43 CFR 230.96 Credit for Payments on Partial Relinquishment
43 CFR 230.97 Relinquishment of part of farm unit; water-right
charges.
A homestead entryman subject to the reclamation law may relinquish
part of his farm unit if in the judgment of an authorized officer it
would not jeopardize the interests of the United States in the
collection of the charges against the part proposed for relinquishment
or otherwise. The portions of the payments theretofore made by him on
account of construction or building charge applicable to the
relinquished area will be credited as follows: First, upon the portion
of the charges for operation and maintenance then due against the
relinquished area, and second, any remainder will be credited upon the
construction or building charge against the area retained. In no case
will payments theretofore made on account of operation and maintenance
charges be so credited. The entryman desiring to make such
relinquishment shall submit to the official in charge of the project his
application therefor. The said official in charge will transmit such
application with his recommendation through proper channels to the
Commissioner of the Bureau of Reclamation for approval of the amendment
of the farm-unit plat.
43 CFR 230.98 Partial relinquishment where entry is not subject to
reclamation law.
Where an entryman, whose entry is not subject to the reclamation law,
relinquishes part of the land included in his entry, appropriate
notation will be made on his water-right application showing such
relinquishment, and his charges thereafter due will be reduced
accordingly upon presenting to the project official in charge
certificate of the land office showing the lands relinquished and the
lands remaining in his entry. If entry is made for the relinquished
portion at the time of filing the relinquishment the new entryman will
receive credit for payments made thereon if assignment in writing is
filed, as provided in 230.83 to 230.92. No credit will be allowed if
the new entry is not filed at the time of relinquishment.
43 CFR 230.99 Transfer of credits when additional expense is involved.
No authorization for allowance of credits as hereinabove provided
will be made which will, in the judgment of an authorized officer of the
Department of the Interior, impose any additional expense whatever upon
the United States for the construction of laterals and division boxes,
or for the making of surveys or for other purposes. Where such
relinquishment would involve additional expenses on the part of the
United States in order to irrigate either the retained or the
relinquished portion of the farm unit the applicant may deposit from
time to time, in advance, as required by the project official in charge,
payment of the estimated amount necessary to provide for the proper
irrigation of either portion of the farm unit, and, in such case, if the
application is not otherwise objectionable, the same will be allowed.
43 CFR 230.100 Conditions governing partial relinquishments.
Every partial relinquishment shall be subject to the following
conditions: (a) That the relinquishing entryman and his successors in
title shall permit the entryman then or thereafter entering the
relinquished part to use the irrigating and drainage ditches and other
irrigation works existing on the retained part at the time of
relinquishment, whenever in the opinion of the project official in
charge such use is reasonably necessary for the irrigation and drainage
of the relinquished part; and the entryman then or thereafter making
entry of the relinquished part shall have right-of-way over the retained
portion for the necessary operation and maintenance of such ditches,
drains, and irrigation works; (b) that the entryman then or thereafter
entering the relinquished part shall have a right-of-way over the
retained part for the construction, operation, and maintenance of such
additional ditches, drains, and other irrigation works as the said
official in charge may from time to time consider reasonably necessary
or proper to be constructed upon or through the retained part for the
irrigation and drainage of the relinquished part.
43 CFR 230.100 Appeals From Actions of Project Official in Charge
43 CFR 230.115 Applicable regulations.
The rules contained in 230.116 through 230.119 govern the procedure
with respect to appeals from actions of project officials in charge. To
the extent they are not inconsistent with these special rules, the
general rules of the Office of Hearings and Appeals in subpart B of part
4 of this title, and the special procedural regulations contained in
subpart G of part 4 of this title, relating to Other Appeals and
Hearings, are also applicable to proceedings on such appeals.
(36 FR 7207, Apr. 15, 1971, as amended at 36 FR 7589, Apr. 22, 1971)
43 CFR 230.116 Where appeals may be taken.
Appeal may be taken from the action of the project official in charge
to the Director, Office of Hearings and Appeals.
(36 FR 7207, Apr. 15, 1971)
43 CFR 230.117 When appeals may be taken.
All cases of error or applications for relief should be promptly
called to the attention of the project official in charge by the party
affected. If the said official in charge decides to deny the request or
application, he will serve upon the party aggrieved, personally or by
certified or registered mail, notice of his decision. The notice will
state the facts, the reason for denying the relief asked, and also that
the party aggrieved may appeal to the Director, Office of Hearings and
Appeals, within 30 days after receipt of the notice by filing with the
official in charge, addressed to the Director, Office of Hearings and
Appeals, such appeal.
(36 FR 7207, Apr. 15, 1971)
43 CFR 230.118 Facts to be shown in appeal; action by project official
in charge.
The appeal may consist of a written statement addressed to the
Director, Office of Hearings and Appeals, setting out clearly and
definitely the ground of complaint. The project official in charge will
note thereon the date of its receipt in his office and promptly forward
the same, with full report, to the Director, Office of Hearings and
Appeals, through the appropriate regional director and the Commissioner,
Bureau of Reclamation, who will attach any recommendations they care to
make. A copy of any recommendations made by such officials must be
served on the appellant or his duly authorized representative.
(36 FR 7207, Apr. 15, 1971)
43 CFR 230.119 Service of notice.
In case of service of notice of decision by certified or registered
mail, such notice will be mailed to the last known post office address
as shown in the record, and evidence of service will consist of the
certified or registry return card on which such letter was delivered,
or, in case of inability of postal authorities to make delivery, of the
returned unclaimed letter. When service is personal, the party making
the service will make written statement to that fact, stating time and
place of service, or secure written acknowledgement of the person
served, and file the same with the project official in charge.
(36 FR 7207, Apr. 15, 1971)
43 CFR 230.119 Taxation by States of Entries Under Reclamation Act or Entries on Ceded Indian Lands Within Indian Irrigation Projects, Prior to Issuance of Final Certificates
43 CFR 230.121 Entries subject to taxation; tax-title claimants;
prior lien of United States; extinguishment of lien.
(a) The Act of April 21, 1928 (45 Stat. 439), as amended by the Act
of June 13, 1930 (46 Stat. 581; 43 U.S.C. 455, 455a through 455c),
permits taxation by States or political subdivisions thereof, prior to
the issuance of final certificate, of lands embraced in reclamation
homestead entries, and in desert-land entries within irrigation projects
constructed under the Reclamation Act and obtaining a water supply from
a reclamation project, and of homestead entries on ceded Indian lands
within any Indian irrigation project.
(b) Homestead entries under the Reclamation Act and homestead entries
on ceded Indian lands within any Indian irrigation project are made
subject to such taxation after the submission of satisfactory final
proof under the ordinary provisions of the homestead law and upon the
acceptance thereof by the manager of the land office, and desertland
entries located within irrigation projects constructed under the
Reclamation Act and obtaining a water supply from such project at any
time after water from said project has been actually available for the
irrigation of the lands in the entry for 4 years.
(c) Taxes legally so assessed by the State or political subdivision
thereof under the Acts of April 21, 1928, and June 13, 1930, constitute
a lien upon the land, subject to the prior lien of the United States for
all due and unpaid installments of the appraised purchase price of the
lands and for all the unpaid charges authorized by law, whether accrued
or otherwise, and such lien may be enforced by the State or political
subdivision thereof by the sale of the lands under proceedings had as in
case of lands held in private ownership.
(d) No tax assessed or levied, if any, prior to April 21, 1928, by
the State or political subdivision thereof, is validated by either the
Act of April 21, 1928, or June 13, 1930.
(e) In case of the sale for unpaid taxes of lands included in
homestead entries on ceded Indian lands within any Indian irrigation
project, or of a reclamation homestead entry, or a desert-land entry
within an irrigation project constructed under the Reclamation Act and
obtaining its water supply from such a project, the holder of the tax
deed or tax title resulting from such tax sale shall be entitled to all
the rights and privileges, as to such homestead entries, of an assignee
homestead entryman on such ceded Indian lands or of an assignee under
the provisions of the Act of June 23, 1910 (36 Stat. 592; 43 U.S.C.
441), and section 2 of the Act of March 28, 1908 (35 Stat. 52; 43
U.S.C. 324), as to desertland entries, only when application for
recognition as assignee has been filed in accordance with the governing
regulations (see 2515.5(a)(3) as to homestead entries and 2521.3(a) of
this title as to desert-lands entries), and also satisfactory proof of
such tax title and showing that the period of redemption has expired.
After acceptance by the manager of the land office of such evidence as
satisfactory, the name of such assignee shall be endorsed upon the
records of the office and such assignee shall be entitled to the rights
of one holding a complete and valid assignment under said Act of June
23, 1910, or the Act of March 28, 1908, and such assignee may at any
time thereafter receive patent with lien reserved (in proper cases)
under the Act of August 9, 1912 (37 Stat. 265; 43 U.S.C. 541 through
546), as amended and extended, for all unpaid installments, including,
in proper cases, all sums due or to become due to the United States on
account of the purchase price of the land, upon submitting satisfactory
proof of reclamation required by the Act of June 17, 1902 (32 Stat.
388), and acts amendatory thereof, and in case of desert-land entries,
the claimant upon submitting satisfactory final proof under the Act of
March 3, 1877 (19 Stat. 377; 43 U.S.C. 321 through 323), as amended by
the Acts of March 3, 1891 (26 Stat. 1095; 43 U.S.C. 321, 323, 325, 327
through 329), section 5 of June 27, 1906 (34 Stat. 520; 43 U.S.C.
448), June 6, 1930 (46 Stat. 502; 43 U.S.C. 448), and June 13, 1930 (46
Stat. 581), and making the payments required by said acts, shall receive
patent with lien reserved in proper cases. The holder of the tax deed
or tax title, applying for recognition as assignee, as aforesaid, must
submit proper evidence of tax title. As the laws governing the sale of
lands for taxes are not the same in the several States affected by this
act and as in some instances more than one method of conducting sales is
permitted, and as the period in which redemption may be made varies, it
is not thought advisable to formulate specific rules governing evidence
or proof of tax titles. However, the following general rules must be
observed: If the tax title is based on court proceedings, a copy of the
decree or order of the court under the seal of the clerk of the court
must be furnished. The certificate of the clerk of the court should
make specific reference to the laws governing such sale and show that
the period of redemption has expired without redemption having been
made, citing the statute. If the sale was made by the State or
political subdivision thereof or under other than court proceedings, the
certificate of the officer conducting such sale, under the seal of his
office, must be furnished. This certificate should show that all steps
necessary to legalize such sale were taken, citing the statutes, and
should show that the period of redemption has expired without redemption
being made.
(f) In cases of application for exchange of reclamation homestead
entries under said Act of June 17, 1902, in whole or in part (of lands
not sold at tax sale), or application to amend, where the proof as to
residence, improvements, and cultivation in support of the base land has
been accepted as satisfactory (see subsection M of section 4 of the Act
of December 5, 1924, 43 Stat. 703, 43 U.S.C. 438, and section 44 of the
Act of May 25, 1926, 44 Stat. 648, 43 U.S.C. 423c, and the regulations
under said Act of May 25, 1926, 51 L. D. 525, 54 L. D. 193, Part 403 of
this title), there must be furnished in addition to the usual evidence a
certificate by the proper State or county tax officer showing that there
are no unpaid taxes or tax sales charged against the land or tax deeds
outstanding and that the accrued taxes for the current year have been
provided for. In this connection reference is made of course to
assessments or taxes, if any, levied by the State since April 21, 1928,
under said Acts of April 21, 1928, and June 13, 1930.
(g) Except in cases of application to exchange, or amend, as set
forth in paragraph (f) of this section, whenever relinquishments of
entries or parts of entries involving taxable lands are filed with the
manager, he will note the same upon his records as in ordinary cases,
and in cases of the cancellation, in whole or in part, of entries
involving taxable lands, the manager will note such cancellation upon
his records and promptly advise the State or county authorities thereof
to the end that the lands involved may be formally relieved of taxes,
liens, or tax titles, if any, levied or outstanding thereagainst
pursuant to said Act of June 13, 1930, between June 13, 1930, and the
date when the relinquishment was filed or cancellation made. Such
notice should describe the land involved and give the name of the
entryman or claimant thereof as shown by the records of the land office.
The notice to the tax authorities should be substantially in the form
prescribed (53 I.D. 424). The release of the lien or tax title should be
duly executed and recorded by the proper State or county authorities,
after which with evidence of its recordation it should be filed with the
manager.
(h) Failure to notify the State or political subdivision thereof of
reversion of title to the base land in cases of application for
exchange, or for amendment, or in cases of relinquishment or
cancellation of any entry does not mean that such base land or land
covered by the relinquished or canceled entry still retains its taxable
status, if any such it ever had under said Act of April 21, 1928, as
originally enacted or as amended, as aforesaid, inasmuch as under law
lands owned by the United States and not in a taxable status are not,
under any circumstances, subject to taxation by the State or political
subdivision thereof.
(i) Neither said Act of April 21, 1928, nor the amendatory Act of
June 13, 1930, enlarges, abridges, or impairs the Act of August 11, 1916
(39 Stat. 506; 54 U.S.C. 621 through 630), in re irrigation districts
in their relation to the public lands of the United States and both the
Act of April 21, 1928, as amended, and said Act of August 11, 1916, may
have harmonious operation within their proper spheres.
(j) The holder of the tax deed or tax title resulting from the tax
sale mentioned in section 3 of said Act of April 21, 1928, and of said
Act of June 13, 1930, should promptly give notice in writing of his
claimed interest in the land to the manager of the land office within
whose district the involved land is situated, in accordance with
1840.1 and 1850.1 of this title, whereupon he will be entitled to full
notice of all action against the entry as provided by said section.
43 CFR 230.121 PART 402 -- SALE OF LANDS IN FEDERAL RECLAMATION PROJECTS
43 CFR 230.121 Subpart A -- Public Lands
Sec.
402.1 Purpose of this subpart.
402.2 What lands may be sold; method of sale; limit of acreage.
402.3 Power to sell.
402.4 Citizenship requirement.
402.5 Procedures within the Department.
402.6 Price.
402.7 Notice of sale.
402.8 Terms of sale.
402.9 Contracts.
402.10 Patent.
402.11 Termination or cancellation
43 CFR 230.121 Subpart B -- Small Tracts; Public and Acquired Lands;
Gila Project, Arizona
402.21 Purpose of this subpart.
402.22 Provisions of Subpart A applicable.
402.23 Special provisions.
43 CFR 230.121 Subpart A -- Public Lands
Authority: Sec. 10, 32 Stat. 390, as amended, sec. 6, 46 Stat.
368, sec. 5, 64 Stat. 40; 43 U.S.C. 373, 424e, 375f. Interpret or
apply 41 Stat. 605, 46 Stat. 367, sec. 11, 53 Stat. 1197, 64 Stat.
39; 43 U.S.C. 375, 424 through 424d, 375a, 375b through 375f.
Source: 18 FR 316, Jan. 15, 1953, unless otherwise noted.
43 CFR 402.1 Purpose of this subpart.
The regulations in this subpart apply to the sale of certain classes
of lands that are subject to the reclamation laws and that may be sold
under one of the following statutes:
(a) The Act of May 20, 1920 (41 Stat. 605; 43 U.S.C. 375);
(b) The Act of May 16, 1930 (46 Stat. 367; 43 U.S.C. 424 through
424e); or
(c) The Act of March 31, 1950 (64 Stat. 39; 43 U.S.C. Sup. 375b
through 375f).
43 CFR 402.2 What lands may be sold; method of sale; limit of
acreage.
(a) Lands which may be sold under the Act of May 20, 1920 (41 Stat.
605; 43 U.S.C. 375) are lands, not otherwise reserved, which have been
withdrawn in connection with a Federal irrigation project and improved
at the expense of the reclamation fund for administration or other like
purposes and which are no longer needed for project purposes. Not more
than 160 acres of such lands may be sold to any one person. With one
exception, such lands must be sold at public auction. If, however, a
tract is appraised at not more than $300, it may be sold at private sale
or at public auction and without regard to the provisions of the Act of
May 20, 1920 respecting notice of publication and mode of sale.
(b) Lands which may be sold under the Act of May 16, 1930 (46 Stat.
367; 43 U.S.C. 424 through 424e) are tracts of temporarily or
permanently unproductive land of insufficient size to support a family.
A purchaser must be a resident farm owner or entryman on the Federal
irrigation project where such lands are located and is permitted to
purchase not more than 160 acres or an area which together with lands
already owned or entered on such project, does not exceed 320 acres. A
resident farm owner means a farm owner who is actually residing on the
farm he owns, and a resident entryman means a homestead entryman who is
actually residing on the land in his homestead entry. These lands may
be sold either at public auction or at private sale.
(c) Lands which may be sold under the Act of March 31, 1950 (64 Stat.
39; 43 U.S.C. Sup., 375b through 375f) are tracts of land too small to
be classed as farm units under the Federal reclamation laws. A
purchaser must be a resident farm owner or entryman (as defined in
paragraph (b) of this section) on the Federal irrigation project where
such lands are located and is permitted to purchase not more than 160
acres or an area which, together with land already owned or entered on
such project, does not exceed 160 irrigable acres. These lands may be
sold either at public auction or at private sale.
43 CFR 402.3 Power to sell.
The Commissioner of Reclamation may, in accordance with the
regulations in this subpart, sell lands under each of the three statutes
listed in 402.1. An Assistant Commissioner or an official in charge of
an office, region, division, district, or project of the Bureau of
Reclamation, if authorized in writing by the Commissioner of
Reclamation, may also sell lands under the statutes mentioned in
accordance with this subpart, and whenever the term ''Commissioner'' is
used in this subpart, it includes any official so authorized.
43 CFR 402.4 Citizenship requirement.
Before patent may be issued to a purchaser under the regulations in
this subpart, he must furnish satisfactory evidence that he is a citizen
of the United States.
43 CFR 402.5 Procedures within the Department.
(a) Before offering any land for sale under any of the statutes
listed in 402.1, the Commissioner should determine that the sale will
be in the best interest of the project in which the lands are located
and, if the lands sold are to be irrigated, that there is a sufficient
water supply for such irrigation.
(b) When a decision is made to offer lands for sale under any of the
statutes listed in 402.1: (1) The Commissioner should notify the State
Supervisor of the Bureau of Land Management in whose State the lands are
located, (2) a report showing the status of the lands should be obtained
from the Manager of the appropriate office of the Bureau of Land
Management, and (3) a report should be obtained from the Geological
Survey with respect to the mineral resources of the lands. A copy of
the report of the Geological Survey should be furnished to the Manager
of the appropriate land office of the Bureau of Land Management for his
use in preparing the final certificate.
43 CFR 402.6 Price.
The price of land sold under this subpart shall be not less than that
fixed by independent appraisal approved by the Commissioner.
43 CFR 402.7 Notice of sale.
The sale of lands at public auction under this part shall be
administered by the Commissioner. Notice of such sales shall be given
by publication in a newspaper of general circulation in the vicinity of
the lands to be sold for either not less than 30 days or once a week for
five consecutive weeks prior to the date fixed for any such sale. Under
the Act of May 20, 1920 (41 Stat. 605; 43 U.S.C. 375) notice of sales
of lands appraised at more than $300 shall also be given by posting upon
the land. In the case of all sales under this subpart notice may be
given by such other means as the Commissioner may deem appropriate.
Where lands are to be sold at private sale, no public notice shall be
required.
43 CFR 402.8 Terms of sale.
(a) Under the Acts of May 16, 1930 (46 Stat. 367; 43 U.S.C. 424
through 424e) and March 31, 1950 (64 Stat. 39; 43 U.S.C. Sup., 375b
through 375f) lands may be sold either for cash or upon deferred
payments. A sale providing for deferred payments shall be upon terms to
be established by the Commissioner, except that the Commissioner shall
require the annual payment of interest at six percent per annum on the
unpaid balance.
(b) Under the Act of May 20, 1920 (41 Stat. 605; 43 U.S.C. 375)
lands may be sold either for cash or upon deferred payments. In
connection with a sale providing for deferred payments the Commissioner
shall require that not less than one-fifth the purchase price in cash be
paid at the time of sale and that the remainder be payable in not more
than four annual payments with interest at six percent per annum on the
unpaid balance.
(c) All payments shall be made to the official of the Bureau of
Reclamation specified in the contract of sale.
43 CFR 402.9 Contracts.
A contract in form approved by the Commissioner shall be signed by
the purchaser at the time of sale and executed on behalf of the United
States by the Commissioner. A copy of the contract shall be furnished
to the appropriate land office of the Bureau of Land Management for
entering in the tract books. The contract shall contain a description
of the land to be sold, the price and terms of sale, a full statement by
the purchaser respecting his qualifications, including citizenship, a
description by the purchaser of his present holdings, and a statement by
him of the irrigable acreage of those holdings. The contract shall also
contain a statement by the purchaser with respect to his knowledge as to
whether the land is mineral or non-mineral in character, as well as all
appropriate reservations, mineral and otherwise, required by law to be
made on entries and patents. Assignments of contracts may be made only
with the consent of the Commissioner and to persons legally qualified to
be purchasers.
43 CFR 402.10 Patent.
When a purchaser has complied fully with the provisions of his
contract and with the applicable provisions of law, including the
regulations in this subpart, the Commissioner shall issue to the
purchaser a final receipt so stating. The receipt shall show any liens
that, under the reclamation laws, must be indicated in the final
certificate and patent and shall state the statutory authority for such
liens. The receipt shall be submitted to the Manager of the appropriate
land office of the Bureau of Land Management and the Manager shall
prepare a final certificate for the issuance of patent to the purchaser.
The Manager shall show in the final certificate the above-mentioned
reclamation liens and any reservations that are required by law to be
made on the patent.
43 CFR 402.11 Termination or cancellation.
Immediately upon the termination or cancellation of any contract for
nonpayment or other appropriate reason the Commissioner shall notify the
proper office of the Bureau of Land Management in order that the tract
books located there may reflect the termination or cancellation of the
contract.
43 CFR 402.11 Subpart B -- Small Tracts; Public and Acquired Lands;
Gila Project, Arizona
Authority: Sec. 15, 53 Stat. 1198, sec. 7, 61 Stat. 630; 43
U.S.C. 485i, 613e. Interpret or apply secs. 3-4, 61 Stat. 629; 43
U.S.C. 613b through 613c.
43 CFR 402.21 Purpose of this subpart.
The regulations in this subpart apply to the sale of small tracts of
public and acquired lands on the Gila Project, Arizona, that are subject
to the reclamation laws and that may be sold to actual settlers or
farmers under the Act of July 30, 1947 (61 Stat. 628; 43 U. S. C. 613
-- 613e).
(19 FR 431, Jan. 26, 1954)
43 CFR 402.22 Provisions of subpart A applicable.
The regulations in subpart A of this part relative to the sale of
public lands under the Act of March 31, 1950 (64 Stat. 39; 43 U. S.
C., Sup. 375b through 375f) shall be applicable to all sales proposed to
be made under this subpart, except that the provisions of 402.23(b)
relative to deeds shall apply in lieu of the provisions of 402.10
relative to patents; and excepting further that the residence
requirements of 402.2(b) shall not apply.
(18 FR 316, Jan. 15, 1953, as amended at 34 FR 5066, Mar. 11, 1969)
43 CFR 402.23 Special provisions.
(a) After disposition of any lands under this subpart by contract of
sale and during the time such contract shall remain in effect, said
lands shall be (1) subject to the provisions of the laws of the State of
Arizona relating to the organization, government, and regulation of
irrigation, electrical power, and other similar districts, and (2)
subject to legal assessment or taxation by any such district and by said
State or political subdivisions thereof, and to liens for such
assessments and taxes and to all proceedings for the enforcement
thereof, in the same manner and to the same extent as privately-owned
lands; Provided, however, That the United States shall not assume any
obligation for amounts so assessed or taxed: And provided further, That
any proceedings to enforce said assessments or taxes shall be subject to
any title then remaining in the United States, to any prior lien
reserved to the United States for unpaid installments under contracts of
sale made under this subpart, and to any obligation for any other
charges, accrued or unaccrued, for special improvements, construction,
or operation and maintenance costs of the Gila Project. Any such lands
situate within the Wellton-Mohawk Division of said project shall also be
subject to the provisions of the Contract Between the United States and
Wellton-Mohawk Irrigation and Drainage District for Construction of
Works and for Delivery of Water, dated March 4, 1952, including but not
limited to the provisions of subdivisions (b) and (c) of Article 22.
(b) When a purchaser has complied fully with the provisions of his
contract and with the applicable provisions of law, including the
regulations in this subpart, the Commissioner shall issue a deed to the
purchaser. The deed shall recite the reservations described in the
contract of sale.
(19 FR 431, Jan. 26, 1954)
43 CFR 402.23 PART 406 -- EXCHANGE OR AMENDMENT OF FARM UNITS ON
FEDERAL RECLAMATION PROJECTS
Sec.
406.1 Purpose of act.
406.2 Eligibility of applicants.
406.3 Request for determination of eligibility.
406.4 Application for selection of a lieu farm unit.
406.5 Size of farm units.
406.6 Credit for charges.
406.7 Department of Agriculture mortgages.
406.8 Credit for homestead and reclamation proof.
406.9 Removal of improvements by owner.
406.10 Water rights.
406.11 Application for entry.
406.12 Amendment of farm units on private holdings.
Authority: Reclamation Act of June 17, 1902, sec. 10, 43, U.S.C.
373 (1976); Act of August 13, 1953, 43 U.S.C. 451-451K (1976).
Source: 18 FR 7656, Dec. 2, 1953, unless otherwise noted.
43 CFR 406.1 Purpose of act.
The Act of August 13, 1953 (67 Stat. 566), herein called ''the act,''
provides for the exchange of certain unpatented farm units or private
lands on a Federal irrigation project, for farm units available on the
same or any other such project by certain classes of qualified
applicants whose lands have been determined, pursuant to a land
classification, to be insufficient to support a family, and the
amendment of farm units by the addition of contiguous or non-contiguous
land on the same project.
43 CFR 406.2 Eligibility of applicants.
The benefits of the act shall apply to an entryman on an unpatented
farm unit and shall apply as to section 1 of the act and may apply as to
the remainder of the act, except as otherwise provided, to the lawful
assignee of an unpatented farm unit who took the assignment in good
faith not knowing and not having reason to believe the farm unit to be
insufficient to support a family and to a resident owner of private
lands who apart from his having previously exhausted his homestead
right, if such be the case, is eligible to enter unappropriated public
lands under Revised Statutes, section 2289, as amended (43 U.S.C. 161),
and who lawfully acquired his lands as an entire farm unit under the
Federal reclamation laws from the United States or in the case of a
widow, widower, heir or devisee, from a spouse or ancestor as the case
may be who so acquired them. Eligibility of all applicants for exchange
or amendment shall be further conditioned as to limitation of size of
entry or ownership as provided in 406.5.
43 CFR 406.3 Request for determination of eligibility.
Entrymen or resident landowners qualified as provided in 406.2 may
make written request addressed to the officer of the Bureau of
Reclamation in charge of the project upon which the applicant's farm
unit is located for a determination of his eligibility and that of his
lands described in such request, for exchange or amendment of farm unit
under the provisions of the act. Such requests shall include a showing
of the basis on which such eligibility is claimed as set forth in 406.2
and shall also list the amount of liens if any against the land,
together with the names and addresses of the lien holders. When such
determination shall have been made, pursuant to a land classification,
the entryman or resident landowner shall be notified thereof in writing,
in person, or by registered mail. At the same time, a list of farm
units then currently available for exchange on the same project together
with a list of other projects where units may be available shall be
furnished to those determined to be eligible under the act.
43 CFR 406.4 Application for selection of a lieu farm unit.
(a) The eligible entryman or resident landowner shall file his
written application for selection of a lieu farm unit with the official
in charge of the project upon which the lieu farm unit is located within
30 days of receipt of his notification of eligibility. Each such
application shall be dated and shall indicate the name and post office
address of the applicant, a statement as to whether the applicant is an
ex-serviceman as defined in section 8 of the act and the date on which
the applicant received his notification of eligibility for exchange,
attaching a copy of said notification. Such filing shall be considered
as being timely within the meaning of the act, except with respect to
farm units opened for entry or purchase pursuant to a public notice or
public announcement under which the closing date has already passed.
Filings may be made in person or by mail.
(b) In the event an application for exchange is filed on a project at
a time after the opening date and before the closing date of any public
notice or public announcement of filings for entry or purchase of a farm
unit, such applicant shall have a preference over any other applicant
for a farm unit on that project or division. All subsequent public
notices and public announcements shall contain reference to the priority
of applicants for farm units pursuant to the act.
(c) In the event there is an available unit on the project at the
time the application is received and there are no other applications
pending, the official in charge of the project on which the lieu unit is
located shall immediately notify the applicant in writing that said unit
may be awarded to him upon his selection or rejection of the unit within
30 days. Such unit shall then be withdrawn from availability until such
time as that applicant notifies the official in charge of the project
upon which that unit is located of his selection or rejection, and if
after the expiration of 30 days the applicant fails to select or reject,
his application for a unit on that project shall be considered withdrawn
and returned. If an applicant rejects the unit offered, his application
shall be considered refiled for any subsequent units in the manner
herein provided.
(d) In the event there are no available units on the project
receiving the application the official in charge shall place the
application in priority group A if the applicant is an ex-serviceman as
defined in section 8 and in priority group B if no such preference is
evident from the application. All subsequent applications so received
shall be so classified and held until a unit becomes available. At the
time a unit becomes available and there are more than one application in
either priority group a drawing shall be held to determine the
individual priority within the priority group. Any applicant so
establishing a priority within Group A shall have a preference over
applicants in Group B. If the number of units available will not
satisfy all pending applications subsequent drawings shall be held
whenever units become available with the preferences established by the
priority group.
(e) Applications for selection of a lieu farm unit shall be retained
on file for a period of one year unless the applicant has sooner
selected a farm unit on that project or some other project or withdrawn
the application, or for good cause shown, the official in charge of the
project where the application is pending may extend said period from
time to time. No farm units will be included in a public announcement
or notice for purchase or entry until all timely applicants on the
project involved have had an opportunity to select a lieu unit thereon.
43 CFR 406.5 Size of farm units.
The act authorizes the establishment of new farm units or the
amendment of existing farm units or private holdings by the addition of
either contiguous or non-contiguous lands which may be available for
entry or purchase, which in combination with all or a part of the unit
will be sufficient in size to support a family. The maximum size of any
unit shall not exceed 320 acres, of which not more than 160 acres may be
irrigable. No exchange or amendment pursuant to the act will be
permitted if the lieu unit or amended unit, together with other land
owned by the applicant on any Federal reclamation project shall exceed
160 acres of irrigable land on which the construction charges have not
been paid. This provision shall not include lands owned by applicant
under a recordable contract for their disposal as provided by the
Federal reclamation laws. Amendments involving non-contiguous tracts of
land will not be approved if there is a sufficient acreage of land
contiguous to the applicant's base farm or if the noncontiguous tracts
are so located as to preclude their being farmed as a part of the base
farm. Factors among others which may be considered, are the location of
canals and other reclamation structures, either constructed or proposed,
which would prohibit the normal movement of farming equipment from one
tract to another, terrain or distance, all or any of which would render
infeasible the economic farming operations of the applicant.
43 CFR 406.6 Credit for charges.
After consummation of the exchange, charges or liens by the United
States against the entryman or resident landowner or against the
relinquished farm unit or private lands which are within the
administrative jurisdiction of the Secretary of the Interior may be
canceled. Any charges paid the United States by the entryman or
resident landowner on the relinquished farm unit or private lands for
land development or construction costs allocated against the lands or
the purchase price paid to the United States for the original farm unit
may be credited against such charges as have been allocated to the new
unit or against the purchase price of the new unit.
43 CFR 406.7 Department of Agriculture mortgages.
Land that is subject to a mortgage contract with the Secretary of
Agriculture under the Act of October 19, 1949 (63 Stat. 883; 7 U.S.C.
1006a and 1006b), shall be disposed of under the provisions of the
regulations in this part only in such form and manner and upon such
terms and conditions as are consistent with the authority of the
Secretary of Agriculture over such mortgage contract.
43 CFR 406.8 Credit for homestead and reclamation proof.
Entryman on unpatented farm units will be given credit under the
homestead laws for residence, improvements and cultivation made or
performed upon the original entry and if satisfactory final proof of
residence, improvements and cultivation has been made on the original
entry, it shall not be necessary to submit such proof upon the lieu
entry. Such rights shall not be assignable. Resident owners of private
lands making an exchange under the provisions of the act shall not be
required to comply with the provisions of the homestead and reclamation
laws as to residence, improvements and cultivation.
43 CFR 406.9 Removal of improvements by owner.
Within ninety days after consummation of the exchange, and subject to
the rights and interests of other parties, the entryman may dispose of
or remove any and all improvements placed on the relinquished lands.
Improvements remaining on the relinquished lands upon the expiration of
the ninety-day period shall become the property of the United States and
shall be available for disposition under the laws of the United States.
When a resident landowner elects to remove improvements which were
located on the base farm unit at the time of purchase from the United
States the current appraised value thereof shall be taken into
consideration in applying the credit on the lieu farm unit.
43 CFR 406.10 Water rights.
Upon the consummation of the exchange any water right appurtenant to
the original lands under the Federal reclamation laws shall cease and
the water supply used or required to satisfy such right shall be
available for disposition under the Federal reclamation laws.
43 CFR 406.11 Application for entry.
If the lieu farm unit selected by a successful exchange applicant is
public domain, an application for entry shall be filed with the office
having jurisdiction over the area in which the unit is located. In the
case of farm units offered for sale under the provisions of the Federal
reclamation laws the exchange applicant will execute a land purchase
contract to be filed with the official in charge of the project upon
which such farm unit is located. The application for a lieu farm unit
or the land purchase contract must be accompanied by a copy of the
approved application for selection of a lieu farm unit. In the case of
an unpatented farm unit it will be necessary that the application be
accompanied by a relinquishment. In the case of private lands the
application must be accompanied by a warranty deed conveying title to
the United States, and an abstract of title or other evidence of title
showing that the land is free of all encumbrances.
43 CFR 406.12 Amendment of farm units on private holdings.
On those projects where it appears that there are a sufficient number
of amendments to justify such action, a board shall be created to assist
the Secretary in determining the boundaries of amended farm units.
Otherwise, disputes between two or more entrymen or resident landowners
as to which of them shall be awarded a tract of land, shall be referred
to the Board of Directors or other governing body of the irrigation
district or water users' association for a recommendation. In the event
there is no irrigation district or water users' association under
repayment contract for the lands involved in the amendment the matter
shall be referred to the Commissioner of Reclamation for a final
decision, subject to the right of appeal to the Secretary of the
Interior.
43 CFR 406.12 PART 413 -- ASSESSMENT BY IRRIGATION DISTRICTS OF LANDS
OWNED BY THE UNITED STATES, COLUMBIA BASIN PROJECT, WASHINGTON
Sec.
413.1 Purpose.
413.2 Definitions.
413.3 Assessment of settlement lands.
413.4 Assessment of other project act lands and rights of way.
413.5 Reports on status of settlement lands.
Authority: Sec. 8, 57 Stat. 20; 16 U.S.C. 835c-4.
Source: 23 FR 10360, Dec. 25, 1958, unless otherwise noted.
43 CFR 413.1 Purpose.
The provisions of this part shall govern the levy and enforcement of
assessments by or on behalf of irrigation districts against lands owned
by the United States within the Columbia Basin Project, pursuant to the
provisions of subsection 5 (b) and section 8 of the Columbia Basin
Project Act (57 Stat. 14; 16 U. S. C. 835c-1 and 835c-4) and in keeping
with the provisions of section 14, Chapter 275, Laws of Washington,
1943. (Section 89.12.120, Revised Code of Washington).
43 CFR 413.2 Definitions.
As used in this part:
(a) Project Manager means the Project Manager of the Columbia Basin
Project, a Federal reclamation project.
(b) District means any one of the irrigation districts organized
under the laws of Washington which has contracted with the United States
under the Columbia Basin Project Act to repay a portion of the
construction cost of the project.
(c) Settlement lands means those public lands of the United States
within the project or those lands acquired by the United States under
the authority of the Columbia Basin Project Act, title to which is
vested in the United States and which are being held pending their
conveyance in accordance with the project settlement and development
program.
(d) Other project act lands means those public lands within the
project and those lands or interests acquired and being held by the
United States under the Columbia Basin Project Act, which are being held
other than for conveyance in accordance with the project settlement and
development program.
(e) Rights of way means lands or interests in lands acquired by the
United States under the Federal Reclamation Laws (Act of June 17, 1902,
32 Stat. 388, 43 U. S. C. 391, and acts amendatory thereof or
supplementary thereto) for the construction and operation of project
works, rights of way, including improvements thereon, reserved to the
United States, under the Act of August 30, 1890 (26 Stat. 391; 43 U.
S. C. 945) or section 90.40.050 of the Revised Code of Washington and
being asserted for project purposes.
43 CFR 413.3 Assessment of settlement lands.
(a) Settlement lands, which the United States is not under contract
to sell or exchange at the time a district makes its annual levy of
assessments shall not be assessed, except as provided in paragraph (c)
of this section. If the United States thereafter contracts to sell or
exchange such lands before the end of the irrigation season following
the date of the annual levy, the purchaser will be required to make
appropriate payment to the district for the water service which will be
available to the purchaser during that irrigation season or the
remaining portion thereof.
(b) From the date the United States contracts to sell or exchange
settlement lands until title thereto passes to the purchaser under such
contract, or until the rights of the purchaser are terminated or
reacquired by the United States settlement lands shall be subject to
assessment by a district on the same basis as other lands of like
character within the operation of the district.
(c) Settlement lands, which the United States is not under contract
to sell or exchange at the time a district makes its levy may be
assessed by a district to the extent of the construction charge
obligation installment required to be levied for the following year on
such lands on account of the district's construction cost obligation to
the United States. No other levies shall be made by a district against
settlement lands in this status.
(d) While settlement lands which the United States has leased for use
as irrigated lands and which the United States has not contracted to
sell or exchange may not be assessed by a district except as provided in
paragraph (c) of this section, lessees shall pay the district the same
amounts annually that would be required to be paid for water service if
the lands were subject to assessment therefor, in addition to any
assessment levied under paragraph (c) of this section.
(e) Assessments made by a district against settlement lands while the
United States is under contract to sell or exchange such lands shall be
subject to all interest and penalties for delinquency as provided by the
laws of Washington, but interest and penalties shall cease to accumulate
on the date such contract is terminated or the purchaser's interest
therein reacquired by the United States.
(f) No action shall be taken by or for a district to enforce any lien
created as permitted under the regulations in this part by assessment
foreclosure or other means that would purport to transfer any right in
or title to any land or interests therein while title thereto is vested
in the United States. Although the United States does not assume any
obligation for the payment of such liens, it will in any conveyance of
settlement lands covered thereby convey subject to those liens.
43 CFR 413.4 Assessment of other project act lands and rights of way.
(a) A district shall, as to other project act lands and rights of way
the title to which passes to the United States on or after January 1 of
any year and before the district has levied its assessments for that
year, immediately remove the lands from its assessment rolls and shall
not thereafter take any proceedings to complete or enforce the
assessments. Any such removal from the rolls shall be effective as of
January 1 of the year in which title passes to the United States Action
so to remove shall be taken promptly after the giving of written notice
by the Project Manager to the district as to the lands involved, and the
district shall provide the United States with a certificate stating that
the lands have not been and will not be assessed so long as title
thereto remains in the United States.
(b) There is no authority in law for the assessment of rights of way
owned by the United States. Accordingly, a district shall make no
assessment thereof while title thereto remains in the United States.
(c) Other project act lands while title thereto remains in the United
States shall not be assessed for any district charge so long as they are
in the ''other project act lands'' category.
43 CFR 413.5 Reports on status of settlement lands.
The Project Manager will furnish each district prior to its annual
levy every year a list of all the settlement lands owned by the United
States for which water is available and which are not under contract of
sale or exchange and therefore are not to be assessed by the district,
except for construction charge obligation installments under 413.3(c)
when such charges are required to be levied.
43 CFR 413.5 PART 417 -- PROCEDURAL METHODS FOR IMPLEMENTING COLORADO
RIVER WATER CONSERVATION MEASURES WITH LOWER BASIN CONTRACTORS AND
OTHERS
Sec.
417.1 Scope of part.
417.2 Consultation with Contractors.
417.3 Notice of recommendations and determinations.
417.4 Changed conditions, emergency, or hardship modifications.
417.5 Duties of the Commissioner of Indian Affairs with respect to
Indian Reservations.
417.6 General regulations.
Authority: 45 Stat. 1057, 1060; 43 U.S.C. 617; and Supreme Court
Decree in ''Arizona v. California,'' 376 U.S. 340.
Source: 37 FR 18076, Sept. 7, 1972, unless otherwise noted.
43 CFR 417.1 Scope of part.
The procedures established in this part shall apply to every public
or private organization (herein termed ''Contractor'') in Arizona,
California, or Nevada which, pursuant to the Boulder Canyon Project Act
or to provisions of other Reclamation Laws, has a valid contract for the
delivery of Colorado River water, and to Federal establishments other
than Indian Reservations enumerated in Article II(D) of the March 9,
1964, Decree of the Supreme Court of the United States in the case of
''Arizona v. California et al.'', 376 U.S. 340 (for purposes of this
part each such Federal establishment is considered as a ''Contractor''),
except that (a) neither this part nor the term ''Contractor'' as used
herein shall apply to any person or entity which has a contract for the
delivery or use of Colorado River water made pursuant to the Warren Act
of February 21, 1911 (36 Stat. 925) or the Miscellaneous Purposes Act
of February 25, 1920 (41 Stat. 451), (b) Contractors and permittees for
small quantities of water, as determined by the Regional Director,
Bureau of Reclamation, Boulder City, Nev. (herein termed ''Regional
Director''), and Contractors for municipal and industrial water may be
excluded from the application of these procedures at the discretion of
the Regional Director, and (c) procedural methods for implementing
Colorado River water conservation measures on Indian Reservations will
be in accordance with 417.5 of this part.
43 CFR 417.2 Consultation with Contractors.
The Regional Director or his representative will, prior to the
beginning of each calendar year, arrange for and conduct such
consultations with each Contractor as the Regional Director may deem
appropriate as to the making by the Regional Director of annual
recommendations relating to water conservation measures and operating
practices in the diversion, delivery, distribution and use of Colorado
River water, and to the making by the Regional Director of annual
determinations of each Contractor's estimated water requirements for the
ensuing calendar year to the end that deliveries of Colorado River water
to each Contractor will not exceed those reasonably required for
beneficial use under the respective Boulder Canyon Project Act contract
or other authorization for use of Colorado River water.
43 CFR 417.3 Notice of recommendations and determinations.
Following consultation with each Contractor and after consideration
of all relevant comments and suggestions advanced by the Contractors in
such consultations, the Regional Director will formulate his
recommendations and determinations relating to the matters specified in
417.2. The recommendations and determinations shall, with respect to
each Contractor, be based upon but not necessarily limited to such
factors as the area to be irrigated, climatic conditions, location, land
classifications, the kinds of crops raised, cropping practices, the type
of irrigation system in use, the condition of water carriage and
distribution facilities, record of water orders, and rejections of
ordered water, general operating practices, the operating efficiencies
and methods of irrigation of the water users, amount and rate of return
flows to the river, municipal water requirements and the pertinent
provisions of the Contractor's Boulder Canyon Project Act water delivery
contract. The Regional Director shall give each Contractor written
notice by registered or certified mail, return receipt requested, of his
recommendations and determinations. If the recommendations and
determinations include a reduction in the amount of water to be
delivered, as compared to the calendar year immediately preceding, the
notice shall be delivered to the Contractor or timely sent by registered
or certified mail, return receipt requested, so that it may reasonably
be delivered at least 30 days prior to the first date water delivery
would be affected thereby, and shall specify the basis for such
reduction including any pertinent factual determinations. The
recommendations and determinations of the Regional Director shall be
final and conclusive unless, within 30 days of the date of receipt of
the notice, the Contractor submits his written comments and objections
to the Regional Director and requests further consultation. If, after
such further consultation, timely taken, the Regional Director does not
modify his recommendations and determinations and so advises the
Contractor in writing, or if modifications are made but the Contractor
still feels aggrieved thereby after notification in writing of such
modified recommendations and determinations, the Contractor may, before
30 days after receipt of said notice, appeal to the Secretary of the
Interior. During the pendency of such appeal, and until disposition
thereof by the Secretary, the recommendations and determinations
formulated by the Regional Director shall be of no force or effect. In
the event delivery of water is scheduled prior to the new
recommendations and determinations becoming final, said delivery shall
be made according to the Contractor's currently proposed schedule or to
the schedules approved for the previous calendar year, whichever is
less.
43 CFR 417.4 Changed conditions, emergency, or hardship modifications.
A Contractor may at any time apply in writing to the Regional
Director for modification of recommendations or determinations deemed
necessary because of changed conditions, emergency, or hardship. Upon
receipt of such written application identifying the reason for such
requested modification, the Regional Director shall arrange for
consultation with the Contractor with the objective of making such
modifications as he may deem appropriate under the then existing
conditions. The Regional Director may initiate efforts for further
consultation with any Contractor on his own motion with the objective of
modifying previous recommendations and determinations, but in the event
such modifications are made, the Contractor shall have the same
opportunity to object and appeal as provided in 417.3 of this part for
the initial recommendations and determinations. The Regional Director
shall afford the fullest practicable opportunity for consultation with a
Contractor when acting under this section. Each modification under this
section shall be transmitted to the Contractor by letter.
43 CFR 417.5 Duties of the Commissioner of Indian Affairs with respect
to Indian Reservations.
(a) The Commissioner of Indian Affairs (herein termed
''Commissioner'') will engage in consultations with various tribes and
other water users on the Indian Reservations listed in Article II (D) of
said Supreme Court Decree, similar to those engaged in by the Regional
Director with regard to Contractors as provided in 417.2 of this part.
After consideration of all comments and suggestions advanced by said
tribes and other water users on said Indian Reservations concerning
water conservation measures and operating practices in the diversion,
delivery, distribution and use of Colorado River water, the Commissioner
shall, within the limits prescribed in said decree, make a determination
as to the estimated amount of water to be diverted for use on each
Indian Reservation covered by the above decree. Said determination
shall be made prior to the beginning of each calendar year. That
determination shall be based upon, but not necessarily limited to, such
factors as: The area to be irrigated, climatic conditions, location,
land classifications, the kinds of crops raised, cropping practices, the
type of irrigation system in use, the condition of water carriage and
distribution facilities, record of water orders, and rejections of
ordered water, general operating practices, the operating efficiencies
and methods of irrigation of the tribes and water users on each
reservation, the amount and rate of return flows to the river, municipal
water requirements, and other uses on the reservation. The Commissioner
of Indian Affairs shall deliver to the Regional Director written notice
of the amount of water to be diverted for use upon each Indian
Reservation for each year 60 days prior to the beginning of each
calendar year and the basis for said determination. The determination
of the Commissioner shall be final and conclusive unless within 30 days
of the date of receipt of such notice the Regional Director submits his
written comments and objections to the Commissioner of Indian Affairs
and requests further consultation. If after such further consultation,
timely taken, the Commissioner does not modify his determination and so
advises the Regional Director in writing or if modifications are made by
the Commissioner but the Regional Director still does not agree
therewith, the Regional Director may, within 30 days after receipt of
the Commissioner's response, appeal to the Secretary of the Interior for
a decision on the matter. During the pendency of such appeal and until
disposition thereof by the Secretary, water deliveries will be made to
the extent legally and physically available according to the
Commissioner's determination or according to the Commissioner's
determination for the preceding calendar year, whichever is less.
(b) Modifications of said determinations due to changed conditions,
emergency or hardship may be made by the Commissioner, subject, however,
to the right of the Regional Director to appeal to the Secretary, as
provided in the case of an initial determination by the Commissioner.
During the pendency of such an appeal, water deliveries will be made on
the basis of the initial determination.
43 CFR 417.6 General regulations.
In addition to the recommendations and determinations formulated
according to the procedures set out above, the right is reserved to
issue regulations of general applicability to the topics dealt with
herein.
43 CFR 417.6 PART 418 -- NEWLANDS RECLAMATION PROJECT, NEVADA; TRUCKEE
RIVER STORAGE PROJECT, NEVADA; AND WASHOE RECLAMATION PROJECT,
NEVADA-CALIFORNIA (TRUCKEE AND CARSON RIVER BASINS, CALIFORNIA-NEVADA);
PYRAMID LAKE INDIAN RESERVATION, NEVADA; STILLWATER AREA, NEVADA
Sec.
418.1 Statement of considerations leading to the proposed adoption of
general operating criteria and principles relating to the captioned
stream systems.
418.2 Definitions.
418.3 Procedures for operation, management and control of the Truckee
and Carson Rivers in regard to exercise of water rights of the United
States.
418.4 District's operation of the irrigation works.
418.5 Water rights.
Authority: Sec. 10, 32 Stat. 388, et seq. .; 43 U.S.C. 373.
Source: 32 FR 3098, Feb. 21, 1967, unless otherwise noted.
43 CFR 418.1 Statement of considerations leading to the proposed
adoption of general operating criteria and principles relating to the
captioned stream systems.
(a) Under authority of the Act of Congress approved June 17, 1902 (32
Stat. 388), commonly known as the Reclamation Act, and acts amendatory
thereof or supplementary thereto, including the Washoe Project Act of
August 1, 1956 (70 Stat. 775), as amended by the Act of August 21, 1958
(72 Stat. 705), and the Federal Water Pollution Control Act of July 9,
1956, as amended (33 U.S.C. 466 et seq..) the Secretary of the Interior
is charged with responsibility for the management of the water supplies
available to the Newlands Project, Nevada, to the Truckee River Storage
Project, Nevada, and to the Washoe Project, California-Nevada. He is
also required to provide for the construction, operation and maintenance
of the authorized facilities and to provide for the proper management
and administration of such facilities as well as of project lands and
services.
(b) Under the Constitution and various acts of Congress, the United
States is trustee for the Indians and in that status it is obligated to
protect and preserve the rights and interests of the Pyramid Lake Tribe
of Indians in the Truckee River and in Pyramid Lake. This trust
responsibility is vested in the Secretary of the Interior. It is in the
national interest that the fishery resource of Pyramid Lake be restored,
that agricultural use be developed, and that the water inflow to the
Lake be such as to allow realization of the great potential thereof,
including recreation. The regulations in this part will initiate
Departmental controls, lacking in the past, to limit diversions by TCID
from the Truckee River within decreed rights, and thereby make
additional water available for delivery to Pyramid Lake.
(c) The Secretary is charged by law with the protection and
conservation of migratory birds, and with maintaining the integrity of
the refuge system developed pursuant to the Migratory Bird Treaty Act
(16 U.S.C. 703 through 711), and the Migratory Bird Conservation Act (16
U.S.C. 715 through 715r). The lower Carson River Basin is within a
major division of the Pacific Flyway and provides part of the refuge
system.
(d) The Secretary is charged with the responsibility of preparing
comprehensive programs for eliminating or reducing the pollution of
interstate waters and tributaries thereof and improving the quality of
surface and underground waters pursuant to the Federal Water Pollution
Control Act, as amended (33 U.S.C. 466 et seq..).
(e) The area of the Truckee and the Carson River Basins is one of
short water supply and is continuously subject to increasing competitive
demands. To effectuate the acts of Congress and treaties with Great
Britain and Mexico for the conservation of migratory birds affecting
these river basins, to meet the reasonable water use demands under water
rights either decreed or to be decreed or otherwise vested, and to
obtain the best combination of uses of the waters of the basins in the
public interest requires modification of existing patterns of water use.
Extended negotiations have been undertaken with the Truckee-Carson
Irrigation District for the purpose of reaching agreement regarding
these matters. These negotiations will be continued.
(f) Meanwhile, recurring flood conditions along the Truckee River and
its tributaries have created a situation which makes it imperative to
proceed in the Stampede Division of the Washoe Project by construction
of Stampede Dam on the Little Truckee River.
(g) The rules and regulations in this part are formulated and issued
by reason of the foregoing considerations and they have been developed
within the framework of agreements, decrees, understandings, and
obligations of the United States or to which the United States is a
party. The rules and regulations in this part will be revised as
experience indicates the need or to conform to any agreement reached
between the United States and the Truckee-Carson Irrigation District
amending the existing contract with that District.
43 CFR 418.2 Definitions.
As used in this part:
(a) District means the Truckee-Carson Irrigation District, organized
under Nevada law with its office at Fallon, Nev.
(b) Truckee River Decree means decree entered in the action entitled
''United States v. Orr Water Ditch Co. et al.,'' in the U.S. District
Court, Nevada, Equity No. A-3.
(c) Carson River Decree means orders, temporary and final, entered in
the action entitled ''United States v. Alpine Land and Reservoir Co.
et al.,'' in U.S. District Court, Nevada (Equity No. D-183).
(d) Contract means that contract between United States and Truckee-
Carson Irrigation District dated December 18, 1926, as amended.
(e) Irrigation works means the works of the United States constructed
for the primary purpose of irrigating the lands of the Newlands Project
within the boundaries of the District, and including Derby Dam, Lake
Tahoe Dam, the Truckee canal, Lahontan Dam and Reservoir, Carson
Diversion Dam, T canal, V canal, and all other canals, turnouts, pumping
plants and works necessary to irrigate and drain District lands, the
operation of which was transferred to the District pursuant to Article 6
of the contract.
43 CFR 418.3 Procedures for operation, management and control of the
Truckee and Carson Rivers in regard to exercise of water rights of the
United States.
In order to make the most efficient use of the available water:
(a) On or before October 1, 1967, the Regional Director of the Bureau
of Reclamation as chairman, the Area Director of the Bureau of Indian
Affairs, the Regional Director of the Bureau of Sport Fisheries and
Wildlife, the Regional Director of the Federal Water Pollution Control
Administration, the Regional Director of the Bureau of Outdoor
Recreation, and the designee of the Geological Survey shall recommend
operating criteria and procedures consistent with the guidelines set
forth herein for the approval of the Secretary for the coordinated
operation and control of the Truckee and Carson Rivers in regard to the
exercise of water rights of the United States, so as to (1) comply with
all of the terms and provisions of the Truckee River Decree and the
Carson River Decree; and (2) maximize the use of the flows of the
Carson River in satisfaction of Truckee-Carson Irrigation District's
water entitlement and minimize the diversion of flows of the Truckee
River for District use in order to make available to Pyramid Lake as
much water as possible. Any change in subsequent years of the adopted
operating criteria and procedures shall be formulated and approved in
the same manner as set forth above.
(b) The departmental representatives designated in paragraph (a) of
this section shall select a committee of water contractors and users and
other directly affected interests, including the Pyramid Lake Tribe and
those using water for fishing, hunting and recreation in both river
basins. The departmental representatives shall consult with this
advisory committee in the formulation of the operating criteria and
procedures.
43 CFR 418.4 District's operation of the irrigation works.
(a) The District's operation of the irrigation works, including the
diversion of water, shall be in compliance with all of the terms and
provisions of the Truckee River Decree and the Carson River Decree, the
rules and regulations in this part, and the operating criteria and
procedures adopted by the Secretary.
(b) It is determined that a water supply of not more than 406,000
acre-feet from both Truckee and Carson Rivers, if available, may be
diverted in any year to irrigate District irrigable lands.
(c) It is further determined in regard to the operation and control
of the Truckee and Carson Rivers during the water year beginning October
1, 1966, that 406,000 acre-feet, if available, will be diverted for the
District. For future water years this quantity may be reduced by
determinations about operating criteria and procedures made in
accordance with the standards set forth in 418.3(a).
(d) The District's water supply noted in paragraphs (b) and (c) of
this section shall be measured at the gaging station below Lahontan Dam
and at diversion points along the Truckee Canal. Measurements shall be
made by the District through facilities and by methods satisfactory to
the Secretary of the Interior or his representative and shall be
compiled on a water-year basis extending from October 1 to September 30.
(e) All water passing the gaging station below Lahontan Dam shall be
charged against the District's yearly supply of not more than four
hundred and six thousand (406,000) acre-feet, excepting uncontrollable
spillage from Lahontan Reservoir, and further excepting precautionary
drawdown of the Reservoir to create space for storing flood waters from
the Carson River basin, provided, such drawdown is neither stored
downstream in District facilities nor used by the District for
irrigation.
(f) The United States may temporarily store part of the District's
supply in upstream facilities provided that water so stored which is
within the District's entitlement shall be credited to the District and
shall be released to the District at its request. At any one time the
sum of the storage in Lahontan Reservoir and the total related
creditable storage upstream shall not exceed the present storage
capacity of Lahontan Reservoir, which is here defined as two hundred and
ninety thousand (290,000) acre-feet, plus, however, in the event of such
storage upstream, an additional amount equal to anticipated losses in
transmission downstream to the District. In addition the District may
store in District reservoirs downstream of Lahontan Reservoir a quantity
of water presently estimated to be 35,000 acre-feet.
(g) Deliveries of water from the Truckee Canal into Lahontan
Reservoir (when water is available and the District is entitled to it)
shall be permitted only so long as the total storage credited to
Lahontan Reservoir in that reservoir and in upstream facilities, at any
one time, is not more than two hundred and ninety thousand (290,000)
acre-feet plus an amount equal to anticipated losses in transmission
downstream from storage reservoir to Lahontan Reservoir.
(h) Hydropower generation at Lahontan and V canal power plants shall
be incidental only to releases or diversions of water for beneficial
consumptive uses, except that power may be generated from water that
would otherwise constitute uncontrollable spill or precautionary
drawdown.
43 CFR 418.5 Water rights.
The regulations in this part prescribe water uses within existing
rights. The regulations in this part do not, in any way, change, amend,
modify, abandon, diminish, or extend existing rights.
43 CFR 418.5 PART 419 -- ADMINISTRATIVE CLAIMS UNDER PUBLIC WORKS
APPROPRIATION ACT FOR TETON DAM
Sec.
419.0-1 Purpose.
419.0-2 Policy.
419.0-3 Scope of regulations.
419.0-4 Authority.
419.0-5 Definitions.
419.1 Appropriation Act claims.
419.1-0 When presented.
419.1-1 Eligibility.
419.1-2 Who may file.
419.1-3 Evidence and information to be submitted.
419.2 Administrative review.
419.2-0 Investigative report.
419.2-1 Administrative determination.
419.3 Emergency claim.
419.4 Partial payment of claim.
419.5 Appeals.
419.6 Payment of claim.
419.7 Release.
419.8 Limitation of relief to avoid duplication of benefits.
419.8-1 Insurance or other non-Federal sources.
419.8-2 Duplication of Federal benefits.
419.9 Limitation of damages.
419.10 Time limit for filing claim.
419.11 Election of remedies.
419.12 Publication.
419.13 Severability.
Authority: The Annual Public Works Appropriation Act of 1976, Pub.
L. 94-180, 89 Stat. 1035; the Act of July 12, 1976, 90 Stat. 889;
the Act of June 17, 1902, 32 Stat. 390 as amended; the Teton Dam
Disaster Assistance Act of 1976, Pub. L. 94-400, 90 Stat. 1211.
Source: 41 FR 42201, Sept. 27, 1976, unless otherwise noted.
43 CFR 419.0-1 Purpose.
To provide for the payment of claims for actual damages to or loss of
property, income, personal injury, or for death directly resulting from
the failure on June 5, 1976, of the Teton Dam of the Lower Teton
Division of the Teton Basin Federal Reclamation Project which was
authorized by the Act of September 7, 1964 (78 Stat. 925).
43 CFR 419.0-2 Policy.
(a) The policy of the Department shall be to provide for the
expeditious resolution of meritorious claims under the provisions of the
Annual Public Works Appropriation Act of 1976, Pub. L. 94-180, 89 Stat.
1035, the Act of July 12, 1976, 90 Stat. 889, and the Teton Dam
Disaster Assistance Act of 1976, Pub. L. 94-400, 90 Stat. 1211.
(b) If a claim for damages has been paid in whole or in part under
any policy of insurance or from any other source whether public or
private, for which there is no obligation to repay, the authorized
officer shall deduct such payment(s) from any amount determined to be
payable under these regulations. If a claim for damages is payable in
whole or in part under any policy of insurance, no payment shall be made
on the claim until the claimant has provided written proof that the
insurer has denied the claim, and the claimant assigns to the United
States, his rights thereto under the policy.
(c) Neither the promulgation of these regulations, nor payment of any
claim under them in whole or in part shall constitute any admission of
liability by the United States. No provision of these regulations shall
be construed as providing or creating a right of action against the
United States, its agents or employees, nor shall these regulations be
construed as waiving or extending any applicable statute of limitations
or any other requirement prerequisite to any such right of action.
43 CFR 419.0-3 Scope of regulations.
These regulations shall apply only to payments requested from the
United States under the Annual Public Works Appropriation Act of 1976,
Public Law 94-180, 89 Stat. 1035, the Act of July 12, 1976, 90 Stat.
889 and the Teton Dam Disaster Assistance Act of 1976, Public Law
94-400, 90 Stat. 1211. These regulations do not apply to claims
asserted against the United States solely under the Annual Public Works
Appropriation Act of 1976, Public Law 94-180, 89 Stat. 1035, and the
Act of June 17, 1902, 32 Stat. 390 as amended.
43 CFR 419.0-4 Authority.
(a) The Annual Public Works Appropriation Act of 1976, Public Law
94-180, 89 Stat. 1035.
(b) The Act of July 12, 1976, 90 Stat. 889.
(c) The Act of June 17, 1902, 32 Stat. 390 as amended.
(d) The Teton Dam Disaster Assistance Act of 1976, Public Law 94-400,
90 Stat. 1211.
43 CFR 419.0-5 Definitions.
(a) Actual pecuniary loss means those monetary losses proximately
caused by the failure of the Teton Dam on June 5, 1976, including
medical, dental, hospital, burial and funeral expenses, lost wages and
expected loss of income. Actual damages shall not include bodily pain,
suffering, worry, physical disfigurement, mental distress, grief,
anguish, consortium, protection, personal services, comfort, society,
companionship, welfare, support, happiness, bodily care, intellectual
training, moral training, advice or guidance.
(b) Administrative claim means any request for payment made under
these regulations, the Annual Public Works Appropriation Act of 1976,
Public Law 94-180, 89 Stat. 1035, the Act of July 12, 1976, 90 Stat.
889, or the Teton Dam Disaster Assistance Act of 1976, Public Law
94-400, 90 Stat. 1211.
(c) Assistance from other means means any monetary assistance or
grant that the claimant is under no obligation to repay and which has
been received from any other Federal, State or local government
program(s), under any policy of insurance, from any voluntary or
charitable organization(s), or from any sources other than those of the
claimant.
(d) Authorized officer means an officer of the Department authorized
by the Secretary to determine claims under the regulations in this part.
(e) Bureau means the Bureau of Reclamation.
(f) Claimant means any person (including the decedent in the case of
death), Indian, Indian tribe, corporation, partnership, company,
association, county, township or other non-Federal entity or its legal
representative who suffered actual damage(s) to or loss of property,
income, personal injury, or death directly resulting from the failure of
Teton Dam on June 5, 1976, and who requests payment under these
regulations. No insurer with either whole or partial rights of a
subrogee or any person who is an assignee of another may be a claimant
under these regulations.
(g) Claims officer means any person authorized by the Commissioner,
Bureau of Reclamation to investigate and verify claims for damage,
injury or loss.
(h) Department means the Department of the Interior.
(i) Federal agency means any department, independent establishment,
Government corporation, or other agency of the executive branch of the
Federal Government, but shall not include the American National Red
Cross.
(j) Federal financial assistance means Federal monetary compensation
for losses from the failure of Teton Dam which the claimant is not
obligated to repay.
(k) Final agency action means determination of entitlement to payment
and the amount thereof, under these regulations, as made by the Office
of Hearings and Appeals of the Department.
(l) Incident means the failure on June 5, 1976, of the Teton Dam of
the Lower Teton Division of the Teton Basin Federal Reclamation Project.
(m) Insurance means a contract under which one party has agreed to
compensate the other for loss of or damage to property, for personal
injury, or for loss of income. For the purposes of these regulations,
insurance shall not include life insurance or pension benefits.
(n) Legal representative means any person authorized under the laws
of the State of Idaho to assert the claim of another individual,
including but not limited to a duly authorized agent, the executor or
administrator of the claimant's estate, a minor's parent or guardian, or
the claimant's attorney. No insurer with either whole or partial rights
of a subrogee may be a legal representative under these regulations.
(o) Major disaster area means the Idaho counties of Bingham,
Bonneville, Fremont, Jefferson, and Madison, designated by the
Administrator, Federal Disaster Assistance Administration, on June 6,
1976, or such other areas as may be later designated by the
Administrator under the President's declaration of June 6, 1976. In
addition, that portion of the Fort Hall Indian Reservation lying in
Bannock County, westward from U.S. Highway 191 to the Snake River and
the American Falls Reservoir and that portion of Power County serviced
by the Aberdeen-Springfield Canal Company are included in the major
disaster area, for the purpose of these regulations.
(p) Secretary means the Secretary of the Interior.
(q) Treasury means the Treasury of the United States.
(41 FR 42201, Sept. 27, 1976, as amended at 42 FR 3307, Jan. 18,
1977)
43 CFR 419.1 Appropriation Act claims.
43 CFR 419.1-0 When presented.
(a) Filing. An administrative claim shall be deemed to have been
presented when the Idaho Falls or Rexburg offices, or such other offices
as the Bureau may designate, receive from a claimant an executed form to
be prescribed by the Secretary or other written notification of such
claim, accompanied by a request for a specific amount of money damages
for injury to or loss of property, for personal injury, or for death
alleged to have occured as a result of the incident.
(b) Single claim. All claims for actual damages to or loss of
property, income, personal injury or death, by a single claimant shall
be submitted by the claimant as and in a single claim, except as
otherwise provided in this section, and each claim shall designate
clearly that it is being submitted under the provisions of the Public
Works Appropriation Act of 1976, Public Law 94-180, 89 Stat. 1035, the
Act of July 12, 1976, 90 Stat. 889 or the Teton Dam Disaster Assistance
Act of 1976, Public Law 94-400, 90 Stat. 1211. An additional claim may
be submitted by the claimant if the claimant had not discovered and by
the exercise of reasonable diligence could not have discovered the
damage to or loss of property, income or personal injury prior to
determination of the claimant's single original claim by the authorized
officer.
(c) Amendment. A claim presented in compliance with paragraph (a) of
this section may be amended by the claimant at any time prior to
determination by the authorized officer. Amendments shall be designated
as such and submitted in writing and signed by the claimant or his legal
representative.
(41 FR 42201, Sept. 27, 1976, as amended at 43 FR 11821, Mar. 22,
1978)
43 CFR 419.1-1 Eligibility.
(a) In order to qualify for payment under these regulations the
claimant must certify at the time of submitting his claim, that:
(1) The loss or injury being claimed has not been compensated for by
any assistance from other means.
(2) Should the claimant subsequently receive assistance from other
means the claimant will refund or repay to the Treasury any payments
made under these regulations, to the extent they are duplicated by such
subsequent assistance from other means.
(3) The damage, injury, or loss for which a claim is made occurred
within the major disaster area as a direct result of the incident.
(4) Upon payment of claims under the provisions of these regulations,
with the exception of payment of emergency claims under 419.3 or
partial payments under 419.4, the claimant shall release the United
States, its agents and employees from all possible liability arising
from the incident. (See 419.7.)
(b) All certifications made by a claimant under paragraph (a) of this
section are made subject to civil and criminal penalties for presenting
fraudulent claims or making false statements. (See 18 U.S.C. 287, 1001
and 31 U.S.C. 231).
43 CFR 419.1-2 Who may file.
(a) A claim for injury to or loss of property, or loss of income
resulting therefrom, must be presented by the owner of the property at
the time of the incident or his legal representative.
(b) A claim for personal injury or loss of income resulting therefrom
must be presented by the injured person or his legal representative.
(c) A claim based on death or loss of income resulting therefrom must
be presented by the executor or administrator of the decedent's estate,
or by any other person legally entitled to assert such a claim in
accordance with the laws of the State of Idaho. For the purposes of
filing a claim under these regulations, any person missing as a result
of the incident who is still missing and unaccounted for by June 5,
1977, shall be presumed dead.
(d) A claim presented by a legal representative shall be presented in
the name of the claimant, be signed by the legal representative, show
the title or legal capacity of the legal representative, and be
accompanied by evidence of his authority to present a claim on behalf of
the claimant as agent, executor, administrator, parent, guardian, or
other representative.
43 CFR 419.1-3 Evidence and information to be submitted.
(a) General. Recognizing that all or part of the evidence and
information needed to verify claims may have been lost as a result of
the incident, the claimant may be required to submit the following
evidence or information in support of all claims:
(1) A detailed statement of all relevant insurance policies and
applications therefor, owned by or for the benefit of the claimant, and
copies of the policies and applications.
(2) A detailed statement of other evidence of all entitlement to or
assistance from other means, anticipated or received.
(b) Death. In support of a claim based on death, the claimant may be
required to submit the following evidence or information:
(1) An authenticated death certificate or other competent evidence
showing cause of death, evidence of the circumstances surrounding the
death, date of death, and age of the decedent.
(2) Decedent's employment or occupation at time of death, including
his monthly or yearly salary or earnings (if any), and the duration of
his last employment or occupation.
(3) Full names, addresses, birth dates, kinship, and marital status
of the decedent's survivors, including identification of those survivors
who were dependent for support upon the decedent at the time of his
death.
(4) Degree of support afforded by the decedent to each survivor
dependent upon him for support at the time of his death.
(5) Decedent's general physical and mental condition before death.
(6) Itemized bills for medical and burial expenses incurred by reason
of the incident causing death, or itemized receipts of payment for such
expenses.
(7) Any other evidence or information which may have a bearing on
either the death or the damages claimed, or the proximate cause of
either.
(c) Personal injury. In support of a claim for personal injury the
claimant may be required to submit the following evidence or
information:
(1) A written report (or medical release therefor) signed by his
attending physician or other competent medical authority setting forth
the nature and extent of the injury, nature and extent of treatment, any
degree of temporary or permanent disability, the medical prognosis,
period of hospitalization, and any diminished earning capacity.
(2) Any other medical reports at any time previously or thereafter
made of the physical or mental condition which is the subject matter of
his claim (or medical releases therefor).
(3) Itemized bills for medical, dental and hospital expenses
incurred, or itemized receipts of payment for such expenses.
(4) If the prognosis reveals the necessity for future treatment, a
statement of expected expenses for such treatment signed by a physician
or other competent medical authority.
(5) If a claim is made for loss of time from employment, a written
statement from his employer showing actual time lost from employment,
whether he is a full or part-time employee, and wages or salary actually
lost.
(6) Any other evidence or information which may have a bearing on
either the personal injury or the damages claimed or the proximate cause
of either.
(7) In addition, the claimant may be required to submit to an
examination by a physician or other competent medical authority employed
or designated by the Department or another Federal agency.
(d) Property damage. In support of a claim for damages to or loss of
property, real or personal, the claimant may be required to submit the
following evidence or information:
(1) Proof of ownership at the time of the incident including a
statement of any liens or other secured interests.
(2) A detailed statement of the amount claimed with respect to each
item of property.
(3) An itemized receipt of payment for necessary repairs or itemized
written estimates of the cost of such repairs.
(4) A statement listing date of purchase, purchase price, depreciated
value, if applicable, and salvage value, where repair is not economical.
(5) Any other evidence or information which may have a bearing on
either the injury to or loss of property or the damages claimed or the
proximate cause of any of them.
(e) Refusal to supply evidence. The refusal to supply the evidence
or information requested under paragraphs (a) through (d) of this
section, may result in the denial of the claim.
43 CFR 419.2 Administrative review.
43 CFR 419.2-0 Investigative report.
(a) Duties of the claims officer. (1) Investigation. A prompt
investigation of the basis for each claim shall be made. The nature and
extent of the investigation shall depend upon the nature of the claim
and the need for information and evidence. In all cases the claims
officer shall insure that the investigation is conducted in a fair and
impartial manner and to the extent possible that:
(i) Signed statements are obtained from available competent witnesses
to facts pertinent to the claim.
(ii) Property damage is inspected.
(iii) Injured persons or their legal representatives are personally
interviewed.
(iv) All bills or estimates necessary for full and fair consideration
of the nature, extent and amount of injury, damage or loss are obtained.
(2) Report and recommendation. Claims officers shall:
(i) Prepare the investigative report.
(ii) Submit the complete investigative report to the authorized
officer together with a summary analysis thereof.
(3) Counseling. Claims officers shall also be responsible for
furnishing claims forms and advise and assist claimants on the proper
procedures for filing claims.
(b) Contents of the investigative report. The investigative report
shall be in writing. In addition to the claims form and other
information provided by the claimant, the investigative report shall
contain all pertinent statements, exhibits and any other evidence taken
or considered in the investigation.
43 CFR 419.2-1 Administrative determination.
(a) Determination of claim. Upon receipt of the claims officer's
investigative report, the authorized officer shall make a determination
of the claim. If additional information is necessary to determine the
claim, the authorized officer may request the claims officer to obtain
such additional information. The authorized officer may either deny the
claim, or pay the claim in full or in part. The determination shall be
made as expeditiously as possible. If the claimant has received
emergency payment under 419.3 or partial payment under 419.4, the
authorized officer shall deduct such payments from final payment of the
claim.
(b) Notice. Notice of the determination to each claim shall be in
writing and shall be sent within the time specified in paragraph (a) of
this section, to the claimant by certified or registered mail, return
receipt requested, or by personal delivery. The notice shall state that
if the claimant is dissatisfied he is entitled to request
reconsideration of the authorized officer's determination under 419.5.
(c) Motion for reconsideration. If the claimant is dissatisfied with
the determination of the authorized officer, the claimant may file a
motion for reconsideration of the claim by notifying the authorized
officer within 60 days after the date of receipt of the determination.
All motions for reconsideration must be in writing and state the basis
for the motion and may be supported by other pertinent documents and
papers. The authorized officer will notify the claimant within 20 days
after receipt of the motion of his further determination.
43 CFR 419.3 Emergency claim.
(a) The claims officer may in his discretion and upon request of the
claimant refer any claim filed under these regulations or portion
thereof, to the authorized officer prior to final completion of the
investigative report if the claim or portion thereof is for an item or
service essential to the claimant to prevent personal hardship or
injury.
(b) The authorized officer may, under the authority of this section
of these regulations, make payment to the claimant; however, such
payment shall not exceed $10,000.
(c) Payment of emergency claims under this section shall be made in
accordance with the provisions of 419.6.
43 CFR 419.4 Partial payment of claim.
(a) The claims officer may in his discretion and upon request of the
claimant refer a portion of any claim filed under these regulations to
the authorized officer upon completion of the investigation of such
portion of the claim. Only logically severable portions of the claim,
as determined by the claims officer, shall be referred to the authorized
officer.
(b) Upon receipt of the claims officer's partial investigative report
under paragraph (a) of this section, the authorized officer shall make a
determination of the claim under the procedures of 419.2-1. If the
authorized officer finds that partial determination is inappropriate,
the authorized officer shall return the partial investigative report to
the claims officer.
(c) Notice of determination of each partial claim shall be sent in
accordance with 419.2-1(b). Payment of partial claims under this
section shall be made in accordance with the provisions of 419.6.
43 CFR 419.5 Appeals.
(a) If the claimant is dissatisfied with the determination of the
authorized officer, the claimant may file an appeal of the claim within
60 days after the date of receipt of the authorized officer's
determination. It is not necessary to file a motion for reconsideration
under 419.2-1(c) prior to appeal.
(b) Upon receipt of an appeal, the authorized officer shall
immediately forward the appeal, the investigative report, and all
supporting documents and papers to the Office of Hearings and Appeals of
the Department.
(c) The Office of Hearings and Appeals shall, within 6 months from
the date of receipt of the appeal take the final agency action on the
claim in accordance with the regulations contained in 43 CFR 4.700
through 4.704.
43 CFR 419.6 Payment of claim.
(a) In all cases in which the authorized officer determines that
payment of all or part of the claim filed under these regulations is
proper, the authorized officer shall include with the notice of the
disposition of the claim transmitted to the claimant under 419.2-1(b) a
completed payment voucher.
(b) Upon acceptance of the authorized officer's disposition of the
claim, as evidenced by the execution and return of the payment voucher
to the authorized officer, payment for the claims included therein shall
be made by the Bureau out of ''Construction and Rehabilitation'' funds
provided for by the Act of July 12, 1976, 90 Stat. 889.
(c) If the claimant has received emergency or disaster loans from the
United States Department of Agriculture, the Small Business
Administration or any other Federal agency due to the incident, the
authorized officer shall issue separate payment vouchers to the claimant
and to the Federal lending agency to the extent of the indebtedness.
The voucher for payment to the Federal lending agency shall be made
jointly payable to the claimant and the agency.
(d) If the authorized officer is aware of any secured interest in
real or personal property which is the subject of a claim under these
regulations, the authorized officer shall notify such a holder of the
secured interest of the payment at the time the payment voucher is
transmitted to the claimant. The authorized officer may include the
owner of such secured interest on the voucher for payment if appropriate
or desirable in the circumstances.
43 CFR 419.7 Release.
(a) Acceptance of payment for claims under these regulations shall
release the United States, its agents and employees from all possible
liability for damages caused by the incident. The signed payment
voucher shall constitute and be conclusive evidence of the claimant's
full release of the United States, its agents and employees from all
possible liability. Such release will be binding upon the claimant and
all other persons for whose benefit the claim was asserted or who might
otherwise seek to hold the United States, its agents or employees liable
for damages to the claimant caused by the incident.
(b) If partial payment is made under 419.4, acceptance of the
payment voucher for such partial payment under these regulations shall
release the United States, its agents and employees from all possible
liability for damages caused by the incident and related to the partial
claim. The signed payment voucher will constitute and be conclusive
evidence of the claimant's release. Such release will be binding upon
the claimant and all other persons for whose benefit the partial claim
was asserted or who might otherwise seek to hold the United States, its
agents or employees liable for damages to the claimant caused by the
incident and related to the partial claim.
(c) No release given under these regulations shall affect the rights
of any insurance company with the rights of a subrogee against the
United States, its agents and employees to the extent that the insurance
company has paid claims arising from the incident prior to payment of a
claim under these regulations.
(d) If the claimant elects to appeal the determination of the
authorized officer under 419.5 of these regulations or elects to
institute an action on the claim against the United States in a court of
competent jurisdiction, the claimant may elect to accept payment of 50
percent of the amount determined by the authorized officer or the Office
of Hearings and Appeals. The acceptance of such payment shall not
constitute a release of the United States, its agents and employees
under these regulations. If the claimant files a timely appeal under
419.5 of these regulations or institutes an action on the claim against
the United States in a court of competent jurisdiction after receiving
payment under this paragraph, the remaining 50 percent of the amount
determined by the authorized officer, or whatever amount is determined
by the Office of Hearings and Appeals or the court will be paid to the
claimant under 419.6 upon final decision of the Office of Hearings and
Appeals or upon final judicial decision. If the Office of Hearings and
Appeals or the court decides that an amount less than 50 percent of the
amount initially determined by the authorized officer and paid to the
claimant under this provision is due, the claimant must promptly repay
or refund to the Treasury the amount by which the payment made to the
claimant exceeds the amount found by the Office of Hearings and Appeals
or the court to have been due. If the claimant fails to file a timely
appeal under 419.5 or fails to file a timely action against the United
States after receiving payment under this paragraph or, after filing a
timely appeal or action withdraws the appeal or action or fails to
prosecute the appeal or action for any reason, the authorized officer
will send the claimant a payment voucher under 419.6 for the remaining
50 percent of the amount determined by the authorized officer. The
claimant must execute and return the payment voucher within 45 days or
no payment will be made for the remaining 50 percent of the amount
determined by the authorized officer and the claimant shall be
considered to have waived any claim to further payment under these
regulations as to the claim determined by the authorized officer for
which the claimant elected to accept payment of 50 percent of the amount
determined. Acceptance of payment for the final 50 percent of the
amount determined by the authorized officer or for the amount decided
upon by the Office of Hearings and Appeals or the court shall release
the United States, its agents and employees from all possible liability
for damages caused by the incident to the extent provided under
paragraphs (a) and (b) of this section, whichever is applicable.
43 CFR 419.8 Limitation of relief to avoid duplication of benefits.
43 CFR 419.8-1 Insurance or other non-Federal sources.
No payment shall be made under these regulations to the extent they
are paid or are payable from any other source, including, but not
limited to the claimant's insurance policies. If the investigative
report indicates that the claimant may be entitled to payment from
another source, the authorized officer shall not issue a payment voucher
unless and until the claimant has provided written proof that the
insurer or such other source has denied the claim, and the claimant
assigns to the United States any rights of action he has or may have
against any other third party including an insurer. If the authorized
officer later determines that (a) A claimant has received payment under
these regulations and from insurance or other sources, and, (b) that the
amount received from all sources exceeded the amount of the loss, the
authorized officer shall direct the claimant to refund or repay to the
Treasury an amount not to exceed the payment received and sufficient to
reimburse the Federal Government for that part of the payment the
authorized officer deems excessive.
43 CFR 419.8-2 Duplication of Federal benefits.
(a) The authorized officer shall assure, in cooperation with the
Federal Coordinating Officer of the Federal Disaster Assistance
Administration; that no claimant shall receive payment on a claim under
these regulations with respect to any part of a loss as to which the
claimant has received Federal financial assistance which is not
repayable under any other Federal Government program.
(b) If the authorized officer later determines that (1) A claimant
has received Federal financial assistance under these regulations and
from another Federal agency and (2) that the amount received from all
Federal agencies exceeded the amount of determined loss the authorized
officer shall direct the claimant to refund or repay the Treasury an
amount, not to exceed the payment received, sufficient to reimburse the
Federal Government for the part of the assistance the authorized officer
deems excessive.
43 CFR 419.9 Limitation of damages.
(a) General. Claims shall be paid only for damages directly
resulting from the incident and which occurred within the major disaster
area. No claims shall be paid for punitive damages. The burden of
proof on all claims shall be on the claimant.
(b) Death. Claims based on death shall be paid only if the death was
directly caused by the incident, including, but not limited to, drowning
or injuries caused by floodwaters. The measure of damages in the case
of death shall be the actual pecuniary loss, as defined in 419.0-5 of
these regulations, suffered by the decedent's heirs.
(c) Personal injury. Claims based on personal injury shall be paid
only if the injuries claimed were directly caused by the incident such
as injuries caused by floodwaters. The measure of damages in the case
of a personal injury shall be actual pecuniary loss as defined in
419.0-5 of these regulations.
(d) Property damage. Claims based on property damage shall be paid
only if the damage claimed was directly caused by the incident, such as,
but not limited to, floodwaters or Federal agency activities undertaken
as a part of disaster relief activities. No claims shall be paid in
excess of whichever of the following constitutes equitable compensation
for loss as determined by the authorized officer: (1) The replacement
cost of the property, (2) the cost of repairing the property to its
condition prior to June 5, 1976, or (3) the amount determined necessary
to replace or repair the property under the rules of the Federal agency
which has made a disaster loan for such damage.
(e) Loss of income. Claims for loss of income whether resulting from
personal injury, property damage or death will be paid to the extent
such damages would be determined under the laws of the State of Idaho.
(f) Interest. No interest shall be paid any claimant based on any
payments authorized or made under these regulations.
43 CFR 419.10 Time limit for filing claim.
Claims under these regulations shall be forever barred unless
properly filed in accordance with 419.1-0 of these regulations not
later than two years after the effective date hereof.
43 CFR 419.11 Election of remedies.
(a) Withdrawal. A pending Appropriations Act claim may be withdrawn
from consideration by the claimant prior to final agency action upon 15
days written notice to the authorized officer. Any claim withdrawn
prior to final agency action shall be deemed abandoned and no payment
shall be made on the claim.
(b) Judicial action. A claimant may institute a suit with respect to
claimed damages, or any part thereof, against the United States in any
court of competent jurisdiction only after withdrawal of the claim or
after final agency action. If such a suit is instituted, there shall be
no further consideration or proceedings on the claim under this Act.
43 CFR 419.12 Publication.
In order to assure that information concerning the rights of
claimants and procedures to be followed reach all prospective claimants,
these regulations shall be published at least once a week for 4
consecutive weeks in newspapers with general circulation in the State of
Idaho. In addition, brochures and pamphlets explaining rights of
claimants and procedures to be followed will be distributed in the major
disaster area. Copies of these regulations shall be available at the
Idaho Falls and Rexburg offices of the Bureau.
(43 FR 11821, Mar. 22, 1978)
43 CFR 419.13 Severability.
If any provision(s) of these regulations or the application thereof
to any person or circumstances is subsequently held invalid by a court
of law, the invalidity shall not affect other provisions or applications
of the regulations which can be given effect without the invalid
provision(s) or application, and for this purpose the provisions of
these regulations are severable.
43 CFR 419.13 Pt. 420
43 CFR 419.13 PART 420 -- OFF-ROAD VEHICLE USE
Sec.
420.1 Objectives.
420.2 General closure.
420.3 Adjacent lands.
420.4 Enforcement.
420.5 Definitions.
43 CFR 419.13 Subpart A -- Operating Criteria
420.11 Requirements -- vehicles.
420.12 Requirements -- operators.
43 CFR 419.13 Subpart B -- Designated Areas and Permitted Events
420.21 Procedure for designating areas for off-road vehicle use.
420.22 Criteria for off-road vehicle areas.
420.23 Public notice and information.
420.24 Permits for organized events.
420.25 Reclamation lands administered by other agencies.
Authority: 32 Stat. 388 (43 U.S.C. 391 et seq.) and acts amendatory
thereof and supplementary thereto; EO 11644 (37 FR 2877).
Source: 39 FR 26893, July 24, 1974, unless otherwise noted.
43 CFR 420.1 Objectives.
The provisions of this part establish regulations for off-road
vehicle use on reclamation lands to protect the land resources, to
promote the safety of all users, to minimize conflicts among the various
uses, and to ensure that any permitted use will not result in
significant adverse environmental impact or cause irreversible damage to
existing ecological balances.
43 CFR 420.2 General closure.
Reclamation lands are closed to off- road vehicle use, except for an
area or trail specifically opened to use of off- road vehicles in
accordance with 420.21.
43 CFR 420.3 Adjacent lands.
When administratively feasible, the regulation of off-road vehicle
use on Reclamation lands will be compatible with such use as permitted
by recreation-managing agencies on adjacent lands (both public and
private).
43 CFR 420.4 Enforcement.
The provisions of this part will be enforced to the extent of Bureau
authority, including entering into cooperative agreements with Federal,
State, county, or local law enforcement officials.
43 CFR 420.5 Definitions.
As used in this part, the term:
(a) Off-road vehicle means any motorized vehicle (including the
standard automobile) designed for or capable of cross-country travel on
or immediately over land, water, sand, snow, ice, marsh, swampland, or
natural terrain. The term excludes: (1) Nonamphibious registered
motorboats; (2) military, fire, emergency, or law enforcement vehicles
when used for emergency purpose; (3) self-propelled lawnmowers,
snowblowers, garden or lawn tractors, and golf carts while being used
for their designed purpose; (4) agricultural, timbering, construction,
exploratory, and development equipment and vehicles while being used
exclusively as authorized by permit, lease, license, agreement, or
contract with the Bureau; (5) any combat or combat support vehicle when
used in times of national defense emergencies; and (6) ''official use''
vehicles.
(b) Bureau means the Bureau of Reclamation.
(c) Reclamation lands mean all lands under the custody and control of
the Commissioner, Bureau of Reclamation.
(d) Off-road vehicle area means a portion or all of a specifically
designated parcel of Reclamation lands opened to off-road vehicle use in
accordance with the procedure in section 420.21.
(e) Off-road vehicle trail means a specifically delineated path or
way varying in width which is designated to be used by and maintained
for hikers, horsemen, snow travelers, bicyclists and for motorized
vehicles.
(f) Official use means use of a vehicle by an employee, agent, or
designated representative of the Federal Government who, with special
permission from the Bureau of Reclamation, uses a vehicle for an
officially authorized purpose.
(g) Organized Event means a structured, or consolidated, or scheduled
meeting involving 15 or more vehicles for the purpose of recreational
use of Reclamation lands involving the use of off-road vehicles. The
term does not include family groups participating in informal
recreational activities.
(39 FR 26893, July 24, 1974, as amended at 44 FR 34909, June 15,
1979)
43 CFR 420.5 Subpart A -- Operating Criteria
43 CFR 420.11 Requirements -- vehicles.
Each off-road vehicle that is operated on Reclamation lands shall
meet the following requirements:
(a) It shall conform to applicable State laws and vehicle
registration requirements.
(b) It shall be equipped with a proper muffler and spark arrestor in
good working order and in constant operation. The spark arrestor must
conform to Forest Service Spark Arrestor Standard 5100-1a, and there
shall be no muffler cutout, bypass, or similar device.
(c) It shall have adequate brakes and, for operation from dusk to
dawn, working headlights and taillights.
43 CFR 420.12 Requirements -- operators.
(a) In addition to the regulation of part 420, operators shall comply
with any applicable State laws pertaining to off-road vehicles; if
State laws are lacking or less stringent than the regulations
established in this part, then the regulations in part 420 are minimum
standards and are controlling.
(b) Each operator of an off-road vehicle operated on Reclamation
lands shall possess a valid motor vehicle operator's permit or license;
or, if no permit or license is held, he/she shall be accompanied by or
under the immediate supervision of a person holding a valid permit or
license.
(c) During the operation of snowmobiles, trail bikes, and any other
off road vehicle the operator shall wear safety equipment, generally
accepted or prescribed by applicable State law or local ordinance for
use of the particular activity in which he/she is participating.
(d) No person may operate an off-road vehicle:
(1) In a reckless, careless or negligent manner;
(2) In excess of established speed limits;
(3) While under the influence of alcohol or drugs;
(4) In a manner likely to cause irreparable damage or disturbance of
the land, wildlife, vegetative resources, or archeological and historic
values of resources; or
(5) In a manner likely to become an unreasonable nuisance to other
users of Reclamation or adjacent lands.
43 CFR 420.12 Subpart B -- Designated Areas and Permitted Events
43 CFR 420.21 Procedure for designating areas for off-road vehicle use
The Regional Director shall, to the extent practicable, hold public
hearings to obtain interested user groups, local populace, and affected
Federal, State, and county agencies' opinions for opening or closing an
area or trail in a manner that provides an opportunity for the public to
express themselves and have their views taken into account. The
Regional Director may act independently if he/she deems emergency action
to open or close or restrict areas and trails is necessary to attain the
objectives of the regulations of this part.
(a) Regional Directors shall designate and publicize those areas and
trails which are open to off-road vehicle use in accordance with
420.23.
(b) Before any area or trail is opened to off-road vehicle use, the
Regional Director will establish specific regulations which are
consistent with the criteria in these regulations.
(c) The Regional Director will inspect designated areas and trails
periodically to determine conditions resulting from off-road vehicle
use. If he determines that the use of off-road vehicles will cause or
is causing considerable adverse effects on the soil, vegetation,
wildlife, wildlife habitat, or cultural or historic resources of
particular areas or trails of the public lands, he shall immediately
close such areas or trails to the type of off-road vehicle causing such
effects. No area or trail shall be reopened until the Regional Director
determines that adverse effects have been eliminated and that measures
have been implemented to prevent future recurrence. The public shall be
notified of restrictions or closure in accordance with 420.23.
(39 FR 26893, July 24, 1974, as amended at 44 FR 34909, June 15,
1979)
43 CFR 420.22 Criteria for off-road vehicle areas.
(a) Areas and trails to be opened to off-road vehicle use shall be
located:
(1) To minimize the potential hazards to public health and safety,
other than the normal risks involved in off-road vehicle use.
(2) To minimize damage to soil watershed, vegetation, or other
resources of the public lands.
(3) To minimize harassment of wildlife or significant disruption of
wildlife habitats.
(4) To minimize conflicts between off-road vehicle use and other
existing or proposed recreational uses of the same or neighboring public
lands, and to ensure compatibility of uses with existing conditions in
populated areas, taking into account noise and other factors.
(5) In furtherance of the purposes and policy of the National
Environmental Policy Act of 1969 (Pub. L. 91-190, 83 Stat. 852).
(b) Areas and trails shall not be located in areas possessing unique
natural, wildlife, historic, cultural, archeological, or recreational
values unless the Commissioner determines that these unique values will
not be adversely affected.
43 CFR 420.23 Public notice and information.
Areas and trails may be marked with appropriate signs to permit,
control or prohibit off-road vehicle use on Reclamation lands. All
notices concerning the regulation of off-road vehicles shall be posted
in a manner that will reasonably bring them to the attention of the
public. A copy of any notice shall be made available to the public in
the regional office and field offices where appropriate. Such notice,
and the reasons therefore, shall be published in the Federal Register
together with such other forms of public notice or news release as may
be appropriate and necessary to adequately describe the conditions of
use and the time periods when the areas involved in an action under
these regulations are to be (a) opened to off-road vehicle use, (b)
restricted to certain types of off-road vehicle use and (c) closed to
off-road vehicle use.
43 CFR 420.24 Permits for organized events.
Regional Directors may issue permits for the operation of off-road
vehicles in organized races, rallies, meets, endurance contests, and
other events on areas designed for each event. The application for such
an event shall:
(a) Be received by the Regional Director at least 60 days before the
event;
(b) Provide a plan for restoration and rehabilitation of trails and
areas used, and demonstrate that the prospective permittee can be bonded
for or deposit the amount that may be required to cover the cost;
(c) Demonstrate that special precautions will be taken to:
(1) Protect the health, safety, and welfare of the public; and
(2) Minimize damage to the land and related resources.
(d) Application fees (in amounts to be determined) as authorized by
section 2 of the Land and Water Conservation Fund Act of 1965 (78 Stat.
897), as amended, shall accompany all applications.
43 CFR 420.25 Reclamation lands administered by other agencies.
(a) Off-road vehicle use will be administered in accordance with
Executive Order 11644, by those Federal and non-Federal agencies which
have assumed responsibility for management of Reclamation lands for
recreation purposes.
Specifically:
(1) Reclamation lands managed by the National Park Service, the
Bureau of Sport Fisheries and Wildlife, the Bureau of Land Management,
the Forest Service, and other Federal agencies will be administered in
accordance with regulations of those agencies.
(2) Reclamation lands managed by non-Federal entities will be
administered in a manner consistent with both part 420 and applicable
non-Federal laws and regulations.
(b) Public lands withdrawn, but not yet utilized for Reclamation
purposes, will be administered by the Forest Service or by the Bureau of
Land Management in accordance with regulations of those agencies, but
consistent with Reclamation requirements for retaining the land.
43 CFR 420.25 PART 421 -- RULES OF CONDUCT AT HOOVER DAM
Sec.
421.1 Applicability.
421.2 Preservation of property.
421.3 Conformity with signs and emergency directions.
421.4 Disturbances.
421.5 Vehicular and pedestrian traffic.
421.6 Gambling.
421.7 Alcoholic beverages and narcotics.
421.8 Soliciting, vending, advertising, and distribution of
handbills.
421.9 Photography and motion pictures.
421.10 Weapons and explosives.
421.11 Audio devices.
421.12 Abandoned and unattended property.
421.13 Closing of areas.
421.14 Nondiscrimination.
421.15 Penalties and other laws.
Authority: 62 Stat. 281, as amended (40 U.S.C. 318; 63 Stat. 377,
as amended; 38 FR 23838 and 38 FR 27945).
Source: 39 FR 4755, Feb. 7, 1974, unless otherwise noted.
43 CFR 421.1 Applicability.
These rules and regulations apply to Hoover Dam and all structures,
buildings, and grounds appurtenant thereto which are situated on lands
over which the United States has concurrent legislative jurisdiction,
and to all persons entering in or on such property.
43 CFR 421.2 Preservation of property.
The following are prohibited: The improper disposal of rubbish; the
creation of any hazard to persons or things; the throwing of articles
of any kind from the roadway, walks, or guardrails across the top of the
dam, from the parking areas or visitor observation points, or from any
other structure or building; the climbing upon the guardrails of the
dam or upon the roof or any part of any building or structure; and the
willful destruction, damage, or removal of property or any part thereof.
43 CFR 421.3 Conformity with signs and emergency directions.
Official signs of a prohibitory or directory nature and the
directions of uniformed police officers shall be complied with.
43 CFR 421.4 Disturbances.
The following conduct is prohibited: That which is disorderly;
which creates loud and unusual noise; which obstructs the usual use of
roadways, parking lots, observation points, entrances, foyers,
corridors, walkways, elevators, stairways, offices, and other work
areas; which otherwise tends to impede or disturb the general public in
viewing the property or obtaining the services available thereon; or
which tends to impede or disturb public or contractor employees in the
performance of their duties.
43 CFR 421.5 Vehicular and pedestrian traffic.
(a) Vehicle operators shall drive in a careful and safe manner at all
times and shall comply with the signals and directions of uniformed
police officers and all posted traffic signs.
(b) Vehicles shall not block entrances, driveways, walks, loading
platforms, or fire hydrants.
(c) Vehicles shall not be parked in unauthorized locations, in
locations reserved for specific uses, continuously in excess of 25 hours
without permission, or contrary to the direction of posted signs (see 43
CFR 421.12), or contrary to the direction of uniformed police officers.
(d) Pedestrians shall use the walkways on the dam and designated
crosswalks, and shall not walk in the vehicle lanes.
This paragraph may be supplemented from time to time by the issuance
and posting of specific traffic directives as may be required and when
so issued and posted such directives shall have the same force and
effect as if made a part hereof.
43 CFR 421.6 Gambling.
Participating in games for money or other personal property, the
operation of gambling devices, the conduct of lottery or pool, and the
selling or purchasing of numbers tickets are prohibited.
43 CFR 421.7 Alcoholic beverages and narcotics.
Operating a motor vehicle on property by a person under influence of
alcoholic beverages, narcotic drugs, hallucinogens, marijuana,
barbiturates, or amphetamines is prohibited. Entering property under
the influence of any narcotic drug, hallucinogen, marijuana,
barbiturate, amphetamine, or alcoholic beverage is prohibited (unless
prescribed by a physician). The use or possession of any narcotic drug,
hallucinogen, marijuana, barbiturate, amphetamine, or alcoholic beverage
on property is prohibited (unless prescribed by a physician).
43 CFR 421.8 Soliciting, vending, advertising, and distribution of
handbills.
All soliciting, vending, or advertising is prohibited. The
distribution of material such as handbills, pamphlets, and flyers is
prohibited. This rule does not apply to national or local drives for
funds for welfare, health and other purposes sponsored or approved by
the Bureau of Reclamation.
43 CFR 421.9 Photography and motion pictures.
Photographs may be taken in or from any area open to the public. Use
of photographic equipment in any manner or from any position which may
create a hazard to persons or property is prohibited. Written
permission by the Bureau of Reclamation is required for the filming of
any professional or commercial motion or sound pictures except by bona
fide newsreel and news television photographers and soundmen. Cameras
and other equipment carried on guided tours within the dam and
powerplant are subject to inspection.
43 CFR 421.10 Weapons and explosives.
The carrying of firearms, other dangerous or deadly weapons, or
explosives, either openly or concealed, except for official purposes, is
prohibited.
43 CFR 421.11 Audio devices.
The operation or use of a public address system is prohibited, except
when specifically authorized by the Bureau of Reclamation.
43 CFR 421.12 Abandoned and unattended property.
(a) Abandonment of any vehicle or other personal property is
prohibited, and such property may be impounded by the Bureau of
Reclamation.
(b) Leaving any vehicle or other personal property unattended for
longer than 25 hours, without prior permission of the Bureau of
Reclamation, is prohibited and such property may be impounded by the
Bureau of Reclamation. In the event unattended property interferes with
the safe and orderly management of the Hoover Dam facilities, it may be
impounded by the Bureau of Reclamation at any time.
43 CFR 421.13 Closing of areas.
The Project Manager may establish a reasonable schedule of visiting
hours for all or portions of the area. He may close or restrict the
public use of all or any portion of the property when necessary for
protection of the property or the safety and welfare of persons. All
persons shall obey signs designating closed areas and visiting hours.
43 CFR 421.14 Nondiscrimination.
There shall be no discrimination by segregation or otherwise against
any persons because of race, color, religion, sex, or national origin in
furnishing or refusing to furnish the use of any facility of a public
nature, including all services, privileges, accommodations, and
activities provided.
43 CFR 421.15 Penalties and other laws.
Whoever shall be found guilty of violating these rules and
regulations while on property over which the United States exercises
exclusive or concurrent legislative jurisdiction, is subject to fine of
not to exceed $50 or imprisonment of not more than 30 days, or both (see
40 U.S.C. 318c). Nothing contained in these rules and regulations shall
be construed to abrogate any other Federal laws or regulations, or any
State or local laws and regulations, applicable to any area in which
property is situated.
43 CFR 421.15 Pt. 423
43 CFR 421.15 PART 423 -- EMERGENCY DROUGHT ACT POLICIES, PROCEDURES,
AND AUTHORIZATIONS
Sec.
423.1 General.
423.2 Information collection.
423.3 Definitions.
423.4 Initiation of the program.
423.5 Reclamation programs.
423.6 Transfers of water between willing buyers and willing sellers.
423.7 Availability of water and the use of project conveyance
facilities on a temporary basis.
423.8 Emergency loan program.
423.9 Fish and wildlife mitigation.
Authority: 43 U.S.C. 502 Note.
Source: 54 FR 14229, Apr. 10, 1989 (interim), unless otherwise
noted.
43 CFR 423.1 General.
Part 423 prescribes the policies, procedures, and authority of the
Bureau of Reclamation to mitigate losses and damages resulting from the
drought conditions in 1987, 1988, and 1989 by:
(a) Performing studies and submitting reports to the President and
Congress;
(b) Undertaking construction, management, and conservation
activities;
(c) Assisting willing buyers in their purchase of available water
supplies from willing sellers;
(d) Making water or canal capacity at existing Federal reclamation
projects available to water users and others on a temporary basis; and
(e) Making loans to water users for undertaking management,
conservation, activities, the acquisition and transportation of water,
or the added cost of pumping water due to the drought conditions of
1987, 1988, 1989.
43 CFR 423.2 Information collection.
(a) The information collection requirements contained in 423.6,
423.7, 423.8, and 423.9 have been approved by the Office of Management
and Budget under 44 U.S.C. 3501 et seq. and assigned clearance number
1006-0010. The information listed in the following sections is being
collected for the reasons stated: Section 423.6 is being collected to
assist willing sellers and buyers in the redistribution of water
supplies to minimize losses and damages resulting from the drought, and
will be used to facilitate such exchanges; 423.7 is being collected to
identify the potential users, uses of the Federal water or facilities,
and financial feasibility of the applicants, and will be used to develop
individual temporary contracts; 423.8 is being collected to identify
the potential borrowers, uses of the loan, and relevant financial data,
and will be used to develop individual loan repayment contracts; 423.9
is being collected to identify the potential resources to be protected
or mitigated, and the need for the water, and will be used to evaluate
the potential to prevent or mitigate damages to fish and wildlife
resources caused by the drought. Response to this request is required
to obtain a benefit in accordance with section 411 of Public Law
100-387.
(b) Public reporting burden is estimated to average 3 hours per
response, including the time for reviewing instructions, gathering and
maintaining data, and responding to the questions in the rule. Refer
questions or inquiries regarding the burden estimate or any other aspect
of this requirement to Ms. Carolyn G. Hipps, Branch of Publications
and Records Management, Bureau of Reclamation, P.O. Box 25007, Denver,
Colorado 80225, and the Office of Management and Budget, Paperwork
Reduction Project 1006-0010, Washington, DC 20503.
43 CFR 423.3 Definitions.
(a) Contracting Entity -- An organization or individual determined by
the Commissioner of Reclamation to be an acceptable contractor.
(b) Commissioner -- The Commissioner of the Bureau of Reclamation.
(c) Regional Director -- The director of one of the five geographical
divisions of the Bureau of Reclamation.
(d) Drought -- Water shortage drought conditions in the 17
Reclamation States during 1987, 1988, or 1989 in areas eligible for
disaster assistance under these rules.
(e) Reclamation -- Bureau of Reclamation.
(f) Secretary or Contracting Officer -- The Secretary of the United
States Department of the Interior, or the duly authorized
representative.
(g) Solicitor -- Field or Regional Solicitor of the Department of the
Interior.
(h) The Act -- The Disaster Assistance Act of 1988, Public Law
100-387, 102 Stat. 924, August 11, 1988.
43 CFR 423.4 Initiation of the program.
(a) Reclamation may initiate the drought relief activities described
herein in the 17 Reclamation States only after:
(1) An area has been declared, by the Governor of the State, to be in
a state of drought emergency; and
(2) The area has been declared eligible for Federal disaster relief
under applicable rules and regulations promulgated by the Department of
Agriculture.
(b) Reclamation shall not expend funds pursuant to the Act until such
funds are appropriated or reprogrammed.
43 CFR 423.5 Reclamation programs.
(a) Authority and purpose. The Act authorizes the Secretary to
undertake construction, manage water supplies, and facilitate
conservation activities which mitigate, or are expected to mitigate,
losses and damages resulting from the drought. The purpose of such
activities is to augment, utilize, or conserve water supplies in areas
which have been declared eligible pursuant to 423.4(a).
(b) Proposals. (1) Each Regional Office of Reclamation will identify
eligible mitigation actions for drought areas under its jurisdiction.
(2) Federal, state, and local entities may prepare proposals for
drought mitigation actions for drought areas. Proposals will be
submitted to the regional office having jurisdiction for the affected
area.
(c) Evaluation and selection. Each Regional Director will establish
a method for processing and evaluating all proposals considered under
this rule and will select proposed actions for implementation.
(d) Reimbursement. Funds expended pursuant to section 412(1)(b) of
the Act shall be reimbursable or nonreimbursable in accordance with
similar activities under current Reclamation law and policy.
(e) Termination. Activities under this rule will terminate on or be
completed by December 31, 1989.
43 CFR 423.6 Transfers of water between willing buyers and willing
sellers.
(a) The Secretary is authorized, under section 412(2) of the Act, to
assist willing sellers and willing buyers in the redistribution of water
supplies to minimize losses and damages resulting from the drought. To
facilitate such a water exchange program, Reclamation Regional Directors
will compile and maintain a list of buyers and sellers.
(b) Interested buyers and sellers are encouraged to submit the
following information to the appropriate Regional Director, as presented
in 423.7(b)(1).
(1) Sellers: (i) The amount of water available for sale, proposed
sale price, timing of its availability, and source of supply.
(ii) Legal information relating to seller's right to the water, and
the normal purpose or use of the supply.
(2) Buyers: (i) Amount and timing of water requested.
(ii) Proposed purchase price.
(iii) Expected use of the water supply.
(iv) Location of use.
(c) Each Regional Director will review the proposals submitted by the
willing sellers and buyers to match potential exchanges. Where
available supplies equal or exceed requests from buyers and no other
apparent conflicts exist, buyers and sellers will be brought together to
negotiate an exchange agreement, consistent with State law.
(d) If requests from buyers exceed the water available from willing
sellers, priorities will be established. In those instances where State
law establishes priorities, such priorities will be followed in
allocating the water. Where State law is silent in setting priorities,
the Regional Director will consult with State and local water resources
agencies to establish allocation priorities.
43 CFR 423.7 Availability of water and the use of project conveyance
facilities on a temporary basis.
(a) General Authority. Under general authority pursuant to the Act,
the Secretary may contract to make water or conveyance capacity
available, on a temporary basis, to mitigate losses and damages from the
drought, provided such contracts are consistent with existing contracts,
State law, and interstate compacts governing the use of such water.
(b) Application Process. The procedure for application for water or
conveyance capacity pursuant to section 413 of the Act is as follows:
(1) The contracting entity shall submit an application to the
appropriate Regional Director of the Bureau of Reclamation (address
shown below).
Regional Director, Pacific Northwest Region, Bureau of Reclamation,
Federal Building, U.S. Court House, Box 043, 550 West Fort Street,
Boise, ID 83724
Regional Director, Upper Colorado Region, Bureau of Reclamation, PO
Box 11568, Salt Lake City, UT 84147
Regional Director, Mid-Pacific Region, Bureau of Reclamation, Federal
Office Building, 2800 Cottage Way, Sacramento, CA 95825
Regional Director, Great Plains Region, Bureau of Reclamation, PO Box
36900, Billings, MT 59107-6900
Regional Director, Lower Colorado Region, Bureau of Reclamation, PO
Box 427, Boulder City, NV 89005
(2) The application for a water supply or conveyance capacity will be
reviewed on a first-come-first-served basis and approval will be based
on need as determined and in accordance with priorities established by
the Secretary. The application shall include the following information:
(i) Identification of contracting entity with name, address,
telephone number, and title of the appropriate officials.
(ii) Identification of water conservation plans, quantities of water
involved, perennial crops or crops for foundation livestock uses, and
other relevant data on water uses and expected results.
(iii) Relevant financial data, records, or statements, which
demonstrate or support that payment for the water or conveyance capacity
is financially feasible.
(c) Contracts. Contracts for the temporary use of water and
conveyance capacity pursuant to this Act shall be consistent with
subsection 9(c)(2) or 9(e) of the Reclamation Project Act of 1939 (53
Stat. 1187) unless the Act authorizes provisions different from those in
subsection 9(c)(2) or 9(e). Any contract executed under this paragraph
shall provide that:
(1) Water supply or conveyance contracts executed pursuant to this
Act shall terminate no later than December 31, 1989.
(2) Land currently irrigated by nonproject water supplies may receive
supplies made available pursuant to this Act.
(3) Lands not now subject to reclamation law that receive temporary
water supplies pursuant to this Act shall not become subject to the
ownership limitations of Federal reclamation law because of such
temporary water supplies.
(4) Lands that are subject to the ownership limitations of
Reclamation law shall not be exempted from those limitations because of
the delivery of such temporary water supplies.
(5) The price for the use of such water shall be at least sufficient
to recover all Federal operation and maintenance costs, and a
proportionate share of capital costs. In addition, the price of water
used shall be full cost in the following cases:
(i) Where water is delivered to a landholding of 960 acres of class I
lands or the equivalent belonging to a qualified recipient (as defined
by 43 U.S.C. 390 bb), the water shall be full cost for those acres in
excess of 960.
(ii) Where water is delivered to a landholding of 320 acres of class
I lands or the equivalent belonging to a limited recipient (as defined
by 43 U.S.C. 390 bb), the water shall be full cost for those acres in
excess of 320.
(6) Contracting entities shall be responsible for identifying all
individuals who will use agricultural water obtained pursuant to section
413 of the Act and the extent of their respective landholdings for the
purpose of determining the rate to be charged for such water.
(7) The Secretary shall include such other terms and conditions as
deemed appropriate.
43 CFR 423.8 Emergency loan program.
(a) Purpose. Any contracting entity located in a designated drought
area may be eligible to obtain loans for the purposes of improving water
management, instituting water conservation activities, and acquiring and
transporting water. Loans may also be obtained to finance
drought-induced increases in pumping costs.
(b) Application process. The procedure for application for drought
assistance loans is as follows: The applicant shall submit an
application to the appropriate Regional Director of the Bureau of
Reclamation, as presented in 423.7(b)(1). The application for a loan
shall include appropriate information as follows:
(1) Identification of contracting entity with name, address,
telephone number, and title of the appropriate official.
(2) A description of the expected use of the loan funds, including,
if applicable, water conservation plans, quantities of water involved,
perennial crops or crops for foundation livestock uses that have been
affected by the drought, water purchase and sales price criteria, and
other relevant data on water uses and expected results.
(3) Relevant financial data, records, or statements, which
demonstrate or support the need for financial assistance and demonstrate
that repayment of the loan is financially feasible.
(4) A statement or resolution setting forth a commitment to repay the
loan covered by the application.
(5) Evidence of compliance with applicable state water and
entitlement laws.
(6) Other drought related financial assistance that may have been
applied for or received.
(c) Loans. (1) Federal financial assistance for the purposes defined
in 423.8(a) will be handled through loans with the contracting entity
which must be repaid over a period of not less than 5 years, but no more
than 10 years beginning not later than the first year following the next
year of adequate water supply, as determined by the Secretary. Loans
for non-agricultural purposes shall be repaid with interest at the rate
determined pursuant to the Water Supply Act of 1958. Loans for
agricultural purposes shall be interest free.
(2) Contracts for repayment of any loan will be developed separately
from any existing repayment or water service contract between the United
States and a contracting entity. The contract will include the terms
and conditions for repayment specified above and will be approved by the
appropriate Regional Director in behalf of the Secretary following
review and certification of the contract's legal sufficiency by the
Solicitor. Section 203(a) of the Reclamation Reform Act of 1982 (Pub.
L. 97-293; 43 U.S.C. 390CC) shall not apply to any contract for such a
loan.
(3) Activities undertaken by contracting entities pursuant to these
rules shall be completed not later than December 31, 1989.
(4) Terms and Conditions for Disbursement of Funds.
(i) Emergency loan requests will be reviewed on a
first-come-first-served basis and disbursement will be made based on
need as determined by the Secretary.
(ii) The contracting entity must be deemed eligible by the United
States.
(iii) The Secretary may disburse the estimated loan amount upon
execution of a repayment contract, in accordance with the terms and
conditions set forth in these rules.
(iv) Interest, where applicable, shall accrue beginning with the
first disbursement of funds.
(v) Except as provided herein, standard Reclamation contract terms
and conditions will apply.
43 CFR 423.9 Fish and wildlife mitigation.
(a) The Secretary may make water from a Reclamation project,
purchased or otherwise acquired, available to prevent or mitigate damage
to fish and wildlife resources caused by the drought in areas designated
eligible pursuant to 423.3.
(b) The application for water pursuant to this section shall include
appropriate information as follows:
(1) Identification of the appropriate State, Federal, local or
private entity representing the fish and wildlife resources, including
name, address, telephone number, and title of the contact official.
(2) Identification of the resource to be protected or mitigated, the
magnitude of such protection or mitigation, the level and extent of
coordination with State and local officials, the source of the water
proposed to be used, quantities of water involved, justification of the
reasonableness of the proposed action, and any other relevant
information deemed necessary by Reclamation to make a decision
concerning the proposed action.
(c) The applicant shall notify Reclamation of the water needs of fish
and wildlife in areas capable of service from Reclamation facilities.
The need for water must be attributable to the drought.
(d) When Reclamation incurs cost or forgoes revenues in excess of the
funds available pursuant to the Act in order to provide water for fish
and wildlife protection or mitigation, the applicant will be responsible
for identifying the source of necessary funding to implement section
413(c) of the Act.
43 CFR 423.9 PART 424 -- REGULATIONS PERTAINING TO STANDARDS FOR THE PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL POLLUTION OF CONCONULLY LAKE AND CONCONULLY RESERVOIR, OKANOGAN COUNTY, WASH.
43 CFR 424.1 Regulations.
Pursuant to the provisions of Article 34 and 25 of repayment contract
I1r-1534, dated September 20, 1948, between the United States and the
Okanogan Irrigation District, it is ordered as follows:
The Okanogan Irrigation District shall require that all recipients of
cabinsite and recreation resort leases on Federal lands situated on
Conconully Lake (formerly Salmon Lake) and Conconully Reservoir,
Okanogan County, Wash., comply with applicable Federal, state and local
laws, rules and regulations pertaining to water quality standards and
effluent limitations for the discharge of pollutants into said
reservoirs, including county regulations governing subsurface waste
disposal systems.
(The Reclamation Act of June 17, 1902, as amended and supplemented,
Articles 34, and 25 of the Repayment Contract I1r-1534 dated Sept. 20,
1948, between the United States and the Okanagon Irrigation District)
(42 FR 60144, Nov. 25, 1977)
43 CFR 424.1 PART 426 -- RULES AND REGULATIONS FOR PROJECTS GOVERNED BY FEDERAL RECLAMATION LAW
43 CFR 424.1 Pt. 426
Sec.
426.1 Objectives.
426.2 Applicability.
426.3 Authority.
426.4 Definitions.
426.5 Contracts.
426.6 Ownership entitlement.
426.7 Leasing and full-cost pricing.
426.8 Operation and Maintenance (O&M) charges.
426.9 Class 1 equivalency.
426.10 Information requirements.
426.11 Excess land.
426.12 Excess land appraisals.
426.13 Exemptions.
426.14 Residency.
426.15 Religious and charitable organizations.
426.16 Involuntary acquisition of land.
426.17 Land held by governmental agencies.
426.18 Commingling.
426.19 Water conservation.
426.20 Public participation.
426.21 Small reclamation projects.
426.22 Decisions and appeals.
426.23 Interest on underpayments.
426.24 Severability.
Authority: Administrative Procedure Act, 60 Stat. 237, 5 U.S.C.
552; the Reclamation Reform Act of 1982, Pub. L. 97-293, title II, 96
Stat. 1263; as amended by the Omnibus Budget Reconciliation Act of
1987, Pub. L. 100-203; and the Reclamation Act of 1902, as amended and
supplemented 32 Stat. 388, (43 U.S.C. 371 et seq.).
Source: 52 FR 11954, Apr. 13, 1987, unless otherwise noted.
43 CFR 426.1 Objectives.
Reclamation law establishing terms and conditions pursuant to which
project water may be supplied is designed:
(a) To provide viable farm opportunities on land receiving
Reclamation project water.
(b) To distribute widely the benefits from the Reclamation program.
(c) To preclude the accrual of speculative gain in the disposition of
excess land.
(d) To require reimbursement to the Federal Government of the full
cost of providing irrigation water to landholdings which exceed
established limits.
43 CFR 426.2 Applicability.
(a) These regulations shall become effective on May 13, 1987. An
election by a water district or a landowner or a lessee to come under
the discretionary provisions of the Reclamation Reform Act made after
April 12, 1987, but on or before the effective date of these final rules
shall be considered if it were made on April 12, 1987.
(b) These regulations apply to all irrigation land subject to the
acreage limitation and/or full-cost provisions of Reclamation law.
(Included are excess lands, whether under recordable contract or not,
and nonexcess land.)
(c) Sections 426.5 through 426.12 of these regulations apply
variously to all districts subject to the acreage limitation and
full-cost provisions of Reclamation law. The way in which they apply
depends upon whether the district has (1) a contract which was in force
on October 12, 1982, (2) a contract which was amended after October 12,
1982, or (3) a contract which was entered into after October 12, 1982.
Application of these sections will also vary depending upon whether
an individual or entity subject to Reclamation law has made an
irrevocable election to conform to the discretionary provisions of the
Reclamation Reform Act of 1982.
(d) The remainder of these rules, 426.13 through 426.23, may not
apply to all districts, but if they do apply, they apply equally.
(e) In many cases, hypothetical examples illustrating the application
of a specific rule have been provided. This approach is in direct
response to the public's expressed need. The examples provided should
not be construed, however, as being exclusive interpretations of a rule.
They are provided only as an interpretative tool.
43 CFR 426.3 Authority.
These rules and regulations are written under the authority vested in
the Secretary by the Congress in the Administrative Procedure Act, 60
Stat. 237, 5 U.S.C. 552; the Reclamation Reform Act of 1982, Public
Law 97-293, 96 Stat. 1263; and the Reclamation Act of 1902, as amended
and supplemented, 32 Stat. 388 (43 U.S.C. 371, et seq.).
43 CFR 426.4 Definitions.
As used in these rules:
(a) The term arable land means land which, when farmed in adequate
size units for the prevailing climatic and economic setting and provided
with essential on farm improvements, will generate sufficient income
under irrigation to pay farm production expenses; provide a return to
the farm operation, labor, management, and capital; and at least pay
the operation, maintenance, and replacement costs of related project
irrigation and drainage facilities.
(b) The term contract means any repayment or water service contract
between the United States and a district providing for the payment of
construction charges to the United States including normal operation,
maintenance, and replacement costs pursuant to Federal Reclamation law.
All water service and repayment contracts are considered contracts even
if the contract does not specifically identify that portion of the
payment which is to be attributed to operation and maintenance and that
which is to be attributed to construction.
(c) The term contract rate means the repayment or water service rate
that is set forth in a contract that is to be paid by a district to the
United States.
(d) The term dependent means any natural person within the meaning of
the term dependent in the Internal Revenue Code of 1954 (26 U.S.C. 152
as it may from time to time be amended.
(e) The term discretionary provisions of title II or discretionary
provisions refers to sections 203 through 208 of Public Law 97-293.
(f) The term district means any individual or any legal entity
established under State law which has entered into a contract or is
eligible to contract with the Secretary for irrigation water. This
definition includes entities which contract for construction or
improvement of water storage and/or delivery facilities.
(g) The term excess land means irrigable land, other than exempt
land, owned by any landowner in excess of the maximum ownership
entitlement under the applicable provision of Reclamation law.
(h) The term exempt land means irrigation land in a district to which
the acreage limitation and pricing provisions of Reclamation law do not
apply.
(i) The term full cost means an annual rate as determined by the
Secretary that shall amortize the expenditures for construction properly
allocable to irrigation facilities in service, including all operation
and maintenance deficits funded, less payments, over such periods as may
be required under Federal Reclamation law or applicable contract
provisions, with interest on both accruing from October 12, 1982, on
costs outstanding at that date, or from the date incurred in the case of
costs arising subsequent to October 12, 1982. When used in these
regulations, the term ''full-cost rate'' means the full-cost charge plus
actual operation, maintenance, and replacement costs required under
Federal Reclamation law.
(j) The term individual means any natural person, including his or
her spouse, and including other dependents within the meaning of the
Internal Revenue Code of 1954 (26 U.S.C. 152,) as it may from time to
time be amended; provided that, with respect to the ownership
limitations established by prior law, the term individual does not
include his or her spouse or dependents.
(k) The term irrevocable election means the legal instrument which a
landowner or lessee uses to make his or her owned and/or leased
irrigation land subject to the discretionary provisions of Title II.
The election is binding on the elector and the irrigation land in his or
her holding, but will not be binding on a subsequent landholder of that
land.
(l) The term irrigable land means arable land under a specific
project plan for which irrigation water is, can be, or is planned to be
provided, and for which facilities necessary for sustained irrigation
are provided or are planned to be provided. For the purpose of
determining the areas to which acreage limitations are applicable, it is
that acreage possessing permanent irrigated crop production potential,
after excluding areas occupied by and currently used for homesites,
farmstead buildings, and corollary permanent structures such as
feedlots, equipment storage yards, permanent roads, permanent ponds, and
similar facilities, together with roads open for unrestricted use by the
public. Areas used for field roads, farm ditches and drains, tailwater
ponds, temporary equipment storage, and other improvements subject to
change at will by the landowner, are included in the irrigable acreage.
(m) The term irrigation land means all irrigable land receiving
irrigation water and other land receiving irrigation water.
(n) The term irrigation water means water made available for
agricultural purposes from the operation of Reclamation project
facilities pursuant to a contract with the Secretary.
(o) The term landholder means a qualified or limited recipient or a
prior law recipient who owns and/or leases land subject to the acreage
limitation and pricing provisions of Federal Reclamation law.
(p) The term landholding means total acreage of one or more tracts of
land situated in one or more districts owned and/or operated under a
lease which is served with irrigation water pursuant to a contract with
the Secretary. In determining the extent of a landholding, the
Secretary shall add to any landholding held directly by a qualified or
limited recipient that portion of any landholding held indirectly by
such qualified or limited recipient which benefits that qualified or
limited recipient in proportion to that landholding.
(q) The term lease means a contract by which one party (the landlord
or lessor) gives to another (the tenant or lessee):
(1) The use and possession of land (including, in some cases,
associated buildings, machinery, etc.);
(2) For a specified time;
(3) For agreed upon payments (cash or other considerations); and
(4) By which the lessee assumes the economic interest in the
operation and management of the leased land.
(r) The term legal entity means any business or property ownership
arrangement established under State or Federal law, including, but not
limited to, corporations, partnerships, associations, joint tenancies,
and tenancies-in-common.
(s) The term limited recipient means any legal entity established
under State or Federal law benefiting more than 25 natural persons. In
these rules, the term ''limited recipient'' does not include legal
entities which are prior law recipients.
(t) The term nondiscretionary provisions of Title II or
nondiscretionary provisions refers to sections 209 through 230 of Public
Law 97-293. These provisions of the law are of general application and
became effective immediately upon enactment. These provisions apply to
all individuals and districts regardless of whether they are subject to
the discretionary provisions of title II.
(u) The term non-full-cost entitlement means the maximum acreage a
landholder may irrigate with less than full-cost irrigation water.
(v) The term non-full-cost rate means all water rates other than
full-cost rates. Non-full-cost rates are paid for irrigation water made
available to land in a landholder's non-full-cost entitlement.
(w) The term nonresident alien means any natural person who is
neither a citizen nor a resident alien of the United States.
(x) The term nonresident alien entitlement refers to the amount of
land on which a nonresident alien may receive irrigation water. Under
the discretionary provisions, a nonresident alien may only receive
irrigation water on an interest in land held through a legal entity as
defined in 426.4(r) and in no instance may a nonresident alien
entitlement exceed that of an individual as defined in 426.4(j).
(y) The term prior law means the Act of June 17, 1902, and acts
supplementary thereto and amendatory thereto (32 Stat. 388) which were
in effect prior to the enactment of the Reclamation Reform Act of 1982,
Public Law 97-293 (96 Stat. 1263) as that law is amended or supplemented
by the Reclamation Reform Act of 1982 (Pub. L. 97-293).
(z) The term prior law recipient means individuals or entities which
have not become subject to the discretionary provisions.
(aa) The term project means any Reclamation or irrigation project,
including incidental features thereof, authorized by Federal Reclamation
law, or constructed by the United States pursuant to such law, or in
connection with which there is a repayment or water service contract
executed by the United States pursuant to such law, or any project
constructed by the Secretary through the Bureau of Reclamation for the
reclamation of lands.
(bb) The term qualified recipient means an individual who is a
citizen of the United States or a resident alien thereof or any legal
entity established under State or Federal law which benefits 25 natural
persons or less. In these rules, the term ''qualified recipient'' does
not include individuals or legal entities which are prior law
recipients.
(cc) The term Reclamation fund means a special fund established by
the Congress under the Reclamation Act of June 17, 1902, as amended, for
the receipts from the sale of public lands and timber, proceeds from the
Mineral Leasing Act, and certain other revenues. The Congress makes
appropriations from this fund for the investigation, construction,
operation, and administration of Bureau of Reclamation projects.
Collections from water users for reimbursable costs of these projects
are returned to the fund unless Congress has specified otherwise for
specific projects.
(dd) The term recordable contract means a written contract between
the Secretary and a landowner capable of being recorded under State law,
providing for the sale or disposition of land held by that landowner in
excess of the ownership limitations of Federal Reclamation law.
(ee) The term resident alien means any natural person within the
meaning of the term as defined in the Internal Revenue Act of 1954 (26
U.S.C. 7701) as it may from time to time be amended.
(ff) The term Secretary means the Secretary of the Interior or his
designee.
(gg) The term Title II refers to sections 201 through 230 of Public
Law 97-293, without differentiation between the discretionary and
nondiscretionary provisions of that law.
(hh) The term westwide or Reclamation wide mean the 17 Western States
in which Reclamation projects are located, namely: Arizona, California,
Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and
Wyoming.
43 CFR 426.5 Contracts.
(a) In general. Title II of Public Law 97-293 will be applied to
repayment and water service contracts (hereafter contracts) by the
following rules:
(1) Contracts in force on October 12, 1982. Contracts in force on
October 12, 1982, which have not been amended to conform to the
discretionary provisions shall continue in effect, provided however,
that full-cost rates for irrigation water may be applicable, as set
forth in 426.7(c)(3), to certain individuals and entities in these
districts.
(2) New contracts. Contracts executed after October 12, 1982, shall
be subject to all provisions of title II. Districts which have an
existing contract(s) with the United States but enter into a new
contract after October 12, 1982, shall be subject to all provisions of
title II, except as provided in 426.13(a)(3). The execution date of the
new contract determines the date upon which the discretionary provisions
apply to the contract. In these rules, individuals and entities subject
to the provisions of new contracts are termed either ''qualified
recipients'' or ''limited recipients.'' Note: A district's action to
execute a new contract as discussed in this paragraph makes the
discretionary provisions binding on all individuals and legal entities
with landholdings in that district but does not make the discretionary
provisions binding on the members of the legal entity as to their
landholding held outside the legal entity and outside of the district.
Land held by a prior law member of a legal entity is counted toward the
member's 160 acre entitlement.
(3) Amended contracts. (i) Contracts amended for conformance to the
discretionary provisions. Contracts which are amended at the request of
the district to conform with the discretionary provisions of title II
need be amended only to the extent required for conformance with that
title. A district shall be subject to the discretionary provisions from
the date the district's request is submitted to the Secretary. The
district's request to the Secretary must be accompanied by a duly
adopted resolution dated and signed by the governing board of the
district obligating the district to take, in a timely manner, the action
required by applicable State law to amend its contract. In these rules,
individuals and entities subject to the provisions of these contracts
are termed either ''qualified recipients'' or ''limited recipients.''
(ii) Contracts amended to provide additional or supplemental
benefits. All contracts which are amended after October 12, 1982, to
provide a district supplemental or additional benefits, shall be amended
at the same time to conform to the discretionary provisions. The date
that the contract amendment is executed by the Secretary will establish
the date for determining the application of the discretionary
provisions. All contract amendments will be construed as providing
supplemental or additional benefits except those amendments which do not
require the United States to expend significant funds, to commit to
significant additional water supplies, or to substantially modify
contract payments due the United States. More specifically, amendments
to existing contracts providing for the following shall not be
considered to provide additional or supplemental benefits:
(A) The construction of those facilities for conveyance of irrigation
water that were contracted for by the district on or before October 12,
1982;
(B) Minor drainage and construction work contracted for under a
preexisting repayment or water service contract;
(C) O&M (operation and maintenance) amendments, including
Rehabilitation and Betterment loans that are considered loans for
maintenance under 426.13(a)(5).
(D) The deferral of payments, provided the deferral is for a period
of 12 months or less;
(E) A temporary supply of irrigation water as set forth in
426.13(a)(3);
(F) The transfer of water on an annual basis from one district to
another, provided that (1) both districts have contracts with the United
States, (2) the rate paid by the district receiving the transferred
water is the higher of the applicable water rate for either district,
and provided further that the rate paid does not result in any increased
operating losses to the United States above those which would have
existed in the absence of the transfer and the rate paid does not result
in any decrease in capital repayment to the United States below that
which would have existed in the absence of the transfer, and (3) the
recipients of the transferred water pay a rate for the water which is at
least equal to the actual O&M costs or the full-cost rate in those cases
where, for whatever reason, the recipients would have been subject to
such costs had the water not been considered transferred water; and
(G) Other contract amendments which the Secretary determines do not
provide additional or supplemental benefits.
In these rules, individuals and entities subject to the provisions of
contracts amended for the purpose of conforming to the discretionary
provisions or for the receipt of new and supplemental benefits are
termed either ''qualified recipients'' or ''limited recipients.'' Note:
A district's action to amend its contract as discussed in paragraphs
(a)(3) (i) and (ii) of this section makes the discretionary provisions
binding on all individuals and legal entities with landholdings in that
district but does not make the discretionary provisions binding on the
members of the legal entity as to their landholding held outside the
legal entity and outside of the district. Land held by a prior law
member of a legal entity is counted toward the member's 160-acre
entitlement.
(b) Standard article for contract amendments. New contracts executed
after October 12, 1982, or contracts which are amended to conform to the
discretionary provisions of title II shall contain the following
provision:
The parties agree that the delivery of irrigation water or use of
Federal facilities pursuant to this contract is subject to Reclamation
law, as amended and supplemented, including but not limited to the
Reclamation Reform Act of 1982 (Pub. L. 97-293).
(c) Master contract-subcontract arrangements. Where a district is a
party to a contract which permits the district to distribute the
irrigation water made available to the district to other districts
pursuant to subcontracts, the applicable acreage limitation and pricing
provisions of Reclamation law shall apply exclusively to those districts
and landholders who are entitled to receive such irrigation water. In
cases in which the United States is a party to a subcontract which
conforms to prior law, the subcontract may be amended to conform to the
discretionary provisions without affecting the terms of the master
contract or any other subcontracts arising from the master contract and
without subjecting the master contractor or any other subcontractor to
the discretionary provisions. In cases in which the United States is
not a party to a subcontract which conforms to prior law, such
subcontract may not be amended to conform to the discretionary
provisions absent it being further amended to make the United States an
additional party to that subcontract.
(1) The application of this rule may be illustrated by the following:
Example (1). Districts A, B, and C are members of a water
conservancy district which entered into a master contract with the
United States prior to October 12, 1982. The water conservancy district
has allocated all the irrigation water made available to it under the
master contract to Districts A and B, pursuant to pre-October 12, 1982,
subcontracts with the conservancy district to which the United States is
a party. However, the irrigation water is not made available to
District C or any other districts or landholders within the water
conservancy district. Consequently, Districts A and B are subject to
the acreage limitation and pricing provisions of prior law. Districts A
and B may amend their subcontracts to conform to the discretionary
provisions without making it necessary for the conservancy district or
the other subcontracting entity with the conservancy district to so
amend their contract or the subcontract.
Example (2). District XYZ has a pre-October 12, 1982, contract with
the United States for the delivery of irrigation water. The district
also has allocated that irrigation water pursuant to subcontracts with
six subcontracting entities. However, the United States is not a party
to these subcontracts. A subcontractor may choose to come under the
discretionary provisions only if it makes the United States a party to
the subcontract. Such action will not require the prior law master
contractor or the other subcontractors to so amend.
Example (3). District A, a master contracting agency, executes a
water service contract with the United States after October 12, 1982.
The irrigation water is to be delivered to only two of the eight member
agencies within District A. Subcontracts are executed between District
A, the United States, and each of the two member agencies to provide
irrigation water service to the two member agenices. In this instance,
the discretionary provisions become applicable to only the two member
agencies which execute subcontracts with District A and the United
States.
(d) Individual elections to conform to the discretionary provisions
-- (1) Individual election. Landowners or lessees who meet the
requirements for becoming either a qualified or limited recipient, as
set forth in 426.4, may elect to become subject to the discretionary
provisions even if the district has not taken action to become subject
to the discretionary provisions. The individual election is effected by
executing an irrevocable election in a form provided by the Secretary.
The landholder exercising the election shall be considered a qualified
or limited recipient, as appropriate, and all irrigation land in the
recipient's landholding shall be subject to the discretionary
provisions. The election shall be binding on the elector and the
irrigation land in his or her holding but will not be binding on a
subsequent landholder of that land. The irrevocable election by a legal
entity is binding only upon that entity and not on the members of that
entity. Similarly, an irrevocable election by a member of a legal
entity binds only that member making the election and not the entity.
(2) Disposition of irrevocable election forms. The recipient's
original irrevocable election form shall be filed with the Bureau of
Reclamation and shall be accompanied by a completed certification form,
the contents of which are discussed in 426.10. Copies of the
irrevocable election and certification form(s) must be filed
concurrently with each district. The Bureau shall prepare a letter
advising the recipient of the approval or disapproval of the election.
If approved, the letter of approval, with a copy of the irrevocable
election form and the original certification form(s), will be sent to
each district in which the elector owns or leases land. Such forms
shall be retained by the district(s). If disapproved, the landowner and
the district will be advised by letter along with the reasons for
disapproval.
(3) District reliance on election information. The district shall be
entitled to rely on the information contained in the election form
without being required to make an independent investigation of the
information.
(e) Time limits -- (1) District amendments. There are no time limits
on when a district may request its contract be amended to conform to the
discretionary provisions, provided, should a district not amend its
contract to conform to the discretionary provisions by April 12, 1987,
the full-cost rate must be paid by prior law recipients for irrigation
water to land in excess of their non-full-cost entitlement, as set forth
in 426.7(c)(3).
(2) Individual elections. There are also no time limits on when an
individual landowner or lessee may make an irrevocable election.
43 CFR 426.6 Ownership entitlement.
(a) In general. Ownership entitlement is determined by whether the
landowner is a ''qualified recipient,'' a ''limited recipient,'' or a
''prior law recipient.'' All irrigation land shall be considered in the
ownership computations except as stipulated in paragraphs (e) and (f) of
this section.
(b) Qualified recipient entitlement. Except as provided in paragraph
(b)(4) of this section and in 426.9, 426.11, and 426.16, a qualified
recipient is entitled to irrigate a maximum of 960 acres of owned land
with irrigation water. This entitlement applies on a westwide basis.
All individual ownership and multiownership arrangements are qualified
recipients provided they meet the following conditions:
(1) Individual landowners. All individual landowners are qualified
recipients if they are citizens of the United States or resident aliens
thereof and have met the contract requirements for a qualified recipient
as set forth in 426.5. As such, they are entitled to receive irrigation
water for use on a maximum of 960 acres of land owned westwide in
addition to land owned that is subject to a recordable contract and land
acquired in the past 5 years through an involuntary process of law as
described in 426.16.
(i) The application of this rule may be illustrated by the following:
Example (1). Farmer X is a citizen of the United States and receives
irrigation water on 160 acres owned in District A. District A amends
its contract to conform to the discretionary provisions. Farmer X
automatically becomes a qualified recipient by virtue of the district
decision and is entitled to receive irrigation water on a maximum of 960
acres of irrigation land in his ownership.
Example (2). Farmer Y is a citizen of Germany, but has taken up
permanent residency in the United States. Farmer Y owns 160 acres in
District A and desires to purchase an additional 800 acres. District A
has not amended its contract to conform to the discretionary provisions.
Farmer Y, however, decides to execute an irrevocable election. After
the election, Farmer Y becomes eligible to receive irrigation water on
960 acres of owned land. This eligibility as a qualified recipient
remains in force so long as Farmer Y, as a resident alien, maintains
permanent residency in the United States. If Farmer Y were to become a
United States citizen, his eligibility as a qualified recipient would,
of course, remain in force.
Example (3). Farmer Z is a citizen and resident of Switzerland.
Farmer Z owns 160 acres of irrigation land in District A. District A
amends its contract to conform to the discretionary provisions. Because
Farmer Z, as an individual nonresident alien, cannot meet the
requirements of either a qualified recipient or limited recipient and
because he owned the irrigation land prior to the district's contract
amendment, Farmer Z may, as set forth in 426.11(k), place the land
under recordable contract and receive irrigation water at the
non-full-cost rate for 5 years. (If the land were not placed under
recordable contract or had Farmer Z not acquired the irrigation land
prior to the district's contract amendment, the 160 acres owned would be
ineligible for service until such time as it was sold or otherwise
transferred to an eligible recipient or Farmer Z qualifies as a resident
alien in the United States.)
(2) Husband and wife. A husband and wife, and all dependents, are
considered as one qualified recipient and are entitled to irrigate a
maximum of 960 acres of land owned on a westwide basis with irrigation
water, provided, either husband or wife is a citizen of the United
States or a resident alien thereof and the contract requirements as set
forth in 426.5 have been met. A qualified recipient may also hold and
receive irrigation water on land under recordable contract and land
acquired in the last 5 years through an involuntary process of law as
described in 426.16.
(i) The application of this rule may be illustrated by the following:
Example (1) Farmer X and her husband are a qualified recipient by
virtue of an irrevocable election. They own in joint tenancy 960 acres
of land eligible for irrigation water. They are in compliance with the
ownership entitlement applicable to a qualified recipient.
Example (2). Farmer Y and Farmer Z are a married couple, and each
owns 480 acres of irrigation land under separate title in District A.
District A has amended its contract to conform to the discretionary
provisions. Even though the land is held in separate title, Farmer Y
and Farmer Z have reached the limits of eligibility to receive
irrigation water as a qualified recipient.
(3) Multiownership arrangement. All multiownership legal entities
are considered to be qualified recipients, provided that: the ownership
is a legal entity established under State or Federal law, the entity
does not benefit more than 25 natural persons, and the entity has met
the contract requirements for a qualified recipient as set forth in
426.5. As qualified recipients, they are eligible to receive irrigation
water on a maximum of 960 acres of land owned westwide in addition to
land subject to recordable contract and land received in the past 5
years through an involuntary process of law as described in 426.16. In
a corporate ownership, irrigation land held by a subsidiary entity is
counted against the ownership of its parent entity. The requirement of
U.S. residency for aliens does not apply to individual interests in
multiownership legal entities. However, a nonresident alien may not
receive irrigation water for a cumulative westwide ownership in excess
of 960 acres through corporate or any other legal entity ownership
arrangement.
(i) The application of this rule may be illustrated by the following:
Example (1). XYZ Farms is a general partnership comprised of four
individuals who are qualified recipients who own equal and separable
interest in the 960-acre partnership. All other requirements as set
forth in 426.6(b)(3) have also been met. Therefore, XYZ Farms
satisfies the requirements for a qualified recipient and may receive
irrigation water for all 960 acres in its ownership. Moreover, the
members of the partnership, as qualified recipients, may each receive
irrigation water on a maximum of 720 acres in some ownership or
ownerships other than XYZ Farms.
Example (2). Six brothers who are citizens and residents of Canada
form a family corporation with each holding equal shares in the
corporation. They are able to satisfy all other conditions set forth in
paragraph (b)(3) of this section; therefore, the corporation is a
qualified recipient and as such is entitled to receive irrigation water
on 960 acres or less of owned land. In this example, each brother may
receive irrigation water on up to an additional 800 acres owned in legal
entities other than the family corporation. Nonresident aliens may
receive irrigation water only on lands held by legal entities and may
not receive irrigation water on land they own directly. Under the
discretionary provisions, the brothers cannot meet the requirements of a
qualified recipient under individual ownership, as set forth in
paragraph (b)(1) of this section, since none are citizens of the United
States or residents aliens thereof.
Example (3). Corporation A is a qualified recipient receiving
irrigation water on a landholding of 960 acres. Farmer Brown is also a
qualified recipient who owns 25 percent of Corporation A and farms 800
acres of owned land using irrigation water. In this instance, Farmer
Brown exceeds his individual ownership entitlement by 80 acres and must
either divest an appropriate share of his ownership in Corporation A or
designate 80 acres owned as ineligible.
Example (4). Corporation W and Corporation X, subsidiaries of
Corporation Z, each own 480 acres in District A which has amended its
contract to conform to the discretionary provisions. The landholdings
of Corporation W and X are counted against the entitlement of the parent
corporation, Corporation Z. Since Corporation Z is a qualified
recipient, all of the 960 acres are eligible to receive irrigation
water.
(4) Trusts. (i) An individual or corporate trustee holding land in a
fiduciary capacity is not subject to the ownership or pricing
limitations imposed by title II nor the ownership provisions of prior
law for land held in this capacity; provided, the trust agreement: is
in writing and is approved by the Secretary, identifies the
beneficiaries, describes the interests of the beneficiaries and in the
case of revocable trusts, the trust agreement also identifies the
grantor(s) of all lands held in the trust, identifies the person(s) or
entity (entities) who may revoke the trust and to whom title to the
lands held in the trust will be conveyed upon the revocation of the
trust, and provided further that the trusted land is not attributable to
a grantor acting as trustee pursuant to 426.6(b)(4)(iii). The Secretary
shall be notified of any changes in the above conditions.
(ii) In the case of irrevocable trusts and revocable trusts other
than those described in paragraph (b)(4)(iii) of this section, the lands
held in the trust will be attributed to the beneficiary or beneficiaries
of the trust according to the interest held in the trust by each
beneficiary. The eligible acreage attributable to each beneficiary in
trust land in combination with other land directly or indirectly owned
by such beneficiary shall not exceed that beneficiary's ownership
entitlement unless the land is either under recordable contract or was
acquired and is eligible under the involuntary acquisition provided in
426.16.
(iii) In the case of revocable trusts which may be revoked at the
discretion of the grantor(s) of the lands held in the trust and such
revocation results in title to the trust lands reverting to the
grantor(s) either directly or indirectly, or if the terms of the trust
require that it be revoked or terminated upon the expiration of a
specified period of time and such revocation or termination results in
the title to the lands held in the trust reverting either directly or
indirectly to the grantor(s), the lands held in that trust will be
attributed to the grantor(s) of the lands. Therefore, in the case of
such revocable trusts, the eligible acreage attributable to each grantor
in trust land in combination with other land directly or indirectly
owned by such grantor shall not exceed that grantor's ownership
entitlement unless the land is either under recordable contract or was
acquired and is eligible under the involuntary acquisition process
provided in 426.16. However, a revocable trust in which a grantor
retains the power to change the beneficiaries or to modify the terms of
the trust, but does not provide that the title to trust property will
revert to the grantor upon revocation or termination shall not result in
an attribution to the grantor of the trust property.
(iv) If the attribution of trust property described in paragraph
(b)(4)(iii) of this section results in the grantor of such property
becoming subject to the payment of full cost for irrigation water
delivered to lands within his landholding, such full cost will not apply
to the grantor if the trust agreement was revised before April 20, 1988,
to avoid or preclude the attribution of the trust property to the
grantor. If such a trust agreement was not so revised by that date, the
grantor must pay full cost for irrigation water delivered to that
portion of the grantor's landholding that exceeds the non-full-cost
entitlement, commencing December 23, 1987, until such trust agreement is
so revised. The application of this rule may be illustrated by the
following:
Example (1). Bank X is the trustee for five irrevocable trusts, each
of which has more than one beneficiary. The irrevocable trusts contain
1,280, 960, 640, 800, and 400 acres, respectively. The land in the
irrevocable trusts is in districts which have amended their contracts to
conform to the discretionary provisions of title II. Since the
ownership and pricing limitations of title II do not apply to Bank X as
trustee for the trusts and all beneficiaries who are qualified
recipients are within their respective ownership entitlements, all 4,080
acres in the five irrevocable trusts are eligible to receive irrigation
water at the contract rate. However, if a beneficiary owned directly or
indirectly other irrigation land which, when combined with his
beneficial interest in the subject irrevocable trusts, caused him to
exceed the 960-acre ownership limitation, either that beneficiary or the
trustee would be required to designate the nonexcess land for which
irrigation water could be supplied, depending upon whether the land to
be so designated is directly held by the beneficiary or the trust.
Example (2). Farmer X, a qualified recipient, provides in his will
for the establishment of a trust and the conveyance of 640 acres of his
land receiving irrigation water into that trust for his minor child upon
his death. Farmer X designates his brother as trustee of that
testamentary (irrevocable) trust. The land is located in a district
which has amended its contract to come under the discretionary
provisions of title II. The brother, who is designated as trustee for
the trust, owns 800 acres in the same district which receives an
irrigation water supply. Farmer X dies, and the testamentary trust he
has established is activated. The brother, as trustee, is entitled to
receive irrigation water for the land in trust as well as the land he
owns.
Note. -- The land placed in the testamentary trust by Farmer X is
counted against his ownership entitlement during his lifetime as long as
the land remained in his ownership.
Example (3). Farmer X, a qualified recipient, owns 960 acres
eligible to receive irrigation water in a district subject to the
provisions of title II. He decides to place 160 acres of his land in an
irrevocable trust with his daughter as the life tenant. The 160 acres
of trust land shall be attributed to the daughter's entitlement if she
is independent. If she is dependent, the 160 acres of trust land shall
be attributed to Farmer X or to the person upon whom she is dependent.
Example (4). ABC Corporation, a prior law recipient, establishes a
revocable trust and places 160 acres of land receiving irrigation water
in the trust for the benefit of J. Jones. Under the terms of the
revocable trust, the trust will terminate and title to the 160 acres
will revert back to ABC Corporation in 10 years. All 160 acres of the
land in trust is attributed to the corporation with all stockholders
attributed an indirect interest in proportion to their percent of stock
held in the Corporation.
Example (5). As in Example (4) above, ABC Corporation establishes a
trust for the benefit of J. Jones, which is revocable at the discretion
of ABC Corporation, the trustor. But Corporation X, a fully independent
legal entity, rather than Corporation ABC, contributes the 160 acres to
the trust. In this example, the 160 acres is attributed to the
beneficiary of the trust, J. Jones, since the criteria for attribution
to the grantor (Corporation X) have not been met; namely, the 160 acres
will revert in 10 years to the trustor (Corporation ABC), not the
grantor, and the grantor does not have the power to revoke the trust.
Example (6). Farmer X, a qualified recipient, places 960 acres of
land receiving irrigation water in a trust for his son. The trust
agreement provides that the trust shall expire in 20 years, and
ownership of the trust land shall be vested in Corporation Y, of which
Farmer X is a part owner with 5 percent interest. Because title to 5
percent of the trust land will revert indirectly to Farmer X upon
termination of the trust, 48 acres (960 x 5 percent) of the trust land
is attributed to Farmer X. The remaining 912 acres of trust land is
attributable to the beneficiaries of the trust. If Farmer X's interest
in Corporation Y changes during the term of the trust, the amount of
trust land attributed to Farmer X will change accordingly.
(c) Limited recipient entitlement. Except as provided in 426.9,
426.11, and 426.16, a limited recipient is entitled to irrigate 640
acres of owned land with irrigation water. This entitlement applies on
a westwide basis. All legal entities established under State or Federal
law benefiting more than 25 persons are limited recipients provided they
have met the contract requirements for a limited recipient as set forth
in 426.5. In a corporate ownership, irrigation land held by a
subsidiary entity is counted against the ownership of its parent entity.
The requirement of U.S. residency does not apply to aliens who have an
interest in a limited recipient. However, a nonresident alien may not
receive irrigation water for a cumulative westwide ownership in excess
of 960 acres through corporate or any other legal entity ownership
arrangement.
(1) The application of this rule may be illustrated by the following:
Example (1). ABC Fertilizer Company is a corporation registered in
Nebraska and owns 640 acres in District A. District A has amended its
contract to conform to the discretionary provisions of title II. ABC
Fertilizer Company benefits more than 25 persons and therefore
automatically becomes a limited recipient, with all 640 acres of owned
land in the corporation eligible to receive irrigation water.
Example (2). XYZ Land Company, a corporation benefiting more than 25
persons and registered in the State of California, owns 320 acres in
District A. In the absence of district action, the company makes an
irrevocable election to conform to the discretionary provisions of title
II. Thereby XYZ Land Company becomes a limited recipient and is
entitled to receive irrigation water on 640 acres or less owned
westwide.
Example (3). CDE Development Company is a corporation with more
than 25 shareholders which chose to incorporate in the Greater Antilles.
CDE Development Company buys 320 acres in a district which has amended
its contract to conform to the discretionary provisons of title II.
However, until such time as CDE Development Company establishes itself
as a legal entity under State or Federal law, none of its land is
eligible for irrigation water. Had CDE Development Company been
receiving irrigation water on 160 acres prior to the district's
amendment, it could have continued to receive irrigation water for 5
years under the conditions set forth in 426.11.
Example (4). Corporation X owns 640 acres in District A as does
Corporation Y. Both are subsidiaries of Corporation Z. District A has
amended its contract to conform to the discretionary provisions of title
II. The landholdings of Corporation X and Y, since they are
subsidiaries of Corporation Z, are counted against the entitlement of
the parent corporation, Corporation Z. Corporation Z is a limited
recipient; therefore, only 640 acres of the 1,280 acres are eligible to
receive irrigation water.
Example (5). Farmer X, a qualified recipient, owns 960 acres of
land receiving an irrigation water supply. Farmer X is also a
shareholder in the XYZ Corporation, a limited recipient, which receives
irrigation water for 640 acres it owns. Farmer X's interest in the land
in the XYZ Corporation is not counted against his entitlement because he
holds less than 4 percent of the stock in the limited recipient
corporation, 426.10(D). Thus, Farmer X is entitled to receive
irrigation water for the 960 acres he owns, and the XYZ Corporation is
entitled to receive irrigation water for the 640 acres it owns.
(d) Prior law recipients -- (1) Individuals. Individuals are
entitled to receive irrigation water on a maximum of 160 acres owned in
each district; provided, the land was acquired on or before December 6,
1979. The 160-acre entitlement for an individual applies on a westwide
basis to all land acquired after December 6, 1979.
(i) The application of this rule may be illustrated by the following:
Example (1). Farmer X owns 160 acres of irrigation land in each
of four districts. None of the districts in which Farmer X owns land
has amended its contract to conform to the discretionary provisions, and
Farmer X held title to the land prior to December 6, 1979. Thus, Farmer
X remains eligible to receive irrigation water on the 640 acres owned in
the four different districts. Note: If title to the irrigated land
changes hands, the 160-acre westwide entitlement will automatically
apply to the transferred land.
Example (2). Farmer Y owns 160 acres in each of two nonamending
districts, and all of the acreage is eligible for irrigation water by
virtue of the fact Farmer Y owned the land prior to December 6, 1979.
On January 1, 1983, Farmer Y purchases another 160 acres of Farmer Z's
nonexcess land which is located in a third nonamending district. The
land newly purchased in this district becomes ineligible for service
until such time as it is either sold to an eligible buyer at a price
approved by the Secretary, the sale is canceled, the land is
redesignated with approval by the Secretary, or Farmer Y becomes subject
to the provisions as set forth in 426.11(c)(2)(i).
(2) Husband and wife. A husband and wife, or surviving spouse until
remarriage, are entitled to receive irrigation water on a maximum of 320
acres of land jointly owned in each district; provided, each spouse
holds an equal interest and provided further that the land was acquired
on or before December 6, 1979. The 160-acre entitlement for an
individual (320 acres for husband and wife) applies on a westwide basis
to all land acquired after December 6, 1979.
(i) The application of this rule may be illustrated by the following:
Example. Farmer X and his wife own 320 acres of irrigation land
in District A and also 320 acres in District B. The couple purchased
both parcels of land in 1976. Districts A and B remain subject to prior
law, and Farmer X and his wife have not made an irrevocable election.
Since the land was purchased prior to December 6, 1979, Farmer X and his
wife are entitled to receive irrigation water on all 320 acres in each
district. The couple has reached the limit of their ownership
entitlement for receiving irrigation water in these two districts.
(3) Tenants-in-common and joint tenancies. Each individual in a
tenancy-in-common or a joint tenancy subject to prior law is entitled to
receive irrigation water on a maximum of 160 acres owned through his or
her interest in the tenancy. A prior law recipient may receive
irrigation water, through this interest and any other ownership
arrangements, on no more than 160 acres owned in each district;
provided, the land was acquired on or before December 6, 1979. The
160-acre entitlement for an individual (320 acres for a married couple)
applies on a westwide basis to all land acquired after December 6, 1979.
An individual subject to the discretionary provisions, through his or
her interest in a prior law tenancy and any other ownership
arrangements, may receive irrigation water on no more than 960 acres
westwide.
(i) The application of this rule may be illustrated by the following:
Example. Farmer X and Farmer Y have formed a tenancy-in-common in
which each holds equal interest. The tenancy owns 320 acres of
irrigation land in District A. District A has not amended its contract
to become subject to the discretionary provisions. Both Farmers X and Y
own irrigation land only through their interests in the tenancy;
however, Farmer Y wishes to purchase additional land in the district so
he makes an irrevocable election.
Since the tenancy remains subject to prior law, Farmers X and Y may
each receive irrigation water on a maximum of 160 acres through their
interests in the entity. Therefore, the tenancy's 320 acres remain
eligible to receive irrigation water, but the tenancy and Farmer X have
both reached the limits of their ownership entitlements under prior law.
However, as a qualified recipient, Farmer Y may receive irrigation
water on an additional 800 acres of land owned either as an individual
or through other ownership arrangements.
(4) Partnerships. Each individual who is a partner in a partnership
subject to prior law is entitled to receive irrigation water on a
maximum of 160 acres owned through his or her interest in the
partnership, provided each partner has a separable interest in the
partnership and the right to alienate that interest. A prior law
recipient may receive irrigation water, through this interest and any
other ownership arrangements, on no more than 160 acres in each
district, provided the land was acquired on or before December 6, 1979.
A partner subject to the discretionary provisions, through his or her
interest in the partnership and any other ownership arrangements, may
receive irrigation water on no more than 960 acres westwide. A
partnership in which each partner does not have a separable interest and
the right to alienate that interest is entitled to receive irrigation
water on a maximum of 160 acres of land owned by the partnership.
(i) The application of this rule may be illustrated by the following:
Example. XYZ Farms, a partnership composed of four individuals who
hold equal and separable interests in the partnership, owns 960 acres of
irrigation land located in District A. District A has not amended its
contract to become subject to the discretionary provisions. XYZ Farms
and two of the partners are subject to prior law; the other two
partners have made irrevocable elections. Neither XYZ Farms nor any of
the partners owns irrigation land outside the partnership. Based on
these facts, each partner may own and receive irrigation water on a
maximum of 160 acres through the partnership. Therefore, 640 of XYZ
Farms' 960 acres are entitled to receive irrigation water. The two
partners who have made irrevocable elections may each purchase and
receive irrigation water on another 800 acres outside the partnership in
order to complete their individual 960-acre ownership entitlement for
qualified recipients.
(5) Corporations. All corporations are considered to be individual
entities and as such are entitled to receive irrigation water on a
maximum of 160 acres owned in each district; provided, the land was
acquired on or before December 6, 1979. The 160-acre entitlement
applies on a westwide basis for all land acquired after December 6,
1979. No shareholder in a corporation through his or her interest in
the corporation and any other ownership arrangement shall receive
irrigation water on land owned in excess of his or her individual
entitlement under Reclamation law. Irrigation land held by a subsidiary
entity is counted against the ownership entitlement of its parent
entity.
(i) The application of this rule may be illustrated by the following:
Example (1). Two brothers are the sole stockholders and hold equal
shares in Corporation XYZ. The corporation owns 160 acres of irrigation
land in District A. District A has not amended its contract to become
subject to the discretionary provisions and neither the brothers nor the
corporation has made an irrevocable election. Thus, the corporation has
reached its ownership entitlement for receiving irrigation water under
prior law. Based on their 50 percent interests in the corporation, 80
acres will be counted against each of the two brothers' individual
entitlements. Each brother may also purchase and receive irrigation
water on another 80 acres outside the corporation to complete his
individual 160-acre ownership entitlement.
Example (2). Corporation ABC owns 320 acres in District A.
Corporation ABC's two shareholders, Farmer X and Farmer Y, hold equal
interests in the corporation. Both District A and Farmer X are subject
to prior law; however, Farmer Y is a qualified recipient by virtue of
having made an irrevocable election. As a corporation subject to prior
law, only 160 of Corporation ABC's 320 acres are eligible to receive
irrigation water. Eighty acres of the corporation's ownership is
attributed to each shareholder. As a prior law recipient, Farmer X may
receive irrigation water on another 80 acres of irrigation land through
ownership arrangements outside the corporation in order to complete his
individual 160-acre ownership entitlement. To complete his 960-acre
ownership entitlement as a qualified recipient, Farmer Y may receive
irrigation water on an additional 880 acres outside the corporation.
Example (3). Corporation P and Corporation S, which are established
under Canadian law, each owns 160 acres of irrigation land in District
A. Corporation S is a wholly owned subsidiary of Corporation P.
District A has not amended its contract to become subject to the
discretionary provisions. Since Corporation S is a subsidiary of
Corporation P, its entitlement is counted against Corporation P.
Therefore, only 160 acres of the 320 acres are eligible to receive
irrigation water.
(6) See 426.6(b)(4).
(e) Exemptions from ownership limitation. Irrigation land owned in
districts which have been exempted, 426.13(a) (1) and (2), will not be
counted against ownership entitlement. Neither will isolated tracts,
426.13(a)(4), be counted against ownership entitlement.
(f) How ownership entitlement is to be computed. With the exception
of land under recordable contract, 426.11(e), all designated nonexcess
land, 426.11(b), and all acreage receiving irrigation water on other
than a temporary or short-term basis, as defined in 426.13(a)(3), from
a Reclamation project in a district which is subject to acreage
limitation shall be counted against the appropriate ownership
entitlement; i.e., qualified recipient, limited recipient, etc.
(1) The principles of this rule may be illustrated by the following:
Example (1). Farmer X, a qualified recipient, owns 1,400 acres in
District A and has designated 960 acres as nonexcess and eligible to
receive irrigation water. Even though Farmer X may not irrigate all 960
acres every year, all of the designated acreage is counted against his
entitlement.
Example (2). Farmer Y, a qualified recipient, owns 640 acres
receiving irrigation water in District A. Farmer Y also owns 320 acres
which are not in a district, but Farmer Y has entered into a 10-year
contract with the United States for irrigation water for that land. All
960 acres receiving irrigation water must be counted for purposes of
determining ownership entitlement.
Example (3). Farmer Z, a prior law recipient, owns 180 acres in
District A. This acreage was classified as to its arability during
project planning and only 120 acres were deemed irrigable and eligible
to receive irrigation water. Some years subsequent to this
determination, Farmer X installed a center pivot irrigation system and
now irrigates 160 acres with the same amount of water as he once used to
irrigate 120 acres. For purposes of entitlement, all 160 acres must be
counted.
(g) Multidistrict ownerships. Landowners may own irrigable and/or
irrigation land in more than one district (multidistrict ownerships).
If any one of the districts in which a landowner owns irrigation land
becomes subject to the discretionary provisions, the multidistrict
landowner automatically becomes subject to the discretionary provisions.
Thus, the irrigation land owned by that recipient in all districts
becomes subject to the acreage entitlement of a qualified or limited
recipient, provided the landowner can meet the requirement for being
such a recipient. However, as set forth in 426.5, a contract action
which causes a district to be subject to the discretionary provisions is
binding on individuals and legal entities with landholdings within that
district but is not binding on the members of legal entities as to their
landholdings outside the legal entity if the individual owns no
irrigation land within the district. If a landowner with multidistrict
ownership makes an irrevocable election in one district, the irrigation
land he, she, or it owns in all districts becomes subject to the
discretionary provisions. As stated in 426.5(d), an irrevocable
election by a multidistrict landowner which is a legal entity shall be
binding on the legal entity but not on the members of that entity. If
all districts in which a prior law recipient holds irrigation land
remain subject to prior law, the 160-acre ownership entitlement shall
apply on a district-by-district basis, provided the land was acquired
prior to December 6, 1979. If any of the owned land was acquired after
December 6, 1979, its eligibility will be determined on a westwide
basis.
(1) The application of this rule may be illustrated by the following:
Example (1). Landowner X is a U.S. citizen and owns 160 acres in
each of Districts A, B, C, and D. All of this land is receiving
irrigation water. District A amends its contract to conform to title
II. Thereby, Landowner X automatically becomes a qualified recipient by
virtue of the fact he is a U.S. citizen and is entitled to receive
irrigation water on 960 acres owned westwide. Since, in this case,
Landowner X's total present ownership is 640 acres, he would be entitled
to receive irrigation water on another 320 acres owned.
Example (2). Landowner Y is a citizen of the United States and owns
160 acres in each of Districts A, B, C, D, E, and F. All of his land is
receiving irrigation water. In the absence of district action,
Landowner Y makes an irrevocable election in District A. By this action
Landowner Y automatically becomes a qualified recipient and all owned
land receiving water in Districts B, C, D, E, and F must be included in
his ownership entitlement considerations. Since in this case the
landowner already owns 960 acres of irrigation land, he has reached his
maximum ownership entitlement.
(h) Loss of eligibility. An owner who is receiving irrigation water,
and acquires additional irrigable land, shall lose eligibility on any
newly purchased land that exceeds the owner's entitlement unless:
(1) If irrigation facilities are available to land which is purchased
from nonexcess status in excess of an owner's entitlement, eligibility
shall be reestablished if the land is (i) redesignated as nonexcess,
426.11(b), or (ii) sold at a price approved by the Secretary to an
eligible buyer, (iii) the sale is canceled, or (iv) if the landowner is
a prior law recipient, such land can regain eligibility if the landowner
becomes subject to the discretionary provisions and redesignates such
land up to his entitlement as nonexcess, as set forth in
426.11(c)(2)(i).
(2) In the case of land for which irrigation water is not available
because facilities have not been constructed to provide such water, the
landholder may, in addition to the options available in the preceding
paragraph, place the land under recordable contract.
(i) The principles of this rule are illustrated by the following:
Example. Farmer X meets all of the criteria for a qualified recipient
as set forth in 426.6(b)(1) but remains under prior law. Farmer X
irrigates 160 acres of owned land in District A as he is entitled to do.
Subsequent to his determination of eligibility, Farmer X buys, in
District B, a 160-acre farm which is also receiving irrigation water.
All land purchased by Farmer X in District B thereby becomes ineligible
for service until such time as Farmer X either redesignates the land as
nonexcess, cancels the sale, sells the farm in District B at a price
approved by the Secretary, or he makes the land eligible by electing to
come under the discretionary provisions. If the 160 acres which Farmer
X purchased had never received irrigation water and were in an area for
which water distribution facilities had not been constructed, Farmer X
could, as provided for in 426.11(e), place the 160 acres under
recordable contract when the facilities became available to serve the
land.
(52 FR 11954, Apr. 13, 1987, as amended at 53 FR 50535, Dec. 16,
1988)
43 CFR 426.7 Leasing and full-cost pricing.
(a) What constitutes a lease. A lease is a contract by which one
party (the landlord or lessor) gives to another (the tenant or lessee):
(1) The use and possession of land (including, in some cases,
associated buildings, machinery, etc.);
(2) For a specified time.
(3) For agreed upon payments (cash or other consideration); and
(4) The lessee assumes the economic risk in the operation and
management of the leased land.
(1) Exceptions. (i) Management arrangements or consulting agreements
in which (1) the manager or consultant performs a management or
consulting service for the landowner for a fee but does not assume the
economic risk in the farming operation, and (2) the landowner retains
the right to the use and possession of the land, is responsible for
payment of the operating expense, and is entitled to receive the profits
from the farming operation, shall not be considered a lease. At the
Secretary's request, the landowner shall be responsible for providing
information concerning a farm management arrangement or a consulting
arrangement.
(A) The application of this rule may be illustrated as follows:
Example (1). (a) Farmer W is a surviving spouse who has elected
under the discretionary provisions and receives irrigation water on 960
acres in District A. Her son, Farmer S, is subject to prior law and
owns and receives water on 160 acres, also in District A. (b) In
addition to farming his own 160 acres, Farmer S operates Farmer W's
equipment in performance of all the physical farm work on his mother's
960 acres and receives compensation for such services, which does not
consist of a share of the crop or is not based, in advance, on the
degree of economic success or failure of the production or marketing of
the crop. Farmer W retains at all times the economic risk associated
with both crop production and marketing from her 960 acres. Such an
arrangement between Farmer W and Farmer S constitutes a farm management
arrangement and not a lease.
Example (2). Same facts as in example (1), part (a). In addition to
farming his own 160 acres, Farmer S has use and possession of his
mother's land and utilizes his farm equipment in the operation of his
mother's farm in exchange for a fee. The fee received by Farmer S
depends materially upon the degree of economic success or failure of the
crop production or marketing of the crops grown on his mother's farm.
This arrangement between Farmer W and Farmer S constitutes a lease and
not a farm management arrangement or agreement.
(ii) Nonreclamation dependent activities. A contract arrangement for
nonreclamation dependent activities which allow for limited use of the
land shall also not be considered a lease. Examples of such activities
are incidental grazing or use of crop residue from irrigated crops grown
on the land.
(b) The form and provisions of a lease -- (1) Present leases. All
leases must be in writing and made available by the leaseholders to the
Secretary for inspection at the Secretary's request. The term of the
lease may not exceed 10 years, including any exercisable option, except
in the case of a lease of land for the production of perennial crops
having an average life of more than 10 years. In that case, the lease
may be for a period of time equal to the average life of the perennial
crop, as determined by the Secretary, provided the lease does not exceed
25 years.
(2) Written leases in existence prior to October 12, 1982. Land
under written leases which were in existence prior to October 12, 1982,
and which have a remaining term of longer than 10 years will become
ineligible to receive irrigation water after October 12, 1992, unless
the leased land is used for the production of perennial crops having an
average life of more than 10 years. In that case, the leased land may
be eligible for a period of time equal to the average life of the
perennial crop, as determined by the Secretary, provided the lease does
not exceed 25 years.
(c) Full-cost acreage thresholds. There is a limit on the amount of
land for which a landholder may receive irrigation water at a
non-full-cost rate. The maximum acreage a landholder may irrigate with
less-than-full-cost irrigation water is called the landholder's
non-full-cost entitlement. All owned or leased land receiving
irrigation water counts against a landholder's non-full-cost
entitlement, with the following exceptions: Exempt land, except for
isolated tracts, as provided in 426.13(a)(4); and land acquired
through involuntary processes, as provided in 426.16. All land counted
against a landholder's non-full-cost entitlement shall be counted on a
cumulative basis during any one water year. A landholder in excess of
the non-full-cost entitlement may select in each water year, from
nonexempt eligible land in the holding, that land which will be subject
to the full-cost rate. That selection may include owned land, leased
land, land under recordable contract, or a combination of all three.
However, land under recordable contract may not be selected as land
subject to the full-cost rate if such land is already subject to
full-cost pricing under an extended recordable contract as provided in
426.11(i)(4). Once a landholder reaches the limits of his or her
non-full-cost entitlement during a water year, the selection of
non-full-cost land is binding for the remainder of that water year.
Land subject to full-cost pricing due to the status of either the owner
or the lessee can receive irrigation water only at full cost. Districts
shall collect full-cost rates from those landholders to whom such costs
are attributable rather than averaging the costs over the entire
district. Land which is subleased (the lessee transfers his or her
interest to a sublessee) will be attributed to the landholding of the
sublessee.
(1) Non-full-cost entitlement for qualified recipients. The
non-full-cost entitlement for qualified recipients is 960 acres, or the
class 1 equivalent thereof, computed on a cumulative basis during any
one water year. The full-cost rate must be paid for irrigation water
delivered to all eligible land owned or leased in excess of a qualified
recipient's non-full-cost entitlement, except for (i) land subject to a
recordable contract unless as otherwise provided in 426.11(e) and
426.11(i)(4); (ii) exempt land other than isolated tracts, as provided
in 426.13(a)(4); and (iii) land acquired through involuntary
processes, as provided in 426.16.
(i) The application of this rule may be illustrated as follows:
Example (1). Farmer X, a qualified recipient, receives irrigation
water on 900 of the 960 acres of irrigable land in his ownership in
District A. Farmer X leases and receives irrigation water on another
320 acres in District B. Since Farmer X receives water on 260 acres in
excess of his non-full-cost entitlement, he must select 260 acres --
whether owned land, leased land, or a combination of both, and pay the
full-cost rate for water delivered to that land.
Example (2). Farmer Y, a qualified recipient, owns and receives
irrigation water on 960 acres in District A. Farmer Y decides to lease
all 960 acres to another qualified recipient, Farmer Z. Farmer Z,
however, already farms 960 acres receiving irrigation water. Therefore,
the full-cost rate would have to be paid for irrigation water delivered
to 960 acres of Farmer Z's landholding.
Example (3) Landholder X, a qualified recipient, owns 500 acres of
irrigation land in District A which he leases to another farmer.
Landholder X also leases 960 acres of irrigation land from Landholder Y
in District B. Thus, there are 500 acres in Landholder X's total
landholding which receive irrigation water in excess of his 960-acre
non-full-cost entitlement and for which a full-cost rate must be paid.
Example (4). Landholder Y, a qualified recipient, receives
irrigation water on 960 acres owned in District A and 800 acres leased
in District B. At the beginning of the water year, Landholder Y selects
360 owned acres plus 600 leased acres to receive irrigation water at the
non-full-cost rate. He pays the full-cost rate for water delivered to
the remaining 800 acres. In July, Landholder Y terminates the lease on
the 600 acres of leased land which are part of his non-full-cost
entitlement. However, since non-full-cost acreage is counted against
one's entitlement on a cumulative basis during any one water year,
Landholder Y has already reached the limits of his non-full-cost
entitlement for this water year. Therefore, Landholder Y may not
replace in that water year those 600 non-full-cost acres, even though
they no longer receive irrigation water, with 600 acres from his
full-cost land. Landholder Y must pay the full-cost rate for irrigation
water delivered to any other land he irrigates during that water year.
Example (5). Landholder Z, a qualified recipient, owns and irrigates
1,120 acres, 160 of which are subject to a nonextended recordable
contract. Landholder Z also irrigates 160 acres leased from another
party. All of Landholder Z's landholding, a total of 1,280 acres,
counts against his non-full-cost entitlement; therefore, he is in
excess of his non-full-cost entitlement by 320 acres. However, the 160
acres under recordable contract are not subject to full-cost pricing, so
Landholder Z need select only 160 acres from his total landholding for
full-cost pricing.
(2) Non-full-cost entitlement for limited recipients. The
non-full-cost entitlement for limited recipients that received
irrigation water on or before October 1, 1981, is 320 acres or the class
1 equivalent thereof. The non-full-cost entitlement for limited
recipients that did not receive irrigation water on or prior to October
1, 1981, is zero. The full-cost rate must be paid for irrigation water
delivered to all eligible land owned or leased in excess of a limited
recipient's non-full-cost entitlement, except for (i) land subject to a
recordable contract unless as otherwise provided in 426.11 (e) and
(i)(4); (ii) exempt land other than isolated tracts, as provided in
426.13(a)(4); and (iii) land acquired through involuntary processes, as
provided in 426.16.
(i) The application of this rule may be illustrated by the following:
Example (1). ABC Farms qualifies as a limited recipient but remains
under prior law. It owns and was receiving irrigation water on 640
acres in District A prior to October 1, 1981. Of the total, 480 acres
were and continue to be under a nonextended recordable contract. ABC
Farms may continue to receive irrigation water at the non-full-cost rate
on the 640 acres until the end of the recordable contract period. Upon
electing, ABC Farms may amend the recordable contract to allow it to own
and receive irrigation water on 640 acres owned. ABC Farms may receive
irrigation water at the non-full-cost rate on 320 acres, but it must pay
the full-cost rate on the additional 320 acres owned.
Example (2). XYZ Farms, a limited recipient, owns 640 acres of land
eligible to receive irrigation water. The purchase of the land took
place after October 1, 1981, and XYZ Farms was not receiving irrigation
water on any other land on or before October 1, 1981. Therefore, in
order for XYZ Farms to receive irrigation water for any eligible land,
it must pay the full-cost rate for that water.
Example (3). FGH Fertilizer Company, a limited recipient, buys 160
acres of land receiving irrigation water in District A. The purchase of
the land is made subsequent to October 1, 1981. However, the company
was receiving irrigation water on 160 leased acres in District B prior
to October 1, 1981. Therefore, the 160 acres recently purchased are
eligible to receive irrigation water at the non-full-cost rate. If FGH
Fertilizer Company buys or leases additional land, the company would
have to select and pay the full-cost rate for any irrigation water
delivered to land in excess of its 320-acre non-full-cost entitlement.
Example (4). The XYZ Corporation, a limited recipient, owns 640
acres of irrigation land in District A. Since the corporation was
receiving irrigation water prior to October 1, 1981, it is entitled to
irrigate 320 acres at the non-full-cost rate and 320 acres at the
full-cost rate. If the corporation were to lease the owned land subject
to full cost to another, the full-cost rate would still apply.
(3) Non-full-cost entitlement for prior law recipients. There is no
full-cost pricing requirement until April 13, 1987, for prior law
recipients, unless their land becomes subject to full-cost pricing
through leasing to or from a party subject to the discretionary
provisions. As of April 13, 1987, the full-cost rate must be paid for
irrigation water delivered to all land leased in excess of a prior law
recipient's maximum ownership entitlement as set forth in 426.6(d);
provided however, that for the purpose of computing the acreage subject
to the full-cost rate, all owned and leased land receiving water
westwide must be considered and further provided, that the full-cost
rate will not apply to water delivered to land in excess of a prior law
recipient's non-full-cost entitlement if the land is (i) subject to a
recordable contract unless as otherwise provided in 426.11 (e) and
(i)(4); (ii) exempt other than isolated tracts, as provided in
426.13(a)(4); (iii) acquired through involuntary processes, as provided
in 426.16.
A prior law recipient may select the land to be subject to full cost
from any owned or leased land in his landholding, provided it is
eligible and nonexempt.
(i) The application of this rule may be illustrated by the following:
Example (1). Farmer X and his wife receive irrigation water on 320
owned acres of irrigation land and on 40 leased acres in District A.
District A has not amended its contract to become subject to the
discretionary provisions and Farmer X and his wife have not made an
irrevocable election. Since Farmer X and his wife receive irrigation
water on 40 acres in excess of their 320-acre non-full-cost entitlement,
the couple must select 40 acres in their landholding and, beginning
April 13, 1987, pay the full-cost-rate for water delivered to that land.
If Farmer X and his wife make an irrevocable election or if District A
amends its contract to become subject to the discretionary provisions,
the couple would thereby become a qualified recipient with a
non-full-cost entitlement of 960 acres. Since their landholding is
within that entitlement, Farmer X and his wife would be able to receive
irrigation water at the non-full-cost rate on all 360 acres.
Example (2). Farmer X and his wife lease 640 acres of irrigation
land in District A and another 640 acres of irrigation land in District
B. Districts A and B have not amended their contracts to become subject
to the discretionary provisions and Farmer X and his wife have not made
an irrevocable election. Since there are 960 acres of land in excess of
the couple's 320-acre non-full-cost entitlement, Farmer X and his wife
must select 960 acres in their landholding and, beginning April 13,
1987, pay the full-cost rate for water delivered to that land.
Example (3). Four brothers hold equal and separable interests in a
partnership they formed. The partnership owns 160 acres of irrigation
land in District A and also leases another 320 acres from Farmer Y in
District B. The partnership and Districts A and B remain subject to
prior law. Since the partnership's landholding is within its 640-acre
non-full-cost entitlement (160 x 4), no full-cost charges will be
assessed to water delivered to any land in the holding.
Example (4). Farmer X, a prior law recipient, owns 5,000 acres of
irrigation land in District A, 4,840 of which are under recordable
contract. He receives irrigation water also on another 320 acres which
he leases in this same district. Beginning on April 13, 1987, Farmer X
will be receiving irrigation water on 5,160 acres (5,320-160) in excess
of his non-full-cost entitlement. However, his recordable contract land
is not subject to full-cost pricing; therefore, Farmer X must select
320 acres (5,160-4,840) for full-cost pricing. Although his recordable
contract land is not subject to full-cost pricing, Farmer X may, at his
option, select part or all of the 320 full-cost acres from the land
under recordable contract in lieu of his nonexcess or leased land.
(d) Multidistrict landholding. If a landholder has multidistrict
landholdings, only one of those districts in which he receives
irrigation water needs to amend its contract for the landholder to
automatically become a qualified or limited recipient and the
landholder's owned and/or leased land receiving irrigation water in all
districts to become subject to the discretionary provisions.
Furthermore, a qualified or limited recipient remains such a recipient
even after he disposes of his ownership or leasehold interest in land
within a district subject to the discretionary provisions. An amendment
by a district is also binding on legal entities with landholdings within
a district but is not binding on the members of the legal entity as to
their landholdings outside the legal entity and outside the district.
In no case, however, shall a prior law recipient become a qualified or
limited recipient by virtue of leasing irrigation land from a lessor who
has made an irrevocable election.
(e) Calculating full cost -- (1) What constitutes full cost. As set
forth in 426.4, the term ''full cost'' means an annual rate as
determined by the Secretary that shall amortize the expenditures for
construction properly allocable to irrigation facilities in service,
including all operation and maintenance deficits funded, less payments,
over such periods as may be required under Federal Reclamation law or
applicable contract provisions, with interest on both accruing from
October 12, 1982, on costs outstanding at that date, or from the date
incurred in the case of costs arising subsequent to October 12, 1982.
Operation, maintenance, and replacement charges required under Federal
Reclamation law shall be collected in addition to the full-cost payment.
(i) Amortization period. The amortization period for calculating the
full-cost rate shall be the remaining balance of the repayment period
for the district as specified in its repayment contract. However, in
those cases, such as in water service contracts, where payment by a
district through its existing contract term will not fully discharge its
obligation for repayment of construction costs and where, in accordance
with the project authorization the district must renew its water service
contract, the district may extend the amortization period for the
calculation of full costs by renegotiating its current water service
contract at the time it amends its contract to conform to the
discretionary provisions. The amortization period may extend up to the
expiration date of the new contract, and the term of the new contract
cannot exceed the payback period authorized by Congress. In cases where
water services rates are designed to completely repay applicable Federal
expenditures in a specific time period, that time period may be used as
the amortization period for full-cost calculations related to these
expenditures. Such an amortization period may not exceed the payback
period authorized by Congress.
(ii) Allocable construction expenditures. For determining full cost,
the construction costs properly allocable to irrigation are those
Federal project costs which have been assigned to irrigation within the
overall allocation of total project construction costs. Total project
construction costs include all direct expenditures necessary to install
or implement a project, such as planning, design, land, rights-of-way,
water-rights acquisitions, construction expenditures, interest during
construction, and when appropriate, transfer costs associated with
services provided from other projects.
(iii) Facilities in service (irrigation). Facilities in service are
those facilities which are in operation and providing irrigation
services.
(iv) Operation and maintenance deficits funded. O&M deficits funded
are the annual O&M costs including project-use pumping power allocated
to irrigation which have been federally funded and which have not been
paid by the irrigation contracting entity.
(v) Payments. In calculating the payments which have been received,
all receipts and credits applied to repay or reduce allocated irrigation
construction costs in accordance with Reclamation law, policy, and
applicable contract provisions shall be considered. These may include:
(A) direct repayment contract revenues, (B) net water service contract
income, (C) contributions, (D) ad valorem taxes, and (E) other
miscellaneous revenues and credits excluding power and M&I (municipal
and industrial) revenues.
(vi) Unpaid balance. The unpaid balance is the irrigation allocated
construction costs plus cumulative federally funded O&M deficits, less
payments.
(2) Calculating the full-cost rate. The Secretary will calculate a
district's full-cost rate using accepted accounting procedures. The
definition of ''full cost'' contained in title II does not recover
interest charges retroactively before October 12, 1982, but interest
charges on the unpaid full cost do accrue from the date of the act. The
full-cost rate for amended contracts will be determined as of the date
of enactment. The full-cost rate for districts which enter into
contracts after the date of enactment will be determined at the time the
new contract is executed. For repayment contracts, the full-cost rate
will fix equal annual payments over the amortization period. For water
service contracts, the full-cost rate will fix equal payments per
acre-foot of projected water deliveries over the amortization period.
If there are additional construction expenditures or the cost allocated
to irrigation changes, then a new full-cost rate will be determined.
The Secretary will notify the respective districts of changes in the
full-cost rate at the time he notifies the district of other payments
due the United States.
(i) The application of this rule may be illustrated by the following:
Example (1). District A contains 90,000 irrigable acres. The
construction costs allocated to irrigation for the project and to be
repaid by District A amount to $240 milion. As of October 12, 1982, the
district's accumulated repayments are $174 million, the unpaid
obligation on District A's repayment contract is $66 million, and 11
years remain on its contract term. The established annual contract rate
is $66.67 per acre. This amount repays the outstanding balance of the
contractual obligation in 11 years. As of October 12, 1982, the unpaid
balance for full cost is $66 million (allocated cost, less payments) or
$733.33 per acre, and the applicable interestrate is determined to be 7
1/2 percent. Therefore, the equal annual payments for full cost would
be $100.24. This payment is calculated using standard amortization
tables and is equivalent to the annual payment necessary to retire a
debt of $733.33 at a 7 1/2 percent rate of interest over 11 years. This
rate will apply regardless of when District A amends its contract.
Example (2). District B has a water service contract which
establishes a rate of $6.50 an acre-foot for 90,000 acre-feet of water
delivered to the district, a rate which is fixed over the remaining 10
years of the contract term. Currently, $1.00 of the $6.50 rate is used
to pay annual O&M charges. The remainder is credited to the repayment
of irrigation construction costs, although inflation over the next 10
years is expected to leave a $5.00 per acre-foot payment to irrigation,
averaged over the remaining 10 years. The construction costs to be
repaid from irrigation revenues and assignable to be repaid by the land
in District B are $24 million, and the district has paid $15.5 million
of those costs to date.
As of October 12, 1982, the accumulated payments credited to
repayment on construction are $15.5 million. The unpaid balance for full
cost is $8.5 million ($24 million less $15.5 million), and the
applicable interest rate is determined to be 7 1/2 percent. Amortizing
the unpaid balance over the remaining contract term of 10 years results
in an annual full-cost rate of $1,384,016, or $15.38 per acre-foot.
Normal O&M charges would be collected annually in addition to this rate.
Upon expiration of the current contract, the district expects to
enter into a subsequent water service contract in order to expand its
water deliveries. If District B desires to amortize its unpaid balance
for full cost over a longer period than 10 years, it can choose to
renegotiate its existing contract before the current contract expires to
bring it into conformance with current Bureau policy. When the district
renegotiates its contract, the unpaid balance for full cost could be
reamortized, at the district's option, for any period up to the term of
the new water service contract, which cannot exceed the repayment period
authorized by Congress. For example, suppose the new water service
contract runs for 18 years and is executed immediately. If the district
chooses to amortize full cost over the longest permissible repayment
period (18 years), then the full-cost rate would be $10.88 per
acre-foot. If the district chooses to amortize over 15 years, the
full-cost rate would be $11.96 per acre-foot, assuming the unpaid costs
remain the same.
Example (3). District C contains 90,000 irrigable acres, and the
construction costs allocated to irrigation for the project and
assignable to be repaid amount to $240 million. As of October 12, 1982,
the accumulated repayments of the district are $174 million. The
district's repayment obligation is $200 million. (The $40 million
difference between construction costs allocated to irrigation and the
repayment obligation is scheduled to be paid from other project
revenues.) The unpaid obligation on District C's repayment contract is
$26 million, and 11 years remain on its contract term. The annual rate
established by the contract is $26.26 per acre. This amount repays the
outstanding balance of the contractual obligation in 11 years. As of
October 12, 1982, the unpaid balance for full cost is $66 million
(allocated cost, less payments) or $733.33 per acre, and the applicable
interest rate is determined to be 7 1/2 percent. Therefore, the equal
annual payment for full cost would be $100.24 per acre.
Example (4). District D has a 40-year water service contract for
90,000 acre-feet of water per year. The District's current contract
expires in 1997 and will be renewed for another 40-year term, resulting
in an expiration date of 2036. Construction costs assigned to District
D are $24 million, and such costs are to be repaid from irrigation water
service revenues. As of October 12, 1982, the accumulated payments
credited to construction costs are $15.5 million. The unpaid balance
for full-cost is $8.5 million and the applicable interest rate is
determined to be 7 1/2 percent. Water service rates for this project
are designed to completely repay applicable expenditures by the end of
the authorized repayment period, which occurs in 2030. Amortizing the
unpaid balance over the remaining authorized repayment period of 48
years results in an annual full-cost charge of $657,945 or $7.31 per
acre-foot. Normal O&M charges would be collected annually in addition
to this rate. It should be noted that even though the contract renewal
extends beyond 2030, the repayment period is limited to the authorized
repayment period ending 2030, with full-cost rates calculated
accordingly.
(f) Interest rate calculations for full cost. In determining full
cost, the interest rates to be used will be determined by the Secretary
of the Treasury as follows:
(1) Interest rates applicable to (i) qualified recipients, (ii)
limited recipients receiving water on or before October 1, 1981, and
(iii) extended recordable contract land owned by prior law recipients
after December 22, 1987.
(A) The interest rates for expenditures made on or before October 12,
1982, shall be the greater of 7 1/2 percent per annum or the weighted
average yield of all interest-bearing marketable issues sold by the
Treasury during the fiscal year in which the expenditures were made by
the United States.
(B) The interest rate for expenditures made after October 12, 1982,
shall be the arithmetic average of (1) the computed average interest
rate payable by the Treasury upon its outstanding marketable public
obligations which are neither due nor callable for redemption for 15
years from the date of issuance at the beginning of the fiscal year in
which the expenditures are made and (2) the weighted average yield on
all interest-bearing marketable issues sold by the Treasury during the
fiscal year preceding the fiscal year in which the expenditures are
made.
(2) Interest rates applicable to (i) limited recipients not receiving
irrigation water on or before October 1, 1981, and (ii) prior law
recipients, except for land owned under extended recordable contract
after December 22, 1987. The interest rate shall be determined as of
the fiscal year preceding the fiscal year in which expenditures are made
except that the interest rate for expenditures made before October 12,
1982, shall be determined as of October 12, 1982. The interest rate
shall be based on the arithmetic average of (A) the computed average
interest payable by the Treasury upon its outstanding marketable public
obligations which are neither due nor callable for redemption for 15
years from the date of issuance and (B) the weighted average yield on
all interest-bearing marketable issues sold by the Treasury.
Note: Prior law recipients who become subject to the discretionary
provisions after April 12, 1987, will then become eligible for the
full-cost interest rate specified in paragraph (f)(1) of this section,
unless they are limited recipients that did not receive irrigation water
on or before October 1, 1981.
(g) Proportional charges for full-cost water. Methods for assessment
of full-cost water charges. In situations where water delivery charges
are contractually or customarily levied on a per-acre basis, full-cost
charges shall also be assessed on a per-acre basis. In situations where
water delivery charges are contractually or customarily levied on a per
acre-foot basis, one of the following methods must be used to assess
full-cost charges:
(1) Direct assessment. In situations where measuring devices are in
use to reasonably determine the amounts of irrigation water being
delivered to full-cost and non-full-cost land to the satisfaction of the
Secretary, assessments shall be based on the actual amounts of water
used.
(2) Proportional charges. In situations where, in the opinion of the
Secretary, measuring devices are not a reliable method for determining
the amounts of water being delivered to full-cost and non-full-cost
land, then water charges must be based on the assumption that equal
amounts of water per acre are being delivered to both types of land
during periods when both types of land are actually being irrigated.
(i) The application of rules pertaining to the assessment of
full-cost charges may be illustrated by the following:
Example (1). Farmer A, a qualified recipient, owns 960 acres
receiving irrigation water in Alpha Irrigation District. Farmer A also
leases 100 acres receiving irrigation water in Alpha Irrigation District
from another party. Alpha Irrigation District's repayment contract
specifies an annual assessment of $5.00 per irrigable acre. Alpha
Irrigation District's annual full-cost rate is calculated to be $15.00
per irrigable acre. Therefore, Farmer A's total water charge for that
year is (960 acres $5.00) plus (100 acres $15.00), for a total of
$6,300.
Example (2). Farmer B and his wife own 320 acres receiving
irrigation water in Beta Irrigation District and lease another 320 acres
receiving irrigation water in the same district. Farmer B, his wife,
and Beta Irrigation District all remain subject to prior law. Beta
Irrigation District's water service contract specifies a rate of $10.00
per acre-foot, and its full-cost rate is calculated to be $25.00 per
acre-foot. Farmer B has a turnout and measuring device to the 320 acres
he has selected to pay full cost, and a separate turnout and measuring
device to the 320 acres receiving water at the contract rate. At the
end of the water year, district records show that Farmer B received
1,000 acre-feet of water on his full-cost land, and 1,050 acre-feet of
water on his non-full-cost land. These measurements are judged to be
accurate and reliable; therefore, Farmer B's water charges for that
year are (1,000 acre-feet $25.00) plus (1,050 acre-feet $10.00) for
a total of $35,500. If accurate records showing the amounts of water
delivered to Farmer B's full-cost and non-full-cost land had not been
maintained, it would have been necessary to assume that equal amounts of
water per acre had been delivered to both types of land. Without
accurate water delivery records, Farmer B's water charges for that year
would have been (1,025 acre-feet $25.00) plus (1,025 acre-feet
$10.00) or $35,875.
Example (3). Farmer C, a qualified recipient, leases 1,000 acres in
Gamma Irrigation District where the contract rate is $5.00 per
acre-foot, and the full-cost rate is $15.00 per acre-foot. Farmer C
applies irrigation water to 960 acres and irrigates the remaining 40
acres from a private well. In one particular year, Farmer C applied
water to the land six times during the irrigation season; but in the
final two applications, his well failed, so he chose to apply irrigation
water to his entire landholding. Because there were no separate
measuring devices for the 40 full-cost acres, it was necessarily assumed
that equal amounts of water per acre were applied to the full-cost and
non-full-cost land during the final two applications of water. Gamma
Irrigation District's record showed that 600 acre-feet were delivered to
Farmer D during each of the first four applications, and 625 acre-feet
during each of the last two applications. Farmer C's water charges for
that year were calculated as follows: The first four applications did
not include any full-cost water; therefore, the appropriate charge was
(4 600 acre-feet $5.00) or $12,000. The final two applications were
96 percent contract rate and 4 percent full cost. Thus, the appropriate
charges were (2 625 acre-feet .96 $5.00) plus (2 625 .04
$15.00), or $6.750. Farmer D's total water charge for the year was
$12,000 for the first four applications plus $6,750 for the last two
applications, for a total of $18,750.
(h) Disposition of revenues obtained through full-cost water pricing.
The interest and full-cost revenues, less the appropriate non-full-cost
rate, shall be credited to the Reclamation fund unless otherwise
provided by law. The portion of the full-cost rate, which would have
been collected if the land has not been subject to full cost, shall be
credited to the annual payments due under contractual obligation from
the district.
(52 FR 11954, Apr. 13, 1987, as amended at 53 FR 50536, Dec. 16,
1988)
43 CFR 426.8 Operation and Maintenance (O&M) charges.
(a) Districts with new or amended contracts. A district which
becomes subject to the discretionary provisions as set forth in
426.5(a) (2) and (3), will be required to pay annually the actual O&M
costs chargeable to the district. They are to be paid to the United
States on a schedule that is acceptable to the Secretary. O&M costs
shall include minor replacement costs for facilities funded during the
year. Each year the Secretary shall estimate and advise the district of
its O&M charges, and the price of irrigation water will be modified, if
necessary, to reflect any changes in O&M costs. The difference between
the estimated and actual O&M costs, as determined at the end of the
annual period, will be reflected through adjustment of the following
year's O&M charges. One effect of this provision is that if a
district's contract rate, less the O&M costs of delivering water, is
positive at the time a district amends its contract solely for the
purpose of becoming subject to the discretionary provisions, as set
forth in 426.5(a)(3)(i), that positive difference will continue to be
paid annually to the United States, in addition to any adjusted O&M
costs, during the remaining term of the contract. Major replacement
costs, such as those caused by disaster, obsolescence, or otherwise,
will be capitalized under regular Bureau accounting practices.
(1) The principles of this rule may be illustrated by the following:
Example (1). A district amends its water service contract to conform
to the discretionary provisions. Prior to its amendment, the water
service contract obligated the district to pay a fixed rate of $3.50 per
acre-foot for water for the remaining 10 years of its 30-year contract
term. At the time of contract amendment, $3.00 of the contract rate are
needed to pay current O&M costs. If the district's O&M costs increase
by $0.50 per acre-foot from $3.00 to $3.50 per acre-foot in the year
after the district's amendment, then the current $3.50 rate will be
adjusted to $4.00 to reflect the $0.50 increase in O&M costs. If the
district's O&M costs increase by $0.25 per acre-foot the following year,
the district's rate would be $4.25 per acre-foot. Similar adjustments
to O&M costs would continue throughout the remaining term of the
district's contract. One effect of these adjustments is that,
subsequent to amendment and continuing throughout the remaining contract
term, the district's annual payments will be $0.50 per acre-foot higher
than its actual O&M costs.
Example (2). A district amends its water service contract for the
sole purpose of conforming to the discretionary provisions. Prior to
its amendment, the district's contract obligated it to pay a rate of
$3.00 per acre-foot of water for the remaining 10 years of its 30-year
contract. At the time of the contract amendment, the district's actual
O&M costs are $6.50 per acre-foot. Since the current contract rate of
$3.00 does not cover these O&M costs, the district's rate will be
increased to $6.50. If the district's O&M costs increase by $.50 per
acre-foot the following year, the district's rate would then be adjusted
to $7.00 per acre-foot.
Example (3). A district's repayment contract obligates it to pay
$4.00 per acre for the remaining 5 years of its 40-year contract. It is
also obligated under the terms of its contract to pay the full O&M costs
due the United States on an annual basis in addition to its repayment
obligation. If the district were to amend its contract to conform to
the discretionary provisions, no change in its present repayment
arrangement with the United States would be necessary since under the
terms of its contract it is already paying its full O&M costs on an
annual basis.
Note: Although the district's contract repayment rate would not
change, it would be further obligated because of the amendment to
conform to the discretionary provisions to collect full-cost payments
from landholders whose holdings make them subject to such payments.
(b) Landholders who make irrevocable elections. Landholders who make
an irrevocable election (thereby becoming limited or qualified
recipients) must pay their portion of the full O&M costs annually for
land in their landholding. The district(s) in which the recipient's
landholding is situated shall be required to collect from the recipient
his or her portion of the full O&M charges due and to forward such
collections to the United States. If the district's contract rate, less
the O&M costs of delivering water, is positive at the time of the
election, that positive difference will continue to be paid annually to
the United States, in addition to any adjusted O&M costs, during the
remaining term of the contract.
(c) Districts remaining under prior law. Beginning April 13, 1987,
districts remaining subject to prior law, in addition to collecting such
revenues as defined in 426.8(b), shall also collect and forward to the
United States full-cost rates for water delivered to land subject to
full cost as set forth in 426.7(c).
43 CFR 426.9 Class 1 equivalency.
(a) In general. Upon the request of any district having a contract
which conforms to the discretionary provisions, or as provided in
paragraph (g) of this section, the Bureau of Reclamation shall make a
Class 1 equivalency determination for that district. This determination
will establish for the district the acreage of land with lower
productive potential (Classes 2, 3, and 4) that would be necessary to be
equivalent in productive potential to the most suitable land in the
local agricultural economic setting (Class 1). Once these
determinations have been made, individual landowners with Classes 2, 3,
and 4 land will have the right to an increased acreage entitlement
equivalent in productive potential to 960 acres of Class 1 land, in the
case of a qualified recipient, or 640 acres of Class 1 land, in the case
of a limited recipient.
(b) Data requirements and use. Class 1 land and land in lower
classes shall be identified on a district basis by the Bureau of
Reclamation using a standard approach in which the land classification
for the entire district is considered. Equivalency factors shall then
be computed for the district and applied to specific tracts within
individual landholdings. If adequate land classification data are not
available, they shall be developed using standard procedures as set
forth in Reclamation Instructions Series 110, Part 115, Land Resources
Investigations; and Series 510, Land Classification Techniques and
Standards. Economic data will be developed using procedures found in
Reclamation Instructions Series 110, Part 116, Economic Investigations.
(1) Definition of Class 1 land. Class 1 land is defined and will be
classified as that irrigable land within a particular agricultural
economic setting which: (i) Most completely meets the various
parameters and specifications established for irrigable land classes;
(ii) has the relatively highest level of suitability for continuous,
successful irrigation farming; and (iii) is estimated to have the
highest relative productive potential measured in terms of net income
per acre (reflecting both productivity and costs of production).
The objective is to establish the acreage of each of the lower
classes of land which is equal in productive potential (measured in
terms of net farm income) to 1 acre of Class 1 land. All land that has
not been classified will be considered Class 1 land for the purposes of
determining acreage entitlement under these rules until such time as the
land has actually been classified.
(2) How land classes are determined. The extent and location of
class 1 land and land in lower land classes in a district have been, or
will be, determined by the Bureau of Reclamation, taking into account
the influence of economic and physical factors upon the productive
potential of the land lying within the district. These factors include,
but are not limited to: The physical and chemical characteristics of
the soil, topography, drainage status, costs of production, land
development costs, water quality and adequacy, elevation, crop
adaptability, and length of growing season and their effect on
agricultural practices.
(3) Level of detail. Acceptable levels of detail for land
classification studies to be utilized in making class 1 equivalency
determinations for a given district shall be evaluated on the basis of
the physical and agricultural economic characteristics of the area. In
areas for which no current classification exists or the existing
classification is unacceptable, the level of detail of the land
classification to be made will never be greater than that required to
make class 1 equivalency determinations where the sole purpose of the
classification is such a determination.
(4) Economic studies. The economic studies related to class 1
equivalency determinations will measure net farm income by land classes
within the district. Net farm income shall be determined by the
disposable income accruing to the farm operator's labor, management, and
equity from the sale of farm crops and livestock produced on irrigated
land after all fixed and variable costs of production, including costs
of irrigation service, are accounted for. Net farm income will be the
measure of productivity to establish equivalency factors reflecting the
acreage of each of the lower classes of land which is equal in
productive potential to 1 acre of class 1 land.
(5) Equivalency factors. Equivalency factors shall be determined by
comparing the weighted average farm size required to produce a given
level of income on each of the lower classes of land with the farm size
required to produce that income level on class 1 land.
(i) The principles of this rule may be illustrated by the following:
Example. Farmer X has a total landholding of 1,300 acres in District
A. That acreage includes 800 acres of class 1 land, 300 acres of class
2 land, and 200 acres of class 3 land. The equivalency factors for the
district have been determined to be: Class 1=1.0, class 2=1.20, and
class 3=1.50. Using these equivalency factors, the following landholding
in terms of class 1 equivalency would apply:
Class 1 -- 800 acres divided by 1.0=800 acres class 1 equivalent
Class 2 -- 300 acres divided by 1.2=250 acres class 1 equivalent
Class 3 -- 200 acres divided by 1.5=133 acres class 1 equivalent
Thus, Farmer X's total landholding of 1,300 acres is equal to 1,183
acres of class 1 land in terms of productive capacity. It will be
necessary for him to declare the equivalent of 223 acres of class 1 land
(1,183 acres minus 960 acres), as excess and ineligible to receive
irrigation water while in his landholding. This can be accomplished in
any of several ways. If Farmer X desires to maximize his actual
acreage, he declares 223 acres of class 1 land as excess and designates
577 acres of class 1, 300 acres (250 acres class 1 equivalent) of class
2, and 200 acres (133 acres class 1 equivalent) of class 3 as nonexcess
and eligible to receive irrigation water. This would result in a total
of 1,077 actual acres which would equal 960 acres of class 1 land in
production capacity. Or, he could maximize his holding of class 1 and 2
lands by designating as nonexcess 800 acres of class 1 land and 192
acres (192 divided by 1.2=160 acres class 1 equivalent) of class 2 land.
This total landholding of 992 acres would, again, be equal in
productive capacity to 960 acres of class 1 land. In the latter case,
all 200 acres of Farmer X's class 3 land and 108 acres of his class 2
land would be considered excess and ineligible to receive irrigation
water in his landholding.
(6) Special considerations. For equivalency purposes, all irrigable
land will be classified as either class 1, class 2, or class 3; no
other classifications are permissible. Class 4 and special-use land
classes will be allocated to one of these three classes on a
case-by-case basis.
(c) Scheduling. District requests for equivalency determinations
will be scheduled by region, with the Regional Director of each of the
six regions of the Bureau of Reclamation having responsibility for such
scheduling. Generally, requests will be honored on a
first-come-first-served basis. However, if requests exceed the region's
ability to fulfill them expeditiously, priority will be given on the
basis of greatest immediate need.
(d) Land classification costs. The Bureau of Reclamation has
provided basic land classification data as part of the project
development process since 1924. Where the Secretary determines that
acceptable land classification data are not available for making
requested class 1 equivalency determinations and where the provision of
these data was the responsibility of the Bureau of Reclamation during
the project development process, such data will be made available at
Bureau of Reclamation expense. Districts in projects authorized for
construction prior to 1924 must pay one-half the costs of new land
classification studies required to make accurate equivalency
determinations.
(e) Economic study cost. The cost of performing new or additional
economic studies and computations inherent in the equivalency process
shall be the responsibility of the requesting district.
(f) Appeals. When basic land classification data are available for a
district, but the district does not agree with its accuracy or assets
that the data have become outdated, the district may request, and the
Bureau of Reclamation may perform, a reclassification under the
authority contained in the Reclamation Project Act of 1939 (Pub. L.
76-260). The requesting district shall pay for one-half of the cost of
performing such reclassifications and the full cost of all other studies
inherent in the equivalency process.
(g) Individual requests. Individual requests for class 1 equivalency
determinations will be accepted if the individual landowner, in the
absence of district action, has made an irrevocable election to come
under the discretionary provisions and if the district agrees to pay for
the determination for the entire district. (The arrangement between the
landowner and the district to pay the cost of the equivalency
determination does not involve or concern the United States.) Requests
for equivalency must be made by or through the district. Equivalency
will be applied only to that land which is the subject of an individual
election for which equivalency has been requested.
(1) The application of this rule may be illustrated by the following:
Example (1). A district with an existing contract decides not to
amend its contract to come under the discretionary provisions. However,
an individual landowner within the district may make an irrevocable
election to come under these provisions. The landowner can request
equivalency through the district, and the district may request the
Secretary to make the equivalency determination for the entire district.
The district would be required to pay the United States for the cost of
making the equivalency determination. The payment of the costs between
the landowner and the district would be a district matter. The
application of equivalency would be available only to the landowner(s)
who exercise an irrevocable election.
Example (2). A district decides to amend its contract to come under
the discretionary provisions, but it elects not to request equivalency.
Thus, individual landholders within the district are not entitled to
equivalency until after the district makes the equivalency request and
the Bureau of Reclamation has acted upon that request.
(h) Excess land. Until a final determination has been made by the
Bureau of Reclamation on the district's request for equivalency, all
land exceeding the basic ownership entitlement for qualified or limited
recipients must be under recordable contract in order to be eligible for
irrigation water. Once the determination has been made, the qualified
recipient may withdraw land from the recordable contract in order to
reach an acreage equivalent to 960 acres of class 1 land, and the
limited recipient may withdraw land from the recordable contract in
order to reach an acreage equivalent to 640 acres of class 1 land. The
requirement that land under recordable contract be sold at a price
approved by the Secretary does not apply to land which is withdrawn from
a recordable contract and included as part of a landowner's nonexcess
land as a result of an equivalency determination.
(1) Protection during classification. The Bureau of Reclamation will
protect the excess landowner's property interests by ensuring that
equivalency determinations are completed in advance of maturity dates on
recordable contracts, provided the district's request for an equivalency
determination was made at least 6 months prior to the maturity of the
recordable contract and the district fulfills its obligations under
426.9 of these rules.
(2) Protection during appeal. In cases of equivalency determination
appeals, the Secretary will not undertake the sale of the reasonable
increment of the excess land under material recordable contract which
could be affected by a reclassification as long as the appeal is
determined by the Secretary not to be an attempt to thwart the sale of
excess land.
(i) Full-cost charges. Once the Bureau of Reclamation has acted upon
the district's request and made a final equivalency determination, the
full-cost water pricing structure would not come into effect until the
total landholding westwide exceeds the qualified or limited recipient's
non-full-cost entitlement with equivalency. During the time when the
determinations were being made, however, the full-cost rate would be
assessed on land receiving water in excess of the qualified or limited
recipient's non-full-cost entitlement. If the qualified or limited
recipient's basic entitlement is increased because of the equivalency
determination, he or she shall be reimbursed any overcharges which were
paid during the period between the time of the request for an
equivalency determination and the Bureau of Reclamation's final
determination.
(1) The principles of this paragraph may be illustrated by the
following:
Example (1). Landholder X is a qualified recipient who owns no land,
but leases 1,100 acres in a district which has requested equivalency.
The land leased is a mix of classes 1, 2, and 3 land. During the time
the equivalency determination was being made, Landholder X would be
required to pay the full-cost water rate on 140 acres (1,100 acres
leased minus the basic 960-acre non-full-cost entitlement) if he elected
to continue to receive irrigation water on that land. Once the
equivalency determinations had been completed, Landowner X would be
entitled to lease the equivalent of 960 acres of class 1 land at the
non-full-cost rate (something greater than 960 acres). Landowner X
would also be reimbursed for full-cost payments made for land which
became non-excess as a result of the equivalency determination.
Example (2). Landholder Y is a limited recipient who owns 600 acres
of irrigation land and leases another 160 acres in District A. District
A has requested and received an equivalency determination. However,
Landholder Y was not receiving project water on or before October 1,
1981. Thus, even with equivalency, he would be required to pay the
full-cost water rate for all land served in his landholding. (If
Landholder Y had been receiving project water on or before October 1,
1981, he would have been entitled to receive water on the equivalent of
320 acres of class 1 land at the non-full-cost rate. Deliveries on the
remaining 440 acres or less, would be at the full-cost rate.)
(j) Multidistrict landholdings. A landholder with holdings in more
than one district is entitled to equivalency only in those districts
which have requested equivalancy (or are already subject to
equivalency). That part of the landholding in a district or districts
not requesting equivalency will be counted as class 1 land for purposes
of overall entitlement.
(1) The application of this rule may be illustrated by the following:
Example (1) Landholder X is a qualified recipient and owns 320 acres
in each of three districts. One of those districts, District A,
requests and receives an equivalency determination. From the
equivalency determination, Landholder X is shown to own the equivalent
of 240 acres of class 1 land in District A. Landholder X is therefore
entitled to buy and receive irrigation water on an additional 80 acres
of irrigation land in some other district or he could lease 80 acres in
some other district and receive irrigation water for it at the
non-full-cost rate. In District A itself, Landholder X could buy an
addition 80 acres of class 1 land or something greater than 80 acres of
class 2 or 3 land. If Landholder X preferred to lease in District A, he
could lease 80 acres of class 1 land or something greater than 80 acres
of class 2 or 3 land and receive irrigation water for that leased land
at the non-full-cost rate.
Example (2). Landholder Y owns 1,200 acres in District A and 160
acres in District B. Landholder Y is a qualified recipient and has
designated 800 acres in District A as nonexcess and put the 400 acres of
excess land under recordable contract so that it can be irrigated while
still in his ownership. Subsequent to this nonexcess land designation,
District A requests and receives an equivalency determination.
Landholder Y is then free to withdraw excess land from recordable
contract to take advantage of the equivalency determination in District
A. Landholder Y, when able to show good cause, may even redesignate the
nonexcess land under recordable contract, 426.11(b), if an appraisal of
the excess land has not already been requested and performed. The
maturity date as determined in the original contract, however, would not
change.
(k) Existing equivalency determinations. In districts where
equivalency was a provision of project authorization, those equivalency
factor determinations will be honored as originally calculated unless
the district request a reclassification.
43 CFR 426.10 Information requirements.
(a) In general. Districts, qualified recipients, limited recipients,
prior law recipients and natural persons or legal entities operating
irrigation land under an agreement described in 426 7(a)(1)(i) shall
provide the Secretary upon request in a form suitable to the Secretary
such records and information as the Secretary may deem reasonably
necessary to implement Pub. L. 97-293 and Federal Reclamation law.
(b) Certification. Landowners and lessees within a district which
has a contract that conforms to all provisions of Title II shall furnish
the district, in a form provided by the Bureau of Reclamation, a
certificate declaring the irrigable and irrigation land that they own
and lease and providing other information pertinent to their compliance
with Reclamation law.
(1) Irrevocable electors. Landowners or lessees who, in the absence
of a district amending its contract, have made an irrevocable election
to be subject to Title II must also certify through the nonamending
district that they are in compliance.
(c) Reporting. Prior law landowners and lessees must report through
the district the irrigable and irrigation land in their ownership and
the extent and conditions of any leases. They must declare the
irrigation land that they own and lease and provide other information
pertinent to their compliance with Reclamation law. The reporting form
will be provided to the district by the Bureau of Reclamation.
(d) Certification and reporting form data requirements. (1)
Certification and reporting forms will require a full disclosure of
irrigable and irrigation land owned and leased in all districts; the
identification of the operator or operators of that land; the number of
acres leased; the terms of any lease; and in the case of the
certification forms, certification that the rent paid reflects the
reasonable value of the irrigation water to the productivity of the
land. The Secretary may require the parties to any lease to submit to
him or her a complete copy of the leases.
(2) If requested by the Secretary, all members of a qualified
recipient must be identified. Similarly, a limited recipient can be
required to identify only those participants or shareholders who: (i)
Own more than 4 percent of the limited recipient and (ii) such ownership
interest would constitute an attribution of ownership to such
participant or shareholder of more than 40 acres.
(e) Schedule for completing certification and reporting forms.
Certification and reporting forms will be required annually as a
condition for the receipt of irrigation water except as provided in
paragraphs (f) and (g) of this section. If a landholder's ownership or
leasing arrangements change in some way, the landholder shall notify the
district office, either verbally or in writing, within 15 days of the
change and submit new certification or reporting forms within 30 days of
the change.
(f) Short form availability. If no change has occurred in a land
ownership or leasing arrangement between annual certification and
reporting dates, a short verification form will be available for
completion to satisfy the certification or reporting requirement. This
form will make it possible for the landowner or lessee to simply
validate that the information contained on the last fully completed form
is still accurate.
(g) Exemptions. Landowners and lessees whose total direct and
indirect interest in a landholding on a westwide basis is 40 acres or
less are exempt from the certification and reporting requirements.
(h) District participation. Each district shall be required to make
the necessary blank certification and/or reporting forms available to
district landholders and to keep the current certification and reporting
forms on file and available for Bureau of Reclamation inspection. All
superseded certificates and reports should be retained by the district
for 3 years, and thereafter may be destroyed by the district, except
that the last fully completed certification and reporting form (other
than the verification form) must always be kept on file with the current
verification form so that all the landowners' and lessees' land may be
identified. Additionally, each district will be required to summarize
the information contained on these documents and submit the summary to
the Bureau of Reclamation annually. The summary form to be used by the
district will be provided by the Bureau of Reclamation. The district
shall notify the Bureau of Reclamation of any discrepancies in the
certification and reporting forms.
(i) Auditing. The Secretary will conduct field audits, as necessary,
to ensure compliance with Reclamation law and these regulations.
(j) False statements. The following statement will be included in
all certification and reporting forms:
Under the provisions of 18 U.S.C. 1001, it is a crime punishable by 5
years imprisonment or a fine of up to $10,000, or both, for any person
knowingly and willfully to submit or cause to be submitted to any agency
of the United States any false or fraudulent statement(s) as to any
matter within the agency's jurisdiction.
False statements by the landowner or lessee will result also in loss
of eligibility. Eligibility could only be regained upon the approval of
the Secretary.
(k) Failure to report. Failure to submit the required certification
or reporting form to the district will result in loss of eligibility to
receive irrigation water by the individual landowner or lessee.
Eligibility will be regained once the certification or reporting form is
submitted to the district.
(l) OMB approval. The information collection requirements contained
in this section have been approved by the Office of Management and
Budget under 44 U.S.C. 3501 et seq. and assigned clearance Nos.
1006-0004, 1006-0005, 1006-0006. The information is being collected to
comply with sections 206, 224(c), and 228 of Public Law 97-293. These
sections require that, as a condition to the receipt of irrigation
water, each landowner and lessee in a contracting entity which is
subject to the acreage limitation provisions of Reclamation law, as
amended and supplemented by Public Law 97-293, will furnish to his or
her district annually a certificate/report which indicates that he or
she is in compliance with the provisions of Reclamation law. The
information collected on each landholding will be summarized by the
district and submitted to the Bureau in a form prescribed by the
Secretary. Completion of these forms is required to obtain the benefit
of irrigation water.
(m) Application of Privacy Act of 1974. The information submitted in
accordance with the certification and reporting requirement is subject
to the provisions of the Privacy Act of 1974. As a condition to the
execution of a contract, the Secretary shall require the inclusion of a
standard contract article providing that the district agrees to comply
with the Privacy Act of 1974 and 43 CFR part 2, subpart D, in
maintaining the landholder certification and reporting forms.
(52 FR 11954, Apr. 13, 1987, as amended at 53 FR 50537, Dec. 16,
1988)
43 CFR 426.11 Excess land.
(a) In general. As set forth in 426.4(g), excess land means
irrigable land, other than exempt land, owned in excess of a landowner's
ownership entitlement under Reclamation law. In determining excess
land, all irrigable land in all districts held by any landowner shall be
considered. Delivery of irrigation water to excess lands is allowed
only if any one of the following conditions applies: (1) The excess
land has been placed under recordable contract by the landowner, or (2)
the land was involuntarily acquired into excess status through
inheritance, foreclosure, or other similar involuntary process.
(b) Designation of nonexcess land. The owner of excess land shall
designate that portion of his or her irrigable land that is to be
considered nonexcess, in accordance with the instructions on the
certification and reporting forms. If a landowner does not make a
designation on these forms, designation shall be in accordance with
provisions in the district's repayment or water service contract,
provided designation procedures are specified in the contract and the
entire landholding is in one district.
(1) Designation procedures when not established by contract. If
designation provisions are not specified in the district contract, the
landowner must designate that portion of the land in the ownership which
is to constitute the nonexcess entitlement within 30 days of Secretarial
notification to the district and that landowner. The designation will
take into account all irrigable land owned by the landowner. If the
landowner fails to make the nonexcess designation within 30 days, the
district shall make the designation within 30 days thereafter. If the
district does not make the required designation, the Secretary shall
then make the designation.
(2) Designation procedures if land is owned in more than one
district. If the land in the ownership is situated in more than one
district, the landowner has 60 days from the date of notification to the
district and the landowner to make the designation. The Secretary shall
make the designation for the landowner if designation is not made within
60 days.
(3) Status of nonexcess land and redesignation. The nonexcess
designation, whether made by the landowner, the district, or the
Secretary, will be binding on the land and will be filed with the
district and the Bureau of Reclamation. These regulations governing
excess land will apply to the excess land resulting from that
designation. A landowner may redesignate his or her nonexcess land from
excess land in the ownership in accordance with the following
procedures: Redesignations may be made without the approval of the
Secretary in those cases where:
(i) The excess land becomes eligible to receive irrigation water as a
result of a landowner becoming subject to the discretionary provisions
as set forth in paragraphs (c) (1) and (2) of this section,
(ii) Recordable contracts are amended to conform to the expanded
acreage limitations of the discretionary provisions as set forth in
paragraph (g) of this section, or
(iii) The excess land becomes eligible to receive irrigation water as
a result of equivalency determinations, 426.9.
All other situations involving redesignation of nonexcess land from
excess land must be approved by the Secretary. A redesignation proposal
will not be approved if it is being used for the purpose of achieving,
through repeated redesignation, an effective farm size in excess of that
permitted by Reclamation Law. Furthermore, excess land in the ownership
may not be designated as nonexcess once an owner sells some or all of
the land in his or her current nonexcess designation. When a
redesignation involves an exchange of nonexcess land for excess land, a
landowner who is not eligible for equivalency must make an equal
exchange of acreage through the redesignation. If the landowner is
eligible for equivalency, the redesignation may be made on the basis of
equivalent acres. The application of this rule may be illustrated by
the following:
Example (1). Landowner X owns 1,200 acres of irrigable land in
District A. He purchased this land before the district entered its
first repayment contract with the United States after October 12, 1982.
Landowner X, as a qualified recipient, designates 960 of his 1,200 acres
as nonexcess. With the approval of the Secretary, Landowner X may
designate the 240 acres, which are now excess, as nonexcess and eligible
to receive irrigation water, provided he redesignates 240 acres of
presently nonexcess land as excess.
Example (2). Landowner Y is a U.S. citizen and a qualified recipient
by virtue of District A's contract amendment to conform to the
discretionary provisions. Landowner Y purchased 1,400 acres of
irrigable land in this district before the district entered a repayment
contract to receive an irrigation water supply. After the district's
amendment, Landowner X designates 960 acres of this land as nonexcess.
Subsequent to this designation, the district requests and receives an
equivalency determination. All 1,400 acres of Landowner Y's land is
class 3 land, and in District A, 1 acre of class 1 land is equal to 1.4
acres of class 3 land. With equivalency, Landowner Y may irrigate 1,344
acres of class 3 land in District A. Thus, he may redesignate
everything in his ownership as nonexcess except for 56 acres. In the
future, if Landowner Y sells some of this 1,344 acres of nonexcess land,
he may not designate any of the 56 excess acres as nonexcess.
(4) Acquisition of excess land. A landowner may purchase or
otherwise acquire excess land and nonexcess land subject to a deed
covenant as set forth in 426.11(h) at a Secretarially approved price,
to be held as nonexcess, up to his or her ownership entitlement and,
upon expiration of the terms of the deed covenant, resell such land at
fair market value only once. Once a landowner has reached this limit,
any additional excess land or land subject to a deed covenant becomes
ineligible to receive irrigation water until it is sold to an eligible
buyer at a Secretarially approved price as set forth in 426.12.
(i) The application of this rule may be illustrated by the following:
Example. Farmer Y, who owns irrigable land in excess of his ownership
entitlement, sells 960 acres of his excess land to Farmer X, a qualified
recipient, at a Secretarially approved price. Farmer X owns no other
irrigable land and designates the 960 acres as nonexcess and eligible to
recieve irrigation water in his ownership. After the 10-year period of
the deed covenant expires, Farmer X sells the 960 acres at fair market
value and purchases another 960 acres of irrigable land located in yet
another district. Farmer X purchases the latter parcel at a
Secretarially approved price because the land was excess in the seller's
holding. However, since Farmer X has already reached his 960-acre limit
for recapturing the fair market value of land purchased at a
Secretarially approved price, the newly purchased land is not eligible
to receive irrigation water while in his holding. In order to regain
eligibility, the land must be sold to an eligible buyer at a
Secretarially approved price. Farmer X may purchase and receive
irrigation water on another 960 acres, provided it is bought from
nonexcess status.
(c) Treatment of land ineligible under prior law. Irrigable land
ineligible under prior law will be treated as follows:
(1) Irrigable land owned on the date of a district's first repayment
or water service contract. Irrigable land owned on the date of the
district's first water service or repayment contract and which becomes
ineligible for service because it is in excess of the ownership
limitations under prior law may be made eligible as follows: The
landowner can become subject to the discretionary provisions through
either an irrevocable election or a contract amendment by the district
and may designate the excess land, up to his or her entitlement, as
nonexcess. If the landowner does not become subject to the
discretionary provisions, or if there is any excess land remaining after
the landowner becomes subject to the discretionary provisions, the
excess land can be made eligible by placing it under recordable
contract, provided the period for executing recordable contracts under
the district's contract has not expired. The excess land can also be
sold to an eligible buyer at a Secretarially approved price, as set
forth in 426.12, or redesignated as nonexcess with the approval of the
Secretary, as set forth in paragraph (b)(3) of this section.
(i) The principles of this rule may be illustrated by the following:
Example (1). Landowner Z is a resident alien and owns 480 acres of
irrigable land in District A. Landowner Z has designated 160 acres as
nonexcess, and it is receiving irrigation water. Following this
designation, District A amends its contract to conform to the
discretionary provisions. As a result of the district amendment,
Landowner Z satisfies the requirements for a qualified recipient and may
designate all 480 acres owned as nonexcess.
Example (2). Landowner Y and his wife own 1,200 acres of irrigable
land in District B which is subject to prior law. They owned this land
even before District B entered into a repayment contract with the United
States. Landowner Y and his wife have designated 320 acres as nonexcess
and eligible to receive irrigation water. The remaining 880 acres are
excess and ineligible to receive irrigation water. This excess land
cannot be placed under recordable contract because the 10-year grace
period for executing recordable contracts, as provided in the district's
contract, has expired.
Landowner Y makes an irrevocable election to conform to the
discretionary provisions. By that election, Landowner Y becomes a
qualified recipient, and is entitled to own and receive irrigation water
on 960 acres. Landowner Y's remaining 240 acres can become eligible if
he sells it to an eligible buyer at an approved price or redesignates
it, with the approval of the Secretary, as nonexcess.
(2) Irrigable land acquired after the date of a district's first
repayment or water service contract. Irrigable land acquired by a
landowner after the date of a district's first repayment or water
service contract and which is ineligible for service under prior law may
become eligible as follows:
(i) Nonexcess land purchased into excess. Land which is ineligible
because it was purchased from nonexcess status into excess status may
become eligible to receive irrigation water if the landowner becomes
subject to the discretionary provisions and redesignates the land, up to
his entitlement, as nonexcess. If the landowner does not become subject
to the discretionary provisions in accordance with these procedures, or
if there is any excess land remaining after the landowner becomes
subject to the discretionary provisions, the excess land can regain
eligibility as follows: Irrigation land acquired from nonexcess status
into excess status after irrigation water was available to the land can
regain eligibility if either the sale is canceled or the land is sold to
an eligible buyer in a sale or transfer at a price and on terms approved
by the Secretary or if redesignation of the land is approved by the
Secretary. In addition, if the land was acquired into excess before
irrigation water was available to it, the land can be placed under
recordable contract when the water supply becomes available.
(ii) Excess land acquired without price approval and other ineligible
land. Land which is ineligible because it was acquired from excess
status without Secretarial price approval or because the landowner did
not comply with some other requirements of law as determined by the
Secretary can regain eligibility if it is sold to an eligible buyer at a
price approved by the Secretary. Land purchased without Secretarial
price approval can also regain eligibility if the sale price is reformed
to conform to the excess land value.
(A) The principle of this rule may be illustrated by the following:
Example (1). Landowner Z is a resident alien and owns 160 acres of
irrigation land in District A. District A is subject to prior law.
Landowner Z purchases an additional 160 acres which had been designated
nonexcess while in the landholding of the seller. Since Landowner Z has
purchased himself into excess status, the newly purchased land becomes
ineligible to receive irrigation water in his holding. However, 3 weeks
later, Landowner Z makes an irrevocable election. Since he meets the
requirements of a qualified recipient and since he has become subject to
the discretionary provisions, Landowner Z may designate the newly
purchased 160 acres as nonexcess. As a qualified recipient, he may also
purchase and receive irrigation water on another 640 acres of eligible
land.
Example (2). In 1986, Landowner X bought 160 acres of irrigable land
from excess status in District A. Landowner X, however, failed to get
sale price approval from the Secretary. This land is ineligible for
service in his holding unless the seller is willing to reform the sale
price to conform to the excess land value. If the price is not
reformed, the 160 acres must be sold to an eligible buyer at a
Secretarially approved price in order to be eligible for irrigation
water.
(d) Irrigable land which becomes ineligible under the discretionary
provisions. Irrigable land which becomes ineligible under the
discretionary provisions shall be treated as follows:
(1) In a district which first becomes subject to Reclamation law
because it enters a repayment or water service contract after October
12, 1982, irrigable land owned on the date of the district's contract
and which is in excess of the ownership limitations under the
discretionary provisions can be made eligible if it is: (i) Placed
under recordable contract, provided the period for executing recordable
contracts under the district's contract has not expired; (ii) sold to
an eligible buyer in a sale or transfer at a price and on terms approved
by the Secretary; or (iii) redesignated as nonexcess with the approval
of the Secretary as set forth in paragraph (b)(3) of this section.
(2) In a district which first becomes subject to the ownership
limitations of Reclamation law after October 12, 1982, if irrigable land
for which irrigation water is available is acquired from nonexcess
status into excess status after the date of the district's contract, it
shall remain ineligible until the sale is canceled, or the land is sold
to an eligible buyer at a price and on terms approved by the Secretary,
or redesignated with approval by the Secretary. If irrigation water was
not available to such land at the time of purchase, the land can be
placed under recordable contract when the water becomes available. In
such districts, if land is ineligible because it was purchased from
excess status without price approval, eligibility can be regained if the
sale price is reformed to conform to a Secretarially approved price or
if the land is sold to an eligible buyer at a price approved by the
Secretary.
(3) In a district which was once subject to prior law but which has
become subject to the discretionary provisions, irrigable land which
becomes ineligible after the discretionary provisions are applicable,
can be made eligible in the same ways described in the preceding
paragraph, 426.11(d)(2).
(i) The principle of these rules may be illustrated by the following:
Example. In 1980, Landowner X, a U.S. citizen, buys 1,920 acres of
land in District A. In addition to its own water supply, District A
wishes to receive supplemental irrigation water. Therefore, it enters
into a water service contract with the United States on May 14, 1984.
Thereby, the landowners in the district become subject to the
discretionary provisions. As a qualified recipient, Landowner X may
receive irrigation water on any 960 acres which he designates as
nonexcess. The remaining 960 acres are excess and ineligible for
service until Landowner X places the land under recordable contract,
sells it to an eligible buyer at a price approved by the Secretary, or
receives Secretarial approval to redesignate the land as nonexcess.
If Landowner X had purchased the 1,920 acres from nonexcess status in
1985, rather than before the date of the district's contract, he still
would have been able to designate 960 acres as nonexcess and eligible to
receive irrigation water. However, the remaining 960 acres of excess
land would not have been eligible until sold to an eligible buyer at a
Secretarially approved price, the sale is canceled, or he receives
Secretarial approval to redesignate the land as nonexcess. The excess
acres could not have been placed under recordable contract unless
irrigation water had not been available when the land was purchased.
(e) Recordable contracts. Excess land may become eligible to receive
irrigation water if the owner enters into a recordable contract with the
Secretary, provided such excess land is eligible to be placed under
recordable contract. The excess owner must agree to dispose of the
excess land, excluding mineral rights and easements, to an eligible
owner under terms and conditions and at a sale price approved by the
Secretary in accordance with 426.12. The period allowed for the
disposition of excess land under recordable contracts executed after
October 12, 1982, may not exceed 5 years from the date the recordable
contract is executed by the Secretary (except for the Central Arizona
Project where the disposition period provided will be 10 years from the
date water becomes available to the land). Water deliveries may begin
on the date the Secretary receives a written request from the landowner
to execute a recordable contract. The landowner has 20 working days
from the date to execute the recordable contract unless the Secretary
waives the 20-day limitation. Land placed under recordable contract may
receive irrigation water at the rate specified in the contract of the
district so long as it is in the landholding of a prior law recipient.
In the case of qualified and limited recipients, the rate must cover at
least the annual O&M costs. However, land under recordable contract
which is leased to another may become subject to the full-cost
provisions if the lessee's landholding exceeds the specified
non-full-cost entitlement. Furthermore, if a landowner with land under
recordable contract exceeds his or her non-full-cost entitlement,
nothing precludes the landowner from selecting land under recordable
contract as the land for which the full-cost rate must be paid, unless
such land is already subject to full-cost pricing under an extended
recordable contract as set forth in paragraph (i)(4) of this section.
(1) The principles of this rule may be illustrated by the following:
Example (1). Landowner X is a qualified recipient and owns 1,400
acres of irrigable land in District A. The landowner places 440 acres
under recordable contract so that he may receive irrigation water at the
non-full-cost rate on all owned land in the district. Subsequently,
Landowner X leases the 440 acres under recordable contract to Landowner
Y who is a limited recipient that did not receive irrigation water prior
to October 1, 1981. Therefore, the full-cost rate must be paid for
irrigation water delivered to the 440 leased acres. Leasing the land to
Landholder Y does not affect other terms of the recordable contract.
Example (2). Farmer X owns 1,280 acres of irrigable land in District
A. District A, which is subject to prior law, has a fixed-rate water
service contract which no longer covers actual O&M costs. Farmer X has
designated 160 acres of his land as nonexcess and has placed the
remaining 1,120 acres under recordable contract. This means that Farmer
X is able to receive irrigation water at the contract rate on all his
owned land. Subsequently, District A amends its contract to become
subject to the discretionary provisions. As provided in 426.11(g),
Farmer X withdraws 800 acres from under recordable contract and
redesignates that land as part of his 960-acre entitlement as a
qualified recipient. Since Farmer X is now a qualified recipient, the
higher of the contract rate or full O&M costs must be paid for all land
in his landholding, including the 320 acres remaining under recordable
contract.
(f) Restriction on placing excess land under recordable contract.
Except as provided in 426.6(h), if a landowner acquires irrigation land
for which irrigation water is available and by so doing places himself
or herself in excess status, the landowner shall not be permitted to
place the land so acquired under recordable contract. Such excess land
can only regain eligible status as described in paragraphs (c)(2) and
(d) (2) and (3) of this section.
(g) Recordable contracts in effect prior to October 12, 1982.
Recordable contracts executed prior to October 12, 1982, will continue
in effect. However, landowners with such existing recordable contracts
may request that their contracts be amended to conform to the expanded
ownership limitations contained in title II. The Secretary shall amend
those contracts when requested by a landowner if: (1) Any district
where the landholder holds land, enters into a new or amended contract
which conforms to the discretionary provisions or (2) the excess
landowner makes an individual election.
The disposition period for such amended recordable contracts shall
not be extended as provided in paragraph (i) of this section. If a
landowner becomes subject to the discretionary provisions and amends his
or her nonexcess designation to include land that had been under
recordable contract, such land shall not be subject to the 10-year deed
covenant requiring Secretarial sale price approval as set forth in
paragraph (h) of this section.
(h) Price approval on excess land -- (1) Deed covenant. In order for
land acquired from excess status after October 12, 1982, whether under
recordable contract or not, to be eligible to receive irrigation water,
the following covenant controlling the sale price of such land must be
placed in the deed transferring the land to the purchase, except as
provided in paragraphs (j) and (k) of this section.
This covenant is to satisfy the requirements in 209(f)(2) of Pub.
L. 97-293. This covenant expires on ------ . Until the expiration date
specified herein, sale price approval is required on this land. Sale by
the landowner and his or her assigns of these lands for any value that
exceeds the sum of the value of newly added improvements plus the value
of the land as increased by the market appreciation unrelated to the
delivery of irrigation water will result in the ineligibility of this
land to receive Federal project water, provided however:
(i) The terms of this covenant requiring price approval shall not
apply to this land if it is acquired into excess status pursuant to a
bona fide involuntary foreclosure or similar involuntary process of law,
conveyance in satisfaction of a debt (including, but not limited to, a
mortgage, real estate contract, or deed of trust), inheritance, or
devise, (hereinafter Involuntary Conveyance). Thereafter, this land may
be sold to a landholder at its fair market value without regard to any
other provision of the Reclamation Reform Act of 1982 approved October
12, 1982, (43 U.S.C. 390aa, et seq.), or to Section 46 of the Act
entitled ''An Act to adjust water rights charges, to grant certain
relief on the Federal irrigation projects, and for other purposes'',
approved May 25, 1926 (43 U.S.C. 423e);
(ii) If the status of this land changes from nonexcess into excess
land after a mortgage or deed of trust in favor of a lender is recorded
and this land is subsequently acquired by a bona fide Involuntary
Conveyance by reason of a default under that loan, this land may
thereupon or thereafter be sold to a landholder at its fair market
value;
(iii) The terms of this covenant requiring price approval shall not
apply to the sale price obtained at the time of the Involuntary
Conveyances described in subparagraphs (i) and (ii), nor to any
subsequent voluntary sales by a landholder of this land after the
Involuntary Conveyances or any subsequent Involuntary Conveyance;
(iv) Upon the completion of an Involuntary Conveyance, the Secretary
of the Interior shall reconvey or otherwise terminate this covenant of
record.
Note: The date to be included shall be 10 years from the date the
land was first transferred from excess to nonexcess status.
(2) Involuntarily acquired land. Upon acquisition of land burdened
by such a deed convenant through involuntary foreclosure or similar
involuntary process of law, conveyance in satisfaction of a debt
(including, but not limited to, a mortage, real estate contract, or deed
of trust), inheritance, or devise, the deed covenant shall be removed by
the Secretary at the request of the acquiring party, by a release of
equitable servitude or other appropriate legal instrument.
(i) Extension of disposition periods for recordable contracts.
Owners of excess land under recordable contract who were prevented from
selling their excess land because of Secretarial moratorium or court
order shall be allowed an additional period of time to sell their excess
land under recordable contract in the manner described in paragraphs (i)
(1), (2), and (3) of section.
(1) Westlands Water District, California. Beginning July 10, 1984,
the Secretary again commenced processing the sales of excess land under
recordable contract in the Westlands Water District, California. Such
land will be allowed a period of time equal to the time remaining on
that recordable contract on August 13, 1976, to sell land under
recordable contract. The Secretary will notify the affected landowners
as to applicable dates.
(i) The principles of this rule may be illustrated by the following:
Example. A landowner in the Westlands Water District entered into a
recordable contract on October 13, 1972. The recordable contract
provided for a 10-year disposition period which would end on October 13,
1982. On August 13, 1976 (the date of the court-ordered moratorium on
processing sales of excess land in the Westlands District), there were 6
years and 2 months remaining in the disposition period. The
court-ordered moratorium was lifted and the Secretary commenced
processing sales of excess land in the Westlands Water District on July
10, 1984, the disposition period for the recordable contract will be
extended for 6 years and 2 months from that date or to September 10,
1990. The contract will mature at that time and the Secretary's
power-of-attorney to sell the land will vest.
(2) All other districts. A moratorium on processing sales of excess
land was issued by the Secretry on June 27, 1977. This moratorium
applied to all landowners with recordable contracts in all districts
other than the Westlands Water District. The Commissioner of
Reclamation delayed sales by other directives. Landowners affected by
these actions were given an additional period of time to dispose of
their land. The extension was calculated from the May 21, 1984, date
that processing sales of excess land was resumed and was equal to the
time remaining on the recordable contract when the moratorium was
imposed. The resumption date was determined by the Secretary, and he
notified all affected landowners.
(i) The principles of this rule may be illustrated by the following:
Example. A landowner in District A entered into a recordable contract
on June 27, 1975. The recordable contract provided for a 10-year
disposition period which would end June 27, 1985. The landowner was
prevented from selling the land under recordable contract by the
Secretarial moratorium of June 27, 1977. At that date, the recordable
contract had a remaining disposition period of 8 years. The disposition
period for the recordable contract will be extended 8 years from the
date processing sales is resumed. The resumption date of May 21, 1984,
was determined by the Secretary.
(3) How extensions of recordable contracts are to be accomplished.
The Secretary shall prepare and execute amendatory agreements to extend
recordable contracts for the appropriate period of time. The amendatory
agreement will establish the new maturity date for the recordable
contract and will be recorded by the Secretary in the official records
of the county in which the land covered by the recordable contract is
located. A copy of the amendatory agreement will also be sent to the
affected landowner by the Secretary.
(4) Water rates for land under extended recordable contracts. Land
under recordable contract may continue to receive irrigation water
deliveries at the non-full-cost rate for the original disposition period
of the recordable contract. The rate for irrigation water deliveries to
land under recordable contract during the extended contract period shall
be determined as follows:
(i) For land under recordable contract owned by qualified and limited
recipients, the non-full-cost rate shall apply until the date 18 months
after the date the Secretary resumes the processing of excess land
sales, or until the extended contract period expires, whichever occurs
first, and after the date 18 months from the date the Secretary resumes
the processing of excess lands sales, water deliveries shall be made at
the full-cost rate through the effective termination date of the
extended recordable contract,
(ii) For land under extended recordable contract owned by prior law
recipients, water deliveries shall be made at the full-cost rate
described in 426.7(f)(1) commencing December 23, 1987, through the
effective termination date of the extended recordable contract. The
principles of this rule may be illustrated by the following:
Example (1). Landowner X entered into a recordable contract on June
27, 1972. The recordable contract provided for a 10-year disposition
period which ended on June 27, 1982. However, Landowner X was prevented
from selling the land by the Secretarial moratorium of June 27, 1977.
The district in which the land is located amended its contract to
conform to the discretionary provisions on January 1, 1983. Since
Landowner X had 5 years remaining on the original recordable contract
when the moratorium was imposed, the contract will be extended for 5
years from the date the processing of the sale is resumed. The
resumption date will be determined by the Secretary. Landowner X must
pay the full-cost rate, however, for any irrigation water delivered to
the land under extended recordable contract beginning 18 months from the
date the moratorium is lifted.
Example (2). Landowner Y entered into a recordable contract with a
10-year disposition period on June 27, 1976. Landowner Y was prevented
from selling the land by the Secretarial moratorium of June 27, 1977.
At that time, 9 years remained in the disposition period of the
recordable contract. The district in which the land is located amended
its contract to conform with the discretionary provisions of title II on
January 1, 1983. The Secretary resumes the processing of the excess
land sale on May 21, 1984. The original disposition period of the
recordable contact expires on June 27, 1986, which is more than 18
months after the Secretary resumed the processing of the excess land
sale. Therefore, Landowner Y must pay the full-cost rate for water
deliveries to that land beginning June 27, 1986, for the duration of the
extended contract period. The extended contract period will expire on
May 21, 1993, 9 years after the Secretary resumed the processing of the
excess land sale.
Example (3). Landholder Z entered into a recordable contract on June
27, 1974. The recordable contract provided for a 10-year disposition
period that ended on June 27, 1984. However, Landowner Z was prevented
from selling the land by the Secretarial moratorium of June 27, 1977.
The Secretary resumed the processing of excess land sales on May 21,
1984. Landholder Z had 7 years remaining on his recordable contract
when the moratorium was imposed; therefore, the contract will be
extended for 7 years from May 21, 1984, or until May 21, 1991.
Landholder Z's land is located in a district that remains subject to
prior law, and Landholder Z has not made an irrevocable election to
become subject to the discretionary provisions. Since Landholder Z is a
prior law recipient and the land was under extended recordable contract
prior to December 23, 1987, water deliveries to this land prior to
December 23, 1987, were properly made at the contract rate. However,
for all water deliveries taking place on or after December 23, 1987,
Landholder Z must pay the full-cost rate, as described in 426.7(f)(1),
through the effective termination date of the extended recordable
contract.
(j) Sale of excess land under recordable contract by the Secretary.
All recordable contracts shall provide that a power-of-attorney shall
vest in the Secretary to sell the land under recordable contract if the
landowner does not dispose of the excess land within the period
specified. The land shall be deemed ''disposed of'' for this purpose if
the landowner has complied with all requirements for the sale of excess
land under these rules within the period specified whether the Secretary
gives his final approval of the sale within that period or thereafter.
The Secretary shall conduct such excess land sales, once the
power-of-attorney has vested. The Secretary shall use the following
procedures:
(1) Surveys. A qualified surveyor shall make a land survey when
determined necessary by the Secretary. The cost of the survey initially
will be paid by the United States and added to the sale price for the
land. The cost shall be reimbursed to the United States from the
proceeds of the sale.
(2) Appraisals. The Secretary shall appraise the excess land to
determine the approvable sale price. The cost of the appraisal shall be
paid by the United States. Such cost shall be added to the approved
sale price and shall be reimbursed to the United States out of the
proceeds of the sale.
(3) Advertising. The Secretary shall advertise the sale of the
property in the newspapers within the county in which the land lies, in
farm journals, in other similar publications, and by other public
notices he determines advisable. The notices shall state (i) the
minimum acceptable sale price for the property (which equals the
appraised value plus the cost of the appraisal, survey, and
advertising), (ii) that the land will be sold by auction for cash or on
terms acceptable to the landowner to the highest bidder whose bid equals
or exceeds the minimum acceptable sale price, and (iii) the date for
such sale (which shall not exceed 90 days from date of the
advertisement).
The advertisement costs for the sale will be added to the sale price
for the land and reimbursed to the United States from the sale proceeds.
(4) Distribution of proceeds. The proceeds from the sale of the land
shall be paid first, to the landowner in the amount of appraised value;
second, to costs due the United States for costs of the survey,
appraisal, advertising, etc.; and third, to the United States any
remaining proceeds, which will be credited to the Reclamation fund or
other funds as prescribed by law.
(5) Closing. The sale of the excess land shall be closed by the
Secretary when all sale arrangements have been completed. The Secretary
shall execute a deed conveying the land to the purchaser. There shall
be no requirement for a covenant in the deed, paragraph (h) of this
section, restricting the resale of the land.
(6) Water deliveries. Excess land under matured recordable contracts
will be eligible to continue to receive irrigation water at the current
applicable rate until the land is sold by the Secretary.
(k) Land which becomes excess because of westwide application or
enforcement of other requirements of law -- (1) Land previously subject
to prior law. Irrigable land and other land which was subject to prior
law and which was nonexcess and receiving or eligible to receive
irrigation water under that law may become either: (i) Excess because
of the westwide application of acreage limitation for qualified or
limited recipients or (ii) ineligible because of the restriction on
delivery of water to nonresident aliens and entities not established
under State or Federal law.
To remain eligible for water, such land, up to the amount which was
nonexcess and eligible under prior law, must be placed under recordable
contract as provided in paragraph (e) of this section. The recordable
contract in such situations shall be modified to permit the landowner to
sell the land to an eligible purchaser without price approval by the
Secretary. The deed conveying the excess land shall not contain the
standard covenant, as set forth in paragraph (h) of this section,
requiring sale price approval by the Secretary for a period of 10 years
following initial sale. The land shall be sold in accordance with the
procedures established in paragraph (j) of this section if the
Secretary's power-of-attorney to sell the land vests. In these
situations, the excess or ineligible land shall also become eligible to
receive irrigation water if it is sold to an eligible buyer. Those
acres which were held as nonexcess and eligible under prior law may be
sold at fair market value.
(2) Land not previously subject to prior law. The provisions in
paragraph (1) do not apply to land in districts which first entered a
contract with the United States after October 12, 1982. In such
districts, excess land can only gain eligibility as described in
paragraphs (d)(1) and (d)(2) of this section. Land that becomes
ineligible in these districts because it is owned by nonresident aliens
or by an entity not established under State or Federal law can be placed
under a recordable contract requiring Secretarial sale price approval,
as set forth in paragraph (e) of this section, only if the land was
acquired before the date of the district's contract. If the land was
acquired after the date of the district's contract, it must be sold to
an eligible buyer at an approved price in order to regain eligibility.
(l) This rule may be illustrated by the following:
Example (1). Landowner X and his wife are U.S. citizens and own 320
acres of irrigation land designated as nonexcess in each of Districts A,
B, C, and D. In June of 1980, Landowner X purchased an additional 280
acres in District E. District A amends its contract to conform to title
II. Landowner X and his wife automatically and without benefit of
choice become a qualified recipent and as such are entitled to irrigate
no more than 960 acres westwide with irrigation water. Their present
ownership exceeds their 960-acre ownership entitlement by 600 acres.
Since the 280 acres in District E were purchased after December 6, 1979,
that land was ineligible to receive irrigation water even under prior
law. Therefore, no part of that parcel can be placed under recordable
contract and the land remains ineligible until sold to an eligible buyer
at an approved price or the sale is cancelled, or the land is
redesignated with Secretarial approval. The remaining 320 excess acres,
however, had been eligible under prior law. Therefore, that land can
continue to receive irrigation water if Landowner X either sells it to
an eligible buyer or places the land under a 5-year recordable contract.
In either case, Landowner X could sell the land at fair market value.
Example (2). Corporation X, which was established under the laws of
Switzerland, is owned by two shareholders who are citizens and residents
of Switzerland. The corporation owns 480 acres of irrigation land in
District A and has designated 160 acres as nonexcess and eligible to
receive irrigation water. District A amends its contract to conform to
the discretionary provisions. Thereby, Corporation X becomes ineligible
to receive irrigation water as a qualified recipient because it is not
established under State or Federal law. However, since 160 acres of its
land were eligible to receive irrigation water under prior law, this
land will continue to be eligible if it is placed under a recordable
contract or sold to an eligible buyer. The 160 acres, whether or not
under recordable contract, may be sold at fair market value; however,
the 320 acres which were excess under prior law remain ineligible until
sold to an eligible buyer at an approved price.
Example (3). Corporation W, a foreign corporation owned by two
shareholders who are citizens and residents of Norway, purchased 480
acres of irrigation land in District A. Subsequent to the purchase,
District A entered its first contract with the United States, thereby
becoming subject to the discretionary provisions. Corporation W,
however, is not eligible to receive irrigation water as a qualified
recipient because it was not established under State or Federal law.
Since Corporation W's land had never been subject to prior law, it does
not come under the purview of paragraph (k)(1) of this section.
However, since the land was purchased before the date of the district's
contract, the corporation can receive irrigation water by placing the
land under a recordable contract requiring Secretarial sale price
approval.
(52 FR 11954, Apr. 13, 1987, as amended at 52 FR 39919, Oct. 26,
1987; 53 FR 50537, Dec. 16, 1988)
43 CFR 426.12 Excess land appraisals.
(a) In general. The following regulations shall apply to all
appraisals of excess land and land burdened by a deed covenant except
when the land is subject to a recordable contract and/or a contract
which was in force on October 12, 1982, and these regulations are
inconsistent with the provisions of those contracts.
(1) All appraisals of excess land and land burdened by a deed
covenant will be based on the fair market value of the land at the time
of appraisal without reference to the construction of the irrigation
works. Standard appraisal procedures including the income, comparable
sales, and cost methods shall be used as applicable. Nonproject water
supply factors as provided in paragraph (a)(3) of this section shall be
considered as appropriate.
(2) Improvements shall be appraised on the basis of their
contributory fair market value as of the date of appraisal, using
standard appraisal procedures.
(3) The nonproject water supply factors of: (i) Ground-water pumping
lift, (ii) surface water supply, (iii) water quality, and (iv) trends
associated with paragraphs (a)(3) (i), (ii), and (iii) of this section
shall be considered by the appraiser where appropriate.
The Bureau of Reclamation, in conjunction with the district, if the
district desires to participate, shall develop the nonproject water
supply and trend information. Landowners of excess land or land
burdened by a deed covenant and prospective buyers may submit
information relevant to these determinations to the district or the
Bureau of Reclamation. The Bureau of Reclamation may also conduct
public meetings and forums and solicit input from other sources to
obtain data that may be considered in developing the ground-water trend
information. Data submitted may include historic geological data,
changing crops and cropping patterns, and other factors associated with
the nonproject water supply. If the Bureau of Reclamation and the
district cannot reach agreement on the data within 60 days, the
Secretary shall review and update the trend information as he deems
necessary and make all final determinations considering the data
provided by the Bureau of Reclamation and the district. These data will
be provided to appraisers and shall be considered in the appraisal
process. Each appraisal will clearly explain how the data were used in
the valuation of the lands.
(4) The date of appraisal shall be the date of last inspection by the
appraiser(s) unless there is an existing signed instrument such as an
option, contract for sale, agreement for sale, etc., affecting the
property, in which case the date of appraisal will be the date of such
instrument.
(b) When appraisals are to be made. Appraisals of excess land or
land burdened by a deed covenant shall be made upon request of the
landowner(s) or when required by the Secretary. If a request for an
appraisal is not received from the landowner(s) within 6 months of the
maturity date of the recordable contract, the Secretary may initiate the
appraisal.
(c) Appraiser slection and appraisal cost. Each appraisal of excess
land or land burdened by a deed covenant shall be made by a qualified
appraiser selected by the Secretary except as provided in paragraph (d)
of this section. The cost of the first appraisal of any excess land
shall be paid by the United States. When the excess land or land
burdened by a deed covenant is sold, the cost of the first appraisal
shall be added to the sale price and reimbursed to the United States by
the excess land purchaser. Any costs associated with additional
appraisals requested by the landower shall be paid by that landowner
provided the value of the land established by a reappraisal does not
exceed the value established in the first appraisal by more than 10
percent. However, if the difference in the appraisal values exceeds 10
percent, the United States will pay for the reappraisal.
(d) Appeals. The owner of excess land or land burdened by a deed
covenant who requested the appraisal, may request a second appraisal if
such landowner disagrees with the first appraisal. The second appraisal
shall be prepared by a panel of three qualified appraisers, one
designated by the United States, one designated by the district, and the
third designated jointly by the first two. This appraisal shall be
binding on both parties after review and approval as provided in
paragraph (e) of this section. As such, it fixes the maximum vaue of
the excess land.
(e) Review process. All appraisals of excess land or land burdened
by a deed covenant shall be reviewed by the Bureau of Reclamation for
technical accuracy and compliance with these rules and regulations,
applicable portions of Uniform Appraisal Standards for Federal Land
Acquisition-Interagency Land Acquisition Conference 1973, Reclamation
Instructions, and any detailed instructions provided by the Secretary
setting conditions applicable to an individual appraisal.
43 CFR 426.13 Exemptions.
(a) In general. The following are exempt from acreage limitation,
pricing, and other provisions of Federal Reclamation law as indicated:
(1) Corps of Engineers project. Land receiving an agricultural water
supply from Corps of Engineers projects is exempt from title II and
other provisions of Reclamation law unless it has, by Federal statute,
explicitly been designated, made a part of, or integrated with a Federal
Reclamation project or the Secretary has provided project works for the
control or conveyance of an agricultural water supply from the Corps
project to the subject land. This exemption does not relieve district
agricultural water users from obligations, pursuant to contracts with
the Secretary, to repay their share of construction, O&M, and contract
administration costs of the Corps project allocated to conservation or
irrigation storage. The Secretary shall determine the exemption status
for land receiving an agricultural water supply from Corps of Engineers
projects. He shall notify affected districts of the exemption status of
that land. District repayment or water service contracts containing
provisions imposing acreage limitation for those lands served from Corps
projects which are exempt will be amended to delete those provisions at
the request of the district.
(2) Reclamation projects. Land in districts shall be exempt from the
ownership and full-cost pricing provisions of Reclamation law when the
district has repaid all obligated construction costs for project
facilities for that land in accordance with the terms of the district's
contract with the United States. Payments by periodic installments over
the contract repayment term, as well as lump-sum and accelerated payment
allowed in the district's contract shall qualify the district or
individual for exemption. An individual landowner will be exempt upon
repayment of construction charges allocated to that owner's land, if
provided for in a contract with the United States. When a district has
discharged its obligation to repay construction costs for project
facilities, the Secretary shall notify the district that it is exempt
from acreage limitation and the full-cost provisions of law; however,
such an exemption shall not relieve a district or individual from
paying, on an annual basis, the O&M costs chargeable to that district or
individual. At the request of an owner of a landholding for which
repayment has occurred, the Secretary shall provide a certificate to
that owner acknowledging the landholding is free of the ownership and
full-cost pricing limitations of Federal Reclamation law. The
certification and reporting requirements for acreage limitation and
full-cost pricing will no longer apply to districts or landholders for
exempt land. The continuation of the exemption will be considered on a
case-by-case basis if additional construction funds for the project are
requested.
(3) Temporary supplies of water. Supplies of water made possible as
a result of an unusually large water supply not otherwise storable for
project purposes or infrequent and otherwise unmanaged floodflows of
short duration can be made available to land without regard to the
acreage limitation and full-cost provisions of Federal Reclamation law
for a temporary period not to exceed 1 year. Such water supplies can be
made available by the Secretary as temporary supplies to excess land.
The Secretary shall announce the availability of such temporary supplies
to districts. Districts desiring deliveries of such temporary water
supplies to excess land shall request the Secretary to make such
deliveries. Upon approval by the Secretary, the district shall be
notified of the availability of the temporary supply and the conditions
for its use. The temporary supply of water shall be delivered under
contracts not to exceed 1 year in accordance with existing policies and
priorities. Such deliveries must not have any adverse effect on other
authorized project purposes. The Secretary shall determine the price,
if any, a district is to be charged and other conditions that may apply
to such temporary water deliveries.
(4) Isolated tracts. Isolated tracts which can be farmed
economically only if included in a larger farming operation shall not be
subject to the ownership limitations of Federal Reclamation law.
However, the full-cost rate shall apply to water deliveries to isolated
tracts that are in excess of the landowner's non-full-cost entitlement.
Isolated tract determinations shall be made by the Secretary at the
request of the landowner.
(5) Rehabilitation and Betterment Programs. R&B (Rehabilitation and
Betterment) loans, pursuant to the R&B Act of October 7, 1949, as
amended, are not considered loans for construction, but rather loans for
maintenance, including replacements which cannot be financed currently;
provided, that the project for which the loan is requested or made is a
project authorized under Federal Reclamation law prior to the submittal
of the request for an R&B loan to the Bureau of Reclamation by or for
the district. Because funds advanced for R&B loans do not constitute
construction charges, they are not to be considered in determining
whether the obligation of a district for the repayment of the
construction costs of project facilities used to make project water
available for delivery to such land has been discharged by the district.
A loan for an R&B program shall not be the basis for reinstating
acreage limitation in a district which has completed payment of its
construction obligation nor for increasing the construction obligation
of the district and extending the period during which acreage limitation
will apply to that district.
43 CFR 426.14 Residency.
Residency is not a requirement for the delivery of irrigation water
from Reclamation project facilities. Existing recordable contracts and
certificates containing provisions requiring the purchaser of excess
land to be a resident or agree to become a resident within a specified
time period shall be revised to delete this requirement.
43 CFR 426.15 Religious and charitable organizations.
(a) Ownership entitlement under the discretionary provisions. Each
parish, congregation, school, ward, or similar organization of a
religious or charitable organization which is exempt from taxation under
section 501 of the Internal Revenue Code of 1954, and owns or operates
landholdings in Federal Reclamation projects, will be treated as a
qualified recipient: Provided,
(1) That either the district in which the land is situated enters
into a new or amended contract, or the religious or charitable
organization or its subdivision owning or operating land in the district
elects to come under the discretionary provisions;
(2) That the agricultural produce and the proceeds of sales of such
produce are used only for charitable purposes;
(3) That the land is operated by the individual religious or
charitable entity or organization (or subdivision); and
(4) That no part of the net earnings of the religious or charitable
entity or organization (or subdivision) shall accrue to the benefit of
any private shareholder or individual.
If a religious or charitable organization subject to the
discretionary provisions does not meet the last three criteria in this
paragraph, the entire organization, including all of its subdivisions,
will be treated as one limited recipient as set forth in 426.6(c).
(b) Ownership entitlement under prior law. The provisions of the
prior law will apply if neither the district nor the religious or
charitable organization or its subdivision elects to conform to the
discretionary provisions. Each parish, ward, congregation, or other
subdivision of the organization shall be considered an individual under
prior law, provided it meets the last three criteria set forth in
paragraph (a) of this section. If the organization does not meet those
three criteria, the entire organization, including all of its
subdivisions, will be treated as one corporation subject to prior law as
set forth in 426.6(d)(5).
(1) The principles of this rule may be illustrated by the following:
Example (1). A charitable organization which meets the requirements
of title II has subdivisions in each of five different districts. Each
of these districts amends its contract to conform to the discretionary
provisions. Therefore, each subdivision is entitled to own and farm 960
acres of irrigation land.
Example (2). A religious organization which meets the requirements
of title II has subdivisions in each of Districts A, B, C, and D. Each
subdivision operates 800 acres of irrigation land. Districts A and B
amend their respective contracts to conform to the discretionary
provisions; therefore, the subdivisions in Districts A and B are
entitled to own or operate 960 acres of irrigation land. Districts C
and D do not amend their contracts to conform to the discretionary
provisions and remain subject to the acreage restrictions contained in
the prior law. The subdivisions in Districts C and D, however, make
individual elections to conform to the discretionary provisions and are
therefore entitled to own or operate 960 acres of irrigation land.
(c) Affiliated farm management. A religious or charitable
organization or its subdivision which elects to conform to the
discretionary provisions or owns or operates land in a district which
enters into a new or amended contract may retain its status as a
qualified recipient and still affiliate with a more central organization
of the same faith in farm operation and management. Affiliated farm
management shall be permitted regardless of whether the subdivision is
the owner of record of the land being operated.
(1) The principles of this rule may be illustrated by the following:
Example. A religious organization holds title to 1,280 acres in
District A and 1,280 acres in District B. The acreage in District A is
operated jointly by two subdivisions and the acreage in District B is
operated by three subdivisions in separate farms of 300, 300, and 680
acres. Farm operations are coordinated by the religious organization
through managers at each farm. Each subdivision is a qualified
recipient and entitled to operate 360 acres of irrigation land. The
religious organization is entitled to own the acreage being operated by
its affiliated subdivisions in each district.
(d) Leasing. The full-cost provisions dealing with leased land shall
apply to religious or charitable organizations or their subdivisions.
(1) The principles of this rule may be illustrated by the following:
Example. A charitable organization has subdivisions in each of
Districts A, B, C, and D. Each of these districts has amended its
contract to conform to the discretionary provisions. Each subdivision
in Districts A, B, and C owns and operates 800 acres of irrigation land.
The subdivision in District D owns and operates 960 acres and leases
another 160 acres, all of which are receiving irrigation water. The
subdivision in District D is obligated to pay the full-cost rate for
irrigation water delivered to the 160 acres in its landholding.
43 CFR 426.16 Involuntary acquisition of land.
(a) Nonexcess land. Nonexcess land, irrespective of whether it is
subject to a 10-year deed covenant requiring Secretarial sale price
approval, and which becomes excess because it is acquired through
involuntary foreclosure or similar involuntary process of law,
conveyance in satisfaction of a debt (including, but not limited to, a
mortgage, real estate contract, or deed of trust), inheritance, or
devise is eligible to receive irrigation water in the new ownership for
a period of 5 years. Such land may not be placed under recordable
contract by the new owner. The new owner will be required during the
5-year period to pay a rate for the water which is equal to the rate
paid by the former owner, unless the land becomes subject to full-cost
pricing through leasing. Acquisition of land from nonexcess status in
any of the manners noted in this paragraph will allow removal of the
deed covenant (if present) as provided in 426.11(h)(2); and the land
may be sold at any time by the new owner without price approval and
without the deed covenant required in 426.11(h)(1). However, it will
become ineligible to receive irrigation water 5 years after it was
acquired and will remain ineligible until it has been sold to an
eligible owner.
(1) The application of this rule can be illustrated by the following:
Example (1). Farmer X owns 160 acres of irrigation land in District
A. District A has not amended its contract to become subject to the
discretionary provisions. Farmer X inherits another 480 acres of
irrigation land in District B through settlement of his uncle's estate.
District B has amended its contract to become subject to the
discretionary provisions. Even though Farmer X has reached the limits
of his individual ownership entitlement under prior law, since the 480
inherited acres had been designated nonexcess and eligible in his
uncle's ownership, the land continues to be eligible to receive
irrigation water for a period of 5 years in Farmer X's ownership.
However, since this land is located in a district subject to the
discretionary provisions, the price of water delivered to this land must
include at least full O&M costs and, if the land is leased to another
landholder, the full-cost rate may apply, depending on whether the
lessee has exceeded his non-full-cost entitlement. Farmer X also has
the option of selling the 480 acres at any time at full market value.
As explained in paragraph (e) of this section, Farmer X would not become
subject to the discretionary provisions by virtue of the fact that he
involuntarily acquired land from a landowner subject ot the
discretionary provisions. However, Farmer X has the option of becoming
subject to the discretionary provisions through an irrevocable election.
If he chooses this option, he can then include the 480 acres as part of
his 960-acre ownership entitlement as a qualified recipient.
Example (2). Farmer A, a qualified recipient who owns 500 acres of
irrigation land, purchases 160 acres of excess land from Farmer B.
Farmer A designates this 160 acres as nonexcess, eligible to receive
irrigation water. The deed transferring the land contains the 10-year
deed covenant requiring Secretarial sale price approval. Farmer A
finances this purchase through Bank ABC. Subsequently, Bank ABC
forecloses on Farmer A's 160 acres. The bank may receive irrigation
water on this land for a period of 5 years at the same price which was
paid by Farmer A, unless the land becomes subject to full-cost pricing
through leasing. In addition, the bank may sell the land at fair market
value without affecting the land's eligibility to receive irrigation
water. The deed covenant shall be removed by the Secretary at the
bank's request.
Example (3). Farmer X owns 160 acres of excess irrigation land in
District A. He decides to sell this land to his neighbor, Farmer Y, an
eligible buyer. Farmer X provides Farmer Y with the financing necessary
for the purchase. The deed transferring the land to Farmer Y contains
the 10-year covenant requiring sale price approval. The 160 acres of
land burdened by a deed covenant becomes eligible to receive irrigation
water in Farmer Y's ownership. Subsequent to the purchase, Farmer Y
fails to meet his financial obligation to Farmer X. Consequently, the
land once again becomes part of Farmer X's ownership by foreclosure.
Since this land was involuntarily acquired into excess status by Farmer
X, he may receive water on the land at the contract rate for 5 years
following the date of foreclosure, and may resell the land at fair
market value without affecting the land's eligibility. At Farmer X's
request, the Secretary shall remove the deed covenant in accordance with
426.11(h)(2).
(b) Ineligible land. Irrigable land which is involuntarily acquired
and which was ineligible in the holding of the former owner remains
ineligible to receive irrigation water in the holding of the new owner,
unless: (i) The land becomes nonexcess in the new ownership, and (ii)
the deed to the land contains the 10-year covenant requiring Secretarial
price approval, commencing when the land becomes eligible to receive
irrigation water. If either of these conditions is not met, the land
remains ineligible until sold to an eligible buyer at an approved price
and the 10-year covenant requiring Secretarial price approval must be
placed in the deed transferring the land to the buyer.
(c) Excess land under recordable contract. Excess land which is
under recordable contract and which is acquired by involuntary
foreclosure or other involuntary process may continue to receive
irrigation water under the terms of the recordable contract. However,
the new owner must agree, to the extent the land continues to be excess
in his landholding, to assume the recordable contract and execute an
assumption agreement provided by the Secretary. Such excess land will
be eligible to receive irrigation water for 5 years from the date it was
acquired involuntarily or for the remainder of the recordable contract
period, whichever is longer. The sale of such land shall be under terms
and conditions set forth in the recordable contract and must be
satisfactory to and at a price approved by the Secretary.
(1) The application of this rule can be illustrated by the following:
Example. Landowner X, a qualified recipient, owns 800 acres of
irrigation land in District A. Landowner X inherits 640 acres of land
in District B from his grandfather. The inherited land was placed under
a 10-year recordable contract by his grandfather 7 years ago. Landowner
X signs an agreement to assume his grandfather's recordable contract to
the 480 acres that remain excess in his landholding; however, even
though the original recordable contract term expires in 3 years, since
the excess land was involuntarily acquired, it remains eligible to
receive irrigation water for an additional 2 years in Landowner X's
ownership. Within that 5-year period, however, Landowner X must sell
the excess land at a Secretarially approved price.
(d) Mortgaged land. Mortgaged land which changes from nonexcess into
excess after the mortgage is recorded and is subsequently acquired by
the lender by involuntary foreclosure or similar involuntary process of
law or by bona fide conveyance in satisfaction of the mortgage, (1) is
eligible to receive irrigation water in the new ownership for a period
of 5 years or until transferred to an eligible landower, whichever
occurs first, and (2) may be sold at its fair market value.
During the 5-year period the water rate will be the same as it was
for the former owner, unless the land becomes subject to full-cost
pricing through leasing.
(e) Other. A party acquiring irrigation land involuntarily shall not
become subject to the discretionary provisions by virtue of the fact
that the former owner had been subject to the discretionary provisions.
When irrigation land is involuntarily acquired through inheritance, the
5-year eligibility period for receiving irrigation water on the newly
acquired land begins on the date of the devisor's death.
(52 FR 11954, Apr. 13, 1987, as amended at 52 FR 39919, Oct. 26,
1987)
43 CFR 426.17 Land held by governmental agencies.
(a) Acreage limitation. Irrigable and irrigation land held by
States, political subdivisions or agencies thereof, and agencies of the
Federal Government, which are farmed primarily for a nonrevenue
producing function, as determined by the Secretary, shall not be subject
to the acreage limitation and full-cost provisions of Federal
Reclamation law.
(b) Sales. Irrigable and irrigation land held by States, political
subdivisions or agencies thereof, and agencies of the Federal
Government, may be sold without price approval. Once sold, such land
will be eligible to receive irrigation water provided the purchaser
meets the eligibility requirements to own land and receive irrigation
water.
(c) Leasing. States, political subdivisions or agencies thereof, and
agencies of the Federal Government may lease irrigation land they own or
control to an eligible landholder, provided that the irrigation land
leased from such entities plus any irrigation land owned by the
landholder does not exceed the landholder's basic entitlement under
Federal Reclamation law (960 acres for a qualified recipient, 640 acres
for a limited recipient, or 160 acres for a prior law recipient, unless
otherwise provided by law).
(1) The principles of this rule may be illustrated by the following:
Example (1). Farmer X is a qualified recipient in the State of
Colorado and owns and irrigates 160 acres of land with irrigation water.
The State of Colorado may lease Farmer X an additional 800 acres of
State-owned land which will make up the balance of Farmers X's basic
entitlement. Farmer X is still entitled, however, to lease additional
acreage which may be irrigated at the full-cost rate provided that
additional acreage is not owned by a government agency.
Example (2). In 1976, Farmer X purchased 100 acres of irrigation
land in District A and 100 acres in District B. Districts A and B
remain subject to prior law and Farmer X has not made an irrevocable
election. Since Farmer X purchased the land prior to December 6, 1979,
all 200 acres are eligible to receive irrigation water. In addition,
Farmer X wants to lease 60 acres of irrigation land from the State of
Colorado. If he does so, the leased land will be ineligible to receive
irrigation water because Farmer X already owns in excess of the basic
160-acre entitlement for prior law recipients. However, if Farmer X
becomes a qualified recipient through either a contract amendment by the
district or an irrevocable election, he will be entitled to receive
irrigation water on not only the 60 acres he wishes to lease from the
State, but also on another 700 acres of irrigation land, whether in his
ownership or leased from another party, including a governmental agency.
43 CFR 426.18 Commingling.
(a) Existing commingling provisions in contracts. Provisions in
contracts entered into prior to October 1, 1981, which define irrigation
and agricultural water from other sources (nonproject water) or describe
the delivery of irrigation water through nonproject facilities or
nonproject water through project facilities, shall continue in effect.
They shall apply to renewed contracts the district enters into with the
United States as well.
(b) Establishment of commingling provisions in contracts. (1) New,
amended, or renewed contracts may provide that irrigation water may be
commingled with nonproject water as provided in paragraphs (b)(1) (i)
and (ii) of this section:
(i) Where the facilities utilized for commingling irrigation water
and nonproject water are constructed without funds made available
pursuant to Federal Reclamation law, the provisions of Federal
Reclamation law and these regulations will be applicable only to the
landholders who receive irrigation water, Provided, That the water
requirements for eligible lands can be established and the quality of
irrigation water to be utilized is less than or equal to the quantity
necessary to irrigate eligible lands; or
(ii) Where the facilities utilized for commingling irrigation water
and nonproject water are constructed with funds made available pursuant
to Federal Reclamation law, nonproject water will be subject to Federal
Reclamation law and these regulations unless the district collects and
pays to the United States an incremental fee which reasonably reflects
an appropriate share of the cost to the Federal Government, including
interest, of storing and/or covering the nonproject water. Such fee
shall be established by the Secretary and shall be in addition to the
district's obligation to pay for capital, operation, maintenance, and
replacement costs associated with the facilities required to provide the
service. The provisions of Federal Reclamation law and these
regulations will be applicable to all landholders who receive irrigation
water and, in the case of a district which does not pay the incremental
fee specified in this paragraph (b)(i)(ii), to all landholders who
receive nonproject water delivered through Reclamation program funded
facilities.
(iii) (A) The principles of this rule as they relate to irrigation
water commingled in facilities constructed without funds made available
pursuant to Federal Reclamation law may be illustrated by the following:
Example (1). District A has a distribution system constructed
without funds made available pursuant to Federal Reclamation law and
irrigates land therein with nonproject surface supplies and groundwater
distributed to users within the district through its distribution
system. The district enters into a contract with the United States for
a supplemental irrigation water supply and intends to distribute that
supplemental water through its distribution system. Only the
landholders within the district who are eligible to receive a supply of
irrigation water are subject to Reclamation law. The district is not
restricted in its use of the nonproject surface water or groundwater,
and will be in compliance with the provisions of its contract so long as
there is sufficient eligible land to receive the irrigation water
supply.
Example (2). District A has a contract with the Bureau for a supply
of irrigation water. Within the boundary of the district there are
several parcels of ineligible excess lands which are not supplied with
irrigation water. Those lands are irrigated from the groundwater
resources under them. If irrigation water furnished to the district
pursuant to the contract reaches the underground strata of these
ineligible lands as an unavoidable result of the furnishing of the
irrigation water by the district to eligible lands, the continued
irrigation of the ineligible excess lands with that groundwater shall
not be deemed to be in violation of the Reclamation law. Note: Example
2 also is applicable to the issue of unavoidable groundwater recharge
and can also serve as an example in 426.13.
(B) The principles of this rule as they relate to commingling in one
or more Federal Reclamation program funded facilities or jointly
financed facilities may be illustrated by the following:
Example (1). A district has nonproject water available to deliver to
lands considered not eligible (ineligible) for irrigation water under
provisions of Federal Reclamation law and these regulations. To
eliminate the need to build a duplicate private conveyance system to
transport nonproject water, the district would like to transport such
water through facilities constructed with finds made available pursuant
to Federal Reclamation law without the nonproject water being subject to
Federal Reclamation law and these regulations. If the district agrees,
with prior approval of the Secretary, the nonproject water may be
commingled in federally financed facilities and delivered to ineligible
lands if the district pays the incremental fee, as determined by the
Secretary, for the use of the federally financed facilities required to
deliver the nonproject water. The fee will be in addition to the
capital, operation, maintenance, and replacement costs the district is
obligated to pay and will be based on a methodology designed to
reasonably reflect an approprite share of the cost to the Federal
Government, including interest, of providing the service.
Example (2). The State of Euphoria has a water supply it wishes to
transport in the same direction and at the elevation as planned in the
Federal Reclamation project. If the Bureau of Reclamation and the State
each finance their share of the costs to construct and operate the
project, the water supply of the State will not be subject to Federal
Reclamation law and these regulations.
(2) Acquisition of irrigation water from federally financed
facilities by exchange shall not subject the users of such water to
Federal Reclamation law and these regulations if no material benefit
results from the exchange to the recipient of water from the federally
financed facilities.
(i) The principles of this rule may be illustrated by the following:
Example. District A has water rights to divert water from a river.
These water rights are adequate to meet its requirements. It is located
immediately adjacent to a federally subsidized facility. District B is
located immediately adjacent to the river but several miles from the
Federal facility. District B contracts with the United States for a
supply of irrigation water, but rather than construct several miles of
conveyance facility, District B, with the approval of the United States,
contracts with District A to allow District A's water rights water to
flow down the river for use by District B and the irrigation water is in
turn delivered to District A. District A is not subject to Federal
Reclamation law and these regulations by virtue of this exchange,
provided it does not materially benefit from that exchange. District B,
however, is subject to Federal Reclamation law and these regulations
since it is the beneficiary of the exchange; i.e. a water supply.
43 CFR 426.19 Water conservation.
(a) In general. The Secretary shall encourage the full consideration
and incorporation of prudent and responsible water conservation measures
in all districts and for the operations by non-Federal recipients of
irrigation and M&I (municipal and industrial) water from Federal
Reclamation projects.
(b) Development of a plan. Districts that have entered into
repayment contracts or water service contracts according to Federal
Reclamation law or the Water Supply Act of 1958, as amended (43 U.S.C.
390b), shall develop and submit to the Bureau of Reclamation a water
conservation plan which contains definite objectives which are
economically feasible and a time schedule for meeting those objectives.
In the event the contractor also has provisions for the supply of M&I
water under the authority of the Water Supply Act of 1958 or has invoked
a provision of that act, the water conservation plan shall address both
the irrigation and M&I water supply activities.
(c) Federal assistance. The Bureau of Reclamation will cooperate
with the district, to the extent possible, in studies to identify
opportunities to augment, utilize, or conserve the available water
supply.
43 CFR 426.20 Public participation.
(a) In general. The Bureau of Reclamation will publish notice of
proposed irrigation or amendatory irrigation contract actions in
newspapers of general circulation in the affected area at least 60 days
prior to contract execution. The Bureau of Reclamation announcements of
irrigation contract actions will be published in newspapers of general
circulation in the areas determined by the Bureau of Reclamation to be
affected by the proposed action. Announcements may be in the form of
news releases, legal notices, official letters, memorandums, or other
forms of written material. Meetings, workshops, and/or hearings may
also be used, as appropriate, to provide local publicity. The public
participation requirements do not apply to proposed contracts for the
sale of surplus or interim irrigation water for a term of 1 year or
less. The Secretary or the district may invite the public to observe
any contract proceedings. All public participation procedures will be
coordinated with those involved in complying with the National
Environmental Policy Act if the Bureau determines that the contract
action may or will have ''significant'' environmental effects.
(1) Each public notice or news release shall include, as appropriate:
(i) A brief description of the proposed contract terms and conditions
being negotiated;
(ii) Date, time, and place of meeting or hearings;
(iii) The address and telephone number of a Bureau employee to
address inquiries and comments; and
(iv) The period of time in which comments will be accepted.
(2) Only persons authorized to act on behalf of the contracting
entities may negotiate the terms and conditions of a specific contract
proposal.
(3) Advance notice of meetings or hearings will be furnished to those
parties that have made a timely written request for such notice to the
appropriate regional or project office of the Bureau of Reclamation.
(4) All written correspondence regarding proposed contracts will be
made available to the general public pursuant to the terms and
procedures of the Freedom of Information Act (80 Stat. 383), as amended.
(5) Written comments on a proposed contract or contract action must
be submitted to the appropriate Bureau of Reclamation officials at
locations and within time limits set forth in the advance public
notices.
(6) All written comments received and testimony presented at any
public hearings will be reviewed and summarized by the appropriate
regional office for use by the contract approving authority.
(7) Copies of specified proposed contracts may be obtained from the
appropriate Regional Director or his designated public contact as they
become available for review and comment.
(8) In the event modifications are made in the form of proposed
contract, the appropriate Regional Director shall determine whether
republication of the notice and/or extension of the 60-day comment
period is necessary. Factors which shall be considered in making such a
determination shall include, but are not limited to: (i) The
significance of the impact(s) of the modification and (ii) the public
interest which has been expressed over the course of the negotiations.
As a minimum, the Regional Director shall furnish revised contracts to
all parties which requested the contract in response to the initial
public notice.
43 CFR 426.21 Small reclamation projects.
(a) Small Reclamation Project Acts (SRPA) loan contracts entered into
after October 12, 1982, shall be subject to the provisions of the Act of
August 6, 1956 (43 U.S.C. 422e), as amended by section 223 of Public Law
97-293 and as amended by title III of Public Law 99-546.
(b) SRPA loan contracts which were entered into prior to October 12,
1982, shall continue to be subject to the provisions of those loan
contracts, provided however that those contracts that are amended to
conform to the Act of August 6, 1956, as amended by section 223 of
Public Law 97-293, shall also be subject to the increased acreage
provisions in section 223 of Public Law 97-293. It is provided further
that no other provisions of the loan contract shall be altered,
modified, or amended without the consent of the non-Federal party.
(c) No other section of these regulations shall be deemed applicable
to SRPA loans.
(d) In districts which have a water service or repayment contract in
addition to an SRPA contract, the SRPA loan is not to be considered in
determining whether the district has discharged its construction cost
obligation for the project facilities. Neither shall an SRPA loan be
the basis for reinstating acreage limitation in a district which has
completed payment of its construction cost obligation nor for increasing
the construction obligation of the district and extending the period
during which acreage limitation will apply to that district.
(e) In a district which has both an SRPA loan contract and a contract
as defined in 426.5(b), (for example, a repayment contract, a water
service contract, or a distribution system loan contract (Pub. L.
84-130)), the requirements applicable to such contracts are not
superseded by the SRPA contract.
(1) The application of this rule can be illustrated by the following:
Example. District A has entered into both a repayment contract and an
SRPA loan contract. In 1983, District A amended its SRPA loan contract
pursuant to section 223 of title II in order to increase the interest
threshold for its owners to 960 acres for a qualified recipient and 320
acres for a limited recipient. However, District A has not amended its
repayment contract to become subject to the discretionary provisions,
and is, therefore, still subject to the acreage limitations of prior
law. Even though this SRPA contract permits an increased threshold for
interest payments, until District A becomes subject to the discretionary
provisions, it may not deliver irrigation water to land in excess of 160
acres (320 acres for a married couple), except in those cases where such
land is under recordable contract, is owned by an individual who has
made an irrevocable election, or commingling provisions in the
district's contract allow nonprofit water to be delivered to excess
land, see 426.18.
43 CFR 426.22 Decisions and appeals.
(a) Unless otherwise provided by the Secretary, the Regional Director
shall make any determination required under these rules and regulations.
A party directly affected by such a determination may appeal in writing
to the Commissioner of Reclamation within 60 days from the date of a
Regional Director's determination. The affected party shall have 90
days from the date of a Regional Director's determination within which
to submit a supporting brief or memorandum to the Commissioner. The
date of a Regional Director's determination will be considered to be the
date shown on the letter or other document transmitting the
determination. The Commissioner may extend the time for submitting a
supporting brief or memorandum, provided the affected party submits a
request to the Commissioner and the Commissioner determines the
appellant has shown good cause for such an extension. A Regional
Director's determination will have full force and effect during the time
an appeal is being reviewed, except that upon specific request and
showing of good cause by the appellant in a timely notice of appeal, the
Commissioner may hold a Regional Director's determination in abeyance
until a decision has been rendered.
(b) The affected party may appeal the Commissioner's decision to the
Secretary by writing to the Director, Office of Hearings and Appeals
(OHA), within 30 days from the date of mailing of the Commissioner's
decision. The appeal provided in this paragraph (b) shall be governed
by 43 CFR part 4, subpart G, and other provisions of 43 CFR part 4,
where applicable.
(c) Interest on any underpayments will continue to accrue during the
time any appeal is pending as provided in 43 CFR 426.23.
(d) Final decisions on appeals rendered by the Commissioner prior to
the effective date of this section are hereby validated and may not be
further appealed.
(e) Pertinent addresses are shown below:
Commissioner, Bureau of Reclamation, Department of the Interior, 18th
and C Streets NW., Washington, DC 20240.
Director, Office of Hearings and Appeals, 4015 Wilson Boulevard, Room
1103 Ballston Tower No. 3, Arlington, VA 22203.
Regional Director, Pacific Northwest Region, Bureau of Reclamation,
550 West Fort Street, PO Box 043, Boise, ID 83724.
Regional Director, Mid-Pacific Region, Bureau of Reclamation, Federal
Office Building, 2800 Cottage Way, Sacramento, CA 95825.
Regional Director, Lower Colorado Region, Bureau of Reclamation,
Nevada Highway and Park Street, PO Box 427, Boulder City, NV 89005.
Regional Director, Upper Colorado Region, Bureau of Reclamation, 125
South State Street, PO Box 11568, Salt Lake City, UT 84147.
Regional Director, Great Plains Region, Bureau of Reclamation, 316
North 26th Street, PO Box 36900, Billings, MT 59107.
(56 FR 43554, Sept. 3, 1991)
Effective Date Note: At 56 FR 43554, Sept. 3, 1991, 426.22 was
revised, effective October 3, 1991. For the convenience of the user,
the superseded text follows.
416.22 Decisions and appeals.
Unless otherwise provided by the Secretary, the Regional Director
shall make any determination required under these rules and regulations.
A party directly affected by such determination may appeal in writing
to the Commissioner of the Bureau of Reclamation within 30 days of
receipt of the Regional Director's determination. The time for appeal
may be extended by the Secretary. The affected party shall have an
additional 30 days thereafter within which to submit a supporting brief
or memorandum to the Commissioner. The Regional Director's
determination will be held in abeyance until the Commissioner has
reviewed the matter and rendered a decision.
Pertinent addresses are shown below:
Commissioner, Bureau of Reclamation, Department of the Interior, 18th
and C Streets, NW., Washington DC 20240
Regional Director, Pacific Northwest Regional, Bureau of Reclamation,
550 West Fort Street, PO Box 043, Boise ID 83724
Regional Director, Mid-Pacific Region, Bureau of Reclamation, Federal
Office Building, 2800 Cottage Way, Sacramento CA 95825
Regional Director, Lower Colorado Region, Bureau of Reclamation,
Nevada Highway and Park Street, PO Box 427, Boulder City NV 89005
Regional Director, Upper Colorado Region, Bureau of Reclamation, 125
South State Street, PO Box 11568, Salt Lake City UT 84147
Regional Director, Southwest Region, Bureau of Reclamation, 714 South
Tyler, Amarillo TX 79101
Regional Director, Missouri Basin Region, Bureau of Reclamation, 316
North 26th Street, PO Box 2553, Billings MT 59103
43 CFR 426.23 Interest on underpayments.
When the Bureau finds that any individual or legal entity subject to
Federal Reclamation law has not paid the required amount for irrigation
water delivered to a landholding pursuant to Reclamation law, the Bureau
will collect the amount of any underpayment with interest accruing from
the date the required payment was due until paid. The due date is the
date the required payment should have been paid by the district to the
United States for water delivered to a landholding. The interest rate
shall be determined by the Secretary of the Treasury on the basis of the
weighted average yield of all interest-bearing marketable issues sold by
the Treasury during the period of underpayment.
(53 FR 50537, Dec. 16, 1988)
43 CFR 426.24 Severability.
If any provision of these rules or the applicability thereof to any
person or circumstances is held invalid, the remainder of these rules
and the application of such provisions to other persons or circumstances
shall not be affected thereby.
(52 FR 11954, Apr. 13, 1987. Redesignated at 53 FR 50537, Dec. 16,
1988)
43 CFR 426.24 PART 429 -- PROCEDURE TO PROCESS AND RECOVER THE VALUE OF
RIGHTS-OF-USE AND ADMINISTRATIVE COSTS INCURRED IN PERMITTING SUCH USE
Sec.
429.1 Purpose.
429.2 Definitions.
429.3 Establishment of the value of rights-of-use.
429.4 Request by other governmental agencies and nonprofit
organizations for rights-of-use.
429.5 Request by others for assistance.
429.6 Applications for rights-of-use.
429.7 Terms and conditions of and for the rights-of-use.
429.8 Reclamation land-use stipulation.
429.9 Hold harmless clause.
429.10 Decisions and appeals.
429.11 Addresses.
Authority: 43 U.S.C. 387 (53 Stat. 1196), as amended by 64 Stat.
463, c. 752 (1950); Department of the Interior Manual Part 346,
Chapters 1, 2, 3, and 4; 43 U.S.C. 501; Independent Offices
Appropriation Act (31 U.S.C. 483a); and Budget Circular A-25, as
amended by transmittal memorandums 1 and 2 of Oct. 22, 1963, and April
16, 1974.
Source: 48 FR 56223, Dec. 20, 1983, unless otherwise noted.
43 CFR 429.1 Purpose.
The purpose of this part is to meet the requirements of the
Independent Offices Appropriation Act (31 U.S.C. 483a) and Departmental
Manual Part 346, Chapters 1.6 and 4.10, to set forth procedures for the
Bureau of Reclamation (Reclamation) to recover the value of
rights-of-use interests granted to applicants, and for the collection of
administrative costs associated with the issuing of rights-of-use over
lands administered by Reclamation. This part also refers to costs
incurred by Reclamation when, at the request of other agencies and
parties, Reclamation gives aid and assistance in rights-of-use matters.
These regulations apply to uses of lands and interests in land under
the jurisdiction of Reclamation granted to others by the Commissioner of
the Bureau of Reclamation. Those interests issued or granted for the
replacement or relocation of facilities belonging to others under
section 14 of the Reclamation Project Act of August 4, 1939, 43 U.S.C.
389 are excepted.
43 CFR 429.2 Definitions.
As used in this part:
(a) Commissioner means the Commissioner of the Bureau of Reclamation
or his designated representative.
(b) Reclamation means the Bureau of Reclamation.
(c) Regional Director means any one of the seven representatives of
the Commissioner designated to act for the Commissioner in specified
rights-of-use of actions. The Regional Directors may redelegate certain
of their authorities for granting rights-of-use to the supervising heads
of field offices.
(d) Rights-of-use includes rights-of-way, easements, leases, permits,
licenses, or agreements issued or granted by the Regional Directors to
permit the occupying, using, or traversing of lands under the
jurisdiction, administration or management of the Bureau of Reclamation,
and issued under the authority granted to him for the purpose. The term
''rights-of-use'' does not include the leasing of land in the custody or
under the control of Reclamation for grazing, agriculture, or any other
purpose where a greater return will be realized by the United States
through a competitive bidding process.
(e) Other agencies or others means all Federal, State, private
individuals, partnerships, firms or corporations, and local governments
agencies not connected in any way with Reclamation, that request
rights-of-use either directly or indirectly from Reclamation.
(f) Rights-of-use assistance means any assistance to obtain a use
authorization given upon request to another party. Such assistance
includes, but is not limited to, work in the processing of environmental
requirements and the preparing, checking, and inspecting of engineering
data and standards.
(g) Value of rights-of-use means the value of the rights, privileges,
and interests granted by Reclamation for the use of land under its
custody and control, as determined by an appraisal by a qualified
appraiser using approved methods, in accordance with 429.3 of this
part.
(h) Administrative costs means all direct or indirect costs including
appraisal costs if required, incurred by Reclamation in reviewing,
issuing, and processing of rights-of-use requests or the assisting of
others in their rights-of-use matters, calculated in accordance with the
procedures established by Departmental Manual 346, ''Cost Recovery,''
Chapters 1, 2, 3, and 4.
(i) Grantor or Permitter means the Bureau of Reclamation, U.S.
Department of the Interior.
(j) Grantee or User means the agency, firm, partnership, or
individual who requested and to whom is granted the right-of-use.
(k) Documentation of administrative costs. This documentation shall
mean documentation in accordance with the provisions of part 346,
chapters 1, 2, 3, and 4 of the Departmental Manual. Administrative
costs will be documented through the accurate recording and accounting
of costs associated with a right-of-use. This documentation shall
include both direct and indirect costs, such as:
(1) Personnel costs.
(i) Direct labor.
(ii) Fringe benefits.
(iii) Additional benefits.
(2) Material costs, printing costs, and other costs related directly
with a specific right-of-use.
(3) Exclusions.
(i) Management overhead.
(ii) Normal costs not directly associated with the specific
right-of-use.
(l) Secretary shall mean the Secretary of the Interior.
43 CFR 429.3 Establishment of the value of rights-of-use.
(a) The value of a right-of-use shall be determined by Reclamation.
The appraised value of a right-of-use shall be established by a
Reclamation staff or contract appraiser in accordance with Reclamation
Instructions for Land Appraisal. The appraisal shall be for the fair
market value for the requested right or privilege, and result from the
diminution of value of the remainder using the before and after
appraisal approach, or any other method generally approved within the
real estate appraising profession for such valuation.
(b) If the applicant has been or is currently using the right-of-use
area without authorization, and if it can be determined that the
unauthorized use of Federal Lands was unintentional and not due to
carelessness or neglect on the part of the applicant, then the value of
a right-of-use shall not include the value of any prior unauthorized use
by the applicant of the Reclamation land.
(c) If the applicant's prior unauthorized use can be determined to be
intentional on his part or to be a result of his carelessness or
neglect, then the value of such previous use shall be determined as
assessed to the user in addition to the apprised value of the
right-of-use.
43 CFR 429.4 Request by other governmental agencies and nonprofit
organizations for rights-of-use.
Rights-of-use requested by nonprofit organizations or nonprofit
corporations may be provided with no charge being made for the value of
these rights-of-use when it is determined that the use will not
interfere with the authorized current or planned use of the land by
Reclamation. Rights-of-use requested by other Federal or other
governmental agencies will be granted with fair market value
reimbursement unless, a reasonable opportunity exists for the exchange
of rights-of-use privileges, and there exists an interagency agreement
providing for such exchange. Other agencies and nonprofit organizations
will be required to reimburse Reclamation for all administrative costs
which are deemed to be excessive to normal costs for granting similar
rights-of-use request. All billings for administrative costs will be
well documented ( 429.2(k)). All requests will provide the information
required in 429.6(a), and (b).
43 CFR 429.5 Request by others for assistance.
The agency requesting assistance from Reclamation in acquiring a
right-of-use shall be required to reimburse Reclamation for any
administrative costs deemed to be in excess of the average normal for
the specific service or assistance ( 429.2(h)) and would not normally be
foreseen and covered in the Reclamation regular appropriation requests.
Any billing for these excessive costs shall be well documented (
429.2(k)).
43 CFR 429.6 Applications for rights-of-use.
The applicant for a right-of-use over land or estate in land, in the
custody and control of Reclamation, must make application to the
Regional Director of the region in which the land is located or to the
affected field office. The addresses for the seven Regional Directors
are located in 429.11. A right-of-use will not be granted when it is
determined that the proposed right-of-use will interfere with the
functions of Reclamation or its ability to maintain its facilities.
(a) The application does not have to be in any particular form but
must be in writing. The application must contain at least the following
items:
(1) A detailed description of the proposed use of Reclamation's
lands.
(2) A legal description of either aliquot parts or metes and bounds,
or as an absolute minimum, a description of the route or area of use
desired on Reclamation's lands, and as accurate delineation of the use
area on a map as it is possible to provide without making a survey.
(3) A map or drawing showing the approximate location of the
requested right-of-use.
(b) An initial deposit fee of $200 must accompany the initial
application. If, after a preliminary review of the application
Reclamation determines the granting of a right-of-use is incompatible
with present or future uses of the land and the right-of-use cannot be
granted, $150 of the $200 fee will be returned. The remaining $50 of
the $200 fee will be retained by Reclamation regardless of its
disposition of the right-of-use request. No refund will be made for any
deposits if the applicant refuses to accept the right-of-use after it is
prepared and offered. Applicants will be required to pay any
administrative costs which are in excess of the $200 deposit for the
preparation of right-of-use as well as the value to the right granted.
Any administrative costs less than $150 will result in an appropriate
refund to the applicant or may be applied to the value of the
right-of-use at the discretion of the applicant. This shall apply
equally to requested rights-of-use which are offered by Reclamation and
are rejected by the applicant, as to those which the applicant accepts.
Any billing for administrative costs shall be well documented. (
429.2(k).) At the discretion of the Regional Director, applications made
by other Federal agencies need not be accompanied by either of the above
deposits or fees.
(c) All fees and costs may be waived or reduced at the discretion of
the Regional Director, when:
(1) It is determined that the applicant for the right-of-use will
soon be, or is in the position of granting a right-of-use to the United
States, and an opportunity for a reciprocal agreement exists, providing
an agreement between Reclamation and the applicant is on file permitting
such an exchange of uses.
(2) The initial deposit and the administrative costs would exceed the
value of the interests and rights to be granted. The $50 minimum fee
will usually be retained.
(3) The holder provides without charges, or at a reduced charge, a
valuable service to the general public or to the programs of the
Department of the Interior; or
(4) The right-of-use is a result of a service requested by the
Federal Government or a governmental agency.
(d) The applicant also may, at the discretion of the Regional
Director, be required to furnish, or agree to furnish, the following
additional material before Reclamation grants a right-of-use:
(1) A legal land description and/or a map or plat of the requested
right-of-use. The description map or plat should relate to
Reclamation's land boundaries.
(2) Detailed construction details, construction specifications,
engineering drawings, power flow diagrams, one-line diagrams, and any
other plans and specifications which may be applicable.
(3) Statements, reports, or other documents already prepared or which
normally will be prepared by the applicant which may be used by
Reclamation to satisfy the requirements of the National Environmental
Policy Act (42 U.S.C. 4321 through 4347) or other legal requirements of
Reclamation in granting the applications right-of-use request.
(4) An agreement to complete or assist in completing Reclamation's
requirements towards compliance with cultural resource policies.
(e) The applicant shall pay any excess administrative costs which
Reclamation incurs which are in excess to the initial deposit of $200
required by paragraph (b) of this section prior to the issuance of the
right-of-use. All billing for administrative costs shall be well
documented by Reclamation.
(f) Prior to the issuance of the right-of-use instrument the
applicant shall also pay Reclamation a fair market value of the right
and privilege requested for the use of Reclamation's lands.
This value shall be determined by an appraisal made, as prescribed in
429.3 of this regulation. Those applicants meeting the provisions of
429.4 may be excepted from this provision. The decision to grant an
exemption under 429.4 will have the justification well documented.
(g) Information Collection: The information collection requirements
contained in 429.6 have been approved by the Office of Management and
Budget under 44 U.S.C. 3501 et seq., OMB 1006-003. The information is
being collected to assist in the determination for the granting of a
right-of-use. The information will be used to assure the
appropriateness of such a grant and that the technical and financial
resources of the applicant are sufficient to complete the project.
Response is required to obtain the right-of-use.
43 CFR 429.7 Terms and conditions of and for the rights-of-use.
(a) The right-of-use granting document shall contain all special
conditions or requirements which are determined by the Regional Director
to be necessary to protect the interest of the United States.
(b) Any grant of a right-of-use for a term of 25 years or longer must
have the consent of any involved water user organization pursuant to the
legal requirements of 43 U.S.C. 387. Concurrence in and approval of uses
for less than a 25-year period may be requested of the water users
organization at the discretion of the responsible Regional Director. As
a minimum, the water user's organization shall be notified of the
right-of-use application prior to its being granted.
(c) Reclamation's land-use stipulation appearing in 429.8 shall be
included in all perpetual right-of-way easements granted, excepting
grants to other Federal agencies.
(d) Temporary rights-of-use instruments shall contain a termination
clause in the event the applicants use becomes, or may become, an
interference with the Reclamation's use of the land.
(e) Except for grants of rights-of-use to Federal agencies, the use
instruments shall contain a hold harmless clause found in 429.9.
(f) The applicant must show that any legally required permits to
construct power transmission lines in excess of 100 kilovolt have been
secured by the applicant from the appropriate power marketing authority
prior to Reclamation's granting a right-of-way for such line.
43 CFR 429.8 Reclamation land-use stipulation.
There is reserved from the rights herein granted, the prior rights of
the United States acting through the Bureau of Reclamation, Department
of the Interior, to construct, operate, and maintain public works now or
hereafter authorized by the Congress without liability for severance or
other damage to the grantee's work; provided, however, that if such
reserved rights are not identified in at least general terms in this
grant and exercised for works authorized by the Congress within 10 years
following the date of this grant, they will not be exercised unless the
grantee, or grantee's successor in interest is notified of the need, and
grants an extension or waiver. If no extension or waiver is granted,
the Government will compensate, or institute mitigation measures for any
resultant damages to works placed on said lands pursuant to the rights
herein granted. Compensation shall be in the amount of the cost of
reconstruction of grantee's works to accommodate the exercise of the
Government's reserved rights. As alternatives to such compensation, the
United States, at its option and at its own expense, may mitigate the
damages by reconstructing the grantee's works to accommodate the
Government facilities, or may provide other adequate mitigation measures
for any damage to the grantee's property or right. The decision to
compensate or mitigate is that of the appropriate Regional Director.
43 CFR 429.9 Hold harmless clause.
(a) The following clause shall be a part of every land-use document
issued by Reclamation:
The grantee hereby agrees to indemnify and hold harmless the United
States, its employees, agents, and assigns from any loss or damage and
from any liability on account of personal injury, property damage, or
claims for personal injury or death arising out of the grantee's
activities under this agreement.
(b) To meet local and special conditions, the Regional Director, upon
advice of the Solicitor, may modify this or any other provision of these
rules with respect to the contents of the right-of-use instrument.
43 CFR 429.10 Decisions and appeals.
(a) The Regional Director, acting as designee of the Commissioner,
shall make the determinations required under these rules and
regulations. A party directly affected by such determinations may
appeal in writing to the Commissioner, Bureau of Reclamation, within 30
days of receipt of the Regional Director's determinations. The affected
party shall have an additional 30 days thereafter within which to submit
a supporting brief memorandum to the Commissioner. The Regional
Director's determinations will be held in abeyance until the
Commissioner has reviewed the matter and rendered a decision.
(b) Any party to a case adversely affected by final decision of the
Commissioner of the Bureau of Reclamation, under this part, shall have a
right of appeal to the Director, Office of Hearing and Appeals, Office
of the Secretary, in accordance with the procedures in title 43 CFR part
4, subpart G.
43 CFR 429.11 Addresses.
Regional Director,
Pacific Northwest Region,
Bureau of Reclamation,
Federal Building, U.S. Court House,
550 W. Fort Street,
Boise, Idaho 83724
Regional Director,
Lower Colorado Region,
Bureau of Reclamation,
Nevada Highway and Park Street,
Boulder City, Nevada 89005
Regional Director,
Southwest Region,
Bureau of Reclamation,
Commerce Building,
714 S. Tyler, Suite 201,
Amarillo, Texas 79101
Regional Director,
Lower Missouri Region,
Bureau of Reclamation,
Building 20, Denver Federal Center,
Denver, Colorado 80225
Regional Director,
Mid-Pacific Region,
Bureau of Reclamation,
Federal Office Building,
2800 Cottage Way,
Sacramento, California 95825
Regional Director,
Upper Colorado Region,
Bureau of Reclamation,
125 S. State Street,
Salt Lake City, Utah 84147
Regional Director,
Upper Missouri Region,
Bureau of Reclamation,
Federal Office Building,
316 N. 26th Street,
Billings, Montana 59103
43 CFR 429.11 PART 430 -- RULES FOR MANAGEMENT OF LAKE BERRYESSA
Authority: Title VII, Pub. L. 93-493, 88 Stat. 1494.
43 CFR 430.1 Concessioners' appeal procedures.
The procedures detailed in title 43 CFR part 4, subpart G, are made
applicable to the concessioners at Lake Berryessa, Napa County,
California, as the procedure to follow in appealing decisions of the
contracting officer of the Bureau of Reclamation, Department of the
Interior, or his authorized representatives on disputed questions
concerning termination for default or unsatisfactory performance under
the concession contracts.
(40 FR 27658, July 1, 1975)
43 CFR 430.1 PART 431 -- GENERAL REGULATIONS FOR POWER GENERATION,
OPERATION, MAINTENANCE, AND REPLACEMENT AT THE BOULDER CANYON PROJECT,
ARIZONA/NEVADA
Sec.
431.1 Purpose.
431.2 Scope.
431.3 Definitions.
431.4 Power generation responsibilities.
431.5 Cost data and fund requirements.
431.6 Power generation estimates.
431.7 Administration and management of the Colorado River Dam Fund.
431.8 Disputes.
431.9 Future regulations.
Authority: Reclamation Act of 1902 (32 Stat. 388), Boulder Canyon
Project Act of 1928 (43 U.S.C. 617 et seq.), Boulder Canyon Project
Adjustment Act of 1940 (43 U.S.C. 618 et seq.), Colorado River Storage
Project Act of 1956 (43 U.S.C. 620 et seq.), Colorado River Basin
Project Act of 1968 (43 U.S.C. 1501 et seq.), and Hoover Power Plant Act
of 1984 (98 Stat. 1333).
Source: 51 FR 23962, July 1, 1986, unless otherwise noted.
43 CFR 431.1 Purpose.
(a) The Secretary of the Interior (Secretary), acting through the
Commissioner of Reclamation (Commissioner), is authorized and directed
to operate, maintain, and replace the facilities at the Hoover
Powerplant, and also to promulgate regulations as the Secretary finds
necessary and appropriate in accordance with the authorities in the
Reclamation Act of 1902, and all acts amendatory thereof and
supplementary thereto.
(b) In accordance with the Boulder Canyon Project Act of 1928, as
amended and supplemented (Project Act), the Boulder Canyon Project
Adjustment Act of 1940, as amended and supplemented (Adjustment Act),
and the Hoover Power Plant Act of 1984 (Hoover Power Plant Act), the
Bureau of Reclamation (Reclamation) promulgates these ''General
Regulations for Power Generation, Operation, Maintenance, and
Replacement at the Boulder Canyon Project, Arizona/Nevada'' (General
Regulations) which include procedures to be used in providing
Contractors and the Western Area Power Administration (Western) with
cost data and power generation estimates, a statement of the
requirements for administration and management of the Colorado River Dam
Fund (Fund), and methods for resolving disputes.
43 CFR 431.2 Scope.
These General Regulations shall be effective on June 1, 1987, and
shall apply to power generation, operation, maintenance, and replacement
activities at the Boulder Canyon Project after May 31, 1987. ''General
Regulations for the Charges for the Sale of Power from the Boulder
Canyon Project'' are the subject of a separate rule, under 10 CFR part
904, by the Secretary of Energy, acting by and through the Administrator
of Western. The ''General Regulations for Generation and Sale of Power
in Accordance with the Boulder Canyon Project Adjustment Act,'' dated
May 20, 1941, and the ''General Regulations for Lease of Power,'' dated
April 25, 1930, terminate May 31, 1987.
43 CFR 431.3 Definitions.
As used in this part:
Additions and betterments shall mean such work, materials, equipment,
or facilities which enhance or improve the Project and do more than
restore the Project to a former good operating condition.
Colorado River Dam Fund or Fund shall mean that special fund
established by section 2 of the Project Act and which is to be used only
for the purposes specified in the Project Act, the Adjustment Act, the
Colorado River Basin Project Act, and the Hoover Power Plant Act.
Contractor shall mean any entity which has a fully executed contract
with Western for electric service pursuant to the Hoover Power Plant
Act.
Project or Boulder Canyon Project shall mean all works authorized by
the Project Act, the Hoover Power Plant Act, and any future additions
authorized by Congress, to be constructed and owned by the United
States, but exclusive of the main canal and appurtenances authorized by
the Project Act, now known as the All-American Canal.
Replacements shall mean such work, materials, equipment, or
facilities as determined by the United States to be necessary to keep
the Project in good operating condition, but shall not include (except
where used in conjunction with the word ''emergency'' or the phrase
''however necessitated'') work, materials, equipment, or facilities made
necessary by any act of God, or of the public enemy, or by any major
catastrophe.
Uprating Program shall mean the program authorized by section 101(a)
of the Hoover Power Plant Act for increasing the capacity of existing
generating equipment and appurtenances at Hoover Powerplant, as
generally described in the report of Reclamation, entitled ''Hoover
Powerplant Uprating, Special Report,'' issued in May 1980, supplemented
in January 1985, and further supplemented in September 1985.
43 CFR 431.4 Power generation responsibilities.
(a) Power generation, and the associated operation, maintenance, and
making of replacements, however necessitated, of facilities and
equipment at the Hoover Powerplant, are the responsibilities of
Reclamation.
(b) Subject to the statutory requirement that Hoover Dam and Lake
Mead shall be used: First, for river regulation, improvement of
navigation and flood control; second, for irrigation and domestic uses
and satisfaction of present perfected rights mentioned in section 6 of
the Project Act; and third, for power, Reclamation shall release water,
make available generating capacity, and generate energy, in such
quantities, and at such times, as are necessary for the delivery of the
capacity and energy to which Contractors are entitled.
(c) Reclamation reserves the right to reschedule, temporarily
discontinue, reduce, or increase the delivery of water for the
generation of electrical energy at any time for the purpose of
maintenance, repairs, and/or replacements, and for investigations and
inspections necessary thereto, or to allow for changing reservoir and
river conditions, or for changes in kilowatthours generation per
acre-foot, or by reason of compliance with the statutory requirement as
referred to in paragraph (b) of this section; Provided, however, That
Reclamation shall, except in case of emergency, give Western reasonable
notice in advance of any change in delivery of water, and that
Reclamation shall make such inspections and perform such maintenance and
repair work at such times and in such manner as to cause the least
inconvenience possible to Contractors and that Reclamation shall
prosecute such work with diligence and, without unnecessary delay,
resume delivery of water as scheduled.
(d) Should a Contractor have concerns regarding power generation and
related matters and request a meeting in writing, including a
description of areas of concern, Reclamation shall convene such meeting
within 10 days of receipt of such request and shall notify all
Contractors and Western of the date and location of the meeting, and the
areas of concern to be discussed.
(51 FR 23962, July 1, 1986; 51 FR 24531, July 7, 1986)
43 CFR 431.5 Cost data and fund requirements.
Reclamation shall submit annually on or before April 15 to Western
and Contractors, cost data, including one year of actual costs for the
last completed fiscal year and estimated costs for the next 5 fiscal
years, for operation, maintenance, replacements, additions and
betterments, non-Federal funds advanced for the uprating program by
non-Federal purchasers, and interest on and amortization of the Federal
investment. Such cost data shall identify major items. Upon 5 days
prior written notice to Reclamation, any Contractor shall have the
right, subject to applicable Federal laws and regulations, to review
records used to prepare such cost data at Reclamation offices during
regular business hours. Contractors shall have an opportunity to
present written views within 30 days of the transmittal of the cost
data. Reclamation responses to written views shall be provided within
60 days of transmittal of the cost data or 30 days after a meeting with
Contractors convened pursuant to 431.4(d), whichever is later.
43 CFR 431.6 Power generation estimates.
Reclamation shall submit annually on or before April 15 to Western
and Contractors, an estimated annual operation schedule for the Hoover
Powerplant showing estimated power generation and estimated maintenance
outages for review, and shall provide an opportunity to present written
views within 30 days of the transmittal of the schedule. Reclamation
responses to written views shall be provided within 60 days of the
transmittal of the schedule or 30 days after a meeting with Contractors
convened pursuant to 431.4(d), whichever is later. The estimated
annual operation schedule of Hoover Powerplant shall be subject to
necessary modifications, in accordance with 431.4(c). Upon 5 days prior
written notice to Reclamation, any Contractor shall have the right,
subject to applicable Federal laws and regulations, to review records
used to prepare such power generation estimates at Reclamation offices
during regular business hours.
43 CFR 431.7 Administration and management of the Colorado River Dam
Fund.
Reclamation is responsible for the repayment of the Project and the
administration of the Colorado River Dam Fund and the Lower Colorado
River Basin Development Fund.
(a) All receipts to the Project shall be deposited in the Fund along
with electric service revenues deposited by Western and shall be
available without further appropriation for:
(1) Defraying the costs of operation (including purchase of
supplemental energy to meet temporary deficiencies in firm energy which
the Secretary of Energy is obligated by contract to supply),
maintenance, and replacements of all Project facilities, including
emergency replacements necessary to insure continuous operations;
(2) Payment of annual interest on the unpaid investments in
accordance with appropriate statutory authorities;
(3) Repayment of capital investments including amounts readvanced
from the Treasury;
(4) Payments to the States of Arizona and Nevada as provided in
section 2(c) of the Adjustment Act and section 403(c)(2) of the Colorado
River Basin Project Act;
(5) Transfers to the Lower Colorado River Basin Development Fund and
subsequent transfers to the Upper Colorado River Basin Fund, as provided
in section 403(c)(2) of the Colorado River Basin Project Act and section
102(c) of the Hoover Power Plant Act, as reimbursement for the monies
expended heretofore from the Upper Colorado River Basin Fund to meet
deficiencies in generation at Hoover Dam during the filling period of
storage units of the Colorado River Storage Project in accordance with
the provisions of sections 403(g) and 502 of the Colorado River Basin
Project Act, such transfers, totalling $27,591,621.25, to be effected by
17 annual payments of $1,532,868.00 beginning in 1988 and a final
payment of $1,532,865.25 in 2005; and
(6) Any other purposes authorized by existing and future Federal law.
(b) Appropriations for the visitor facilities program and any other
purposes authorized by existing and future Federal law advanced or
readvanced to the Fund shall be disbursed from the Fund for those
purposes.
(c) All funds advanced by non-Federal Contractors for the Uprating
Program shall be deposited in the Fund, shall be available without
further appropriation, and shall be disbursed from the Fund to
accomplish the Uprating Program.
(d) The Fund shall be administered and managed in accordance with
applicable Federal laws and regulations, by the Secretary acting through
the Commissioner.
(51 FR 23962, July 1, 1986; 51 FR 24531, July 7, 1986)
43 CFR 431.8 Disputes.
(a) All actions by Reclamation or the Secretary shall be binding
unless and until reversed or modified in accordance with the provisions
herein.
(b) Any disputes or disagreements as to interpretation or performance
of the provisions of these General Regulations under the responsibility
of the Secretary shall first be presented to and decided by the
Commissioner. The Commissioner shall be deemed to have denied the
Contractor's contention or claim if it is not acted upon within 60 days
of its having been presented. The decision of the Commissioner shall be
subject to appeal to the Secretary by a notice of appeal accompanied by
a statement of reasons filed with the Secretary within 30 days after
such decision. The Secretary shall be deemed to have denied the appeal
if it is not acted upon within 60 days of its having been presented.
(c) The decision of the Secretary shall be final unless, within 30
days from the date of such decision, a written request for arbitration
is received by the Secretary. The Secretary shall have 90 days from the
date of receipt of a request for arbitration either to concur in or deny
in writing the request for such arbitration. Failure by the Secretary
to take any action within the 90 day period shall be deemed a denial of
the request for arbitration. In the event of a denial of a request for
arbitration, the decision of the Secretary shall become final. Upon a
decision becoming final, the disputing Contractor's remedy lies with the
appropriate Federal court. Any claim that a final decision of the
Secretary violates any right accorded the Contractor under the Project
Act, the Adjustment Act, or title I of the Hoover Power Plant Act is
barred unless suit asserting such claim is filed in a Federal court of
competent jurisdiction within one year after final refusal by the
Secretary to correct the action complained of, in accordance with
section 105(h) of the Hoover Power Plant Act.
(d) When a timely request for arbitration is received by the
Secretary and the Secretary concurs in the request, the disputing
Contractor and the Secretary shall, within 30 days of receipt of such
notice of concurrence, each name one arbitrator to the panel of
arbitrators which will decide the dispute. All arbitrators shall be
skilled and experienced in the field pertaining to the dispute. In the
event there is more than one disputing Contractor in addition to the
Secretary, the disputing Contractors shall collectively name one
arbitrator to the panel of arbitrators. In the event of their failure
collectively to name such arbitrator within 15 days after their first
meeting, that arbitrator shall be named as provided in the Commercial
Arbitration Rules of the American Arbitration Association. The two
arbitrators thus selected shall name a third arbitrator within 30 days
of their first meeting. In the event of their failure to so name such
third arbitrator, that arbitrator shall be named as provided in the
Commercial Arbitration Rules of the American Arbitration Association.
The third arbitrator shall act as chairperson of the panel. The
arbitration shall be governed by the Commercial Arbitration Rules of the
American Arbitration Association. The arbitration shall be limited to
the issue submitted. The panel of arbitrators shall render a final
decision in this dispute within 60 days after the date of the naming of
the third arbitrator. A decision of any two of the three arbitrators
named to the panel shall be final and binding on all parties involved in
the dispute.
43 CFR 431.9 Future regulations.
(a) Reclamation may from time to time promulgate additional or
amendatory regulations deemed necessary for the administration of the
Project, in accordance with applicable law; Provided, That no right
under any contract made under the Hoover Power Plant Act shall be
impaired or obligation thereunder be extended thereby.
(b) Any modification, extension, or waiver of any provision of these
General Regulations granted for the benefit of any one or more
Contractors shall not be denied to any other Contractor.
43 CFR 431.9 PARTS 432-999 -- (RESERVED)
43 CFR 431.9 FINDING AIDS
A list of CFR titles, subtitles, chapters, subchapters and parts and
an alphabetical list of agencies publishing in the CFR are included in
the CFR Index and Finding Aids volume to the Code of Federal Regulations
which is published separately and revised annually.
Material Approved for Incorporation by Reference
Index
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
Redesignation Table
List of CFR Sections Affected
Title 43-Public Lands: Interior
Material Approved for Incorporation by Reference
Material Approved for Incorporation by Reference
The Director of the Federal Register has approved under 5 U.S.C.
552(a) and 1 CFR part 51 the incorporation by reference of the following
publications. This list contains only those incorporations by reference
effective as of the revision date of this volume. Incorporations by
reference found within a regulation are effective upon the effective
date of that regulation. For more information on incorporation by
reference, see the preliminary pages of this volume.
43 CFR 431.9 43 CFR SUBTITLE A
Editorial Note: This listing is provided for informational purposes
only. It is compiled and kept up-to-date by the Bureau of Land
Management, Department of the Interior.
Acquired lands: Mineral collection permits 3560.7 Mineral leasing
(coal only) Part 3400 Mineral leasing (oil and gas) 3101.2-2 Mineral
leasing (other than oil and gas, coal, oil shale, tar sand) Group 3500
Acquisitions (donations and purchases) Group 2100; Subtitle A Part 8
Acreage limitations (geothermal) 3201.2 Acreage limitations (oil and
gas) 3101.2 Activity planning 3420.3 Adjudication, equitable 1871.1
Adjudication principles & procedures Subpart 1871 Adverse claims,
mineral Part 3870 Advisory boards Subpart 1784 Airports: Airport and
Airway Improvement Act Part 2640 Leases 2911.0-3 Segregative effect of
application 2911.2-3, 2641.3 Alaska Native Selections Part 2650 Federal
installations Subpart 2655 General Subpart 2650 Miscellaneous Selections
Subpart 2653 Native Reserves Subpart 2654 Regional Selections Subpart
2652 Village Selections Subpart 2651 Alaska Public Sale Act Subpart 3822
Allotment: Grazing allotment management plan 4120.2 Indian allotments
general Subpart 2530 Native allotments in Alaska Subpart 2561
Segregative effect of application (Alaska) 2091.2-1 Amendment:
Resource management plans 1610.5-5 Antiquities Act Subtitle A, Part 3
Appeals 1840.1; Subtitle A, Part 4 Coal 3410.3-2(g)(2), 3430.5-2,
3451.2(d), 3486.4 Geothermal 3266.1 Oil and gas 3101.7-3, 3165.4,
3120.1-3, 3000.4 Oil and gas units 3185.1 Rights-of-way Subparts 2804
and 2884 Special recreation permits 8372.6 Wild free -- roaming horses
and burros 4700.3 Applications: General procedures Part 1820
Geothermal Drilling 3262.4 Geothermal -- unit agreement Subpart 3281
Grazing -- Alaska -- Livestock 4220.2 Grazing -- Alaska -- Reindeer
4320.1 Grazing -- Exclusive of Alaska 4130.1 Lands in more than one
land district 1821.5 Minerals -- Leases (coal) Group 3400 Minerals --
Leases (oil and gas) Group 3100 Minerals -- Leases (other than oil and
gas, coal oil shale, tar sand) Group 3500 Minerals -- prospecting
permits Group 3500 Oil and gas drilling 3162.3-1 Oil and gas unit
agreement Subpart 3181 Oil and gas geophysical exploration -- Alaska
Subpart 3152 Reinstatement of canceled entries Subpart 1826 Repayments
1822.2-1. 1822.3-4 Rights-of-way Subparts 2802 and 2882 Special
recreation permit 8372.2 Notations 1821.4 Time limit for filing
documents 1821.2-2 Archaeological Resources Protection Act Subtitle A,
Part 7 Areas: Critical environmental concern, areas of 1610.7-2
Designated national Subpart 8351 Designation, areas and trails (off-road
vehicles) Subpart 8342 Developed sites and rules of conduct 8365
Established Subpart 8352 Management Part 8350 Outstanding natural 8352
Primitive 8352 Research natural Subpart 8223 Scenic 8352.0-6(b) Use
authorizations Part 8370 Unsuitable for surface mining 1610.7-1
Wilderness Part 8560 Arkansas -- erroneously meandered lands Subpart
2543 Asphalt in Oklahoma Part 3570 Asphalt leases Part 3570 Assessments
work -- annual filings Part 3833 Assignments and/or transfers: Coal
3453 Geothermal 3241 Grazing preference 4110.2-3 Mining claims 3833.3
Oil and gas 3106, 3135 Other minerals 3506 Reclamation homesteads
2515 Rights-of-way 2803 Small Tract Act 2913 Authority to bind
government 1810.3 Authorizations Part 8370 Availability of official
records Subtitle A, Part 2
Bonds: Coal leases Subparts 3453, 3474 General Subpart 1822 Geothermal
Subpart 3206 Geothermal units Subpart 3284 Leases and prospecting
permits for minerals (other than coal and oil and gas) Subpart 3504
Nationwide 3504.1-3 Oil and gas exploration Subpart 3154 Oil and gas
leasing Subparts 3104, 3106, 3134 Oil and gas units 3184.1
Rights-of-way 2803.1-4, 2883.1-3 Special recreation permits 8372.5
Statewide 3504.1-5 Timber sale payment 5451.4 Timber sale performance
5451.1 Bore holes and sample requirements (solid minerals other than
coal) Subpart 3593 Burros, wild free-roaming Part 4700
Cabin sites Subtitle A, Part 2 Cadastral survey Part 9180 California:
Reserved minerals in patented lands Subpart 3584 Canceled entries,
reinstatement of Subpart 1826 Carey Act grants Part 2610 Casual use:
Mining 3802.1-2, 3809.1-2 Oil and gas exploration 3150.0-5(b)
Rights-of-way Part 2800 Cemeteries Part 2750 Certified mail 1821.2-4
Classification, land: Criteria and procedures Group 2400 Policies and
programs 1720 Segregative effect 2091 Closures Subpart 8364 Coal lands:
Fissionable source materials Part 3720 Nonmineral entries 2093.2,
2511.4-4 Coal leases: Applications for Subpart 3425 Assignments Subpart
3453 Bonds Subpart 3474 Exchanges Subparts: 3435, 3436 Fees, rentals,
royalties Subparts 3453, 3473, 3484 Lease terms Subpart 3475
Modifications Subpart 3432 Negotiated sales and rights-of-way Subpart
3431 Qualification requirements Subpart 3472 Readjustments Subpart 3451
Relinquishment, cancellation and termination Subpart 3452 Coal leasing:
Competitive leasing Subpart 3420 General Group 3400 Preference right
leases Subpart 3430 Special leasing opportunities 3420.1-3 Split estate
leasing Subpart 3427, 3400.0-5(kk) Coal management (General) Group 3400
Coal exploration and mining operation rules Part 3480 Coal related
planning: Hearings (plans involving potential leasing) 1610.2(k) Land
use analysis 1610.5-7 Process (resource management planning) Part 1600
Surface owner consultation 1610.2(j) Unsuitability criteria 3461.5
Unsuitability designation 1610.7-1 Coal trespass 3430.7, 9239.5-3
Color-of-Title Part 2540 Common varieties: General Subpart 3711
Disposal of Part 3600 Communication sites and lines, rights-of-way for
Part 2800 Community pits and common use areas Subpart 3604
Confidentiality, coal 3410.4(b), 3420.1-2(b), 3422.1(a), 3453.2-2(g),
3481.3 Conformity (planning process) 1610.5-3 Conditions of use --
off-road vehicles Subpart 8341 Consistency requirements (planning
process) 1610.3-2 Construction, rules of (words & phrases) 1810.1
Consultation, cooperation: Attorney general 3420.5-5, 3422.3-4,
3435.3-7 Indian tribes 1610.3-1, 3400.3-4, 3420.2-6, 3420.5-4 State
1610.3-1, 3400.4, 3420.2-6, 3420.5-3, 3434.3-6 Surface management agency
3400.3-1, 3410.25, 3420.2-5 Surface owner 1610.2(j), 3420.6
Contributions Part 2110 Conveyance -- Federally owned mineral interests
Part 2720 Conveyancing documents Part 1860 Correction of Subpart 1865
Cooperative relations Part 1780 Coordination (planning process).
1610.3-1 Corridors, right-of-way Subpart 2806 Court, production of
records in 1813.3 Cultural resource management Group 8100
Decision review by Congress (planning) 1610.6 Desert Land Act Subpart
2520 Segregation 2091.4-1 Designation: Areas of Critical Environmental
Concern 1610.7-2 Areas unsuitable for surface mining 1610.7-1 Areas
and sites Part 2070 Management areas Part 8350 National areas Subpart
8351 Off-road vehicle areas and trails Subpart 8342 Right-of-way
corridors Subpart 2806 Wilderness Areas Part 8560 Development contracts
(hardrock minerals) Subpart 3567 Diligence requirements (coal) Subpart
3483 Disaster relief Subpart 1815 Disclaimers of interest, recordable
Subpart 1864 Disposal: Classifications Part 2430 Mineral materials Part
3600 Programs and objectives Part 1720 Dispositions -- sales of mineral
interests Part 2720 District Advisory Boards 1784.7 Donations Part 2110
Drainage (oil and gas) 3100.2 Drilling and producing obligation:
Geothermal 3262.3 Oil and gas 3162.2
Electric power generation, transmission, and distribution -
rights-of-way Part 2800 Emergency noncompetive sale of mineral materials
3610.2-1(d) Employees -- interest in lands 20.735-22 Employees,
testimony of Subtitle A, Part 2 Enclosures, unlawful 9239.2 Engineering
Group 9100 Environmental considerations: Cultural resources 3410.2-3
Oil and gas operations 3162.5 Planning 1601.0-6, 1610.4-6, 1610.4-7,
1610.4-8, 1610.5-5, 1610.8 Policy 2725.3-2 Surface management and
protection Subpart 3462 Threatened and endangered species 3410.2-4
Unsuitability for coal mining Subpart 3461 Equitable adjudication
1871.1 Erroneously meandered lands: Arkansas Subpart 2543 Louisiana
Subpart 2544 Wisconsin Subpart 2545 Errors in patents Subpart 1865
Established areas Subpart 8352 Excavation of archaeological resources
Subtitle A, Part 7 Exchanges Group 2200; Group 3100; Group 3500 Coal
lease Subpart 3435 Coal lease (alluvial valley) Subpart 3436 General
Part 2200 Migratory bird or other wildlife refuges Part 2250 Mineral
leases 3107.7, Subpart 3526 Fee Federal coal deposits Subpart 2203
National Conservation Area Subpart 2274 National forests Subpart 2202
National parks and monuments Part 2240 National Trail System Subpart
2273 National Wild and Scenic Rivers Subpart 2273 Reservations or
holdings (Indian) Subpart 2271 Reclamation Subpart 2272 Wildlife refuge
exchanges Part 2250 Exploration and resource recovery and protection
plans (coal) Subpart 3482 Exploration licenses: Coal Subpart 3410
Gilsonite Subpart 3554 Phosphate Subpart 3514 Potassium Subpart 3534
Sodium Subpart 3524 Exploration, notices of intent (oil and gas) 3151.1
Exploration permits (oil and gas -- Alaska) Subpart 3152 Exploration
plans (solid minerals other than coal) Subpart 3592
Federal Power Act Subpart 2320 Fees: Alaska, livestock grazing 4220.4
Alaska, reindeer 4320.2 Coal 3473.2 Exclusive of Alaska, livestock
grazing 4130.7 Mineral leases, filing fee Subpart 3503 Mineral
prospecting permits, filing fee Subpart 3503 Remittance of 1822.1-2
Special recreation permits 8372.4 Filing: Competitive oil and gas
nominations 3120.3-2 General Subpart 1821 Time limit applications
1821.2-2 Townships plats 1813.1-2 Transfers (geothermal) 3241.2
Transfers (oil and gas) 3106.3, 3135.1-2 Final proof -- general Subpart
1823 Financial assistance, local government Part 1880 Fire management
Part 9210 Wildfire prevention Subpart 9212 Fish and Wildlife,
preservation, use and management Subtitle A, Part 24 Fissionable source
materials Subpart 3746 Flathead Irrigation District, Montana 2515.8
Forest management Group 5000 Forest nonsale disposals Group 5500 Forest
product disposal Group 5400 Fractional or future interest leases and
permits Oil and gas 3110.9 Solid minerals (other than coal and oil
shale) Subpart 3507 Freedom of Information Act Subtitle A, Part 2 Free
use Part 3620 Grazing -- Alaska -- livestock 4220.6 Grazing --
Exclusive of Alaska 4130.3 Mineral materials Part 3620 Timber Subpart
5510 Fur farms Alaska Subpart 2916 Future interest (geothermal) Subpart
3207 Future interest (oil and gas) 3110.9, 3120.7
General Allotment Act of February 8, 1887 Subpart 2530 General
obligations of lessees, operators, and permittees: Coal Subpart 3481
Solid minerals other than coal Subpart 3591 Geophysical exploration (oil
and gas) Subpart 3150 Geothermal resources: Available lands;
limitations; unit agreements Subpart 3201 Competitive leasing Part 3220
Cooperative conservation provisions Subpart 3243 Exploration operations
Subpart 3209 General Subpart 3200 Lease bonds Subpart 3206 Leasing terms
Subpart 3203 Noncompetitive leasing Subpart 3210 Operations Part 3260
Production and use of byproducts Subpart 3242 Qualifications of lessees
Subpart 3202 Rules governing leases Part 3240 Service charges, rentals
and royalties Subpart 3205 Surface management requirements Subpart 3204
Terminations and expirations Subpart 3244 Transfers Subpart 3241 Unit
agreements Part 3280 Utilization -- power plant sites Subpart 3250 Gifts
of property Part 2110 ''Gilsonite'' leases Part 3550 Gold and silver,
private land grants Subpart 3581 Grants to States Part 2620 Grants,
Carey Act Part 2610 Grazing: Administration -- Alaska -- livestock Part
4200 Administration -- Alaska -- reindeer Part 4300 Administration --
Exclusive of Alaska Part 4100 Administrative remedies -- Exclusive of
Alaska Subpart 4160 Allotments 4110.2-4 Appeals -- Exclusive of Alaska
4160.4 Applications -- Alaska -- livestock 4220.2 Applications --
Alaska -- reindeer 4320.1 Applications -- Exclusive of Alaska 4130.1
Authorization Subpart 4130 Decisions -- Exclusive of Alaska Subpart 4160
Fees 4130.7 Hearings -- Alaska -- livestock 4240.2 Hearings --
Exclusive of Alaska Subtitle A, Part 4 Leases -- Alaska -- livestock
Part 4200 Leases -- Exclusive of Alaska Part 4130 Management Subpart
4120 Penalties Subpart 4170 Permits -- Alaska -- reindeer Part 4300
Permits -- Exclusive of Alaska Part 4100 Preference Subpart 4110
Prohibited acts Subpart 4140 Protests -- Alaska -- livestock 4240.1
Protests -- Alaska -- reindeer 4330.1 Protests -- Exclusive of Alaska
4160.2 Qualifications and preference Subpart 4110 Trespass -- Alaska --
livestock 4210.4, 9239.3 Trespass -- Alaska -- reindeer Subpart 4340,
9239.3 Unauthorized grazing use -- Exclusive of Alaska Subpart 4150
Hardrock minerals, leases and permits Part 3560 Headquarters sites,
Alaska 2563.0-3(a) Hearing procedures Part 1850 Hearings: General
Subtitle A, Part 4 Grazing -- Alaska -- livestock 4240.2 Grazing --
exclusive of Alaska 4160.4; Subtitle A, Part 4 Mining claims Subparts
1850, 3713, 3870 Multiple mineral development Subpart 3743 Oil and gas
penalties 3163.2 Plan involving potential coal leasing 1610.2(k)
Helium: Conservation Subtitle A, Part 16 General Subpart 3745 Ownership
and rights 3100.1 Reserves 3101.1 Horses, wild free-roaming Part 4700
Indemnity selections, State Subpart 2621 Indian allotments: General
Subpart 2530 Segregative effect 2531.3 Indian land: Exchanges Subpart
2271 Oil and gas lease operations Subpart 31600 Information collection
Onshore oil and gas leasing 3100.0-9 Onshore oil and gas operations
3160.0-9 Recreation and public purposes 2740.0-9 Wild free -- roaming
horses and burros 4700.0-9 Inspections, enforcement, and appeals: Coal
Subparts 3465 and 3486 Oil and gas lease sites 3161.3 Solid minerals
other than coal Part 3590 Inventory and information (planning) 1610.4-3
King Range National Conservation Area: Acquisition of lands Subpart
2130 Condemnation Subpart 2137 Exchanges Subpart 2274 Gifts 2110.0-3(c)
Special mining laws Subpart 3827
Laches 1810.3 Land classification Group 2400 Land disposal policy
1725.2 Land use analysis 1610.5-7 Land use permits Part 2920 Land use
planning: Coal related 3420.1-4 General (resource management) Part
1600 Late payment or underpayment of charges (solid minerals other than
coal) Part 3590 Leases: Acquired lands minerals (coal only) 3400.2(c)
Acquired lands (oil and gas) 3101.2-2, 3110.5-3 Acquired lands
minerals (other than oil and gas, coal, and oil shale) 3501.1-2
Airports and aviation fields Subpart 2911 Asphalt Part 3570
Cancellations:
Coal Subpart 3452
Geothermal 3244.3
Oil and gas 3108.2, 3136.3 Coal Group 3400
Extensions:
Coal Subpart 3451
Geothermal 3203.1
Oil and gas 3105, 3135
Other minerals 3506.7 Filing fees, minerals 3503.1 Fur farms,
Alaska Subpart 2916 General, Pierce Act, grazing Subpart 2120 General
Part 2920 Geothermal Part 3200 Gilsonite Part 3550 Grazing -- Alaska --
livestock Part 4200 Grazing -- Exclusive of Alaska Subpart 4130 Hardrock
minerals Part 3560 Mineral Leasing Act (1920) Part 3100, 3400, 3500 Oil
and gas Part 3100
Competitive leases Subpart 3120
General Subpart 3100
Information collection 3100.0-9
National Petroleum Reserve -- Alaska Subpart 3130
Noncompetitive leases Subpart 3110 Permits and easements Subpart 2920
Phosphate Part 3510 Potassium Part 3530 Public domain lands, minerals
3501.1-1, Subpart 3101 Recreation and public purposes Subpart 2912
Relinquishments, minerals Subparts 3108, 3244, 3509 Rentals, minerals
3103.2, 3205.3, Subpart 3503 Reorganization plan 3 minerals 3500.1-1
Royalty reductions, coal Subpart 3485 Royalty reductions, oil and gas
3103.4-1 Sodium Part 3520 Sulphur Part 3540 Suspensions, coal Subparts
3473 and 3483 Special leasing areas Part 3580 Tar sand Part 3140
Terminations and cancellations, coal Subpart 3452 Terminations and
cancellations, geothermal Subpart 3244 Terminations and cancellations,
mineral Subpart 3509 Terminations and cancellations, oil and gas Subpart
3108 Licenses: Coal mining Subparts 3400, 3440, 3400.0-5(l),
3400.0-5(u) Coal exploration Subpart 3410 Location:
Mining location:
General Group 3800
In powersite withdrawals Subpart 3730
In reclamation withdrawals Subpart 3816 Multiple mineral development
Subpart 3740 Source material in coal lands Part 3720 Lode claims:
General Subparts 3841, 3862 Logging roads, rights-of-way for Part 2810
Logical mining unit (coal) Subpart 3487 Louisiana, erroneously meandered
lands in Subpart 2544
Mail: Communications 1810.2 Certified or registered mail 1821.2-4
Management areas, recreation Part 8350 Management of designated
wilderness areas Part 8560 Maps and plans requirements (coal) Subpart
3482 Maps and plans requirements (solid minerals other than coal)
Subpart 3592 Material trespass 9239.6 Milling and mining waste (solid
minerals other than coal) Subpart 3596 Millsites: General Subparts
3844, 3864 In powersite withdrawals Subpart 3737 Mineral collection
permits -- acquired lands uses Subpart 3560.7 Mineral development impact
relief Subpart 1882 Mineral development, multiple Part 3740; 3500.6
Mineral lands: Entries 2093.3 Review for designation as unsuitable for
entry or leasing 1610.7-1 State grants Subpart 2623 Mineral Leasing:
Acquired lands 3101.2-2; 3500.0-3(a)(2) Coal Group 3400 Geothermal
resources Part 3200 Recreation areas and public purpose lands 3101.6
Military service 2096.2-8 Public domain lands 3101.2-1,
3500.0-3(a)(1) Oil and gas Parts 3100, 3130 Solid minerals Group 3500
Special leasing areas Part 3580 Mineral Leasing Act of 1920: Coal
3400.0-3(a)(1) General Part 3100 Rights-of-way for pipelines, oil and
gas Parts 2880, 3109 National forest lands in Minnesota 3500.0-3(b)(3)
Oil and gas Subpart 3100 Surface protection Subtitle A, Part 23 Minerals
other than oil and gas and coal, oil shale and Tar sands Group 3500
Reorganization Plan 3 3500.0-3(b) Rights-of-way Part 2800 Mineral
materials Part 3600 Mineral surveyors: Appointment and employment
3861.5 Contracts 3861.4 Duties 3861.3-1 Reports 3861.2-3 Mineral
trespass 9239.5 Minerals, disposal of reserved: General 3813.2 Act of
July 17, 1914 Subpart 3813 Stockraising Homestead Act Subpart 3814
Minerals -- nonmineral entries on mineral lands Subpart 2093 Mining
claims: Access to 3809.3-3 Adverse claims Subpart 3871 Areas subject
to special mining laws Part 3820 Assessment work Part 3850, 3833.2
Casual use 3802.1-2, 3809.1-2 Contests Subpart 3872 Describing
locations 3841.4 Discovery 3841.3 General Group 3800 Hearings Subparts
1850, 3713, 3870 Lands in more than one land district 1821.5 Lode claim
patent application Subpart 3862 Lode claims Subpart 3841 Millsite
patents Subpart 3864 Millsites Subpart 3844 Mineral patent applications
Part 3860 Mining laws of 1872 Group 3800 National Park Service Areas
Subpart 3826 Nature and classes Part 3840 Notice 3809.1-3 O and C lands
Subpart 3821 Placer claim patent applications Subpart 3863 Placer claims
Subpart 3842 Plan of operations 3802.1, 3809.1-4 Possessory rights
3862.3 Posting of claim 3861.7 Protests Subpart 3872 Recordation
Subpart 3833 Stock driveway withdrawals Subpart 3815 Surface management
Subpart 3809 Surveys and plats Subpart 3861 Tunnel sites Subpart 3843
Wilderness Review Program (exploration and mining) Subpart 3802 Mining
methods (coal) 3481.1, 3482.1 Mining Methods (solid minerals other
than coal) Part 3590 Minnesota: National Forest Lands 3500.0-3(b)(3)
Motion pictures Subtitle A, Part 5 Motor vehicles, off road vehicle
standards 8343.1 Motor vehicles, developed sites and areas Subpart 8365
Names of claimants 1821.1 National Advisory Boards 1784.5 National
Park Service areas Subpart 3582 National Petroleum Reserve -- Alaska
(oil and gas) Part 3130 National Recreation Areas:
Whiskeytown-Shasta-Trinity 3109.3, Subpart 3583, 3500.0-3(c)(4)
National Rivers 8351.2 National Trails 8351.1 National Wilderness
Preservation System Subtitle A, Part 19 Native allotments: Alaska
Subpart 2561 Segregative effect 2561.1 Native townsites (Alaska)
Subpart 2564 Natural Areas: Outstanding Subpart 8352 Research Subpart
8223 Natural History Resource Management Group 8200 Nevada: sand and
gravel Subpart 3586 Nonmineral entries on mineral lands Subpart 2093
Notations: Applications 1821.4 Records 1813.1-1
O and C lands: Federal timber contract payment modification Subpart
5475 General Part 5040 Grazing Part 4100 Mining Subpart 3821 Recreation
Group 8000 Rights-of-way Subpart 2812 Timber sales 5400.0-3 Trespass
9239.7-1 Oaths 1821.3 Occupancy: Cabin sites Subtitle A, Part 21
Unlawful 9239.2 Off-road vehicles Part 8340 Office hours of offices
1821.2-1 Officers -- authority to bind government 1810.3 Official
records, availability of Subtitle A, Part 2 Oil and Gas: Accreted lands
3110.5-4 Combined hydrocarbon leases Part 3140 Competitive leases
Subpart 3120 Drilling applications 3162.3-1 General
Information collection 3100.0-9 Group 3100 Free use of timber
5511.1-4 Issuance of leases Subpart 3101, 3132 Leasing under special
acts Subpart 3109 National Petroleum Reserve -- Alaska Subpart 3130
National Wildlife Refuge System lands 3101.5 Noncompetitive leases
Subpart 3110 Noncompliance and assessments Subpart 3163 Onshore oil and
gas orders 3164.1 Operations Part 3160
Information collection 3160.0-9 Oral auction 3120.5 Pipelines,
rights-of-way for (onshore) Part 2800 Qualification of leasees Subpart
3102 Rights-of-way leases 3109.1 Royalty reduction 3103.4-1 Transfers
Subpart 3106 Unit agreements Subpart 3105, 3180 Oil trespass 9239.5-2
Oklahoma: Asphalt leases Part 3570 Omitted lands: General Subpart 2547
Recreation and Public Purposes Act Subpart 2742 Snake River, Idaho
Subpart 2546 Surveys 9185.2-2, 9185.2-3 Opening orders Part 2091
Operations under mineral leases: Coal Part 3480 Geothermal Part 3260
Oil and gas Part 3160 Solid minerals other than coal Part 3590 Outdoor
recreation Group 8000 Outstanding natural areas Subpart 8352
Patents: Content 1862.1 Delivery 1862.2 Errors, correction Subpart
1865 Preparation and issuance Subpart 1862 Suits to vacate and annul
1862.5 Two-year rule 1862.6 Payments and repayments Subpart 1822
Payments in lieu of taxes Subpart 1881 Performance standards Subpart
3484 Permits: Archaeological resources Subtitle A, Part 7 Coal
3400.0-5(dd) Free use, mineral materials Part 3620 General Part 2920
Geophysical exploration (oil and gas) Subpart 3150 Gilsonite Subpart
3552 Grazing (Alaska reindeer) Part 4300 Grazing (exclusive of Alaska)
Subpart 4130 Hardrock minerals Part 3562 Off-road vehicles Subpart 8344
Oil and gas (Alaska) 3152.1 Oil and gas (drilling) 3162.3-1 Phosphate
3512 Potassium Part 3530, Subpart 3532 Range Improvement 4120.3-3
Recreation rules of conduct Subpart 8365 Recreation use (undeveloped
sites) 8372.1 Rights-of-way Parts 2800 and 2880 Sodium Subparts 3522,
3527 Special areas 8372.1-2 Sulphur Subpart 3542 Temporary use Parts
2800 and 2880 Timber Part 5510 Petition -- applications for
classification Part 2450 Petition -- reinstatements 3108.2 Petrified
wood Subpart 3622 Phosphate leases and permits Subparts 3511, 3512
Pierce Act Subpart 2120 Pipelines onshore, rights-of-way for Parts 2800
and 2880 Placer claims Subparts 3842, 3863 Planning analysis 1610.8(b)
Planning, programming and budgeting Part 1600 Guidance (resource
management planning) 1610.1 Process (resource management planning)
1610.4 Public participation 1610.2 Plats and tract books 1813.1
Policies, general Subpart 1725 Policy, fish and wildlife Subtitle A,
Part 24 Potassium leases and permits Part 3530 Power Subpart 2320
Practitioners Subpart 1812; Subtitle A Part 1 Price of lands 1725.2-1
Primitive areas Subpart 8352 Privacy Act Subtitle A, Part 2 Production
goals and leasing targets 3420.3 Production of records in court 1813.3
Production records and audit (solid minerals other than coal) Subpart
3597 Production verification, coal Subparts 3465 and 3486 Program
management Group 1700 Prohibited activities: Grazing 4140.1, 4150.1,
Subpart 4170 Recreation use Subparts 8340, 8341, 8343, 8351.2,
8352.1-4, Subparts 8364, 8365 Wilderness areas 8560.1-2 Protection
against mining hazards (solid minerals other than coal) Subpart 3595
Proofs Subpart 1823, 1824 Prospecting permits: Extensions Group 3500
Filing fees Group 3500 General Group 3500 Gilsonite Subpart 3552
Hardrock Subpart 3562 Phosphate 3512 Potassium Subpart 3532
Relinquishment, minerals 3509.1 Rentals Part 3503 Reorganization Plan
3 3500.0-3(b) Sodium Subpart 3522 Sulphur Subpart 3542 Terminations,
expirations, cancellations Subpart 3509 Protest and contest proceedings
Subpart 1850; Subtitle A Protest procedures (planning) 1610.5-2 Public
administrative procedures Group 1800 Public domain lands: Mineral
leasing (oil and gas) 3101 Mineral leasing (other than oil, gas, coal,
and tar sands) 3501.1-1 Public land orders, table of Appendix Public
land records Subpart 1813 Public participation (planning) 1610.2 Public
sales: General laws Part 2710
Qualifications of applicants for grazing: Alaska -- reindeer 4310.2
Exclusive of Alaska 4110.1 Qualifications of lessees (geothermal)
Subpart 3202 Qualifications of lessees (oil and gas) Subparts 3102, 3132
Qualifications of practitioners Subpart 1812
Radio sites, rights-of-way for Part 2800 Railroad grants Part 2630
Railroads, rights-of-way for Part 2800 Range improvements and
contributions: Alaska -- livestock 4220.9 Alaska -- reindeer 4320.9
Exclusive of Alaska 4120.3 Range management Subchapter D (4000)
Reclamation townsites Subpart 2764 Reconveyance, recordation of
1822.3-3 Recordable disclaimers of interest Subpart 1864 Records:
Availability of official Subtitle A, Part 2 General Subpart 1813 In
court 1813.3 Recreation: Closures and restrictions Subpart 8364
General Subpart 8000 Lands Part 8350 Management Group 8300 Programs
Subchapter H, Group 8000 Rules of conduct Subpart 8365 Use
authorizations Part 8370 Visitor services Part 8360 Wilderness areas
Part 8560 Recreation and public purposes: General Part 2740 Information
collection 2740.0-9 Leases Subpart 2912 Omitted lands and unsurveyed
islands Subpart 2742 Segregative effect 2091.7-1, 2741.5 Register,
serial 1813.2 Registered mail, use of 1821.2-4 Reindeer grazing:
Permits Part 4300 Segregative effect 2091.6-2, 4310.5 Trespass Subpart
4340 Reimbursement of costs (rights-of-way) 2808.1, 2883.1-1
Reinstatement of canceled entries Subpart 1826 Reinstatement of oil and
gas leases 3108.2 Related facilities - oil and gas pipelines Part 2880
Reliance upon information of opinion of officer 1810.3(c)
Relinquishments: Coal leases Subpart 3452 General Subpart 1825
Minerals, leases (except coal, oil shale, and oil and gas) Subpart 3509
Minerals, leases (oil and gas) Subpart 3108, 3136.1 Minerals,
prospecting permits 3509.1-1 Remittances 1822.1-2 Removal of
archaeological resources Subtitle A, Part 7 Rentals and royalties: Coal
3473 Solid minerals other than coal and oil shale Subpart 3503
Geothermal 3205 Oil and gas 3103, 3133 Rights-of-way 2803.1-2
Repayments Subpart 1822 Reports, royalties, and records: Coal Subpart
3485 Solid minerals other than coal Part 3590 Research natural areas
Subpart 8223 Reserved minerals, disposal of: Act of July 17, 1914
Subpart 3813 Act of September 14, 1960 (Alaska) 2627.3 Stockraising
Homestead Act Subpart 3814 Reservoirs, ditches and canals, rights-of-way
Part 2800 Resource management plan 1610.0-5(k) Resource management
planning: Amendments 1610.5-5 Approval and administrative review
1610.5-1 Conformity 1610.5-3 Consistency 1610.3-2 Coordination
1601.3-1 Decision review by Congress 1610.6 Designation of areas
1610.7 Guidance 1601.1 Inventory and information 1610.4-3 Issues
1610.4-1 Land use analysis 1610.5-7 NEPA policy 1601.0-6 Planning
analysis 1610.8(b) Planning criteria 1610.4-2 Process 1610.4 Protest
procedures 1610.5-2 Public participation 1601.2 Restorations and
revocations of withdrawals and reservations Subpart 2370 Resurveys
9185.1-2, 9185.3 Revocations Part 2370 Rights-of-way Group 2800 Rivers:
National Wild and Scenic 8351.2 Roads, rights-of-way for Parts 2800,
2810 Rules of construction -- words and phrases 1810.1 Rules, visitor
use: Commercial use 8372.0-7 Competitive use 8372.0-7 National wild
and scenic rivers 8351.2-1 Off-road vehicle 8341.2 Recreation sites
Subpart 8372 Rules of conduct Subpart 8365 Supplemental 8365.1-6
Wilderness areas Part 8560
Sales: Coal Subpart 3422 Competitive oil and gas 3120.5, 3131.4
Geothermal Subpart 3220 Mineral material Part 3610 Timber Subpart 5400
Public lands, general Subpart 2710 Public lands, procedures Subpart 2711
Scenic areas 8352.0-6(b) Scenic and wild rivers 8351.2 School land
grants, mineral sections Subpart 2623 School land patents Subpart 2674
Segregative effect Subpart 2091 Serial register 1813.2 Services,
recreation visitor Subpart 8361 Shore space, Alaska Subpart 2094
Simultaneous document filing procedures Subpart 1821 Snake River,
omitted lands Subpart 2546 Sodium, leases and permits Subpart 3520 Solid
minerals (other than coal) exploration and mining operations Part 3590
Special leasing areas (solid minerals other than coal and oil shale)
Part 3580 Special recreation permits Subpart 8372 State Advisory Boards
1784.6 State director review (oil and gas) 3165.3 State grants: Alaska
Subpart 2627 General Part 2620 Segregative effect 2627.4 State
irrigation districts Subpart 2783 Stockraising Homestead Act -- disposal
of reserved minerals Subpart 3814 Sulphur leases and permits Part 3540
Surface exploration, mining and reclamation of land Part 23 Surface
management Subparts 3802 and 3809 Surveys Part 9180 Suspension of
operations and production (S.O.P.): Coal Subparts 3473 and 3483
Geothermal 3205.3-8 Oil and gas 3103.4-2
Technical services Subchapter I (9000) Television sites, rights-of-way
for Part 2800 Telephone and telegraph lines, rights-of-way for Part 2800
Terminations (coal) Subpart 3452 Terminations (geothermal) 3244.2
Terminations (oil and gas) 3108.2 Testimony and proofs Subpart 1823
Testimony of employees of Department Subtitle A, Part 2 Timber Group
5400 Time limit for filing documents 1821.2-2 Title Conveyances Subpart
1863 Tort claims Subtitle A, Part 22 Township plats, filing of 1813.1-2
Townsite: Alaska native townsites Subpart 2564 Alaska Railroad Subpart
2566 General Subpart 2760 Nonnative Subpart 2565 Reclamation Subpart
2764 Tract books and plats 1813.1 Trails: Exchanges Subpart 2273
National 8351.1 Off-road vehicle designation Subpart 8342 Tramroads and
logging roads, rights-of-way for Part 2810 Transmission lines,
rights-of-way for Part 2800 Tunnel sites Subpart 3843
Unauthorized use Part 9230 Grazing Subpart 4150 Lands Parts 2800 and
2920 Mining materials Subpart 3603 Use authorizations Part 8370 Use
permits: Phosphate Subpart 3517 Sodium Subpart 3527 Unsuitability:
Coal mining Subpart 3461 Planning 1610.7-1
Vehicles: Developed sites and areas 8365.2-4 Off-road Part 8340
Vehicles operation -- off-road vehicles Subpart 8343 Veterans Subpart
2096 Visitor Services Part 8360
Water facilities, rights-of-way for Part 2812 Water power Subpart 2370
Whiskeytown-Shasta-Trinity National Recreation Area Subpart 3583,
3109.3 Wild and Scenic Rivers 8351.2 Wild free-roaming horse and burro:
Compliance Subpart 4760 Destruction of wild horses or burros and
disposal of remains Subpart 4730 Information collection 4700.0-9
Management considerations Subpart 4710 Motor vehicles and aircraft
Subpart 4740 Private maintenance Subpart 4750 Prohibited Acts,
administrative remedies and penalties Subpart 4770 Removal Subpart 4720
Wilderness areas Part 8560 Wilderness Areas -- mining claims 3809.1-4
Wilderness Area -- procedures for management Part 8560 Wilderness Review
Program: Exploration and mining Subpart 3802 Wildlife and fisheries
management Group 6000
Department of the Interior Fish and Wildlife Policy:
State-Federal relationships Subtitle A, Part 24 Wisconsin --
erroneously meandered lands Subpart 2545 Withdrawals and reservations:
General Group 2300 Restorations and revocations Subpart 2370
OFFICE OF THE SECRETARY OF THE INTERIOR, DEPARTMENT OF THE INTERIOR
43 CFR
American Fisheries Society
5410 Grosvenor Lane, Bethesda, MD 20814
Monetary Values of Freshwater Fish and Fish-Kill Counting Guidelines,
Special Publication No. 13, Part II, Fish-Kill Counting Guidelines
11.18; 11.62(f)(4)(i)(B); 11.71(1)(5)(iii)(A)
Department of the Interior
1801 ''C'' St., N.W., Washington, DC 20240
Also available from the National Technical Information Service
(NTIS), 5285 Port Royal Road, Springfield, VA 22161 (703) 487-4650
Economic and Environmental Principles and Guidelines for Water and
Related Land Resources Implementation Studies, Chapter II, Section VIII,
Appendix 1 ''Travel Cost Method'', Appendix 2 ''Contingent Value
Method'', and Appendix 3 ''Unit Day Value Method'' 11.18; 11.83(a)(3)
Measuring Damages to Coastal and Marine Natural Resources: Concepts
and Data Relevant for CERCLA Type A Damage Assessments (NRDAM/CME
technical document), January 1987, revised November 1987 11.18
Interagency Land Acquisition Conference
Washington, DC
Available from the Superintendent of Documents, U.S. Government
Printing Office, Washington, DC 20402
Uniform Appraisal Standards for Federal Land Acquisition 11.18;
11.83(c)(2)(i)
Chap.
43 CFR 431.9 Table of CFR Titles and Chapters
43 CFR 431.9 Title 1 -- General Provisions
I Administrative Committee of the Federal Register (Parts 1 -- 49)
II Office of the Federal Register (Parts 50 -- 299)
III Administrative Conference of the United States (Parts 300 -- 399)
IV Miscellaneous Agencies (Parts 400 -- 500)
43 CFR 431.9 Title 2 -- (Reserved)
43 CFR 431.9 Title 3 -- The President
I Executive Office of the President (Parts 100 -- 199)
43 CFR 431.9 Title 4 -- Accounts
I General Accounting Office (Parts 1 -- 99)
II Federal Claims Collection Standards (General Accounting Office --
Department of Justice) (Parts 100 -- 299)
43 CFR 431.9 Title 5 -- Administrative Personnel
I Office of Personnel Management (Parts 1 -- 1199)
II Merit Systems Protection Board (Parts 1200 -- 1299)
III Office of Management and Budget (Parts 1300 -- 1399)
IV Advisory Committee on Federal Pay (Parts 1400 -- 1499)
V The International Organizations Employees Loyalty Board (Parts 1500
-- 1599)
VI Federal Retirement Thrift Investment Board (Parts 1600 -- 1699)
VII Advisory Commission on Intergovernmental Relations (Parts 1700 --
1799)
VIII Office of Special Counsel (Parts 1800 -- 1899)
IX Appalachian Regional Commission (Parts 1900 -- 1999)
XI United States Soldiers' and Airmen's Home (Parts 2100 -- 2199)
XIV Federal Labor Relations Authority, General Counsel of the Federal
Labor Relations Authority and Federal Service Impasses Panel (Parts 2400
-- 2499)
XV Office of Administration, Executive Office of the President (Parts
2500 -- 2599)
XVI Office of Government Ethics (Parts 2600 -- 2699)
43 CFR 431.9 Title 6 -- Economic Stabilization (Reserved)
43 CFR 431.9 Title 7 -- Agriculture
Subtitle A -- Office of the Secretary of Agriculture (Parts 0 -- 26)
Subtitle B -- Regulations of the Department of Agriculture
I Agricultural Marketing Service (Standards, Inspections, Marketing
Practices), Department of Agriculture (Parts 27 -- 209)
II Food and Nutrition Service, Department of Agriculture (Parts 210
-- 299)
III Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 300 -- 399)
IV Federal Crop Insurance Corporation, Department of Agriculture
(Parts 400 -- 499)
V Agricultural Research Service, Department of Agriculture (Parts 500
-- 599)
VI Soil Conservation Service, Department of Agriculture (Parts 600 --
699)
VII Agricultural Stabilization and Conservation Service (Agricultural
Adjustment), Department of Agriculture (Parts 700 -- 799)
VIII Federal Grain Inspection Service, Department of Agriculture
(Parts 800 -- 899)
IX Agricultural Marketing Service (Marketing Agreements and Orders;
Fruits, Vegetables, Nuts), Department of Agriculture (Parts 900 -- 999)
X Agricultural Marketing Service (Marketing Agreements and Orders;
Milk), Department of Agriculture (Parts 1000 -- 1199)
XI Agricultural Marketing Service (Marketing Agreements and Orders;
Miscellaneous Commodities), Department of Agriculture (Parts 1200 --
1299)
XIV Commodity Credit Corporation, Department of Agriculture (Parts
1400 -- 1499)
XV Foreign Agricultural Service, Department of Agriculture (Parts
1500 -- 1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts 1600 --
1699)
XVII Rural Electrification Administration, Department of Agriculture
(Parts 1700 -- 1799)
XVIII Farmers Home Administration, Department of Agriculture (Parts
1800 -- 2099)
XXI Foreign Economic Development Service, Department of Agriculture
(Parts 2100 -- 2199)
XXII Office of International Cooperation and Development, Department
of Agriculture (Parts 2200 -- 2299)
XXV Office of the General Sales Manager, Department of Agriculture
(Parts 2500 -- 2599)
XXVI Office of Inspector General, Department of Agriculture (Parts
2600 -- 2699)
XXVII Office of Information Resources Management, Department of
Agriculture (Parts 2700 -- 2799)
XXVIII Office of Operations, Department of Agriculture (Parts 2800 --
2899)
XXIX Office of Energy, Department of Agriculture (Parts 2900 -- 2999)
XXX Office of Finance and Management, Department of Agriculture
(Parts 3000 -- 3099)
XXXI Office of Environmental Quality, Department of Agriculture
(Parts 3100 -- 3199)
XXXII Office of Grants and Program Systems, Department of Agriculture
(Parts 3200 -- 3299)
XXXIII Office of Transportation, Department of Agriculture (Parts
3300 -- 3399)
XXXIV Cooperative State Research Service, Department of Agriculture
(Parts 3400 -- 3499)
XXXVI National Agricultural Statistics Service, Department of
Agriculture (Parts 3600 -- 3699)
XXXVII Economic Research Service, Department of Agriculture (Parts
3700 -- 3799)
XXXVIII World Agricultural Outlook Board, Department of Agriculture
(Parts 3800 -- 3899)
XXXIX Economic Analysis Staff, Department of Agriculture (Parts 3900
-- 3999)
XL Economics Management Staff, Department of Agriculture (Parts 4000
-- 4099)
XLI National Agricultural Library, Department of Agriculture (Part
4100)
43 CFR 431.9 Title 8 -- Aliens and Nationality
I Immigration and Naturalization Service, Department of Justice
(Parts 1 -- 499)
43 CFR 431.9 Title 9 -- Animals and Animal Products
I Animal and Plant Health Inspection Service, Department of
Agriculture (Parts 1 -- 199)
II Packers and Stockyards Administration, Department of Agriculture
(Parts 200 -- 299)
III Food Safety and Inspection Service, Meat and Poultry Inspection,
Department of Agriculture (Parts 300 -- 399)
43 CFR 431.9 Title 10 -- Energy
I Nuclear Regulatory Commission (Parts 0 -- 199)
II Department of Energy (Parts 200 -- 699)
III Department of Energy (Parts 700 -- 999)
X Department of Energy (General Provisions) (Parts 1000 -- 1099)
XV Office of the Federal Inspector for the Alaska Natural Gas
Transportation System (Parts 1500 -- 1599)
XVII Defense Nuclear Facilities Safety Board (Parts 1700 -- 1799)
43 CFR 431.9 Title 11 -- Federal Elections
I Federal Election Commission (Parts 1 -- 9099)
43 CFR 431.9 Title 12 -- Banks and Banking
I Comptroller of the Currency, Department of the Treasury (Parts 1 --
199)
II Federal Reserve System (Parts 200 -- 299)
III Federal Deposit Insurance Corporation (Parts 300 -- 399)
IV Export-Import Bank of the United States (Parts 400 -- 499)
V Office of Thrift Supervision, Department of The Treasury (Parts 500
-- 599)
VI Farm Credit Administration (Parts 600 -- 699)
VII National Credit Union Administration (Parts 700 -- 799)
VIII Federal Financing Bank (Parts 800 -- 899)
IX Federal Housing Finance Board (Parts 900 -- 999)
XI Federal Financial Institutions Examination Council (Parts 1100 --
1199)
XIII Farm Credit System Assistance Board (Parts 1300 -- 1399)
XIV Farm Credit System Insurance Corporation (Parts 1400 -- 1499)
XV Thrift Depositor Protection Oversight Board (Parts 1500 -- 1599)
XVI Resolution Trust Corporation (Parts 1600 -- 1699)
43 CFR 431.9 Title 13 -- Business Credit and Assistance
I Small Business Administration (Parts 1 -- 199)
III Economic Development Administration, Department of Commerce
(Parts 300 -- 399)
43 CFR 431.9 Title 14 -- Aeronautics and Space
I Federal Aviation Administration, Department of Transportation
(Parts 1 -- 199)
II Office of the Secretary, Department of Transportation (Aviation
Proceedings) (Parts 200 -- 399)
III Office of Commercial Space Transportation, Department of
Transportation (Parts 400 -- 499)
V National Aeronautics and Space Administration (Parts 1200 -- 1299)
43 CFR 431.9 Title 15 -- Commerce and Foreign Trade
Subtitle A -- Office of the Secretary of Commerce (Parts 0 -- 29)
Subtitle B -- Regulations Relating to Commerce and Foreign Trade
I Bureau of the Census, Department of Commerce (Parts 30 -- 199)
II National Institute of Standards and Technology, Department of
Commerce (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
IV Foreign-Trade Zones Board (Parts 400 -- 499)
VII Bureau of Export Administration, Department of Commerce (Parts
700 -- 799)
VIII Bureau of Economic Analysis, Department of Commerce (Parts 800
-- 899)
IX National Oceanic and Atmospheric Administration, Department of
Commerce (Parts 900 -- 999)
XI Technology Administration, Department of Commerce (Parts 1100 --
1199)
XII United States Travel and Tourism Administration, Department of
Commerce (Parts 1200 -- 1299)
XIII East-West Foreign Trade Board (Parts 1300 -- 1399)
XIV Minority Business Development Agency (Parts 1400 -- 1499)
Subtitle C -- Regulations Relating to Foreign Trade Agreements
XX Office of the United States Trade Representative (Parts 2000 --
2099)
Subtitle D -- Regulations Relating to Telecommunications and
Information
XXIII National Telecommunications and Information Administration,
Department of Commerce (Parts 2300 -- 2399)
43 CFR 431.9 Title 16 -- Commercial Practices
I Federal Trade Commission (Parts 0 -- 999)
II Consumer Product Safety Commission (Parts 1000 -- 1799)
43 CFR 431.9 Title 17 -- Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1 -- 199)
II Securities and Exchange Commission (Parts 200 -- 399)
IV Department of the Treasury (Parts 400 -- 499)
43 CFR 431.9 Title 18 -- Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of Energy (Parts 1
-- 399)
III Delaware River Basin Commission (Parts 400 -- 499)
VI Water Resources Council (Parts 700 -- 799)
VIII Susquehanna River Basin Commission (Parts 800 -- 899)
XIII Tennessee Valley Authority (Parts 1300 -- 1399)
43 CFR 431.9 Title 19 -- Customs Duties
I United States Customs Service, Department of the Treasury (Parts 1
-- 199)
II United States International Trade Commission (Parts 200 -- 299)
III International Trade Administration, Department of Commerce (Parts
300 -- 399)
43 CFR 431.9 Title 20 -- Employees' Benefits
I Office of Workers' Compensation Programs, Department of Labor
(Parts 1 -- 199)
II Railroad Retirement Board (Parts 200 -- 399)
III Social Security Administration, Department of Health and Human
Services (Parts 400 -- 499)
IV Employees' Compensation Appeals Board, Department of Labor (Parts
500 -- 599)
V Employment and Training Administration, Department of Labor (Parts
600 -- 699)
VI Employment Standards Administration, Department of Labor (Parts
700 -- 799)
VII Benefits Review Board, Department of Labor (Parts 800 -- 899)
VIII Joint Board for the Enrollment of Actuaries (Parts 900 -- 999)
IX Office of the Assistant Secretary for Veterans' Employment and
Training, Department of Labor (Parts 1000 -- 1099)
43 CFR 431.9 Title 21 -- Food and Drugs
I Food and Drug Administration, Department of Health and Human
Services (Parts 1 -- 1299)
II Drug Enforcement Administration, Department of Justice (Parts 1300
-- 1399)
43 CFR 431.9 Title 22 -- Foreign Relations
I Department of State (Parts 1 -- 199)
II Agency for International Development, International Development
Cooperation Agency (Parts 200 -- 299)
III Peace Corps (Parts 300 -- 399)
IV International Joint Commission, United States and Canada (Parts
400 -- 499)
V United States Information Agency (Parts 500 -- 599)
VI United States Arms Control and Disarmament Agency (Parts 600 --
699)
VII Overseas Private Investment Corporation, International
Development Cooperation Agency (Parts 700 -- 799)
IX Foreign Service Grievance Board Regulations (Parts 900 -- 999)
X Inter-American Foundation (Parts 1000 -- 1099)
XI International Boundary and Water Commission, United States and
Mexico, United States Section (Parts 1100 -- 1199)
XII United States International Development Cooperation Agency (Parts
1200 -- 1299)
XIII Board for International Broadcasting (Parts 1300 -- 1399)
XIV Foreign Service Labor Relations Board; Federal Labor Relations
Authority; General Counsel of the Federal Labor Relations Authority;
and the Foreign Service Impasse Disputes Panel (Parts 1400 -- 1499)
XV African Development Foundation (Parts 1500 -- 1599)
XVI Japan-United States Friendship Commission (Parts 1600 -- 1699)
43 CFR 431.9 Title 23 -- Highways
I Federal Highway Administration, Department of Transportation (Parts
1 -- 999)
II National Highway Traffic Safety Administration and Federal Highway
Administration, Department of Transportation (Parts 1200 -- 1299)
III National Highway Traffic Safety Administration, Department of
Transportation (Parts 1300 -- 1399)
43 CFR 431.9 Title 24 -- Housing and Urban Development
Subtitle A -- Office of the Secretary, Department of Housing and
Urban Development (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Housing and Urban Development
I Office of Assistant Secretary for Equal Opportunity, Department of
Housing and Urban Development (Parts 100 -- 199)
II Office of Assistant Secretary for Housing-Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 200 --
299)
III Government National Mortgage Association, Department of Housing
and Urban Development (Parts 300 -- 399)
V Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 500 --
599)
VI Office of Assistant Secretary for Community Planning and
Development, Department of Housing and Urban Development (Parts 600 --
699)
VII Office of the Secretary, Department of Housing and Urban
Development (Section 8 Housing Assistance Programs and Public and Indian
Housing Programs) (Parts 700 -- 799)
VIII Office of the Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Section 8
Housing Assistance Programs and Section 202 Direct Loan Program) (Parts
800 -- 899)
IX Office of Assistant Secretary for Public and Indian Housing,
Department of Housing and Urban Development (Parts 900 -- 999)
X Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Interstate
Land Sales Registration Program) (Parts 1700 -- 1799)
XI Solar Energy and Energy Conservation Bank, Department of Housing
and Urban Development (Parts 1800 -- 1899)
XII Office of Inspector General, Department of Housing and Urban
Development (Parts 2000 -- 2099)
XV Mortgage Insurance and Loan Programs under the Emergency
Homeowners' Relief Act, Department of Housing and Urban Development
(Parts 2700 -- 2799)
XX Office of Assistant Secretary for Housing -- Federal Housing
Commissioner, Department of Housing and Urban Development (Parts 3200 --
3699)
XXV Neighborhood Reinvestment Corporation (Parts 4100 -- 4199)
43 CFR 431.9 Title 25 -- Indians
I Bureau of Indian Affairs, Department of the Interior (Parts 1 --
299)
II Indian Arts and Crafts Board, Department of the Interior (Parts
300 -- 399)
III National Indian Gaming Commission (Parts 500 -- 599)
IV Office of Navajo and Hopi Indian Relocation (Parts 700 -- 799)
43 CFR 431.9 Title 26 -- Internal Revenue
I Internal Revenue Service, Department of the Treasury (Parts 1 --
799)
43 CFR 431.9 Title 27 -- Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of the Treasury
(Parts 1 -- 299)
43 CFR 431.9 Title 28 -- Judicial Administration
I Department of Justice (Parts 0 -- 199)
III Federal Prison Industries, Inc., Department of Justice (Parts 300
-- 399)
V Bureau of Prisons, Department of Justice (Parts 500 -- 599)
VI Offices of Independent Counsel, Department of Justice (Parts 600
-- 699)
VII Office of Independent Counsel (Parts 700 -- 799)
43 CFR 431.9 Title 29 -- Labor
Subtitle A -- Office of the Secretary of Labor (Parts 0 -- 99)
Subtitle B -- Regulations Relating to Labor
I National Labor Relations Board (Parts 100 -- 199)
II Bureau of Labor-Management Relations and Cooperative Programs,
Department of Labor (Parts 200 -- 299)
III National Railroad Adjustment Board (Parts 300 -- 399)
IV Office of Labor-Management Standards, Department of Labor (Parts
400 -- 499)
V Wage and Hour Division, Department of Labor (Parts 500 -- 899)
IX Construction Industry Collective Bargaining Commission (Parts 900
-- 999)
X National Mediation Board (Parts 1200 -- 1299)
XII Federal Mediation and Conciliation Service (Parts 1400 -- 1499)
XIV Equal Employment Opportunity Commission (Parts 1600 -- 1699)
XVII Occupational Safety and Health Administration, Department of
Labor (Parts 1900 -- 1999)
XX Occupational Safety and Health Review Commission (Parts 2200 --
2499)
XXV Pension and Welfare Benefits Administration, Department of Labor
(Parts 2500 -- 2599)
XXVI Pension Benefit Guaranty Corporation (Parts 2600 -- 2699)
XXVII Federal Mine Safety and Health Review Commission (Parts 2700 --
2799)
43 CFR 431.9 Title 30 -- Mineral Resources
I Mine Safety and Health Administration, Department of Labor (Parts 1
-- 199)
II Minerals Management Service, Department of the Interior (Parts 200
-- 299)
III Board of Surface Mining and Reclamation Appeals, Department of
the Interior (Parts 300 -- 399)
IV Geological Survey, Department of the Interior (Parts 400 -- 499)
VI Bureau of Mines, Department of the Interior (Parts 600 -- 699)
VII Office of Surface Mining Reclamation and Enforcement, Department
of the Interior (Parts 700 -- 999)
43 CFR 431.9 Title 31 -- Money and Finance: Treasury
Subtitle A -- Office of the Secretary of the Treasury (Parts 0 -- 50)
Subtitle B -- Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts 51 -- 199)
II Fiscal Service, Department of the Treasury (Parts 200 -- 399)
IV Secret Service, Department of the Treasury (Parts 400 -- 499)
V Office of Foreign Assets Control, Department of the Treasury (Parts
500 -- 599)
VI Bureau of Engraving and Printing, Department of the Treasury
(Parts 600 -- 699)
VII Federal Law Enforcement Training Center, Department of the
Treasury (Parts 700 -- 799)
VIII Office of International Investment, Department of the Treasury
(Parts 800 -- 899)
43 CFR 431.9 Title 32 -- National Defense
Subtitle A -- Department of Defense
I Office of the Secretary of Defense (Parts 1 -- 399)
V Department of the Army (Parts 400 -- 699)
VI Department of the Navy (Parts 700 -- 799)
VII Department of the Air Force (Parts 800 -- 1099)
Subtitle B -- Other Regulations Relating to National Defense
XII Defense Logistics Agency (Parts 1200 -- 1299)
XVI Selective Service System (Parts 1600 -- 1699)
XIX Central Intelligence Agency (Parts 1900 -- 1999)
XX Information Security Oversight Office (Parts 2000 -- 2099)
XXI National Security Council (Parts 2100 -- 2199)
XXIV Office of Science and Technology Policy (Parts 2400 -- 2499)
XXVII Office for Micronesian Status Negotiations (Parts 2700 -- 2799)
XXVIII Office of the Vice President of the United States (Parts 2800
-- 2899)
43 CFR 431.9 Title 33 -- Navigation and Navigable Waters
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Corps of Engineers, Department of the Army (Parts 200 -- 399)
IV Saint Lawrence Seaway Development Corporation, Department of
Transportation (Parts 400 -- 499)
43 CFR 431.9 Title 34 -- Education
Subtitle A -- Office of the Secretary, Department of Education (Parts
1 -- 99)
Subtitle B -- Regulations of the Offices of the Department of
Education
I Office for Civil Rights, Department of Education (Parts 100 -- 199)
II Office of Elementary and Secondary Education, Department of
Education (Parts 200 -- 299)
III Office of Special Education and Rehabilitative Services,
Department of Education (Parts 300 -- 399)
IV Office of Vocational and Adult Education, Department of Education
(Parts 400 -- 499)
V Office of Bilingual Education and Minority Languages Affairs,
Department of Education (Parts 500 -- 599)
VI Office of Postsecondary Education, Department of Education (Parts
600 -- 699)
VII Office of Educational Research and Improvement, Department of
Education (Parts 700 -- 799)
43 CFR 431.9 Title 35 -- Panama Canal
I Panama Canal Regulations (Parts 1 -- 299)
43 CFR 431.9 Title 36 -- Parks, Forests, and Public Property
I National Park Service, Department of the Interior (Parts 1 -- 199)
II Forest Service, Department of Agriculture (Parts 200 -- 299)
III Corps of Engineers, Department of the Army (Parts 300 -- 399)
IV American Battle Monuments Commission (Parts 400 -- 499)
V Smithsonian Institution (Parts 500 -- 599)
VII Library of Congress (Parts 700 -- 799)
VIII Advisory Council on Historic Preservation (Parts 800 -- 899)
IX Pennsylvania Avenue Development Corporation (Parts 900 -- 999)
XI Architectural and Transportation Barriers Compliance Board (Parts
1100 -- 1199)
XII National Archives and Records Administration (Parts 1200 -- 1299)
43 CFR 431.9 Title 37 -- Patents, Trademarks, and Copyrights
I Patent and Trademark Office, Department of Commerce (Parts 1 --
199)
II Copyright Office, Library of Congress (Parts 200 -- 299)
III Copyright Royalty Tribunal (Parts 300 -- 399)
IV Assistant Secretary for Technology Policy, Department of Commerce
(Parts 400 -- 499)
V Under Secretary for Technology, Department of Commerce (Parts 500
-- 599)
43 CFR 431.9 Title 38 -- Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0 -- 99)
43 CFR 431.9 Title 39 -- Postal Service
I United States Postal Service (Parts 1 -- 999)
III Postal Rate Commission (Parts 3000 -- 3099)
43 CFR 431.9 Title 40 -- Protection of Environment
I Environmental Protection Agency (Parts 1 -- 799)
V Council on Environmental Quality (Parts 1500 -- 1599)
43 CFR 431.9 Title 41 -- Public Contracts and Property Management
Subtitle B -- Other Provisions Relating to Public Contracts
50 Public Contracts, Department of Labor (Parts 50-1 -- 50-999)
51 Committee for Purchase from the Blind and Other Severely
Handicapped (Parts 51-1 -- 51-99)
60 Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor (Parts 60-1 -- 60-999)
61 Office of the Assistant Secretary for Veterans Employment and
Training, Department of Labor (Parts 61-1 -- 61-999)
Subtitle C -- Federal Property Management Regulations System
101 Federal Property Management Regulations (Parts 101-1 -- 101-99)
105 General Services Administration (Parts 105-1 -- 105-999)
109 Department of Energy Property Management Regulations (Parts 109-1
-- 109-99)
114 Department of the Interior (Parts 114-1 -- 114-99)
115 Environmental Protection Agency (Parts 115-1 -- 115-99)
128 Department of Justice (Parts 128-1 -- 128-99)
132 Department of the Air Force (Parts 132-1 -- 132-99)
Subtitle D -- Other Provisions Relating to Property Management
(Reserved)
Subtitle E -- Federal Information Resources Management Regulations
System
201 Federal Information Resources Management Regulation (Parts 201-1
-- 201-99)
Subtitle F -- Federal Travel Regulation System
301 Travel Allowances (Parts 301-1 -- 301-99)
302 Relocation Allowances (Parts 302-1 -- 302-99)
303 Payment of Expenses Connected with the Death of Certain Employees
(Parts 303-1 -- 303-2)
304 Payment from a non-Federal source for travel expenses (Parts
304-1 -- 304-99)
43 CFR 431.9 Title 42 -- Public Health
I Public Health Service, Department of Health and Human Services
(Parts 1 -- 199)
IV Health Care Financing Administration, Department of Health and
Human Services (Parts 400 -- 499)
V Office of Inspector General-Health Care, Department of Health and
Human Services (Parts 1000 -- 1999)
43 CFR 431.9 Title 43 -- Public Lands: Interior
Subtitle A -- Office of the Secretary of the Interior (Parts 1 --
199)
Subtitle B -- Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior (Parts 200 --
499)
II Bureau of Land Management, Department of the Interior (Parts 1000
-- 9999)
43 CFR 431.9 Title 44 -- Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0 -- 399)
IV Department of Commerce and Department of Transportation (Parts 400
-- 499)
43 CFR 431.9 Title 45 -- Public Welfare
Subtitle A -- Department of Health and Human Services, General
Administration (Parts 1 -- 199)
Subtitle B -- Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs), Administration
for Children and Families, Department of Health and Human Services
(Parts 200 -- 299)
III Office of Child Support Enforcement (Child Support Enforcement
Program), Administration for Children and Families, Department of Health
and Human Services (Parts 300 -- 399)
IV Office of Refugee Resettlement, Administration for Children and
Families Department of Health and Human Services (Parts 400 -- 499)
V Foreign Claims Settlement Commission of the United States,
Department of Justice (Parts 500 -- 599)
VI National Science Foundation (Parts 600 -- 699)
VII Commission on Civil Rights (Parts 700 -- 799)
VIII Office of Personnel Management (Parts 800 -- 899)
X Office of Community Services, Administration for Children and
Families, Department of Health and Human Services (Parts 1000 -- 1099)
XI National Foundation on the Arts and the Humanities (Parts 1100 --
1199)
XII ACTION (Parts 1200 -- 1299)
XIII Office of Human Development Services, Department of Health and
Human Services (Parts 1300 -- 1399)
XVI Legal Services Corporation (Parts 1600 -- 1699)
XVII National Commission on Libraries and Information Science (Parts
1700 -- 1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800 -- 1899)
XXI Commission on Fine Arts (Parts 2100 -- 2199)
XXII Christopher Columbus Quincentenary Jubilee Commission (Parts
2200 -- 2299)
XXIV James Madison Memorial Fellowship Foundation (Parts 2400 --
2499)
43 CFR 431.9 Title 46 -- Shipping
I Coast Guard, Department of Transportation (Parts 1 -- 199)
II Maritime Administration, Department of Transportation (Parts 200
-- 399)
III Coast Guard (Great Lakes Pilotage), Department of Transportation
(Parts 400 -- 499)
IV Federal Maritime Commission (Parts 500 -- 599)
43 CFR 431.9 Title 47 -- Telecommunication
I Federal Communications Commission (Parts 0 -- 199)
II Office of Science and Technology Policy and National Security
Council (Parts 200 -- 299)
III National Telecommunications and Information Administration,
Department of Commerce (Parts 300 -- 399)
43 CFR 431.9 Title 48 -- Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1 -- 99)
2 Department of Defense (Parts 200 -- 299)
3 Department of Health and Human Services (Parts 300 -- 399)
4 Department of Agriculture (Parts 400 -- 499)
5 General Services Administration (Parts 500 -- 599)
6 Department of State (Parts 600 -- 699)
7 Agency for International Development (Parts 700 -- 799)
8 Department of Veterans Affairs (Parts 800 -- 899)
9 Department of Energy (Parts 900 -- 999)
10 Department of the Treasury (Parts 1000 -- 1099)
12 Department of Transportation (Parts 1200 -- 1299)
13 Department of Commerce (Parts 1300 -- 1399)
14 Department of the Interior (Parts 1400 -- 1499)
15 Environmental Protection Agency (Parts 1500 -- 1599)
16 Office of Personnel Management Federal Employees Health Benefits
Acquisition Regulation (Parts 1600 -- 1699)
17 Office of Personnel Management (Parts 1700 -- 1799)
18 National Aeronautics and Space Administration (Parts 1800 -- 1899)
19 United States Information Agency (Parts 1900 -- 1999)
22 Small Business Administration (Parts 2200 -- 2299)
24 Department of Housing and Urban Development (Parts 2400 -- 2499)
25 National Science Foundation (Parts 2500 -- 2599)
28 Department of Justice (Parts 2800 -- 2899)
29 Department of Labor (Parts 2900 -- 2999)
34 Department of Education Acquisition Regulation (Parts 3400 --
3499)
35 Panama Canal Commission (Parts 3500 -- 3599)
44 Federal Emergency Management Agency (Parts 4400 -- 4499)
51 Department of the Army Acquisition Regulations (Parts 5100 --
5199)
52 Department of the Navy Acquisition Regulations (Parts 5200 --
5299)
53 Department of the Air Force Federal Acquisition Regulation
Supplement (Parts 5300 -- 5399)
57 African Development Foundation (Parts 5700 -- 5799)
61 General Services Administration Board of Contract Appeals (Parts
6100 -- 6199)
63 Department of Transportation Board of Contract Appeals (Parts 6300
-- 6399)
99 Cost Accounting Standards Board, Office of Federal Procurement
Policy, Office of Management and Budget (Parts 9900 -- 9999)
43 CFR 431.9 Title 49 -- Transportation
Subtitle A -- Office of the Secretary of Transportation (Parts 1 --
99)
Subtitle B -- Other Regulations Relating to Transportation
I Research and Special Programs Administration, Department of
Transportation (Parts 100 -- 199)
II Federal Railroad Administration, Department of Transportation
(Parts 200 -- 299)
III Federal Highway Administration, Department of Transportation
(Parts 300 -- 399)
IV Coast Guard, Department of Transportation (Parts 400 -- 499)
V National Highway Traffic Safety Administration, Department of
Transportation (Parts 500 -- 599)
VI Federal Transit Administration, Department of Transportation
(Parts 600 -- 699)
VII National Railroad Passenger Corporation (AMTRAK) (Parts 700 --
799)
VIII National Transportation Safety Board (Parts 800 -- 899)
X Interstate Commerce Commission (Parts 1000 -- 1399)
43 CFR 431.9 Title 50 -- Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of the Interior
(Parts 1 -- 199)
II National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 200 -- 299)
III International Regulatory Agencies (Fishing and Whaling) (Parts
300 -- 399)
IV Joint Regulations (United States Fish and Wildlife Service,
Department of the Interior and National Marine Fisheries Service,
National Oceanic and Atmospheric Administration, Department of
Commerce); Endangered Species Committee Regulations (Parts 400 -- 499)
V Marine Mammal Commission (Parts 500 -- 599)
VI Fishery Conservation and Management, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts 600 -- 699)
43 CFR 431.9 CFR Index and Finding Aids Subject/Agency Index List
of Agency Prepared Indexes Parallel Tables of Statutory Authorities and
Rules Acts Requiring Publication in the Federal Register List of CFR
Titles, Chapters, Subchapters, and Parts
43 CFR 431.9 Alphabetical List of Agencies Appearing in the CFR
CFR Title, Subtitle or
Agency
Chapter
ACTION 45, XII
Administrative Committee of the Federal Register 1, I
Administrative Conference of the United States 1, III
Advisory Commission on Intergovernmental Relations 5, VII
Advisory Committee on Federal Pay 5, IV
Advisory Council on Historic Preservation 36, VIII
African Development Foundation 22, XV; 48, 57
Agency for International Development 22, II; 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Agriculture Department
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agricultural Stabilization and Conservation Service 7, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Commodity Credit Corporation 7, XIV
Cooperative State Research Service 7, XXXIV
Economic Analysis Staff 7, XXXIX
Economic Research Service 7, XXXVII
Economics Management Staff 7, XL
Energy, Office of 7, XXIX
Environmental Quality, Office of 7, XXXI
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Federal Grain Inspection Service 7, VIII
Finance and Management, Office of 7, XXX
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Economic Development Service 7, XXI
Forest Service 36, II
General Sales Manager, Office of 7, XXV
Grants and Program Systems, Office of 7, XXXII
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
International Cooperation and Development Office 7, XXII
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
Operations Office 7, XXVIII
Packers and Stockyards Administration 9, II
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Secretary of Agriculture, Office of 7, Subtitle A
Soil Conservation Service 7, VI
Transportation, Office of 7, XXXIII
World Agriculture Outlook Board 7, XXXVIII
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Federal Acquisition Regulation Supplement 48, 53
Alaska Natural Gas Transportation System, Office of the Federal
Inspector 10, XV
Alcohol, Tobacco and Firearms, Bureau of 27, I
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
Architectural and Transportation Barriers Compliance Board 36, XI
Arms Control and Disarmament Agency, U.S. 22, VI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Assistant Secretary for Technology Policy, Department of Commerce 37,
IV
Benefits Review Board 20, VII
Bicentennial of the United States Constitution, Commission on the 45,
XX
Bilingual Education and Minority Languages Affairs, Office of 34, V
Blind and Other Severely Handicapped, Committee for Purchase from 41,
51
Board for International Broadcasting 22, XIII
Budget, Office of Management and 5, III
Census Bureau 15, I
Central Intelligence Agency 32, XIX
Child Support Enforcement, Office of 45, III
Christopher Columbus Quincentenary Jubilee Commission 45, XXII
Civil Rights Commission 45, VII
Civil Rights, Office for (Education Department) 34, I
Claims Collection Standards, Federal 4, II
Coast Guard 33, I; 46, I, III; 49, IV
Commerce Department 44, IV
Census Bureau 15, I
Assistant Secretary for Technology Policy 37, IV
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Endangered Species Committee 50, IV
Export Administration Bureau 15, VII
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Telecommunications and Information Administration 15, XXIII;
47, III
Patent and Trademark Office 37, I
Productivity, Technology and Innovation, Assistant Secretary for 37,
IV
Secretary of Commerce, Office of 15, Subtitle A
Technology Administration 15, XI
Under Secretary for Technology 37, V
United States Travel and Tourism Administration 15, XII
Commercial Space Transportation, Office of, Department of
Transportation 14, III
Commission on the Bicentennial of the United States Constitution 45,
XX
Committee for Purchase from the Blind and Other Severely Handicapped
41, 51
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 17, I
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining Commission 29, IX
Consumer Product Safety Commission 16, II
Cooperative State Research Service 7, XXXIV
Copyright Office 37, II
Copyright Royalty Tribunal 37, III
Cost Accounting Standards Board, Office of Federal Procurement Policy
48, 99
Council on Environmental Quality 40, V
Customs Service, United States 19, I
Defense Department 32, Subtitle A
Air Force Department 32, VII; 41, Subtitle C, Ch. 132
Army Department 32, V; 33, II; 36, III, 48, 51
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 2
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 32, I
Defense Logistics Agency 32, XII
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Under Secretary (Commerce) 37, V
Economic Analysis, Bureau of 15, VIII
Economic Analysis Staff, Department of Agriculture 7, XXXIX
Economic Development Administration 13, III
Economics Management Staff 7, XL
Economic Research Service 7, XXXVII
Education, Department of
Bilingual Education and Minority Languages Affairs, Office of 34, V
Civil Rights, Office for 34, I
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, Office of 34, III
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board, International Organizations 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 10, II, III, X; 41, 109
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 18, I
Energy, Office of, Department of Agriculture 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 40, I; 41, 115; 48, 15
Environmental Quality, Office of (Agriculture Department) 7, XXXI
Equal Employment Opportunity Commission 29, XIV
Equal Opportunity, Office of Assistant Secretary for 24, I
Executive Office of the President 3, I
Administration, Office of 5, XV
Export Administration Bureau 15, VII
Export-Import Bank of the United States 12, IV
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Farm Credit Administration 12, VI
Farm Credit System Assistance Board 12, XIII
Farm Credit System Insurance Corporation 12, XIV
Farmers Home Administration 7, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Federal Claims Collection Standards 4, II
Federal Communications Commission 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 12, III
Federal Election Commission 11, I
Federal Emergency Management Agency 44, I; 48, 44
Federal Energy Regulatory Commission 18, I
Federal Financial Institutions Examination Council 12, XI
Federal Financing Bank 12, VIII
Federal Grain Inspection Service 7, VIII
Federal Highway Administration 23, I, II; 49, III
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Finance Board 12, IX
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Inspector for the Alaska Natural Gas Transportation System,
Office of 10, XV
Federal Labor Relations Authority, and General Counsel of the Federal
Labor Relations Authority 5, XIV; 22, XIV
Federal Law Enforcement Training Center 31, VII
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 29, XXVII
Federal Pay, Advisory Committee on 5, IV
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Property Management Regulations System 41, Subtitle C
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Federal Retirement Thrift Investment Board 5, VI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 16, I
Federal Travel Regulation System 41, Subtitle F
Finance and Management, Department of Agriculture 7, XXX
Fine Arts Commission 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Fishery Conservation and Management 50, VI
Fishing and Whaling, International Regulatory Agencies 50, III
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of United States 45, V
Foreign Economic Development Service 7, XXI
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Accounting Office 4, I, II, III
General Sales Manager, Office of 7, XXV
General Services Administration
Contract Appeals Board 48, 61
Federal Acquisition Regulation 48, 5
Federal Information Resources Management Regulations 41, Subtitle E,
Ch. 201
Federal Property Management Regulations System 41, 101, 105
Federal Travel Regulation System 41, Subtitle F
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Relocation Allowances 41, 302
Travel Allowances 41, 301
Geological Survey 30, IV
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grants and Program Systems, Office of 7, XXXII
Great Lakes Pilotage 46, III
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 45, Subtitle A
Child Support Enforcement, Office of 45, III
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Family Support Administration 45, II, III, IV, X
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Health Care Financing Administration 42, IV
Human Development Services Office 45, XIII
Inspector General, Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Social Security Administration 20, III; 45, IV
Health Care Financing Administration 42, IV
Housing and Urban Development, Department of
Community Planning and Development, Office of Assistant Secretary for
24, V, VI
Equal Opportunity, Office of Assistant Secretary for 24, I
Federal Acquisition Regulation 48, 24
Government National Mortgage Association 24, III
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Inspector General, Office of 24, XII
Mortgage Insurance and Loan Programs Under Emergency Homeowners'
Relief Act 24, XV
Public and Indian Housing, Office of Assistant Secretary for 24, IX
Secretary, Office of 24, Subtitle B, VII
Solar Energy and Energy Conservation Bank 24, XI
Housing -- Federal Housing Commissioner, Office of Assistant
Secretary for 24, II, VIII, X, XX
Human Development Services Office 45, XIII
Immigration and Naturalization Service 8, I
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Information Agency, United States 22, V; 48, 19
Information Resources Management, Office of, Agriculture Department
7, XXVII
Information Security Oversight Office 32, XX
Inspector General, Office of, Agriculture Department 7, XXVI
Inspector General, Office of, Health and Human Services Department
42, V
Inspector General, Office of, Housing and Urban Development
Department 24, XII
Inter-American Foundation 22, X
Intergovernmental Relations, Advisory Commission on 5, VII
Interior Department
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I
Indian Arts and Crafts Board 25, II
Land Management Bureau 43, II
Minerals Management Service 30, II
Mines, Bureau of 30, VI
National Park Service 36, I
Reclamation Bureau 43, I
Secretary of the Interior, Office of 43, Subtitle A
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, Office of 30, VII
United States Fish and Wildlife Service 50, I, IV
Internal Revenue Service 26, I
International Boundary and Water Commission, United States and Mexico
22, XI
International Cooperation and Development Office, Department of
Agriculture 7, XXII
International Development, Agency for 22, II
International Development Cooperation Agency 22, XII
International Development, Agency for 22, II
Overseas Private Investment Corporation 22, VII
International Joint Commission, United States and Canada 22, IV
International Organizations Employees Loyalty Board 5, V
International Regulatory Agencies (Fishing and Whaling) 50, III
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 49, X
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 28, I; 41, 128
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 4, II
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the United States 45, V
Immigration and Naturalization Service 8, I
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Labor Department
Benefits Review Board 20, VII
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office of 41, 60
Federal Procurement Regulations System 41, 50
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Pension and Welfare Benefits Administration 29, XXV
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Relations and Cooperative Programs, Bureau of 29, II
Labor-Management Standards, Office of 29, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Office 37, II
Management and Budget, Office of 5, III; 48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II
Micronesian Status Negotiations, Office for 32, XXVII
Mine Safety and Health Administration 30, I
Minerals Management Service 30, II
Mines, Bureau of 30, VI
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Mortgage Insurance and Loan Programs Under the Emergency Homeowners'
Relief Act, Department of Housing and Urban Development 24, XV
National Aeronautics and Space Administration 14, V; 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Archives and Records Administration 36, XII
National Bureau of Standards 15, II
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information Science 45, XVII
National Credit Union Administration 12, VII
National Foundation on the Arts and the Humanities 45, XI
National Highway Traffic Safety Administration 23, II, III; 49, V
National Indian Gaming Commission 25, III
National Institute of Standards and Technology 15, II
National Labor Relations Board 29, I
National Marine Fisheries Service 50, II, IV
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III,
IV, VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 45, VI; 48, 25
National Security Council 32, XXI
National Security Council and Office of Science and Technology Policy
47, II
National Telecommunications and Information Administration 15, XXIII;
47, III
National Transportation Safety Board 49, VIII
Navy Department 32, VI; 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Nuclear Regulatory Commission 10, I
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Office of Independent Counsel 28, VII
Office of Navajo and Hopi Indian Relocation 25, IV
Offices of Independent Counsel, Department of Justice 28, VI
Operations Office, Department of Agriculture 7, XXVIII
Overseas Private Investment Corporation 22, VII
Oversight Board 12, XV
Packers and Stockyards Administration 9, II
Panama Canal Commission 48, 35
Panama Canal Regulations 35, I
Patent and Trademark Office 37, I
Payment of Expenses Connected With the Death of Certain Employees 41,
303
Peace Corps 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension and Welfare Benefits Administration, Department of Labor 29,
XXV
Pension Benefit Guaranty Corporation 29, XXVI
Personnel Management, Office of 5, I; 45, VIII; 48, 17
Federal Employees Health Benefits Acquisition Regulation 48, 16
Postal Rate Commission 39, III
Postal Service, United States 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House Fellowships 1, IV
Presidential Documents 3
Prisons, Bureau of 28, V
Productivity, Technology and Innovation, Assistant Secretary
(Commerce) 37, IV
Property Management Regulations System, Federal 41, Subtitle C
Public Contracts, Department of Labor 41, 50
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation Bureau 43, I
Reduction in Meeting and Training Allowance Payments 41, 304
Refugee Resettlement, Office of 45, IV
Regional Action Planning Commissions 13, V
Relocation Allowances 41, 302
Research and Special Programs Administration 49, I
Resolution Trust Corporation 12, XVI
Rural Electrification Administration 7, XVII
Rural Telephone Bank 7, XVI
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and National Security
Council 47, II
Secret Service 31, IV
Securities and Exchange Commission 17, II
Selective Service System 32, XVI
Small Business Administration 13, I; 48, 22
Smithsonian Institution 36, V
Social Security Administration 20, III; 45, IV
Soil Conservation Service 7, VI
Solar Energy and Energy Conservation Bank, Department of Housing and
Urban Development 24, XI
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, Office of 34, III
State Department 22, I
Federal Acquisition Regulation 48, 6
Surface Mining and Reclamation Appeals, Board of 30, III
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Tennessee Valley Authority 18, XIII
Thrift Supervision Office, Department of the Treasury 12, V
Trade Representative, United States, Office of 15, XX
Transportation, Department of 44, IV
Coast Guard 33, I; 46, I, III; 49, IV
Commercial Space Transportation, Office of 14, III
Contract Appeals Board 48, 63
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II; 49, III
Federal Railroad Administration 49, II
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 49, V
Research and Special Programs Administration 49, I
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Urban Mass Transportation Administration 49, VI
Transportation, Office of, Department of Agriculture 7, XXXIII
Travel Allowance 41, 301
Travel and Tourism Administration, United States 15, XII
Treasury Department 17, IV
Alcohol, Tobacco and Firearms, Bureau of 27, I
Comptroller of the Currency 12, I
Customs Service, United States 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Law Enforcement Training Center 31, VII
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision Office 12, V
United States Customs Service 19, I
Truman, Harry S. Scholarship Foundation 45, XVIII
Under Secretary for Technology, Department of Commerce 37, V
United States and Canada, International Joint Commission 22, IV
United States Arms Control and Disarmament Agency 22, VI
United States Customs Service 19, I
United States Fish and Wildlife Service 50, I, IV
United States Information Agency 22, V; 48, 19
United States International Development Cooperation Agency 22, XII
United States International Trade Commission 19, II
United States Postal Service 39, I
United States Soldiers' and Airmen's Home 5, XI
United States Trade Representative, Office of 15, XX
United States Travel and Tourism Adminstration 15, XII
Urban Mass Transportation Administration 49, VI
Veterans Affairs Department 38, I; 48, 8
Veterans' Employment and Training, Office of the Assistant Secretary
for 41, 61; 20, IX
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agriculture Outlook Board 7, XXXVIII
43 CFR 431.9 43 CFR (10-1-92 Edition)
43 CFR 431.9 Redesignation Table
43 CFR 431.9
43 CFR 431.9
43 CFR 431.9 Redesignation Table
At 52 FR 11954, Apr. 13, 1987, 43 CFR part 426 was revised. For the
convenience of the user, the following distribution table, as set out in
that Federal Register document, shows where provisions from the December
6, 1983, rule were relocated in the new final rules.
43 CFR 431.9 43 CFR (10-1-92 Edition)
43 CFR 431.9 List of CFR Sections Affected
43 CFR 431.9 List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations which
were made by documents published in the Federal Register since January
1, 1986, are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to Federal Register
pages. The user should consult the entries for chapters and parts as
well as sections for revisions.
For the period before January 1, 1986, see the ''List of CFR Sections
Affected, 1949-1963, 1964-1972 and 1973-1985,'' published in seven
separate volumes.
43 CFR 431.9 1986
43 CFR
51 FR
Page
Subtitle A
2 Appendix B amended 5197
4 Correctly designated 18328
4.202 Revised 35220
4.208 Added 35220
4.222 Revised 18328
4.251 Introductory text and (b) revised 35219
4.280 Removed 35219
4.320 (a) amended 18327
4.1151 (c) added 16321
4.1152 (d) added 16321
4.1162 Revised 16321
11 Added 27725
36 Added; eff. 10-6-86 31629
Technical correction 36011
36.11 (g) correctly designated; (h)(4)(i) corrected 36011
36.13 (c)(3) corrected 36011
Chapter I
431 Added 23962
Eff. date corrected to 6-1-87 24531
431.4 (a) and (b) corrected 24531
431.7 (a)(5) corrected 24531
43 CFR 431.9 1987
43 CFR
52 FR
Page
Subtitle A
2 Heading revised 45586
2.11 -- 2.22 (Subpart B) Revised 45586
2 Appendixes A and B revised 45592
4.5 (a) (1) and (2) and (b) revised 46355
(a)(1) corrected 47097
4.202 Correctly revised 32130
4.231 (b) revised 26345
4.236 (a)(3) and (b) revised 26345
(b) correctly revised 35557
4.320 (c) revised 26345
(c) correctly revised 35558
4.323 Revised 26345
Correctly revised 35558
4.403 Added 21308
4.1105 (a)(2) revised 39526
4.1109 (a) revised 39526
4.1300 Redesignated as 4.1600 39525
4.1301 Redesignated as 4.1601 39525
4.1302 Redesignated as 4.1602 39525
4.1303 Redesignated as 4.1603 39525
4.1304 Redesignated as 4.1604 39525
4.1305 Redesignated as 4.1605 39525
4.1306 Redesignated as 4.1606 39525
4.1307 Redesignated as 4.1607 39525
4.1308 Redesignated as 4.1608 39525
4.1309 Redesignated as 4.1609 39525
4.1310 Redesignated as 4.1610 39525
4.1350 -- 4.1356 Undesignated center heading added 39526
4.1350 Added 39526
4.1351 Added 39526
4.1352 Added 39526
4.1353 Added 39527
4.1354 Added 39527
4.1355 Added 39527
4.1356 Added 39527
4.1360 -- 4.1369 Undesignated center heading added 39527
4.1360 Added 39527
4.1361 Added 39527
4.1362 Added 39527
4.1363 Added 39527
4.1364 Added 39527
4.1365 Added 39527
4.1366 Added 39527
4.1367 Added 39528
4.1368 Added 39528
4.1369 Added 39528
4.1370 -- 4.1379 Undesignated center heading added 39528
4.1370 Added 39528
4.1371 Added 39528
4.1372 Added 39528
4.1373 Added 39528
4.1374 Added 39529
4.1375 Added 39529
4.1376 Added 39529
4.1377 Added 39529
4.1378 Added 39529
4.1379 Added 39529
4.1380 -- 4.1388 Undesignated center heading added 39529
4.1380 Added 39529
4.1381 Added 39529
4.1382 Added 39529
4.1383 Added 39530
4.1384 Added 39530
4.1385 Added 39530
4.1386 Added 39530
4.1387 Added 39530
4.1388 Added 39530
4.1390 -- 4.1394 Undesignated center heading added 39530
4.1390 Added 39530
4.1391 Added 39530
4.1392 Added 39531
4.1393 Added 39531
4.1394 Added 39531
4.1600 -- 4.1610 (Subpart M) Nomenclature change 39525
4.1600 Redesignated from 4.1300 39525
4.1601 Redesignated from 4.1301 39525
4.1602 Redesignated from 4.1302 39525
4.1603 Redesignated from 4.1303 39525
4.1604 Redesignated from 4.1304 39525
4.1605 Redesignated from 4.1305 39525
4.1606 Redesignated from 4.1306 39525
4.1607 Redesignated from 4.1307 39525
4.1608 Redesignated from 4.1308 39525
4.1609 Redesignated from 4.1309 39525
4.1610 Redesignated from 4.1310 39525
7 Heading and authority citation revised 9168
7.1 -- 7.19 (Subpart A) Heading added 9168
7.16 (a) (1) and (2) revised 47721
7.31 -- 7.37 (Subpart B) Added 9168
11 Existing regulations unchanged 22454
11 Technical information documents available 43763
11.15 (a)(1)(iii) added 9095
11.18 (a)(4) added 9095
11.19 Added 9095
11.24 (c) added 9095
11.31 (d) added 9095
11.33 Text added 9095
11.40 -- 11.41 (Subpart D) Added 9096
11.91 (a) revised 9100
11.93 (d) added 9100
17.501 -- 17.570 (Subpart E) Added 6553
20 Appendix C availability 3011
Chapter I
426 Revised 11954
426.11 (h)(2) revised 39919
426.16 (a) amended 39919
43 CFR 431.9 1988
43 CFR
53 FR
Page
Subtitle A
2 Preamble amendment 24
2.11 -- 2.22 (Subpart B) Preamble amendment 24
2.46 (o) added 3749
2.61 (c)(2) revised; (c) (3) and (4) added 3749
2.64 (c)(2) revised; (c) (3) and (4) added 3749
2.65 (a) and (b) revised 3749
2.72 (c) and (e)(2) revised; (e) (3) and (4) added 3750
2.73 (a) and (b) revised 3750
2.74 (a) and (b) revised 3750
2.75 (a) and (b)(1) revised 3750
2Appendix B amended 16128
4.22 (b) and (c) revised 49660
4.24 (a)(4) revised 49660
4.27 (b)(1) revised 49660
4.31 Added 49661
4.234 Amended 27686
4.260 (a) amended 48648
4.413 Revised 13267
4.1155 Revised 47694
4.1300 -- 4.1309 Undesignated center heading added 8754
Undesignated center heading corrected 10036
4.1300 Added 8754
4.1301 Added 8754
4.1302 Added 8754
4.1303 Added 8754
(a)(2) corrected 10036
4.1304 Added 8755
4.1305 Added 8755
4.1306 Added 8755
4.1307 Added 8755
4.1308 Added 8755
4.1309 Added 8755
11 Authority citation revised 5171
11.10 Revised 5171
11.11 Revised 5171
11.14 (a), (d), (g), (l), (r), (w), (z), (cc), (ff), (ii), (ll), and
(rr) revised; (uu) added 5171
11.15 (a) introductory text and (c) revised; (a)(3)(ii) amended;
(a)(4), (d), and (e) added 5172
11.16 Removed 5172
11.17 (a) revised 5172
11.18 (a)(4) correctly revised 9772
11.20 Revised 5172
11.21 (a)(1), (b), and (c) revised 5173
11.23 (b), (e) introductory text and (2), (f) (1), (2), and (4), and
(g)(2) revised 5173
11.24 (b)(1)(i) and (2) revised; (b)(1)(iv) amended; (b)(1)(v)
added 5173
11.30 (c)(2) revised 5174
11.31 (a)(4) and (c) introductory text and (3) revised 5174
11.32 (a) introductory text and (1), (c), and (e) revised 5174
11.40 (c) revised 5175
11.41 (c)(4) and (6)(ii) revised 5175
(g)(1)(i) correctly revised 9772
11.60 (d)(2) revised 5175
11.71 (g) introductory text and (1) revised; (g)(4) amended; (g)(5)
added 5175
11.72 (c)(5) revised 5175
11.82 (d)(2)(iv)(B) removed; (d)(2)(iv)(A) redesignated as
(d)(2)(iv); (e) (1) and (2) revised 5175
11.83 (b) revised 5175
11.84 (i) revised 5176
11.91 Revised 5176
11.92 Revised 5176
11.93 (c) revised 5176
12 Authority citation revised 8077,
19198
12.2 (b)(1) amended 8077
12.3 (b) amended 8077
12.41 -- 12.92 (Subpart C) Added 8077, 8087
12.100 -- 12.510 (Subpart D) Added; nomenclature change; eff.
10-1-88 19199, 19204
12.105 (g)(3), (t)(3), (w), and (x) added; eff. 10-1-88 19199
12.110 (a)(2)(viii) and (3) added; eff. 10-1-88 19199
12.200 (c)(8) added; eff. 10-1-88 19199
20 Appendix C availability 8186
29 Revised 3396
35 Added 4160
Chapter I
426 Authority citation revised 50535
426.6 (b)(4) and (d)(6) revised 50535
426.7 (f) revised 50536
426.10 (a) and (i) revised 50537
426.11 (i)(4) revised 50537
426.23 Redesignated as 426.24; new 426.23 added 50537
426.24 Redesignated from 426.23 50537
43 CFR 431.9 1989
43 CFR
54 FR
Page
Subtitle A
4.1 (b)(2) revised 6485
4.200 Amended 6485
4.210 (b)(1) revised 8329
4.261 Revised 8329
4.310 -- 4.317 Authority citation removed 6485
4.310 Revised 6485
4.311 -- 4.317 Revised 6486
4.314 Correctly designated 7504
4.318 Added 6487
4.320 -- 4.323 Authority citation removed; sections revised 6487
4.330 -- 4.340 Authority citation removed; sections revised 6487
12 Authority citation revised 4963
Technical correction 6363
12.100 -- 12.630 (Subpart D) Heading revised; sections revised;
interim 4963
Appendix C added 4950, 4963
12.305 (c)(5) added; (c) (3), (4), and (5) amended; interim 4950,
4963
12.320 (a) revised; new (a) (1) and (2) amended; interim 4963
12.600 -- 12.630 Undesignated center heading and sections added;
interim 4951, 4963
12.600 Nomenclature change; interim 4963
12.605 Nomenclature change, interim 4963
12.610 Nomenclature change, interim 4963
12.615 Nomenclature change, interim 4963
12.620 Nomenclature change, interim 4963
12.630 Nomenclature change, interim 4963
17.300 -- 17.339 (Subpart C) Added 3598
20 Appendix C availability 8195
Chapter I
423 Added; interim 14229
43 CFR 431.9 1990
43 CFR
55 FR
Page
Subtitle A
4 Technical correction 46132
4.200 Amended 43132
4.205 (a) and (b) amended 43132
4.207 (c) amended 43132
4.210 (d) removed 43132
4.230 (b) amended 43133
4.270 Amended 43133
4.272 (a) amended 43133
4.273 (a) and (d) amended 43133
4.274 (a) amended 43133
4.302 (a) amended 43133
Corrected 46132
4.305 (c) amended 43133
12.305 Regulation at 54 FR 4950, 4963 confirmed 21701
12.320 Regulation at 54 FR 4950, 4963 confirmed 21701
12.600 -- 12.635 (Subpart D) Revised 21688, 21701
12.600 Nomenclature change 21702
12.605 Nomenclature change 21702
12.610 Nomenclature change; (c) amended 21701, 21702
12.615 Nomenclature change 21702
12.620 Nomenclature change 21702
12.625 Nomenclature change 21702
12.630 Nomenclature change; (c)(1) and (d)(2)(i) added 21701, 21702
12.635 Nomenclature change; (a)(1)(i) and (b)(1) added 21702
12 Appendix C revised 21690, 21701
17.200 -- 17.280 (Subpart B) Authority citation revised 28912
17.218 (c) revised 28912
17.260 (a) amended 28912
18 Added; interim 6737, 6753
20 Appendix C availability 5011
22 Heading and authority citation revised 4610
22.1 -- 22.5 Designated as Subpart A 4610
22.6 (Subpart B) Added 4610
43 CFR 431.9 1991
43 CFR
56 FR
Page
Subtitle A
4.200 -- 4.357 (Subpart D) Authority citation revised 61383
4.350 -- 4.357 Undesignated center heading added 61383
4.350 Added 61384
(c)(6) corrected 65782
4.351 Added 61384
(b)(1), (2)(ii) and (4) corrected 65782
4.352 Added 61384
(b)(2) corrected 65782
4.353 Added 61385
4.354 Added 61385
4.355 Added 61385
4.356 Added 61385
4.357 Added 61386
4.1105 (a)(2) revised 2142
4.1109 (a) revised 2142
(a) corrected 5061
4.1351 Revised 2134
4.1360 -- 4.1369 Undesignated center heading and sections revised
2143
4.1360 (a) and (b) corrected 5061
4.1363 (e) corrected 5061
4.1370 -- 4.1379 Undesignated center heading and sections removed
2145
4.1380 -- 4.1388 Undesignated center heading and sections removed
2145
4.1391 Revised 2145
12 Authority citation revised 45897
Heading revised 45898
12.1 -- 12.5 (Subpart A) Heading revised; eff. 10-9-91 45898
12.2 (a) and (b) revised 45898
20 Appendix C availability 6991
38 Added 33719
43
Public Lands: Interior
PARTS 1 TO 999
Revised as of October 1, 1992
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF OCTOBER 1, 1992
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
Washington, DC 20402-9328
43 CFR 431.9 Table of Contents
Page
Explanation v
Title 43:
Subtitle A -- Office of the Secretary of the Interior
Subtitle B -- Regulations Relating to Public Lands:
Chapter I -- Bureau of Reclamation, Department of the Interior
Finding Aids:
Material Approved for Incorporation by Reference
Index
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
Redesignation Table
List of CFR Sections Affected
43 CFR 431.9 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.
ISSUE DATES
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, 1992), consult the ''List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ''Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
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. 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.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected,
1949-1963, 1964-1972, or 1973-1985, published in seven separate volumes.
For the period beginning January 1, 1986, a ''List of CFR Sections
Affected'' is published at the end of each CFR volume.
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
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
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.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you
find the material is not available, please notify the Director of the
Federal Register, National Archives and Records Administration,
Washington DC 20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ''Title 3 -- The President'' is carried
within that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ''Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES AND SALES
For a summary, legal interpretation, or other explanation of any
regulation in this volume, contact the issuing agency. Inquiries
concerning editing procedures and reference assistance with respect to
the Code of Federal Regulations may be addressed to the Director, Office
of the Federal Register, National Archives and Records Administration,
Washington, DC 20408 (telephone 202-512-1557). Sales are handled
exclusively by the Superintendent of Documents, Government Printing
Office, Washington, DC 20402 (telephone 202-783-3238).
Martha L. Girard,
Director,
Office of the Federal Register.
October 1, 1992.
43 CFR 431.9 THIS TITLE
Title 43 -- Public Lands: Interior is composed of three 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. Volumes two and
three (parts 1000-3999 and part 4000 to End) include all regulations
issued under chapter II -- Bureau of Land Management, Department of the
Interior. The contents of these volumes represent all current
regulations codified under this title of the CFR as of October 1, 1991.
The first volume contains a redesignation table. In 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. In the third volume of chapter
II (part 4000 to End), a table of Public Land Orders follows the
chapter. A subject index appears in the Finding Aids section of each
volume.
For this volume Rob Sheehan was Chief Editor. The Code of Federal
Regulations publication program is under the direction of Richard L.
Claypoole, assisted by Alomha S. Morris.
43 CFR 0.0 43 CFR Ch. II. (10-1-92 Edition)
43 CFR 0.0 Bureau of Land Management, Interior
43 CFR 0.0 Title 43 -- Public Lands: Interior
43 CFR 0.0 (This book contains parts 1000 to 3999)
Part
SUBTITLE B -- Regulations Relating to Public Lands (Continued):
chapter ii -- Bureau of Land Management, Department of the Interior
1600
43 CFR 0.0 Subtitle B -- Regulations Relating to Public Lands (Continued)
43 CFR 0.0 43 CFR Ch. II (10-1-92 Edition)
43 CFR 0.0 Bureau of Land Management, Interior
43 CFR 0.0 CHAPTER II -- BUREAU OF LAND MANAGEMENT,
43 CFR 0.0 DEPARTMENT OF THE INTERIOR
43 CFR 0.0 SUBCHAPTER A -- GENERAL MANAGEMENT (1000)
Part
Page
1000-1599 (Reserved)
1600 Planning, programming, budgeting
43 CFR 0.0
43 CFR 0.0 Group 1700 -- Program Management
1720 Programs and objectives
1780 Cooperative relations
43 CFR 0.0
43 CFR 0.0 Group 1800 -- Public Administrative Procedures
1810 Introduction and general guidance
1820 Application procedures
1840 Appeals procedures
1850 Hearings procedures
1860 Conveyances, disclaimers and correction documents
1870 Adjudication principles and procedures
1880 Financial assistance, local governments
43 CFR 0.0
43 CFR 0.0 SUBCHAPTER B -- LAND RESOURCE MANAGEMENT (2000)
43 CFR 0.0 Group 2000 -- Land Resource Management; General
2070 Designation of areas and sites
2090 Special laws and rules
43 CFR 0.0
43 CFR 0.0 Group 2100 -- Acquisitions
2110 Gifts
2120 Leases
2130 Acquisition of lands or interests in lands by purchase or
condemnation
43 CFR 0.0
43 CFR 0.0 Group 2200 -- Exchanges
2200 Exchanges: General procedures
2210 State exchanges
2240 National Park System exchanges
2250 Wildlife Refuge exchanges
2270 Miscellaneous exchanges
43 CFR 0.0
43 CFR 0.0 Group 2300 -- Withdrawals
2300 Land withdrawals
2360 National Petroleum Reserve in Alaska
2370 Restorations and revocations
43 CFR 0.0
43 CFR 0.0 Group 2400 -- Land Classification
2400 Land classification
2410 Criteria for all land classifications
2420 Multiple-use management classifications
2430 Disposal classifications
2440 Segregation by classification
2450 Petition-application classification system
2460 Bureau initiated classification system
2470 Postclassification actions
43 CFR 0.0
43 CFR 0.0 Group 2500 -- Disposition; Occupancy and Use
2510 Homesteads
2520 Desert-land entries
2530 Indian allotments
2540 Color-of-title and omitted lands
2560 Alaska occupancy and use
43 CFR 0.0
43 CFR 0.0 Group 2600 -- Disposition; Grants
2610 Carey Act grants
2620 State grants
2630 Railroad grants
2640 FAA airport grants
2650 Alaska native selections
43 CFR 0.0
43 CFR 0.0 Group 2700 -- Disposition; Sales
2710 Sales: Federal Land Policy and Management Act
2720 Conveyance of Federally-owned mineral interests
2740 Recreation and Public Purposes Act
2760 Townsites
2780 Special areas
43 CFR 0.0
43 CFR 0.0 Group 2800 -- Use; Rights-of-Way
2800 Rights-of-way, principles and procedures
2810 Tramroads and logging roads
2880 Rights-of-way under the Mineral Leasing Act
43 CFR 0.0
43 CFR 0.0 Group 2900 -- Use; Leases and Permits
2910 Leases
2920 Leases, permits and easements
43 CFR 0.0
43 CFR 0.0 SUBCHAPTER C -- MINERALS MANAGEMENT (3000)
43 CFR 0.0 Group 3000 -- Minerals Management
3000 Minerals management: General
43 CFR 0.0
43 CFR 0.0 Group 3100 -- Oil and Gas Leasing
3100 Oil and gas leasing
3110 Noncompetitive leases
3120 Competitive leases
3130 Oil and gas leasing: National Petroleum Reserve, Alaska
3140 Combined hydrocarbon leasing
3150 Onshore oil and gas geophysical exploration
3160 Onshore oil and gas operations
3180 Onshore oil and gas unit agreements: Unproven areas
3190 Delegation of authority, cooperative agreements and contracts
for oil and gas inspection
43 CFR 0.0
43 CFR 0.0 Group 3200 -- Geothermal Resources Leasing
3200 Geothermal resources leasing: General
3210 Noncompetitive leases
3220 Competitive leases
3240 Rules governing leases
3250 Utilization of geothermal resources
3260 Geothermal resources operations
3280 Geothermal resources unit agreements: Unproven areas
43 CFR 0.0
43 CFR 0.0 Group 3400 -- Coal Management
3400 Coal management: General
3410 Exploration licenses
3420 Competitive leasing
3430 Noncompetitive leases
3440 Licenses to mine
3450 Management of existing leases
3460 Environment
3470 Coal management provisions and limitations
3480 Coal exploration and mining operations rules
43 CFR 0.0
43 CFR 0.0 Group 3500 -- Management of Solid Minerals Other Than Coal
3500 Leasing of solid minerals other than coal and oil shale
3510 Phosphate
3520 Sodium
3530 Potassium
3540 Sulphur
3550 ''Gilsonite'' (including all vein-type solid hydrocarbons)
3560 Hardrock minerals
3570 Asphalt in Oklahoma
3580 Special leasing areas
3590 Solid minerals (other than coal) exploration and mining
operations
43 CFR 0.0
43 CFR 0.0 Group 3600 -- Mineral Materials Disposal
3600 Mineral materials disposal: General
3610 Sales
3620 Free use
43 CFR 0.0
43 CFR 0.0 Group 3700 -- Multiple Use; Mining
3710 Public Law 167; Act of July 23, 1955
3720 Public Law 357; entry and location of source material upon
public lands valuable for coal
3730 Public Law 359; mining in powersite withdrawals; general
3740 Public Law 585; multiple mineral development
43 CFR 0.0
43 CFR 0.0 Group 3800 -- Mining Claims Under the General Mining Laws
3800 Mining claims under the general mining laws
3810 Lands and minerals subject to location
3820 Areas subject to special mining laws
3830 Location of mining claims
3840 Nature and classes of mining claims
3850 Assessment work
3860 Mineral patent applications
3870 Adverse claims, protests and conflicts
43 CFR 0.0
43 CFR 0.0 43 CFR Ch. II (10-1-92 Edition)
43 CFR 0.0 Bureau of Land Management, Interior
43 CFR 0.0 SUBCHAPTER A -- GENERAL MANAGEMENT (1000)
43 CFR 0.0 PARTS 1000-1599 -- (RESERVED)
43 CFR 0.0 PART 1600 -- PLANNING, PROGRAMMING, BUDGETING
43 CFR 0.0 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.
43 CFR 0.0 Subpart 1610 -- Resource Management Planning
1610.1 Resource management planning guidance.
1610.2 Public participation.
1610.3 Coordination with other Federal agencies, State and local
governments, and Indian tribes.
1610.3-1 Coordination of planning efforts.
1610.3-2 Consistency requirements.
1610.4 Resource management planning process.
1610.4-1 Identification of issues.
1610.4-2 Development of planning criteria.
1610.4-3 Inventory data and information collection.
1610.4-4 Analysis of the management situation.
1610.4-5 Formulation of alternatives.
1610.4-6 Estimation of effects of alternatives.
1610.4-7 Selection of preferred alternative.
1610.4-8 Selection of resource management plan.
1610.4-9 Monitoring and evaluation.
1610.5 Resource management plan approval, use and modification.
1610.5-1 Resource management plan approval and administrative review.
1610.5-2 Protest procedures.
1610.5-3 Conformity and implementation.
1610.5-4 Maintenance.
1610.5-5 Amendment.
1610.5-6 Revision.
1610.5-7 Situations where action can be taken based on another
agency's plan, or a land use analysis.
1610.6 Management decision review by Congress.
1610.7 Designation of areas.
1610.7-1 Designation of areas unsuitable for surface mining.
1610.7-2 Designation of areas of critical environmental concern.
1610.8 Transition period.
Authority: 43 U.S.C. 1711-1712.
Source: 48 FR 20368, May 5, 1983, unless otherwise noted.
43 CFR 0.0 Subpart 1601 -- Planning
43 CFR 1601.0-1 Purpose.
The purpose of this subpart is to establish in regulations a process
for the development, approval, maintenance, amendment and revision of
resource management plans, and the use of existing plans for public
lands administered by the Bureau of Land Management.
43 CFR 1601.0-2 Objective.
The objective of resource management planning by the Bureau of Land
Management is to maximize resource values for the public through a
rational, consistently applied set of regulations and procedures which
promote the concept of multiple use management and ensure participation
by the public, state and local governments, Indian tribes and
appropriate Federal agencies. Resource management plans are designed to
guide and control future management actions and the development of
subsequent, more detailed and limited scope plans for resources and
uses.
43 CFR 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); 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.).
43 CFR 1601.0-4 Responsibilities.
(a) National level policy and procedure guidance for planning shall
be provided by the Secretary and the Director.
(b) State Directors shall provide quality control and supervisory
review, including plan approval, for plans and related environmental
impact statements and shall provide additional guidance, as necessary,
for use by District and Area managers. State Directors shall file draft
and final environmental impact statements associated with resource
management plans and amendments.
(c) Resource management plans, amendments, revisions and related
environmental impact statements shall be prepared by District or Area
Managers, and approved by State Directors. In general, Area Managers
will be responsible for directly supervising the preparation of the
plan, and the District Manager for providing general direction and
guidance to the planning effort.
43 CFR 1601.0-5 Definitions.
As used in this part, the term:
(a) 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. The identification of a potential ACEC shall not, of
itself, change or prevent change of the management or use of public
lands.
(b) Conformity or conformance means that a resource management action
shall be specifically provided for in the plan, or if not specifically
mentioned, shall be clearly consistent with the terms, conditions, and
decisions of the approved plan or plan amendment.
(c) Consistent means that the Bureau of Land Management plans will
adhere to the terms, conditions, and decisions of officially approved
and adopted resource related plans, or in their absence, with policies
and programs, subject to the qualifications in 1615.2 of this title.
(d) Guidance means any type of written communication or instruction
that transmits objectives, goals, constraints, or any other direction
that helps the District and Area Managers and staff know how to prepare
a specific resource management plan.
(e) Local government means any political subdivision of the State and
any general purpose unit of local government with resource planning,
resource management, zoning, or land use regulation authority.
(f) 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.
(g) Officially approved and adopted resource related plans means
plans, policies, programs and processes prepared and approved pursuant
to and in accordance with authorization provided by Federal, State or
local constitutions, legislation, or charters which have the force and
effect of State law.
(h) 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 State, local, and Indian tribal
governments.
(i) Public lands means any lands or interest in lands owned by the
United States and administered by the Secretary of the Interior through
the Bureau of Land Management, except lands located on the Outer
Continental Shelf and lands held for the benefit of Indians, Aleuts and
Eskimos.
(j) Resource area means a geographic portion of a Bureau of Land
Management district. It is the administrative subdivision whose manager
has primary responsibility for day-to-day resource management activities
and resource use allocations and is, in most instances, the area for
which resource management plans are prepared and maintained.
(k) Resource management plan means a land use plan as described by
the Federal Land Policy and Management Act. The resource management
plan generally establishes in a written document:
(1) Land areas for limited, restricted or exclusive use;
designation, including ACEC designation; and transfer from Bureau of
Land Management Administration;
(2) Allowable resource uses (either singly or in combination) and
related levels of production or use to be maintained;
(3) Resource condition goals and objectives to be attained;
(4) Program constraints and general management practices needed to
achieve the above items;
(5) Need for an area to be covered by more detailed and specific
plans;
(6) Support action, including such measures as resource protection,
access development, realty action, cadastral survey, etc., as necessary
to achieve the above;
(7) General implementation sequences, where carrying out a planned
action is dependent upon prior accomplishment of another planned action;
and
(8) Intervals and standards for monitoring and evaluating the plan to
determine the effectiveness of the plan and the need for amendment or
revision.
It is not a final implementation decision on actions which require
further specific plans, process steps, or decisions under specific
provisions of law and regulations.
43 CFR 1601.0-6 Environmental impact statement policy.
Approval of a resource management plan is considered a major Federal
action significantly affecting the quality of the human environment.
The environmental analysis of alternatives and the proposed plan shall
be accomplished as part of the resource management planning process and,
wherever possible, the proposed plan and related environmental impact
statement shall be published in a single document.
43 CFR 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.
43 CFR 1601.0-8 Principles.
The development, approval, maintenance, amendment and revision of
resource management plans will provide for public involvement and shall
be consistent with the principles described in section 202 of the
Federal Land Policy and Management Act of 1976. Additionally, the
impact on local economies and uses of adjacent or nearby non-Federal
lands and on non-public land surface over federally-owned mineral
interests shall be considered.
43 CFR 1601.0-8 Subpart 1610 -- Resource Management Planning
43 CFR 1610.1 Resource management planning guidance.
(a) Guidance for preparation and amendment of resource management
plans may be provided by the Director and State Director, as needed, to
help the District and Area Manager and staff prepare a specific plan.
Such guidance may include the following:
(1) National level policy which has been established through
legislation, regulations, executive orders or other Presidential,
Secretarial or Director approved documents. This policy may include
appropriately developed resource management commitments, suct as a
right-of-way corridor crossing several resource areas, which are not
required to be reexamined as part of the planning process.
(2) Analysis requirements, planning procedures and other written
information and instructions required to be considered in the planning
process.
(3) Guidance developed at the State Director level, with necessary
and appropriate governmental coordination as prescribed by 1610.3 of
this title. Such guidance shall be reconsidered by the State Director
at any time during the planning process that the State Director level
guidance is found, through public involvement or other means, to be
inappropriate when applied to a specific area being planned.
(b) A resource management plan shall be prepared and maintained on a
resource area basis, unless the State Director authorizes a more
appropriate area.
(c) An interdisciplinary approach shall be used in the preparation,
amendment and revision of resource management plans as provided in 40
CFR 1502.6. The disciplines of the preparers shall be appropriate to the
values involved and the issues identified during the issue
identification and environmental impact statement scoping stage of the
planning process. The District or Area Manager may use any necessary
combination of Bureau of Land Management staff, consultants,
contractors, other governmental personnel, and advisors to achieve an
interdisciplinary approach.
43 CFR 1610.2 Public participation.
(a) The public shall be provided opportunities to meaningfully
participate in and comment on the preparation of plans, amendments and
related guidance and be given early notice of planning activities.
Public involvement in the resource management planning process shall
conform to the requirements of the National Environmental Policy Act and
associated implementing regulations.
(b) The Director shall, early in each fiscal year, publish a planning
schedule advising the public of the status of each plan in process of
preparation or to be started during that fiscal year, the major action
on each plan during that fiscal year and projected new planning starts
for the 3 succeeding fiscal years. The notice shall call for public
comments on projected new planning starts so that such comments can be
considered in refining priorities for those years.
(c) Upon starting the preparation, amendment or revision of resource
management plans, public participation shall be initiated by a notice
published in the Federal Register and appropriate media, including
newspapers of general circulation in the State, adjoining States where
the District Manager deems it appropriate, and the District. This
notice may also constitute the scoping notice required by regulation for
the National Environmental Policy Act (40 CFR 1501.7). This notice shall
include the following:
(1) Description of the proposed planning action;
(2) Identification of the geographic area for which the plan is to be
prepared;
(3) The general types of issues anticipated;
(4) The disciplines to be represented and used to prepare the plan;
(5) The kind and extent of public participation opportunities to be
provided;
(6) The times, dates and locations scheduled or anticipated for any
public meetings, hearings, conferences or other gatherings, as known at
the time;
(7) The name, title, address and telephone number of the Bureau of
Land Management official who may be contacted for further information;
and
(8) The location and availability of documents relevant to the
planning process.
(d) A list of individuals and groups known to be interested in or
affected by a resource management plan shall be maintained by the
District Manager and those on the list shall be notified of public
participation activities. Individuals or groups may ask to be placed on
this list. Public participation activities conducted by the Bureau of
Land Management shall be documented by a record or summary of the
principal issues discussed and comments made.
The documentation together with a list of attendees shall be
available to the public and open for 30 days to any participant who
wishes to clarify the views he/she expressed.
(e) At least 15 days' public notice shall be given for public
participation activities where the public is invited to attend. Any
notice requesting written comments shall provide for at least 30
calendar days for response. Ninety days shall be provided for review of
the draft plan and draft environmental impact statement. The 90-day
period shall begin when the Environmental Protection Agency publishes a
notice of the filing of the draft environmental impact statement in the
Federal Register.
(f) Public notice and opportunity for participation in resource
mangement plan preparation shall be appropriate to the areas and people
involved and shall be provided at the following specific points in the
planning process:
(1) General notice at the outset of the process inviting
participation in the identification of issues (See 1610.2(c) and
1610.4-1);
(2) Review of the proposed planning criteria (See 1610.4-2);
(3) Publication of the draft resource management plan and draft
environmental impact statement (See 1610.4-7);
(4) Publication of the proposed resource management plan and final
environmental impact statement which triggers the opportunity for
protest (See 1610.4-8 and 1610.5-1(b)); and
(5) Public notice and comment on any significant change made to the
plan as a result of action on a protest (See 1610.5-1(b)).
(g) Copies of an approved resource management plan and amendments
shall be reasonably available for public review. This includes copies
at the State Office for the District, the District Manager's Office, the
Area Office for lands directly involved and additional locations
determined by the District Manager. Plans, amendments and revisions
shall be published and single copies shall be available to the public
upon request during the public participation process. After approval, a
fee may be charged for additional copies at a rate established by the
Director.
(h) Supporting documents to a resource management plan shall be
available for public review at the office where the plan was prepared.
(i) Fees for reproducing requested documents beyond those used as
part of the public participation activities and other than single copies
of the printed plan amendment or revision may be charged according to
the Department of the Interior schedule for Freedom of Information Act
requests in 43 CFR part 2.
(j) When resource management plans involve areas of potential mining
for coal by means other than underground mining, and the surface is
privately owned, the Bureau of Land Management shall consult with all
surface owners who meet the criteria in 3400.0-5 of this title.
Contact shall be made in accordance with subpart 3427 of this title and
shall provide time to fully consider surface owner views. This contact
may be made by mail or in person by the District or Area Manager or
his/her appropriate representative. A period of at least 30 days from
the time of contact shall be provided for surface owners to convey their
preference to the Area or District Manager.
(k) If the plan involves potential for coal leasing, a public hearing
shall be provided prior to the approval of the plan, if requested by any
person having an interest which is, or may be, adversely affected by
implementation of such plan. The hearing shall be conducted as
prescribed in 3420.1-5 of this title and may be combined with a
regularly scheduled public meeting. The authorized officer conducting
the hearing shall:
(1) Publish a notice of the hearing in a newspaper of general
circulation in the affected geographical area at least once a week for 2
consecutive weeks;
(2) Provide an opportunity for testimony by anyone who so desires;
and
(3) Prepare a record of the proceedings of the hearing.
1610.3 Coordination with other Federal agencies, State and local
governments, and Indian tribes.
43 CFR 1610.3-1 Coordination of planning efforts.
(a) In addition to the public involvement prescribed by 1610.2 of
this title the following coordination is to be accomplished with other
Federal agencies, State and local governments, and Indian tribes. The
objectives of the coordination are for the State Directors and District
and Area Managers to keep apprised of non-Bureau of Land Management
plans; assure that consideration is given to those plans that are
germane in the development of resource management plans for public
lands; assist in resolving, to the extent practicable, inconsistencies
between Federal and non-Federal government plans; and provide for
meaningful public involvement of other Federal agencies, State and local
government officials, both elected and appointed, and Indian tribes in
the development of resource management plans, including early pubic
notice of proposed decisions which may have a significant impact on
non-Federal lands.
(b) State Directors and District and Area Managers shall provide
other Federal agencies, State and local governments, and Indian tribes
opportunity for review, advice, and suggestion on issues and topics
which may affect or influence other agency or other government programs.
To facilitate coordination with State governments, State Directors
should seek the policy advice of the Governor(s) on the timing, scope
and coordination of plan components; definition of planning areas;
scheduling of public involvement activities; and the multiple use
opportunities and constraints on public lands. State Directors may seek
written agreements with Governors or their designated representatives on
processes and procedural topics such as exchanging information,
providing advice and participation, and timeframes for receiving State
government participation and review in a timely fashion. If an
agreement is not reached, the State Director shall provide opportunity
for Governor and State agency review, advice and suggestions on issues
and topics that the State Director has reason to believe could affect or
influence State government programs.
(c) In developing guidance to District Managers, in compliance with
section 1611 of this title, the State Director shall:
(1) Ensure that it is as consistent as possible with existing
officially adopted and approved resource related plans, policies or
programs of other Federal agencies, State agencies, Indian tribes and
local governments that may be affected, as prescribed by 1610.3-2 of
this title;
(2) Identify areas where the proposed guidance is inconsistent with
such policies, plans or programs and provide reasons why the
inconsistencies exist and cannot be remedied; and
(3) Notify the other Federal agencies, State agencies, Indian tribes
or local governments with whom consistency is not achieved and indicate
any appropriate methods, procedures, actions and/or programs which the
State Director believes may lead to resolution of such inconsistencies.
(d) A notice of intent to prepare, amend, or revise a resource
management plan shall be submitted, consistent with State procedures for
coordination of Federal activities, for circulation among State
agencies. This notice shall also be submitted to Federal agencies, the
heads of county boards, other local government units and Tribal Chairmen
or Alaska Native Leaders that have requested such notices or that the
responsible line manager has reason to believe would be concerned with
the plan or amendment. These notices shall be issued simultaneously
with the public notices required under 1610.2(b) of this title.
(e) Federal agencies, State and local governments and Indian tribes
shall have the time period prescribed under 1610.2 of this title for
review and comment on resource management plan proposals. Should they
notify the District or Area Manager, in writing, of what they believe to
be specific inconsistencies between the Bureau of Land Management
resource management plan and their officially approved and adopted
resources related plans, the resource management plan documentation
shall show how those inconsistencies were addressed and, if possible,
resolved.
(f) When an Advisory Council has been formed under section 309 of the
Federal Land Policy and Management Act for the district in which the
resource area is located, that council shall be informed and their views
sought and considered throughout the resource management planning
process.
43 CFR 1610.3-2 Consistency requirements.
(a) Guidance and resource management plans and amendments to
management framework plans shall be consistent with officially approved
or adopted resource related plans, and the policies and programs
contained therein, of other Federal agencies, State and local
governments and Indian tribes, so long as the guidance and resource
management plans are also consistent with the purposes, policies and
programs of Federal laws and regulations applicable to public lands,
including Federal and State pollution control laws as implemented by
applicable Federal and State air, water, noise, and other pollution
standards or implementation plans.
(b) In the absence of officially approved or adopted resource-related
plans of other Federal agencies, State and local governments and Indian
tribes, guidance and resource management plans shall, to the maximum
extent practical, be consistent with officially approved and adopted
resource related policies and programs of other Federal agencies, State
and local governments and Indian tribes. Such consistency will be
accomplished so long as the guidance and resource management plans are
consistent with the policies, programs and provisions of Federal laws
and regulations applicable to public lands, including, but not limited
to, Federal and State pollution control laws as implemented by
applicable Federal and State air, water, noise and other pollution
standards or implementation plans.
(c) State Directors and District and Area Managers shall, to the
extent practicable, keep apprised of State and local governmental and
Indian tribal policies, plans, and programs, but they shall not be
accountable for ensuring consistency if they have not been notified, in
writing, by State and local governments or Indian tribes of an apparent
inconsistency.
(d) Where State and local government policies, plans, and programs
differ, those of the higher authority will normally be followed.
(e) Prior to the approval of a proposed resource management plan, or
amendment to a management framework plan or resource management plan,
the State Director shall submit to the Governor of the State(s)
involved, the proposed plan or amendment and shall identify any known
inconsistencies with State or local plans, policies or programs. The
Governor(s) shall have 60 days in which to identify inconsistencies and
provide recommendations in writing to the State Director. If the
Governor(s) does not respond within the 60-day period, the plan or
amendment shall be presumed to be consistent. If the written
recommendation(s) of the Governor(s) recommend changes in the proposed
plan or amendment which were not raised during the public participation
process on that plan or amendment, the State Director shall provide the
public with an opportunity to comment on the recommendation(s). If the
State Director does not accept the recommendations of the Governor(s),
The State Director shall notify the Governor(s) and the Governor(s)
shall have 30 days in which to submit a written appeal to the Director
of the Bureau of Land Management. The Director shall accept the
recommendations of the Governor(s) if he/she determines that they
provide for a reasonable balance between the national interest and the
State's interest. The Director shall communicate to the Governor(s) in
writing and publish in the Federal Register the reasons for his/her
determination to accept or reject such Governor's recommendations.
1610.4 Resource management planning process.
43 CFR 1610.4-1 Identification of issues.
At the outset of the planning process, the public, other Federal
agencies, State and local governments and Indian tribes shall be given
an opportunity to suggest concerns, needs, and resource use, development
and protection opportunities for consideration in the preparation of the
resource management plan. The District and Area Manager shall analyze
those suggestions, plus available district records of resource
conditions, trends, needs and problems, and select topics and determine
the issues to be addressed during the planning process. Issues may be
modified during the planning process to incorporate new information.
The identification of issues shall also comply with the scoping process
required by regulations implementing the National Environmental Policy
Act (40 CFR 1501.7).
43 CFR 1610.4-2 Development of planning criteria.
The District or Area Manager shall prepare criteria to guide
development of the resource management plan or revision, to ensure that
it is tailored to the issues previously identified and to ensure that
unnecessary data collection and analyses are avoided. Planning criteria
shall generally be based upon applicable law, Director and State
Director guidance, the results of public participation and coordination
with other Federal agencies, State and local governments and Indian
tribes. Proposed planning criteria, including any significant changes,
shall be made available for public comment prior to being approved by
the District manager for use in the planning process. Planning criteria
may be changed as planning proceeds, based on public suggestions and the
findings of the various studies and assessments.
43 CFR 1610.4-3 Inventory data and information collection.
(a) The District or Area Manager shall arrange for resource,
environmental, social, economic and institutional data and information
to be collected, or assembled if already available. New information and
inventory data collection will emphasize significant issues and
decisions with the greatest potential impact. Inventory data and
information shall be collected in a manner that aids application in the
planning process, including subsequent monitoring requirements.
43 CFR 1610.4-4 Analysis of the management situation.
The District or Area Manager shall analyze the inventory data and
other information available to determine the ability of the resource
area to respond to identified issues and opportunities. The analysis of
the management situation shall provide, consistent with multiple use
principles, the basis for formulating reasonable alternatives, including
the types of resources for development or protection. Factors to be
considered may include, but are not limited to:
(a) The types of resource use and protection authorized by the
Federal Land Policy and Management Act and other relevant legislation;
(b) Opportunities to meet goals and objectives defined in national
and State Director guidance;
(c) Resource demand forecasts and analyses relevant to the resource
area;
(d) The estimated sustained levels of the various goods, services and
uses that may be attained under existing biological and physical
conditions and under differing management practices and degrees of
management intensity which are economically viable under benefit cost or
cost effectiveness standards prescribed in national or State Director
guidance;
(e) Specific requirements and constraints to achieve consistency with
policies, plans and programs of other Federal agencies, State and local
government agencies and Indian tribes;
(f) Opportunities to resolve public issues and management concerns;
(g) Degree of local dependence on resources from public lands;
(h) The extent of coal lands which may be further considered under
provisions of 3420.2-3(a) of this title; and
(i) Critical threshold levels which should be considered in the
formulation of planned alternatives.
43 CFR 1610.4-5 Formulation of alternatives.
All reasonable resource management alternatives shall be considered
and several complete alternatives developed for detailed study. The
alternatives developed shall reflect the variety of issues and guidance
applicable to the resource uses. In order to limit the total number of
alternatives analyzed in detail to a manageable number for presentation
and analysis, all reasonable variations shall be treated as
subalternatives. One alternative shall be for no action, which means
continuation of present level or systems of resource use. The plan
shall note any alternatives identified and eliminated from detailed
study and shall briefly discuss the reasons for their elimination.
43 CFR 1610.4-6 Estimation of effects of alternatives.
The District or Area Manager shall estimate and display the physical,
biological, economic, and social effects of implementing each
alternative considered in detail. The estimation of effects shall be
guided by the planning criteria and procedures implementing the National
Environmental Policy Act. The estimate may be stated in terms of
probable ranges where effects cannot be precisely determined.
43 CFR 1610.4-7 Selection of preferred alternative.
The District or Area Manager shall evaluate the alternatives and the
estimation of their effects according to the planning criteria, and
develop a preferred alternative which shall best meet Director and State
Director guidance. The preferred alternative shall be incorporated into
the draft resource management plan and draft environmental impact
statement. The resulting draft resource management plan and draft
environmental impact statement shall be forwarded to the State Director
for approval, publication, and filing with the Environmental Protection
Agency. This draft plan and environmental impact statement shall be
provided for comment to the Governor of the State involved, and to
officials of other Federal agencies, State and local governments and
Indian tribes that the State Director has reason to believe would be
concerned. This action shall constitute compliance with the
requirements of 3420.1-7 of this title.
43 CFR 1610.4-8 Selection of resource management plan.
After publication of the draft resource management plan and draft
environmental impact statement, the District Manager shall evaluate the
comments received and select and recommend to the State Director, for
supervisory review and publication, a proposed resource management plan
and final environmental impact statement. After supervisory review of
the proposed resource management plan, the State Director shall publish
the plan and file the related environmental impact statement.
43 CFR 1610.4-9 Monitoring and evaluation.
The proposed plan shall establish intervals and standards, as
appropriate, for monitoring and evaluation of the plan. Such intervals
and standards shall be based on the sensitivity of the resource to the
decisions involved and shall provide for evaluation to determine whether
mitigation measures are satisfactory, whether there has been significant
change in the related plans of other Federal agencies, State or local
governments, or Indian tribes, or whether there is new data of
significance to the plan. The District Manager shall be responsible for
monitoring and evaluating the plan in accordance with the established
intervals and standards and at other times as appropriate to determine
whether there is sufficient cause to warrant amendment or revision of
the plan.
1610.5 Resource management plan approval, use and modification.
43 CFR 1610.5-1 Resource management plan approval and administrative
review.
(a) The proposed resource management plan or revision shall be
submitted by the District Manager to the State Director for supervisory
review and approval. When the review is completed the State Director
shall either publish the proposed plan and file the related
environmental impact statement or return the plan to the District
Manager with a written statement of the problems to be resolved before
the proposed plan can be published.
(b) No earlier than 30 days after the Environmental Protection Agency
publishes a notice of the filing of the final environmental impact
statement in the Federal Register, and pending final action on any
protest that may be filed, the State Director shall approve the plan.
Approval shall be withheld on any portion of a plan or amendment being
protested until final action has been completed on such protest. Before
such approval is given, there shall be public notice and opportunity for
public comment on any significant change made to the proposed plan. The
approval shall be documented in a concise public record of the decision,
meeting the requirements of regulations for the National Environmental
Policy Act of 1969 (40 CFR 1505.2).
43 CFR 1610.5-2 Protest procedures.
(a) Any person who participated in the planning process and has an
interest which is or may be adversely affected by the approval or
amendment of a resource management plan may protest such approval or
amendment. A protest may raise only those issues which were submitted
for the record during the planning process.
(1) The protest shall be in writing and shall be filed with the
Director. The protest shall be filed within 30 days of the date the
Environmental Protection Agency published the notice of receipt of the
final environmental impact statement containing the plan or amendment in
the Federal Register. For an amendment not requiring the preparation of
an environmental impact statement, the protest shall be filed within 30
days of the publication of the notice of its effective date.
(2) The protest shall contain:
(i) The name, mailing address, telephone number and interest of the
person filing the protest;
(ii) A statement of the issue or issues being protested;
(iii) A statement of the part or parts of the plan or amendment being
protested;
(iv) A copy of all documents addressing the issue or issues that were
submitted during the planning process by the protesting party or an
indication of the date the issue or issues were discussed for the
record; and
(v) A concise statement explaining why the State Director's decision
is believed to be wrong.
(3) The Director shall promptly render a decision on the protest.
The decision shall be in writing and shall set forth the reasons for the
decision. The decision shall be sent to the protesting party by
certified mail, return receipt requested.
(b) The decision of the Director shall be the final decision of the
Department of the Interior.
43 CFR 1610.5-3 Conformity and implementation.
(a) All future resource management authorizations and actions, as
well as budget or other action proposals to higher levels in the Bureau
of Land Management and Department, and subsequent more detailed or
specific planning, shall conform to the approved plan.
(b) After a plan is approved or amended, and if otherwise authorized
by law, regulation, contract, permit, cooperative agreement or other
instrument of occupancy and use, the District and Area Manager shall
take appropriate measures, subject to valid existing rights, to make
operations and activities under existing permits, contracts, cooperative
agreements or other instruments for occupancy and use, conform to the
approved plan or amendment within a reasonable period of time. Any
person adversely affected by a specific action being proposed to
implement some portion of a resource management plan or amendment may
appeal such action pursuant to 43 CFR 4.400 at the time the action is
proposed for implementation.
(c) If a proposed action is not in conformance, and warrants further
consideration before a plan revision is scheduled, such consideration
shall be through a plan amendment in accordance with the provisions of
1610.5-5 of this title.
(d) More detailed and site specific plans for coal, oil shale and tar
sand resources shall be prepared in accordance with specific regulations
for those resources: Group 3400 of this title for coal; Group 3900 of
this title for oil shale; and part 3140 of this title for tar sand.
These activity plans shall be in conformance with land use plans
prepared and approved under the provisions of this part.
43 CFR 1610.5-4 Maintenance.
Resource management plans and supporting components shall be
maintained as necessary to reflect minor changes in data. Such
maintenance is limited to further refining or documenting a previously
approved decision incorporated in the plan. Maintenance shall not
result in expansion in the scope of resource uses or restrictions, or
change the terms, conditions, and decisions of the approved plan.
Maintenance is not considered a plan amendment and shall not require the
formal public involvement and interagency coordination process described
under 1610.2 and 1610.3 of this title or the preparation of an
environmental assessment or environmental impact statement. Maintenance
shall be documented in plans and supporting records.
43 CFR 1610.5-5 Amendment.
A resource management plan may be changed through amendment. An
amendment shall be initiated by the need to consider monitoring and
evaluation findings, new data, new or revised policy, a change in
circumstances or a proposed action that may result in a change in the
scope of resource uses or a change in the terms, conditions and
decisions of the approved plan. An amendment shall be made through an
environmental assessment of the proposed change, or an environmental
impact statement, if necessary, public involvement as prescribed in
1610.2 of this title, interagency coordination and consistency
determination as prescribed in 1610.3 of this title and any other data
or analysis that may be appropriate. In all cases, the effect of the
amendment on the plan shall be evaluated. If the amendment is being
considered in response to a specific proposal, the analysis required for
the proposal and for the amendment may occur simultaneously.
(a) If the environmental assessment does not disclose significant
impact, a finding of no significant impact may be made by the District
Manager. The District Manager shall then make a recommendation on the
amendment to the State Director for approval, and upon approval, the
District Manager shall issue a public notice of the action taken on the
amendment. If the amendment is approved, it may be implemented 30 days
after such notice.
(b) If a decision is made to prepare an environmental impact
statement, the amending process shall follow the same procedure required
for the preparation and approval of the plan, but consideration shall be
limited to that portion of the plan being considered for amendment. If
several plans are being amended simultaneously, a single environmental
impact statement may be prepared to cover all amendments.
43 CFR 1610.5-6 Revision.
A resource management plan shall be revised as necessary, based on
monitoring and evaluation findings ( 1610.4-9), new data, new or revised
policy and changes in circumstances affecting the entire plan or major
portions of the plan. Revisions shall comply with all of the
requirements of these regulations for preparing and approving an
original resource management plan.
43 CFR 1610.5-7 Situations where action can be taken based on another
agency's plan, or a land use analysis.
These regulations authorize the preparation of a resource management
plan for whatever public land interests exist in a given land area.
There are situations of mixed ownership where the public land estate is
under non-Federal surface, or administration of the land is shared by
the Bureau of Land Management with another Federal agency. The District
and Area Manager may use the plans or the land use analysis of other
agencies when split or shared estate conditions exist in any of the
following situations:
(a) Another agency's plan (Federal, State, or local) may be used as a
basis for an action only if it is comprehensive and has considered the
public land interest involved in a way comparable to the manner in which
it would have been considered in a resource management plan, including
the opportunity for public participation.
(b) After evaluation and review, the Bureau of Land Management may
adopt another agency's plan for continued use as a resource management
plan if an agreement is reached between the Bureau of Land Management
and the other agency to provide for maintenance and amendment of the
plan, as necessary, to comply with law and policy applicable to public
lands.
(c) A land use analysis may be used to consider a coal lease when
there is no Federal ownership interest in the surface or when coal
resources are insufficient to justify plan preparation costs. The land
use analysis process, as authorized by the Federal Coal Leasing
Amendments Act, consists of an environmental assessment or impact
statement, public participation as required by 1610.2 of this title,
the consultation and consistency determinations required by 1610.3 of
this title, the protest procedure prescribed by 1610.5-2 of this title
and a decision on the coal lease proposal. A land use analysis meets
the planning requirements of section 202 of the Federal Land Policy and
Management Act. The decision to approve the land use analysis and to
lease coal is made by the Departmental official who has been delegated
the authority to issue coal leases.
43 CFR 1610.6 Management decision review by Congress.
The Federal Land Policy and Management Act requires that any Bureau
of Land Management management decision or action pursuant to a
management decision which totally eliminates one or more principal or
major uses for 2 or more years with respect to a tract of 100,000 acres
or more, shall be reported by the Secretary to Congress before it can be
implemented. This report shall not be required prior to approval of a
resource management plan which, if fully or partially implemented, would
result in such an elimination. The required report shall be submitted
as the first action step in implementing that portion of a resource
management plan which would require elimination of such a use.
1610.7 Designation of areas.
43 CFR 1610.7-1 Designation of areas unsuitable for surface mining.
(a)(1) The planning process is the chief process by which public land
is reviewed to assess whether there are areas unsuitable for all or
certain types of surface coal mining operations under section 522(b) of
the Surface Mining Control and Reclamation Act. The unsuitability
criteria to be applied during the planning process are found in 3461.1
of this title.
(2) When petitions to designate land unsuitable under section 522(c)
of the Surface Mining Control and Reclamation Act are referred to the
Bureau of Land Management for comment, the resource management plan, or
plan amendment if available, shall be the basis for review.
(3) After a resource management plan or plan amendment is approved in
which lands are assessed as unsuitable, the District Manager shall take
all necessary steps to implement the results of the unsuitability review
as it applies to all or certain types of coal mining.
(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
Bureau of Land Management, 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 District Manager shall take
all necessary steps to implement the results of the unsuitability review
as it applies to minerals or materials other than coal.
43 CFR 1610.7-2 Designation of areas of critical environmental concern.
Areas having potential for Areas of Critical Environmental Concern
(ACEC) designation and protection management shall be identified and
considered throughout the resource management planning process (see
1610.4-1 through 1610.4-9).
(a) The inventory data shall be analyzed to determine whether there
are areas containing resources, values, systems or processes or hazards
eligible for further consideration for designation as an ACEC. In order
to be a potential ACEC, both of the following criteria shall be met:
(1) Relevance. There shall be present a significant historic,
cultural, or scenic value; a fish or wildlife resource or other natural
system or process; or natural hazard.
(2) Importance. The above described value, resource, system,
process, or hazard shall have substantial significance and values. This
generally requires qualities of more than local significance and special
worth, consequence, meaning, distinctiveness, or cause for concern. A
natural hazard can be important if it is a significant threat to human
life or property.
(b) The State Director, upon approval of a draft resource management
plan, plan revision, or plan amendment involving ACECs, shall publish a
notice in the Federal Register listing each ACEC proposed and specifying
the resource use limitations, if any, which would occur if it were
formally designated. The notice shall provide a 60-day period for
public comment on the proposed ACEC designation. The approval of a
resource management plan, plan revision, or plan amendment constitutes
formal designation of any ACEC involved. The approved plan shall
include the general management practices and uses, including mitigating
measures, identified to protect designated ACEC.
43 CFR 1610.8 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 shall be in compliance with the
principle of multiple use and sustained yield and shall have been
developed with public participation and governmental coordination, but
not necessarily precisely as prescribed in 1610.2 and 1610.3 of this
title.
(2) No sooner than 30 days after the Environmental Protection Agency
publishes a notice of the filing of a final court-ordered environmental
impact statement -- which is based on a management framework plan --
proposed actions may be initiated without any further analysis or
processes included in this subpart.
(3) For proposed actions other than those described in paragraph
(a)(2) of this section, determination shall be made by the District or
Area Manager whether the proposed action is in conformance with the
management framework plan. Such determination shall be in writing and
shall explain the reasons for the determination.
(i) If the proposed action is in conformance, it may be further
considered for decision under procedures applicable to that type of
action, including requirements of regulations for implementing the
procedural provisions of the National Environmental Policy Act in 40 CFR
parts 1500-1508.
(ii) If the proposed action is not in conformance with the management
framework plan, and if the proposed action warrants further favorable
consideration before a resource management plan is scheduled for
preparation, such consideration shall be through a management framework
plan amendment using the provisions of 1610.5-5 of this title.
(b)(1) If an action is proposed where public lands are not covered by
a management framework plan or a resource management plan, an
environmental assessment and an environmental impact statement, if
necessary, plus any other data and analysis necessary to make an
informed decision, shall be used to assess the impacts of the proposal
and to provide a basis for a decision on the proposal.
(2) A land disposal action may be considered before a resource
management plan is scheduled for preparation, through a planning
analysis, using the process described in 1610.5-5 of this title for
amending a plan.
43 CFR 1610.8 Group 1700 -- Program Management
43 CFR 1610.8 PART 1720 -- PROGRAMS AND OBJECTIVES
43 CFR 1610.8 Subpart 1725 -- Program Policy
Sec.
1725.0-1 Purpose.
1725.1 Current administration.
1725.2 Disposal policy.
1725.2-1 Pricing policy.
1725.3 Management policy.
1725.3-1 Priority of use for lands retained for multiple use
management.
1725.3-2 Intensity of use and management of lands retained for
multiple use management.
1725.3-3 Components of multiple use management.
Authority: R.S. 2478, 43 U.S.C. 1201.
Source: 35 FR 9512, June 13, 1970, unless otherwise noted.
43 CFR 1610.8 Subpart 1725 -- Program Policy
43 CFR 1725.0-1 Purpose.
This subpart lists general and basic policies which will be followed
in the implementation of the various public land disposal and management
authorities administered by the Secretary of the Interior through the
Bureau of Land Management.
43 CFR 1725.1 Current administration.
Pending classification authorized by the Classification and Multiple
Use Act (78 Stat. 986, 43 U.S.C. 1411-18) or other available authority,
all lands administered by the Secretary through the Bureau of Land
Management will continue to be administered for multiple use and
sustained yield of the several products and services obtainable
therefrom.
43 CFR 1725.2 Disposal policy.
Public lands will be transferred out of Federal ownership in the most
efficient manner possible. This will be accomplished, where
practicable, by the following procedures.
(a) Encouragement and assistance will be extended to State, county,
and local governments in master planning and zoning. They will be
encouraged to utilize the best modern techniques for quality land
utilization, including preservation of natural beauty and open space
values, and the prevention of uneconomic use and development of flood
plains.
(b) Inclusion in patents of suitable conditions or restrictions on
the use of the land, in those situations where a tract of land is
suitable for disposal but has been evaluated as having a flood hazard
potential which may cause economic loss to improvements or may endanger
human life. If inclusion of needed conditions or restrictions in the
deed are not permitted by law, the tract may be withheld from disposal
to avoid, such losses.
(E.O. 11296, 31 FR 10663, Aug. 11, 1966)
(c) Participation of the public and consultation with local
government will be invited in the formulation of plans for transfers of
public lands.
(d) Timely and orderly identification and disposition of lands needed
for urban or suburban purposes, or chiefly valuable for residential,
commercial, industrial, agricultural, or public purposes will be made.
(e) Practices and procedures will be utilized which will achieve
appropriate dispositions with minimum administrative costs.
(f) Priorities will be established based upon availability of funds,
urgency of needs for public lands, and resulting economies or
effectiveness of Government operations.
(35 FR 9512, June 13, 1970, as amended at 41 FR 29122, July 15, 1976)
43 CFR 1725.2-1 Pricing policy.
The public land laws generally require as consideration for transfer
of public lands out of Federal ownership, a fair return in the form of
one or more of the following: Money, lands, or other property;
development of the lands; or some public benefit, tangible or
intangible. Where the law requires the Secretary to determine the
return, such determination will be made in accordance with the following
principles:
(a) Wherever the law does not provide otherwise, disposals to private
persons and profit organizations will be made at not less than fair
market value for the interests conveyed and through competitive bidding.
(b) Transfers to States and local government agencies for commercial,
or industrial purposes will be through negotiated sale at fair market
values.
(c) Transfer of land to States and local government agencies and to
nonprofit organizations to be developed for public purposes will be made
at prices and other terms that will encourage and facilitate the
accomplishment of the public purposes involved.
(d) Where development is required by law or regulation in lieu of
less than full payment, there must be appropriate assurance that the
development effort will be bona fide and substantial.
1725.3 Management policy.
43 CFR 1725.3-1 Priority of use for lands retained for multiple use
management.
No overall priority is assigned by the Classification and Multiple
Use Act or by the Secretary to any specific use. The Secretary or his
delegate will authorize, under applicable authority, that use or
combination of uses which will best achieve the objectives of multiple
use, taking into consideration all pertinent factors, including, but not
limited to, ecology, existing uses, and the relative values of the
various resources in particular areas.
43 CFR 1725.3-2 Intensity of use and management of lands retained for
multiple use management.
Consistent with the provisions of applicable law, the land will be
managed:
(a) To attain the widest range of beneficial uses of the environment
(including the land, water, flora, fauna, and other environmental
elements), without undue environmental degradation, risk to health or
safety, or other undesirable consequences.
(b) To attain optimum production of its various products and for
those other beneficial uses for which the lands are physically and
economically suited, consistent with acceptable environmental quality.
(c) To preserve important historic, cultural, and natural aspects of
our national heritage. The following matters will be considered:
(1) Existing or future economic and social needs for the resource,
use, value, or commodity.
(2) The effect of any proposed use on all other resource values.
(3) Coordination and cooperation with the resource use and management
programs of States, local governments, public organizations and private
landowners.
(4) Consistency with national programs.
(5) Compatibility of the possible uses.
(6) Compatibility with the maintenance and enhancement of long-term
productivity of the lands and the integrity of the environment.
(36 FR 6422, Apr. 3, 1971)
43 CFR 1725.3-3 Components of multiple use management.
Section 1 of the Classification and Multiple Use Act lists ten
objectives of public land management. The methods of management of the
public lands will be governed by the provision of existing laws. The
listed objectives as interpreted by the Secretary are as follows:
(a) Domestic livestock grazing. Management of public lands for
domestic livestock grazing involves the protection, regulated use, and
development of forage producing public lands and the management of
livestock (cattle, sheep, horses, and goats) use to obtain a sustained
yield of forage.
(b) Fish and wildlife development and utilization. Management of
public lands for fish and wildlife development and utilization involves
the protection, regulated use, and development of habitat on public
lands and waters to obtain a sustained yield of fish and wildlife and
provision and maintenance of public access to fish and wildlife
resources.
(c) Industrial development. Management of public lands for
industrial development involves the protection, regulated use, and
development of public lands in a manner to facilitate the growth and
stability of industry, whether off-site or on-site, long term or short
term.
(d) Mineral production. Management of public lands for mineral
production involves the protection, regulated use, and development of
public lands in a manner to facilitate the extraction and processing of
minerals, whether off-site or on-site, long term or short term.
(e) Occupancy. Management of public lands for occupancy involves the
protection, regulated use, and development of lands as sites for
economically and socially useful structures, either publicly or
privately owned.
(f) Outdoor recreation. Management of public lands for outdoor
recreation involves the protection, regulated use, and development of
public lands having open-space values in a manner that will preserve
those values and will make them available for appropriate recreation
enjoyment by the public.
(g) Timber production. Management of public lands for timber
production involves the protection, regulated use, and development of
public forest and woodland areas to obtain a sustained yield of forest
products.
(h) Watershed protection. Management of public lands for watershed
protection involves the protection, regulated use, and development of
any public lands in a manner to control runoff; to minimize soil
erosion, siltation, and other destructive consequences of uncontrolled
water flows; and to maintain and improve storage, yield, quality, and
quantity of surface and subsurface waters.
(i) Wilderness preservation. Management of public lands for
wilderness preservation involves the protection and regulated use of
public lands which are in a roadless and primitive condition in a manner
to preserve their essential wilderness character.
(j) Preservation of public values. Management of public land for
preservation of public values that would be lost if the land passed from
Federal ownership involves the protection, regulated use, and
development of any public lands having unique or scarce characteristics
or site values in a manner to insure their continued availability to the
general public, either national or local, temporarily or permanently.
It also involves the prevention of avoidable losses and damage,
including avoidance of use and development which may require future
expenditures for flood protection and flood damage relief.
43 CFR 1725.3-3 PART 1780 -- COOPERATIVE RELATIONS
43 CFR 1725.3-3 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 committees.
1784.6-1 National Public Lands Advisory Council.
1784.6-2 -- 1784.6-3 (Reserved)
1784.6-4 District advisory councils.
1784.6-5 Grazing advisory boards.
Authority: 5 U.S.C. Appendix I, 43 U.S.C. 1701 et seq.
Source: 45 FR 8177, Feb. 6, 1980, unless otherwise noted.
43 CFR 1725.3-3 Subpart 1784 -- Advisory Committees
43 CFR 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.
43 CFR 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.
43 CFR 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)
1784.0-4 (Reserved)
43 CFR 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) Authorized representative means the Federal officer or employee
designated by an advisory committee charter who approves meeting agendas
and attends all meetings of the committee and its subcommittees, if any.
(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.
43 CFR 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.
1784.1 Establishment, duration, termination, and renewal.
43 CFR 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.
43 CFR 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.
1784.2 Composition, avoidance of conflict of interest.
43 CFR 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 of race, age, sex, religion or
national origin.
(b) Only an individual who holds a lease or permit to graze livestock
upon public lands under the jurisdiction of a Bureau of Land Management
District Office shall be eligible to serve as a member of a grazing
advisory board.
(c) Individuals shall qualify to serve on an advisory committee other
than a grazing advisory board because their education, training, or
experience enables them to give informed and objective advice regarding
an industry, discipline, or interest specified in the charter.
43 CFR 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 grazing
advisory boards;
(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 or board member, including a grazing
advisory board member, shall participate in deliberations or vote on any
matter in which the advisor has a direct interest.
43 CFR 1784.3 Member service.
(a) Elections to grazing advisory boards shall be for 2-year terms
unless a shorter period is specified in the charter. Individuals may be
re-elected to additional 2-year terms without limit.
(b) Appointment to district advisory councils shall be for 3-year
terms, on the established staggered-term basis, with as near as possible
to one-third of each council subject to appointment each year. An
appointment shall be considered effective, for the purpose of
reappointment eligibility as defined in paragraphs (b) (3), (4), and (5)
of this section, on January 1 of the first year of the term, regardless
of the date the appointment is actually made. Terms and appointment are
governed by the following:
(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 district 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;
(3) A person who has served a 3-year term on a council may, at the
discretion of the Secretary, be reappointed to a second consecutive
3-year term;
(4) A person who has served an appointed term of less than 3 years on
a council to fill a vacancy occurring for reasons described in paragraph
(b)(2) of this section may, at the discretion of the Secretary, be
reappointed to two consecutive 3-year terms;
(5) A person who has served 2 consecutive 3-year terms on a council
may be subsequently appointed no earlier than 3 years after his or her
last date of membership on that council. However, the Secretary may
waive this 3-year waiting period and appoint that person to a 1-year
term, upon determining that the member's continued or renewed service on
the council is in the public interest and critical to the effective
functioning of the council, and the responsible district manager has
certified that these conditions have been met.
(c) Appointment to the National Public Lands Advisory Council shall
be on a staggered-term basis. Initial appointments in 1982 shall be
made in the following fashion: 7 members shall be appointed for terms
expiring December 31, 1982; 7 members shall be appointed for terms
expiring December 31, 1983; and 7 members shall be appointed for terms
expiring December 31, 1984. Subsequent appointments shall be made for
3-year terms. At least one member shall be an elected official of
general purpose government. Vacancies occurring by reason of removal,
resignation or death shall be filled for the balance of the vacating
member's term using the same methods by which the original appointment
was made. At the discretion of the Secretary, members may be
reappointed to additional terms. The Council shall elect its own
officers.
(d) Elections or appointments to all other advisory bodies shall be
for two-year terms unless a shorter period is specified in the charter,
the election procedures, 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 authorizing
appointing official. ; and
(e) 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.
(f) The Secretary or his authorized representative may, after written
notice, terminate the service of an advisor if, in the judgment of the
Secretary or his authorized representative, 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.
(g) For purposes of compensation, members of advisory committees,
except for grazing advisory board members, shall be reimbursed for
travel and per diem expenses when on advisory committee business, as
authorized by 5 U.S.C. 5703.
(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)
1784.4 Public participation.
43 CFR 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.
43 CFR 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.
43 CFR 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.
1784.5 Operating procedures.
43 CFR 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 his authorized representative.
43 CFR 1784.5-2 Meetings.
(a) Advisory committees shall meet only at the call of the Secretary
or his authorized representative.
(b) No meeting shall be held in the absence of the Secretary or his
authorized representative.
(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.
43 CFR 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;
(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).
1784.6 Membership and functions of committees.
43 CFR 1784.6-1 National Public Lands Advisory Council.
(a) From nominations by individuals, national organizations and
associations concerned with problems related to planning for and
management of lands under the jurisdiction of the Bureau of Land
Management, the Director will submit to the Secretary a list of citizens
recommended for membership on the National Public Lands Advisory
Council. From this list or other sources, the Secretary shall appoint
to the Council 21 persons who are qualified through education, training
or experience to give informed and objective advice concerning land use
and resource policy, planning, and management for the public lands.
(b) The National Public Lands Advisory Council shall advise the
Secretary, through the Director, as to regulations, policies, plans and
programs of national scope relative to public lands and resources under
the jurisdiction of the Bureau of Land Management.
(c) The Council shall meet at the call of the Director. The Director
or the Director's designee shall be the authorized representative at all
meetings of the Council and committees that may be formed.
(d) Administrative support for the Council shall be the
responsibility of the Director.
(45 FR 8177, Feb. 6, 1980, as amended at 47 FR 6429, Feb. 12, 1982)
1784.6-2 -- 1784.6-3 (Reserved)
43 CFR 1784.6-4 District advisory councils.
(a) An advisory council shall be established for each Bureau of Land
Management District.
(b) The Secretary or his designee shall appoint 15 members to serve
on the California Desert District Advisory Council, and not less than 10
nor more than 15 members to serve on each of the other councils in
accordance with the provisions of 1784.3(b) of this title. One of the
appointees shall be an elected official of general purpose government
serving within the District. Membership shall be balanced to reflect
the various elements in the plans and programs for the District.
(c) A district advisory council advises the Bureau of Land Management
District Manager to whom it reports regarding multiple use plans and
programs for public lands and resources under the jurisdiction of that
District.
(d) In addition to the functions assigned by paragraph (c) of this
section, the California Desert District Advisory Council advises the
California Desert District Manager with respect to the implementation of
the comprehensive, long-range plan for the management, use, development,
and protection of the public lands within the California Desert
Conservation Area.
(e) A District advisory council and its subcommittee(s) shall meet at
the call of the District Manager and elect their own officers. The
District Manager or a designee shall be the authorized representative at
all meetings of the council and its subcommittees.
(f) Administrative support for a District advisory council and its
subcommittees shall be provided by the office of the District Manager to
whom it reports.
(45 FR 8177, Feb. 6, 1980, as amended at 51 FR 39530, Oct. 29, 1986)
43 CFR 1784.6-5 Grazing advisory boards.
(a) At least one grazing advisory board shall be established in each
District office of the 16 contiguous Western States --
(1) Having jurisdiction over more than 500,000 acres of land subject
to commercial livestock grazing; and
(2) Upon petition of a simple majority of public land livestock
lessees and permittees under the jurisdiction of the District Office.
(b) The District Manager to whom the board reports shall call
biennially for nominations from grazing lessees and permitees under the
jurisdiction of the District office. From such nominations, the lessees
and permittees shall, in turn, elect no less than 5 nor more than 8
individuals to serve on the board. Member service shall be without cost
to the Government.
(c) The advice and recommendations to the District Manager by a
grazing advisory board shall be limited to matters regarding --
(1) The development of allotment management plans; and
(2) The utilization of range-betterment funds.
(d) A grazing advisory board shall meet at least once a year at the
call of the District Manager to whom it reports, and shall elect its own
chairperson. The District Manager or a designee shall be the authorized
representative at all meetings.
(e) Administrative support for a grazing advisory board shall be
provided by the office of the District Manager to whom the board
reports.
(45 FR 8177, Feb. 6, 1980, as amended at 51 FR 39530, Oct. 29, 1986)
43 CFR 1784.6-5 Group 1800 -- Public Administrative Procedures
43 CFR 1784.6-5 PART 1810 -- INTRODUCTION AND GENERAL GUIDANCE
43 CFR 1784.6-5 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.
43 CFR 1784.6-5 Subpart 1812 -- Qualifications of Practitioners
1812.1 General.
1812.1-1 Regulations governing practice before the Department.
1812.1-2 Inquiries.
43 CFR 1784.6-5 Subpart 1813 -- Public Land Records
1813.1 Tract books and plats.
1813.1-1 Notations to records.
1813.1-2 Filing of township plats.
1813.2 Serial register.
1813.2-1 Inspection of serial register.
1813.3 Production of records in court.
1813.3-1 Statutory authority.
43 CFR 1784.6-5 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: R.S. 2478; 43 U.S.C. 1201, unless otherwise noted.
43 CFR 1784.6-5 Subpart 1810 -- General Rules
Source: 35 FR 9513, June 13, 1970, unless otherwise noted.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 1810.4 Subpart 1812 -- Qualifications of Practitioners
1812.1 General.
43 CFR 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)
43 CFR 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)
43 CFR 1812.1-2 Subpart 1813 -- Public Land Records
Source: 35 FR 9513, June 1970, unless otherwise noted.
1813.1 Tract books and plats.
43 CFR 1813.1-1 Notations to records.
(a) The authorized officer shall cause the proper notation to be made
on the plats in order that the status of a tract may be readily
ascertained by the person examining the plat.
(b) All withdrawals, reservations, classifications, designations,
segregations and orders affecting the disposition of lands shall be
noted on the tract books and plats.
(c) Use authorizations in excess of 1 year and other leases,
easements and permits shall be noted on the tract books and plats upon
issuance. Title transfers shall be noted upon issuance of patent.
(47 FR 32130, July 26, 1982)
43 CFR 1813.1-2 Filing of township plats.
(a) After acceptance of a survey, the original plat thereof will be
returned to the State Director, the duplicate plat will be retained in
the files of the Bureau of Land Management in Washington, D.C., and the
triplicate plat will be forwarded to the proper office. The plat will
be placed on record in the open files of the respective offices
immediately upon receipt thereof and will then be available to the
public as a matter of information only with respect to the technical
data and descriptions appearing thereon; copies of such plat and the
related field notes will be furnished upon request and payment of the
costs as provided in 2.4 of this title. When the authorized officer of
the proper office is instructed to file the plat without the usual
public notice, such plat will be regarded as officially filed in his
office on the date of receipt.
(b) If public notice of the filing of the plat is to be given, the
authorized officer shall prepare the notice for publication in the
Federal Register.
1813.2 Serial register.
43 CFR 1813.2-1 Inspection of serial register.
The serial register is a public record and may be reasonably
inspected by any person, provided such examination may be made without
interfering with the orderly dispatch of public business. Should the
authorized officer ascertain that any person is obtaining information
therefrom for improper purposes, he will deny such person further access
thereto.
1813.3 Production of records in court.
43 CFR 1813.3-1 Statutory authority.
Whenever, pursuant to the Act of April 19, 1904 (33 Stat. 186; 43
U.S.C. 13), the authorized officer shall be served with a subpoena duces
tecum or other valid legal process requiring him to produce, in any
United States court or in any court of record of any State, the original
application for entry of public lands or the final proof of residence
and cultivation or any other original papers on file in the Bureau of
Land Management on which a patent to land has been issued or which
furnish the basis for such patent, it shall be the duty of such
authorized officer to at once notify the Director of the Bureau of Land
Management of the service of such process, specifying the particular
papers he is required to produce, and upon receipt of such notice from
any authorized officer the Director of the Bureau of Land Management
shall at once transmit to such authorized officer the original papers
specified in such notice, and attach to such papers a certificate, under
seal of his office, properly authenticating them as the original papers
upon which patent was issued. The said act also provides that such
papers so authenticated shall be received in evidence in all courts of
the United States and in the several State courts of the States of the
Union. (33 Stat. 186; 43 U.S.C. 13)
Cross Reference: For testimony of employees and use of books,
records and files in judicial and administrative proceedings, see part 2
of this title.
43 CFR 1813.3-1 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.
43 CFR 1815.0-3 Authority.
Disaster Relief Act of 1970 (84 Stat. 1744).
43 CFR 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.
1815.1 Timber sale contracts.
43 CFR 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.
43 CFR 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.
(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.
43 CFR 1815.1-2 PART 1820 -- APPLICATION PROCEDURES
43 CFR 1815.1-2 Subpart 1821 -- Execution and Filing of Forms
Sec.
1821.1 Names of claimants.
1821.2 Office hours; place for filing; time limit.
1821.2-1 Office hours; place for filing.
1821.2-2 Time limit for filing documents.
1821.2-3 Simultaneous filings; determination of order of priority.
1821.2-4 Use of certified mail.
1821.3 Oaths.
1821.3-1 Elimination of the requirements.
1821.3-2 Officers qualified.
1821.4 Notations on applications.
1821.4-1 Notation of rights-of-way.
1821.4-2 When notation required.
1821.5 Entries for lands in more than one land district.
1821.5-1 Governing regulations.
1821.5-2 Applications and fees to be filed in each office.
1821.5-3 Mining claims.
1821.6 Alaska.
1821.6-1 Applications not to be rejected because executed more than
10 days prior to filing.
1821.6-2 Joint action to acquire public lands.
43 CFR 1815.1-2 Subpart 1822 -- Payments and Repayments
1822.0-3 Authority for repayments.
1822.1 Payments.
1822.1-1 Amount.
1822.1-2 Forms of remittances.
1822.2 Repayments.
1822.2-1 Filing of applications.
1822.2-2 Statement of grounds for repayment.
1822.3 Act of June 16, 1880.
1822.3-1 Statutory provisions.
1822.3-2 Applications.
1822.3-3 Recording of reconveyance.
1822.3-4 Repayment to heirs, executors, administrators.
1822.3-5 Repayment to assignees.
1822.3-6 Repayment to mortgagees.
43 CFR 1815.1-2 Subpart 1823 -- Proofs and Testimony
1823.1 Time and place; appearances.
1823.1-1 Time; place; continuance.
1823.1-2 Who may appear.
1823.2 Procedures.
1823.2-1 Examination of claimant and witnesses.
1823.2-2 Testimony to be taken separate and apart from and not within
the hearing of the others.
1823.2-3 Advice concerning laws and penalties for false swearing.
1823.2-4 Fees; costs.
1823.3 Transmittal of proof papers.
1823.4 Proof on entries in more than one district.
1823.5 Conduct of officers.
1823.5-1 Prohibited activities.
43 CFR 1815.1-2 Subpart 1824 -- Publication and Posting of Notices
1824.0-1 Purpose.
1824.1 Selection of newspaper.
1824.1-1 Qualifications of newspaper.
1824.1-2 Discretionary authority of authorized officer; limitations.
1824.2 Payment for republication of notice.
1824.3 Frequency of publication.
43 CFR 1815.1-2 Subpart 1825 -- Relinquishments
1825.1 When relinquished land becomes subject to further
appropriation.
1825.2 Relinquishment of right-of-way.
43 CFR 1815.1-2 Subpart 1826 -- Reinstatement of Canceled Entries
1826.1 Application for reinstatement.
43 CFR 1815.1-2 Subpart 1821 -- Execution and Filing of Forms
Authority: R.S. 2478; 43 U.S.C. 1201, unless otherwise noted.
Source: 35 FR 9514, June 13, 1970, unless otherwise noted.
43 CFR 1821.1 Names of claimants.
Full names of claimants must appear in applications, final
certificates, and patents.
1821.2 Office hours; place for filing; time limit.
43 CFR 1821.2-1 Office hours; place for filing.
(a) The hours during which the offices set forth in paragraph (d) of
this section shall be open to the public for the filing of applications
and other documents and the inspection of records shall be prominently
displayed in each office.
(b) Applications and other documents cannot be received for filing by
the authorized officer out of office hours, nor elsewhere than at his
office; nor can affidavits or proofs be taken by him except in the
regular and public discharge of his ordinary duties.
(c) Copies of forms may be obtained from any of the offices listed
under paragraph (d) of this section. However, completed forms and other
documents must be filed in the office having jurisdiction.
(d) The Bureau of Land Management has redelegated authority to
District and Area Offices for processing certain types of public lands
disposal and use authorization applications. In those instances where
delegation has been made to the District or Area Office from the State
Office, applications shall be filed with the District or Area Office
having responsibility for the public lands covered by the requested
action. Accordingly, applicants, prior to the filing of an application,
should contact the State, District or Area Office of the Bureau of Land
Management in their immediate vicinity or for the geographic area in
which the public lands being applied for are located. The locations of
the offices are as follows:
Alaska State Office, 701 C Street, Box 13, Anchorage, AK 99513 --
Alaska
Arizona State Office, 3707 North 7th Street, Phoenix, AZ 85014;
Mail: P.O. Box 16563, Phoenix, AZ 85011 -- Arizona
California State Office, Federal Building, 2800 Cottage Way,
Sacramento, CA 95825 -- California
Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215 --
Colorado
Eastern States Office, 350 South Pickett Street, Alexandria, VA 22304
-- Arkansas, Iowa, Louisiana, Minnesota, Missouri and all States east of
the Mississippi
Idaho State Office, 3380 Americana Terrace, Boise, ID 83706 -- Idaho
Montana State Office, Granite Tower, 222 North 32nd Street, P.O. Box
36800, Billings, MT 59107 -- Montana, North Dakota and South Dakota
Nevada State Office, 850 Harvard Way, P.O. Box 12000, Reno, NV 89520
-- Nevada
New Mexico State Office, Joseph M. Montoya, Federal Building, South
Federal Place, P.O. Box 1449, Santa Fe, NM 87504-1449 -- Kansas, New
Mexico, Oklahoma, and Texas
Oregon State Office, 825 Northeast Multnomah Street, P.O. Box 2965,
Portland, OR 97208 -- Oregon and Washington
Utah State Office, CFS Financial Center, 324 South State Street, Salt
Lake City, UT 84111-2303 -- Utah
Wyoming State Office, 2515 Warren Avenue, Cheyenne, WY 82001; Mail:
P.O. Box 1828, Cheyenne, WY 82003 -- Wyoming and Nebraska
43 CFR 1821.2-1 District and Area Offices
A list of the name, address and jurisdiction of all District and Area
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, 1800 C Street, NW.,
Washington, DC 20240
(Sec. 310, Federal Land Policy and Management Act of 1976 (43 U.S.C.
1740))
(38 FR 12111, May 9, 1973, as amended at 47 FR 12292, Mar. 22, 1982;
47 FR 40413, Sept. 14, 1982; 48 FR 40724, Sept. 9, 1983; 48 FR 42984,
Sept. 21, 1983; 50 FR 38122, Sept. 23, 1985; 51 FR 23547, June 30,
1986; 51 FR 26248, July 22, 1986; 51 FR 34981, Oct. 1, 1986)
43 CFR 1821.2-2 Time limit for filing documents.
(a) The authorized officer will reject all applications to make entry
which are executed more than 10 days prior to filing.
(b) Such rejections should be subject to the right of appeal and to
the right to file a new and properly executed application, or to
reexecute the rejected application, without priority.
(c) The authorized officer will accept as filed within the time named
in paragraph (a) of this section all applications to enter which were
deposited in the mails within 10 days from the date of execution.
(d) Any document required or permitted to be filed under the
regulations of this chapter, which is received in the proper office,
either in the mail or by personal delivery when the office is not open
to the public, shall be deemed to be filed as of the day and hour the
office next opens to the public.
(e) Any document required by law, regulation or decision to be filed
within a stated period, the last day of which falls on a day the office
is officially closed, shall be deemed to be timely filed if it is
received in the proper office on the next day the office is open to the
public.
(f) Except when paragraph (c) of this section is applicable, filing
is accomplished when a document is delivered to and received by the
proper office. Depositing a document in the mails does not constitute
filing.
(g) When the regulations of this chapter provide that a document must
be filed or a payment made within a specified period of time, the filing
of the document or the making of the payment after the expiration of
that period will not prevent the authorized officer from considering the
document as being timely filed or the payment as being timely made
except where:
(1) The law does not permit him to do so.
(2) The rights of a third party or parties have intervened.
(3) The authorized officer determines that further consideration of
the document or acceptance of the payment would unduly interfere with
the orderly conduct of business.
(38 FR 12111, May 9, 1973)
43 CFR 1821.2-3 Simultaneous filings; determination of order of
priority.
(a) Two or more documents are considered as simultaneously filed
when:
(1) In accordance with the regulations in 1821.2-2, they are
delivered to and received by the proper office at the same time; or
(2) They are filed pursuant to an order which specifies that
documents delivered to and received by the proper office during a
specified period shall be considered as simultaneously filed.
(b) Whenever it is necessary, for the purposes of the regulations in
this chapter, to determine the order of priority of consideration among
documents which have been simultaneously filed, such order of priority
will be established by a drawing open to public view.
(c) Nothing in this regulation shall be construed as denying any
preference right granted by applicable law or regulation or as
validating any document which is invalid under applicable law or
regulation.
(38 FR 12112, May 9, 1973)
43 CFR 1821.2-4 Use of certified mail.
Certified mail as outlined in 39 CFR part 58, may be used in lieu of
registered mail in public land matters within the jurisdiction of the
Department of the Interior except where use of registered mail is
specifically required by statute.
1821.3 Oaths.
43 CFR 1821.3-1 Elimination of the requirements.
(a) Written statements in public land matters under the jurisdiction
of the Department of the Interior need not be made under oath unless the
Secretary in his discretion shall so require (43 U.S.C. 1211). All
written statements in public land matters within the jurisdiction of the
Department of the Interior required prior to June 3, 1948, by law, or
Chapter I of this title, to be made under oath, need no longer be made
under oath, except as provided in this paragraph.
(1) Affidavits must be furnished where required by parts 1840 and
1850.
(2) Final proofs required by R.S. 2294 (43 U.S.C. 254). (See
1821.3-2, 2511.3-4 and 2521.6(d) of this chapter.)
(3) Statements as to the financial worth of individual sureties on
bonds furnished in connection with leases, licenses or permits granted
under the public land laws, known as Affidavits of Justification, must
be made in affidavit form.
(b) Unsworn statements in public land matters are subject to Title
18, U.S.C., section 1001, which makes it a crime for any person
knowingly and willfully to make to any department or agency of the
United States any false, fictitious or fraudulent statement or
representations as to any matter within its jurisdiction.
(c) False statements as to any material fact made by an applicant in
connection with applications, allowance of which is discretionary with
the authorized officer, are a proper basis for rejection of the
applications.
43 CFR 1821.3-2 Officers qualified.
(a) Oaths required under the homestead, and, desert-land acts may be
made before the authorized officer of the proper office for the district
embracing the land sought; or before any person authorized by the laws
of or pertaining to the State to administer oaths.
1821.4 Notations on applications.
43 CFR 1821.4-1 Notation of rights-of-way.
(a) In order that all persons making entry of public lands which are
affected by rights-of-way may have actual notice thereof, a reference to
such right-of-way should be made upon the original entry papers and upon
the notice of allowance of the application issued to the entryman.
43 CFR 1821.4-2 When notation required.
The authorized officer will make notations of rights-of-way on entry
papers, only where his records show that the land involved, or some part
of it, is covered by an approved application for right-of-way. See:
Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Doughty (208
U.S. 251, 52 L. ed. 474). Applicants to enter public lands that are
affected by a mere pending application for right-of-way, should be
verbally informed thereof and given all necessary information as to the
character and extent of the project embraced by the right-of-way
application; and, further, that they must take the land subject to
whatever right may have attached thereto under the right-of-way
application, and at the full area of the subdivisions entered,
irrespective of the questions of priority or damages, these being
questions for the courts to determine.
1821.5 Entries for lands in more than one land district.
43 CFR 1821.5-1 Governing regulations.
Persons desiring to make and perfect entries of land lying partly
within one land district and partly within another will be governed by
1821.5, 1823.4(a) and (b).
43 CFR 1821.5-2 Applications and fees to be filed in each office.
Complete applications must be filed in each office, together with the
usual fee and commissions payable for the land in each land district,
besides any other payment required by law. Each application should
contain a proper reference to the other application.
43 CFR 1821.5-3 Mining claims.
In applying for patent to a mining claim embracing land lying partly
within one land district and partly within another, a full set of papers
must be filed in each office, except that one abstract of title and one
proof of patent expenditures will be sufficient. Only one newspaper
publication and one posting on the claim will be required, but proof
thereof must be filed in both offices, the statements as to posting plat
and notice on the claim to be signed within the respective land
districts, as well, also, as all of the other statements required in
mineral patent proceedings, except such as, under the law, may be signed
outside of the land district wherein the land applied for is situated.
Publication, payment of fees, and the purchase price of the land will be
further governed by the provisions of 1823.4(a).
Cross Reference: For mining claims, see subpart 3821 of this
chapter.
1821.6 Alaska.
43 CFR 1821.6-1 Applications not to be rejected because executed more
than 10 days prior to filing.
Section 1821.2-2 directs authorized officers to reject all
applications to make entry which are executed more than 10 days prior to
filing. Until such time as the transportation facilities in Alaska are
improved the provisions of said section will not be held applicable to
applications filed in the proper offices of Alaska.
(35 FR 9514, June 13, 1970. Redesignated at 49 FR 35300, Sept. 6,
1984)
43 CFR 1821.6-2 Joint action to acquire public lands.
(a) Ten or more persons may file in the proper office applications in
a single group under any one or more of the laws relating to the
acquisition of lands in Alaska, including the Homestead Laws (30 Stat.
409; 32 Stat. 1028; 48 U.S.C. 371), Small Tract Laws (52 Stat. 609, 59
Stat. 467; 43 U.S.C. 682a), Home-Site Law (48 Stat. 809; 48 U.S.C.
461) and Town-Site Laws (R.S. 2380-2389, as amended, 43 U.S.C. 711-722;
26 Stat. 1099; 48 U.S.C. 355). Each application must be complete in
itself except that information common to more than one application in a
group need not be duplicated at length but may appear in or as an
appendix to one such application and be adopted by reference made in the
other applications.
(b) Where certain requirements must be met before an application to
enter or purchase may be filed, a statement of intention to meet such
requirements, signed by each prospective applicant, must be submitted in
lieu of an application. Upon compliance with applicable requirements as
to residence or otherwise, each such person must file an actual
application as required by law.
(c) Each group of applications filed hereunder should be accompanied
by two copies of a diagram showing the plan of development contemplated
by the applicants. Each such application may describe the land covered
by it in terms of a lot or tract as set forth in such diagram or the
preliminary diagram specified in this paragraph. The diagram should
include specific information as to the relative location and areal
extent of each tract or site which it is contemplated will be devoted to
school and other municipal or common purposes, to stores or other
commercial enterprises, to housing and to agriculture and grazing.
Assistance in the preparation of a preliminary diagram, which need not
pertain to a particular tract of land, may be obtained by communicating
in person or by mail with the U.S. Department of the Interior,
Washington, DC, 20240. Such preliminary diagram may be used as the
basis for the diagram to be filed with the group of applications and
which must relate to specific land.
(d) Upon the filing of such a diagram by the applicants or their
authorized representative, a petition or petitions may be filed
requesting the withdrawal of the lands to be devoted to school and other
municipal or common purposes.
(e) If any of the applications involve unsurveyed public lands, such
applications may also be accompanied by a petition, either joint or
several, for the withdrawal of the lands in behalf of specified
applicants, the survey, and, in appropriate cases, the classification
under the Small Tract Law, of such lands. The filing of such
applications confers of itself no right upon the applicants. If the
withdrawal is made, and the land classified, applicants shall have the
first right to acquire the interests for which they have applied, to the
extent permitted by statute. Any application, entry or withdrawal made
pursuant to this section shall be subject to all valid prior claims.
(f) Persons who propose to file applications in a group under
paragraph (a) of this section, by a writing to be filed in the proper
office, may designate a representative or representatives who may, at
their direction and in their behalf, make the actual filing of the
applications, previously executed by the applicants and accompanying and
supporting documents; pay any or all fees and costs in connection
therewith; and, in complete satisfaction of the requirements of
2511.1(a) of this chapter, personally examine the lands sought to be
entered and make and file a statement setting forth the information
otherwise required of each individual applicant by 2511.1-6(a) of this
chapter.
(g) Where ten or more settlers are entitled by statute to request and
receive a free survey of the lands upon which they have settled, they
may file a joint petition stating the facts as to compliance with law by
each of them. Such petition must be corroborated by two witnesses
having knowledge of the facts.
(h) Where the costs of any survey made under this section are
required by statute to be borne by one who seeks the survey, the
necessary deposit for costs must be made. The individual applicant is
ultimately responsible in such instances for the costs entailed in
satisfying his request for such a survey, but persons who file joint or
group petitions for such surveys may share the costs thereof in any
proportion they may determine.
(35 FR 9514, June 13, 1970. Redesignated at 49 FR 35300, Sept. 6,
1984)
43 CFR 1821.6-2 Subpart 1822 -- Payments and Repayments
Authority: Sec. 4, 21 Stat. 287, as amended; 43 U.S.C. 263.
Source: 35 FR 9519, June 13, 1970, unless otherwise noted.
43 CFR 1822.0-3 Authority for repayments.
The repayment of moneys received by the Government and covered into
the U.S. Treasury, in connection with the disposal or attempted disposal
of the public lands, is authorized by sections 2362 and 2363, Revised
Statutes (43 U.S.C. 689, 690). The general laws providing for the
return of such moneys are contained in the act of June 16, 1880 (21
Stat. 287; 43 U.S.C. 263) and the Act of June 14, 1960 (43 U.S.C.
1374).
1822.1 Payments.
43 CFR 1822.1-1 Amount.
(a) The amount of payments required in connection with the processing
of any application, sale, entry, lease, permit, or other transaction
governed by the regulations in this chapter are set forth in applicable
regulations.
(b) The amount of payments required for copies and abstracts of
records, including plats and diagrams showing the status of lands, are
determined as provided in part 2 of this title.
(R.S. 2478; 43 U.S.C. 1201)
43 CFR 1822.1-2 Forms of remittances.
(a) Subject to the condition set forth in paragraph (b) of this
section, forms of remittances that will be accepted in payment of fees,
rentals, purchase price, and other charges required by the regulations
in this chapter include cash and currency of the United States and
checks, money orders, and bank drafts made payable to the Bureau of Land
Management. Checks or drafts are accepted subject to collection and
final payment without cost to the Government office.
(b) Personal checks are an acceptable form of remittance except where
the regulations in this chapter specifically provide otherwise.
(R.S. 2478; 43 U.S.C. 1201)
1822.2 Repayments.
43 CFR 1822.2-1 Filing of applications.
Applications for repayment should be filed on a form approved by the
Director with the authorized officer of the proper office.
43 CFR 1822.2-2 Statement of grounds for repayment.
Where an application is filed, it should be accompanied by a
statement by the applicant setting forth fully the grounds upon which
repayment is claimed.
1822.3 Act of June 16, 1880.
43 CFR 1822.3-1 Statutory provisions.
(a) Act of June 16, 1880. The Act of June 16, 1880 (21 Stat. 287;
43 U.S.C. 263) provides for the repayment of fees, commissions, purchase
money, and excesses paid in connection with entries of the public lands
canceled for conflict, or where, from any cause, the entry was
erroneously allowed. This clause directs that said moneys shall be
repaid to the person who made such entry, or to his heirs or assigns,
and it requires the surrender of the receipts issued and the execution
of a proper relinquishment of all claims to the lands acquired under the
invalid entry.
43 CFR 1822.3-2 Applications.
(a) Claims for repayment should be made on a form approved by the
Director or the equivalent thereof, which application must contain a
statement that the title to the land under the invalid entry has not
been sold or assigned and that the same has not become a matter of
record.
(b) In cases where the entry has been made a matter of record, in the
archives of the county recording officer, there should be added to the
form of application the words ''except as shown by accompanying
evidence,'' in which event the evidence hereinafter required must be
furnished.
(c) A duly executed relinquishment must be furnished by the applicant
on a form approved by the Director.
(d) The relinquishment must be witnessed by two persons.
43 CFR 1822.3-3 Recording of reconveyance.
(a) When not required. In all cases where patent has been issued,
upon an invalid entry, a full reconveyance to the United States of all
right and title to the land acquired under the patent and entry must be
furnished, which deed must be recorded. If a certificate of the
recording officer is produced showing that neither the entry nor the
patent has been recorded, it is unnecessary to record the reconveyance
in case the patent is surrendered.
(b) When required. If, however, the patent cannot be surrendered, or
should the entry or patent have been recorded, it is necessary that the
proper party or parties execute a full reconveyance to the United States
and have the same recorded as indicated in the next following sections.
(c) When quitclaim deed required. Where title under an invalid entry
or patent has become a matter of record, a duly executed quitclaim deed,
relinquishing to the United States all right, title, and claim to the
land, acquired under the entry, or patent, must accompany the
application for repayment.
(d) Recording of quitclaim deed. The deed referred to in the
preceding section must be duly recorded, and a certificate must also be
produced from the proper recording officer of the county wherein the
land is situated, showing that said deed is so recorded and that the
records of his office do not exhibit any other conveyance or encumbrance
of the title to the land.
(e) Conformance to State laws. The reconveyance to the United States
must conform in every particular to the laws of the State in which the
land is located relative to transfers of real property.
(f) Reconveyance unnecessary. If the applicant has also acquired the
valid title conveyed by the United States, a reconveyance of the land is
unnecessary, but a relinquishment, waiving all claim under the illegal
entry, is required, together with corroborative evidence of the facts,
preferably an abstract of title and a statement in full in support of
the claim for repayment.
43 CFR 1822.3-4 Repayment to heirs, executors, administrators.
(a) Where application is made by heirs, satisfactory proof of
heirship is required. This must be the best evidence that can be
obtained and must show that the parties applying are the heirs and the
only heirs of the deceased.
(b) Proof of heirship should be made in the form of a statement,
corroborated by two witnesses, setting forth the date of the death of
the intestate; whether the intestate left surviving a husband or wife,
as the case may be; the full name and age of such husband or wife; the
names and ages of all children; and also state whether there is any
issue of a deceased child or children. The statement should set forth
all the facts, in order that the Bureau of Land Management may determine
who are the legal heirs, in accordance with the laws of descent and
distribution of the State where the land is situated.
(c) In case there are minor heirs not under the guardianship of a
duly appointed guardian, and the amount to be repaid is $200 or less,
the surviving parent may execute the application as the natural guardian
of such heirs. Such application should be supplemented with a statement
setting forth all the facts in detail.
(d) Where application is made by executors, a certificate of
executorship from the probate court must accompany the application.
(e) Where application is made by administrators, the original, or a
certified copy, of the letters of administration must be furnished.
43 CFR 1822.3-5 Repayment to assignees.
(a) Those persons are assignees, within the meaning of the statutes
authorizing the repayment of purchase money, who purchase the land after
the entries thereof are completed and take assignments of the title
under such entries prior to complete cancellation thereof, when the
entries fail of confirmation for reasons contemplated by the law.
(b) Where applications are made by assignees, the applicants must
show their right to repayment by furnishing properly authenticated
abstracts of title, or the original deeds or instruments of assignment,
or certified copies thereof.
(c) In the place of an abstract of title the applicant may furnish a
certificate of the recording officer of the county in which the land is
situated, showing all alienations or liens affecting title to the land
in connection with the entry upon which the claim for repayment is
based.
(d) The applicants must also show that they have not been indemnified
by their grantors or assignors for the failure of title, and that title
has not been perfected in them by their grantors through other sources.
(e) Where there has been a conveyance of the land and the original
purchaser applies for repayment, he must show that he has indemnified
his assignee or perfected the title in him through another source, or
produce a full reconveyance to himself from the last grantee or
assignee.
(f) To construe said statutes so as to recognize the assignment or
transfer of the mere claim against the United States for repayment of
purchase money, or fees and commissions, disconnected from a sale of the
land or attempted transfer of title thereto, would be against the
settled policy of the Government and repugnant to section 3477 of the
Revised Statutes (31 U.S.C. 203). (2 Lawrence, First Comp. Dec. 264,
266, and 6 Dec. Comp. of the Treasury, 334, 359.)
(g) Assignees of land who purchase after entry are, in general,
deemed entitled to receive the repayment when the lands are found to
have been erroneously sold by the Government. But this rule does not
apply to the repayment of double-minimum excesses. (First Comp. Dec.
in case of Adrian B. Owens, Copp's Public Land Laws, 1890, vol. 2, p.
1238.)
43 CFR 1822.3-6 Repayment to mortgagees.
(a) Mortgagees are not assignees within the meaning of the repayment
laws, but may become such by pursuing the course suited to the
particular case as follows:
(1) Where, after date of entry and prior to cancellation thereof, the
land is mortaged and the mortgagee receives a sheriff's deed under
foreclosure proceedings, the mortgagee becomes an assignee. (See 193
U.S. 651, 58 L. ed. 830; 28 L.D. 201, 30 L.D. 136.)
(2) Where a mortgage is executed prior to the cancellation of an
entry, and a deed made to the mortgagee after such cancellation, the
holder of such deed becomes the assignee. (See 26 L.D. 425.)
(b) In either case, complete evidence must be furnished to establish
the applicant's right to repayment by producing the original deeds or
instruments, or certified copies thereof showing all transactions,
together with certified copies of the court proceedings.
43 CFR 1822.3-6 Subpart 1823 -- Proofs and Testimony
Authority: R.S. 2478, 43 U.S.C. 1201.
Source: 35 FR 9520, June 13, 1970, unless otherwise noted.
1823.1 Time and place; appearances.
43 CFR 1823.1-1 Time; place; continuance.
Final proofs should in every case be made at the time and place
advertised, and before the officer named in the notice, at his regularly
established office or place of business, and not elsewhere. Between the
hours of 8 a.m. and 6 p.m. on the day advertised the officer named in
the notice should call the case for hearing, and should the claimant
fail to appear with his witnesses between those hours, or the taking of
the proof fail to be completed on that day, the officer should continue
the case until the next day, and on that day or any succeeding day
should the claimant or his witnesses fail to so appear he should proceed
in like manner to continue the case from day to day until the expiration
of 10 days from the date advertised, but proof cannot be taken after the
expiration of the tenth day. Upon continuing any case in the manner
indicated the officer continuing the same should in the most effective
way available give notice of such continuance to all interested parties.
43 CFR 1823.1-2 Who may appear.
Protestants, adverse claimants, or other persons desiring to be
present at the taking of any proof for the purpose of cross-examining
the claimant and his witnesses, or to submit testimony in rebuttal,
should be allowed to appear for that purpose on the day advertised, or
upon any succeeding day to which the case may be continued. If any
person appears for the purpose of filing a formal protest against the
acceptance or approval of the proofs or contest against the entry and
does nothing more than file same, such protest or contest should be
received and forwarded to the manager for his consideration and action.
1823.2 Procedures.
43 CFR 1823.2-1 Examination of claimant and witnesses.
All final proofs should be reduced to writing by or in the presence
of and under the supervision of the officer taking them, and in all
cases where no representative of the Government appears for the purpose
of making cross-examinations the officer taking the proof should use his
utmost endeavor and diligence so to examine the entryman and his
witnesses as to obtain full, specific, and unevasive answers to all
questions propounded on the blank forms prescribed for the taking of
such proofs, and in addition to so doing he should make and reduce to
writing and forward to the authorized officer with the proof such other
and further rigid cross-examination as may be necessary clearly to
develop all pertinent and material facts affecting or showing the
validity of the entry, the entryman's compliance with the law, and the
credibility of the claimant and his witnesses. And, in addition to
this, he should inform the authorized officer of any facts not set out
in the testimony which in his judgment cast suspicion upon the good
faith of the applicant or the validity of the entry.
43 CFR 1823.2-2 Testimony to be taken separate and apart from and not
within the hearing of the others.
The testimony of each claimant should be taken separate and apart
from and not within the hearing of either of his witnesses, and the
testimony of each witness should be taken separate 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.
43 CFR 1823.2-3 Advice concerning laws and penalties for false
swearing.
Officers taking affidavits and testimony should call the attention of
parties and witnesses to the laws respecting false swearing and the
penalties therefor and inform them of the purpose of the Government to
hold all persons to a strict accountability for any statements made by
them.
43 CFR 1823.2-4 Fees; costs.
(a) Reducing testimony to writing. On all final proofs made before
the officer of the Bureau of Land Management authorized to take proofs,
the claimant must pay to the authorized officer the costs of reducing
the testimony to writing, as determined by the authorized officer. No
proof shall be accepted or approved until such payment has been made.
43 CFR 1823.3 Transmittal of proof papers.
The officer who has taken a proof should, after duly certifying the
papers, promptly transmit them to the authorized officer. In no case
should the transmittal thereof be left to the claimant.
43 CFR 1823.4 Proof on entries in more than one district.
(a) In submitting proof, the two entries should be treated as one,
and the published notice of intention should describe all the land and
specify in which land district each part of the claim is located. If
the notice is published correctly and the proof is satisfactory, the
authorized officer who issued the notice for publication will issue
final certificate for the portion within his land district on payment of
the testimony fees and payment of the commissions and (if required) the
purchase money due for the land in his district. He will then advise
the authorized officer of the district wherein the remainder of the
claim is located, who will, on receipt of the final commissions and
purchase money (if any) due for the part in his district, issue final
certificate for that portion without further proof.
(b) Should a proof be rejected by the office from which the notice of
intention is issued the appeal or further showing must be filed in the
office which rejected the proof.
1823.5 Conduct of officers.
43 CFR 1823.5-1 Prohibited activities.
No officer authorized to take final proofs shall, directly or
indirectly, either as agent, attorney, or otherwise, in any manner or by
any means cause, aid, encourage, induce, or assist any person wrongfully
or illegally to acquire, or attempt to acquire, any title to, interest
in, use of, or control over any public lands belonging to the United
States.
43 CFR 1823.5-1 Subpart 1824 -- Publication and Posting of Notices
Authority: 20 Stat. 472; 43 U.S.C. 251.
Source: 35 FR 9521, June 13, 1970, unless otherwise noted.
43 CFR 1824.0-1 Purpose.
The object of the law requiring publication of notices of intended
final proof on entries of public lands is to bring to the knowledge and
attention of all persons who are or who might be interested in the lands
described therein or who have information concerning the illegality or
invalidity of the asserted claims thereto, the fact that it is proposed
to establish and perfect such claims, to the end that they may interpose
any objection they may have, or communicate information possessed by
them to the officers of the Bureau of Land Management.
1824.1 Selection of newspaper.
43 CFR 1824.1-1 Qualifications of newspaper.
(a) A notice of intended final proof must be published in a newspaper
of established character and of general circulation in the vicinity of
the land affected thereby, such paper having a fixed and well-known
place of publication. No newspaper shall be deemed a qualified medium
of notice unless it shall have been continuously published during an
unbroken period of 6 months immediately preceding the publication of the
notice, nor unless it shall have applied for and been granted the
privilege of transportation in and by the United States mails at the
rate provided by law for second-class matter (39 CFR part 132).
43 CFR 1824.1-2 Discretionary authority of authorized officer;
limitations.
(a) The law invests authorized officers with discretion in the
selection of newspapers to be the media of notice in such cases as are
here referred to, but that discretion is official in character, and not
a purely personal and arbitrary power to be exercised without regard for
the object of the law by which it is conferred.
(b) In designating papers in which notices of intention to make final
proof under the Act of March 3, 1879 (20 Stat. 472; 43 U.S.C. 251)
shall be published, the authorized officer shall designate only such
reputable papers of general circulation nearest the land applied for,
the rates of which do not exceed the rates established by State laws for
the publication of legal notices.
43 CFR 1824.2 Payment for republication of notice.
(a) The law imposes upon managers the duty of procuring the
publication of proper final-proof notices, and charges the claimant with
no obligation in that behalf, except that he shall bear and pay the cost
of such publication.
(b) Neglect of the duty defined in paragraph (a) of this section,
resulting in a requirement of republication, should not visit its
penalty upon the claimant. In all such cases, therefore, the entire
cost of such republication shall be borne by the Government. If an
error is committed by the printer of the paper in which the notice
appears, the manager may require such printer to correct his error by
publishing the notice anew for the necessary length of time at his own
expense, and for his refusal to do so may decline to designate his said
paper as an agency of notice in cases thereafter arising.
43 CFR 1824.3 Frequency of publication.
(a) In many cases it is necessary to designate a daily paper in which
to publish the notices of intention to submit final proof required to be
given by homestead and desert land entrymen as well as the notices of
location of other claims.
(b) The expense of publishing such notices for the prescribed period
in every issue of a daily paper is often prohibitive, and the object of
publication of such notices can be accomplished by a less number of
insertions. Therefore, in all cases where the law does not specifically
otherwise direct, publication will be made as follows:
(1) Where publication is required for 30 days, if the authorized
officer designates a daily paper, the notice should be published in the
Wednesday issue for five consecutive weeks; if weekly, in five
consecutive issues, and if semiweekly, or triweekly, in any one of the
weekly issues for five consecutive weeks.
(2) Where publication is required for 60 days, except in mining
cases, if the authorized officer designates a daily paper the notice
should be published in the Wednesday issues for nine consecutive issues;
if weekly in nine consecutive issues; if semiweekly or triweekly in
any one of the weekly issues for nine consecutive weeks.
(c) Publication of notice in mining cases must be made in accordance
with 3862.4-1 of this chapter.
43 CFR 1824.3 Subpart 1825 -- Relinquishments
Authority: R.S. 2478; 43 U.S.C. 1201.
43 CFR 1825.1 When relinquished land becomes subject to further
appropriation.
(a) Upon the filing in the proper office of the relinquishment of a
homestead claim, the land, if otherwise available, will at once become
subject to further application or other appropriation in accordance with
the applicable public land laws. A provision to this effect is
contained in section 1 of the Act of May 14, 1880 (21 Stat. 140; 43
U.S.C. 202).
(b) Upon the filing of a relinquishment of an entry or claim (other
than a homestead claim), or a lease, the land will not become subject to
further application or other appropriation until the entry, claim or
lease has been canceled pursuant to the relinquishment and the fact of
the cancellation has been noted on the tract books in the proper office.
(35 FR 9521, June 13, 1970)
43 CFR 1825.2 Relinquishment of right-of-way.
The relinquishment of an approved right-of-way may be conditioned
upon the approval of a subsequent application, filed as an amendment to
the approved right-of-way, or as an independent application, but
conflicting in whole or in part with the approved right-of-way. Such a
relinquishment will not be accepted and noted on the proper office tract
books until action on the subsequent application is taken.
(35 FR 9521, June 13, 1970)
43 CFR 1825.2 Subpart 1826 -- Reinstatement of Canceled Entries
Authority: R.S. 2478; 43 U.S.C. 1201.
43 CFR 1826.1 Application for reinstatement.
(a) An application for the reinstatement of a canceled entry, while
pending, operates to reserve the land covered thereby from other
disposition.
(b) Applications for reinstatement of canceled entries must be filed
in the proper office and must be executed by the entryman, his heirs,
legal representatives, assigns, or transferees, as the case may require.
If made by other than the entryman, such petition for reinstatement
must fully set forth the nature and extent of petitioner's interest in
the land, how acquired, and the names and addresses of any other person
or persons who have or claim an interest therein. All petitions for
reinstatement should set forth all facts and state clearly and concisely
upon, what grounds reinstatement is urged. Such petition must be signed
by the applicant.
(c) Applications for reinstatement of canceled entries executed by
agents and attorneys will not be recognized.
(d) Should an application for reinstatement be filed not conforming
to the foregoing, the authorized officer will promptly advise the party
thereof, calling his attention to the defects and allow 15 days in which
to file a proper application.
(e) All applications must be accompanined by an application service
fee of $10 which is not returnable.
(35 FR 9521, June 13, 1970)
43 CFR 1826.1 PART 1840 -- APPEALS PROCEDURES
Authority: R.S. 2478, as amended; 43 U.S.C. 1201.
43 CFR 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)
43 CFR 1840.1 PART 1850 -- HEARINGS PROCEDURES
43 CFR 1840.1 Subpart 1850 -- Hearing Procedures; General
Authority: R.S. 2478, as amended; 43 U.S.C. 1201.
43 CFR 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)
43 CFR 1850.1 PART 1860 -- CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS
43 CFR 1850.1 Subpart 1862 -- Patent Preparation and Issuance
Sec.
1862.0-3 Authority.
1862.1 Contents.
1862.2 Delivery.
1862.3 Issuance of supplemental noncoal patents.
1862.4 Patent to be withheld pending report from Forest Service.
1862.5 Suits to vacate and annul patents.
1862.6 Patent to issue after 2 years from date of manager's final
receipt.
43 CFR 1850.1 Subpart 1863 -- Other Title Conveyances
1863.5 Title transfer to the Government.
1863.5-1 Evidence of title.
43 CFR 1850.1 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.
43 CFR 1850.1 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.
43 CFR 1850.1 Subpart 1862 -- Patent Preparation and Issuance
Authority: R.S. 2450, as amended; 43 U.S.C. 1161.
Source: 35 FR 9532, June 13, 1970, unless otherwise noted.
43 CFR 1862.0-3 Authority.
(a) Patents for all grants of land shall be issued under the
authority of the Director and signed in the name of the United States
(Act of June 17, 1948, 62 Stat. 476; 43 U.S.C. 15). The patents shall
be recorded in the Bureau of Land Management in books kept for that
purpose.
(b) Where a conveyance of land is made to the United States in
connection with an application for amendment of a patented entry or
entries, for an exchange of lands or for any other purpose except
exchange transactions involving lands under the jurisdiction of the
Secretary of Agriculture, and the application in connection with which
the conveyance was made is thereafter withdrawn or rejected, the
Director, Bureau of Land Management is authorized and directed by
section 6 of the Act of April 28, 1930 (46 Stat. 257; 43 U.S.C. 872),
if the deed of conveyance has been recorded, to execute a quit-claim
deed of the conveyed land to the party or parties entitled thereto.
43 CFR 1862.1 Contents.
(a) Patents for lands entered or located under general laws can be
issued only in the name of the party making the entry or location, or,
in case of his death before making proof, to the statutory successor
making the proof, provided by law.
(b) The recitals and description of land in patents will in all cases
follow the manager's certificate of entry or location, as prescribed by
law.
(c) The Bureau of Land Management will cause a new patent to be
issued whenever it appears that a patent was regularly issued and the
patent record on file in the Bureau of Land Management is imperfect in
that it does not contain the name, or the initials, of the signing and
the countersigning officers.
43 CFR 1862.2 Delivery.
(a) Issued on or after August 1, 1950. When a patent issued on or
after August 1, 1950, is ready for delivery it will be transmitted to
the patentee or his or her recognized agent or successor in interest.
43 CFR 1862.3 Issuance of supplemental noncoal patents.
(a) The Act of Congress approved April 14, 1914 (38 Stat. 335; 30
U.S.C. 82), authorized and directed the Secretary of the Interior:
In cases where patents for public lands have been issued to entrymen
under the provisions of the acts of Congress approved March third,
nineteen hundred and nine, and June twenty-second, nineteen hundred and
ten, reserving to the United States all coal deposits therein, and lands
so patented are subsequently classified as noncoal in character, to
issue new or supplemental patents without such reservation.
(b) The Act is construed to affect all filings, locations,
selections, or entries upon which patent or its equivalent had issued,
or might thereafter issue, containing a reservation of the coal in the
land to the United States under the Act of March 3, 1909 (35 Stat. 844;
30 U.S.C. 81), or the Act of June 22, 1910 (36 Stat. 583; 30 U.S.C.
83-85), such land having subsequently been finally classified as
non-coal character.
43 CFR 1862.4 Patent to be withheld pending report from Forest Service.
In no claim, mineral or non-mineral, shall patent issue for land
within a national forest until the Bureau of Land Management is notified
by, or ascertains from, the Forest Service, that the claim will not be
contested. A claim may be contested by the Forest Service at any time
prior to the issuance of patent.
43 CFR 1862.5 Suits to vacate and annul patents.
(a) Suits to vacate and annul patents shall only be brought within 6
years after the date of the issue of such patents (26 Stat. 1093; 43
U.S.C. 1166).
In cases of fraud, the statute has been construed not to commence to
run ''until discovery of the fraud.'' Exploration Co., Limited, et al.
v. United States (247 U.S. 435, 62 L. ed. 1200).
43 CFR 1862.6 Patent to issue after 2 years from date of manager's
final receipt.
(a) The decision of the Supreme Court of the United States in Thomas
J. Stockley et al., appellants, v. the United States, decided January
2, 1923 (260 U.S. 532, 67 L. ed. 390) holds that after the lapse of 2
years from the date of the issuance of the ''receiver's receipt''1 upon
the final entry of any tract of land under the homestead, or desert-land
laws, such entry, entitled to patent under the proviso to section 7 of
the Act of March 3, 1891 (26 Stat. 1098; 43 U.S.C. 1165), regardless of
whether or not the manager's final certificate has issued.
(b) The Supreme Court of the United States in Payne v. U.S. ex rel.
Newton (255 U.S. 438, 65 L. ed. 720), decided that Newton was entitled
to a patent on his homestead entry under the proviso to section 7 of the
Act of March 3, 1891, 2 years having elapsed from the date of the
issuance of the receiver's final receipt upon final entry, and there
being no contest or protest pending against the validity of the entry,
but stated that the purpose of the statute was:
To require that the right to a patent which for 2 years has been
evidenced by a receiver's receipt, and at the end of that period stands
unchallenged, shall be recognized and given effect by the issue of the
patent without further waiting or delay, and thus to transfer from the
land officers to the regular judicial tribunals the authority to deal
with any subsequent controversy over the validity of the entry, as would
be the case if the patent were issued in the absence of the statute.
Cross References: For mineral reservations, see subpart 2093 of this
chapter; for rights-of-way for roadways, see part 2800 of this chapter.
1The receipts formerly issued by the receivers are now issued by the
managers.
43 CFR 1862.6 Subpart 1863 -- Other Title Conveyances
Authority: R.S. 2478; 43 U.S.C. 1201.
1863.5 Title transfer to the Government.
43 CFR 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
3862.1-3 of this chapter.
43 CFR 1863.5-1 Subpart 1864 -- Recordable Disclaimers of Interest in
Land
Source: 49 FR 35297, Sept. 6, 1984, unless otherwise noted.
43 CFR 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.
43 CFR 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).
43 CFR 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.
43 CFR 1864.0-5 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) 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.
1864.1 Application for issuance of a document of disclaimer.
43 CFR 1864.1-1 Filing of application.
(a) Any present owner of record may file an application to have a
disclaimer of interest issued if there is reason to believe that a cloud
exists on the title to the lands as a result of a claim or potential
claim by the United States and that such lands are not subject to any
valid claim of the United States.
(b) Prior to the acceptance for filing of an application under this
subpart, the authorized officer should discuss the proposal with the
proposed applicant to determine if the regulations in this subpart
apply.
(c) An application shall be filed in writing with the proper Bureau
of Land Management office as listed in 1821.2-1(d) of this title.
43 CFR 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;
(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.
43 CFR 1864.1-3 Action on application.
(a) An application shall be denied by the authorized officer if:
(1) More than 12 years have elapsed since the owner knew or should
have known of the alleged claim attributed to the United States;
(2) The application pertains to a security interest or water rights;
or
(3) The application pertains to trust or restricted Indian lands;
(b) The authorized officer shall, if the application meets the
requirements for further processing, determine the amount of deposit
needed to cover the administrative costs of processing the application
and issuing a disclaimer.
(c) The applicant shall submit a deposit in an amount determined by
authorized officer.
(d) If the application is concerned with what may be omitted lands,
it shall be processed in accordance with the applicable provisions of
part 9180 of this title. If the application is determined by the
authorized officer to involve omitted lands, the applicant shall be so
notified in writing.
43 CFR 1864.1-4 Consultation with other Federal agencies.
If the lands included in the application are under the administrative
jurisdiction of a Federal agency other than the Department of the
Interior or if the issuance of a disclaimer for the lands would, to the
Bureau of Land Management's knowledge, directly affect another Federal
agency, the authorized officer shall refer the application to that
Federal agency for comment.
43 CFR 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 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.
43 CFR 1864.3 Issuance of document of disclaimer.
Upon receipt of the payment required by 1864.1-2(b), 1864.1-3(c)
and 1864.2 of this title and following, by not less than 90 days, the
publication required by 1864.2 of this title, the authorized officer
shall make a decision upon the application, and if the application is
allowed, shall issued to the applicant an instrument of disclaimer.
43 CFR 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.
43 CFR 1864.4 Subpart 1865 -- Correction of Conveyancing Documents
Source: 49 FR 35299, Sept. 6, 1984, unless otherwise noted.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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 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.
1865.1 Application for correction of conveyancing documents.
43 CFR 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 1821.2-1(d) of this title.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 1865.4 Appeals.
An applicant or claimant adversely affected by a decision of the
authorized officer made pursuant to the provisions of this subpart shall
have a right of appeal pursuant to 43 CFR part 4.
43 CFR 1865.4 PART 1870 -- ADJUDICATION PRINCIPLES AND PROCEDURES
43 CFR 1865.4 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.
43 CFR 1865.4 Subpart 1871 -- Principles
43 CFR 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.
1871.1 Equitable adjudication.
43 CFR 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.
43 CFR 1871.1-1 PART 1880 -- FINANCIAL ASSISTANCE, LOCAL GOVERNMENTS
43 CFR 1871.1-1 Subpart 1881 -- Payments in Lieu of Taxes
Sec.
1881.0-1 Purpose.
1881.0-3 Authority.
1881.0-5 Definitions.
1881.1 Procedures.
1881.1-1 Procedures, general.
1881.1-2 Procedures, Section 1 payments.
1881.1-3 Procedures, Section 3 payments.
1881.1-4 Procedures, absence of information.
1881.1-5 Requirement to report enactment of State distribution
legislation.
1881.2 Use of payments.
1881.3 Protests.
1881.4 Appeals.
43 CFR 1871.1-1 Subpart 1882 -- Mineral Development Impact Relief Loans
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.
43 CFR 1871.1-1 Subpart 1881 -- Payments in Lieu of Taxes
Authority: Pub. L. 94-565, 90 Stat. 2662, 31 U.S.C. 1601-1607.
Source: 42 FR 51580, Sept. 29, 1977, unless otherwise noted.
43 CFR 1881.0-1 Purpose.
The regulations establish procedures for making payments in lieu of
taxes to units of local government for certain Federal lands within
their boundaries.
43 CFR 1881.0-3 Authority.
The authority for these regulations is the Act of October 20, 1976,
31 U.S.C. 6901-6907, hereinafter referred to as the Act.
(42 FR 51580, Sept. 29, 1977, as amended at 50 FR 1305, Jan. 10,
1985)
43 CFR 1881.0-5 Definitions.
(a) A government, as that term is used by the Bureau of the Census
for general statistical purposes, is an organized entity having
substantial autonomy and whose officers are either popularly elected or
appointed by publicly elected officials. Other indicia of governmental
character include (1) a high degree of responsibility to the public for
performance of duties of a governmental nature, (2) power to levy taxes,
and (3) power to issue debt paying interest exempt from Federal
taxation.
(b)(1) Unit of general local government means a unit of that type of
government which, within its state, is the principal provider of
governmental services affecting the use of entitlement lands. Those
services of government include (but are not limited to) maintenance of
land records, police protection, fire protection, taxation, land use
planning, search and rescue and road construction. Ordinarily, a unit
of general government will be a county. However, where a smaller unit
of government is the principal provider of governmental services
affecting the use of public lands within a state, the smaller unit, even
though within a larger unit of government, will be considered a general
unit of government and will receive payments under the Act. These units
of general government will ordinarily be towns or townships within
states where county governments are nonexistent or nearly nonexistent.
The term unit of general government also includes:
(i) Governments with the functions of a unit of general local
government in that state combined with another type of government such
as city, township, parish, borough or county, e.g., a city and county as
in the City and County of Denver.
(ii) Cities located outside of any of the units of general local
government for that state and administering functions commonly performed
by those units of general local government.
(iii) Alaskan boroughs in existence on October 20, 1976, and,
beginning October 1, 1978, for purposes of payment under section 3 of
the Act, a unit of local government in Alaska located outside of
boundaries of an organized borough which acts as the collecting and
distributing agency for real property taxes.
(iv) The Governments of the District of Columbia, Puerto Rico, Guam
and the Virgin Islands.
(2) The term unit of general local government excludes single purpose
or special purpose units of local government such as school districts or
water districts.
(c) (1) Entitlement lands are lands owned by the United States which
are:
(i) Within the National Park System including wilderness areas;
(ii) Within the National Forest System including wilderness areas and
also including those areas of Superior National Forest, Minnesota, set
forth in 16 U.S.C. 577d and 577d-1 (1970);
(iii) Administered by the Secretary of the Interior through the
Bureau of Land Management;
(iv) Water resource projects administered by the Bureau of
Reclamation or Corps of Engineers;
(v) Dredge disposal areas administered by the Corps of Engineers;
(vi) Beginning October 1, 1978, lands on which are located semiactive
or inactive installations, not including industrial installations,
retained by the Army for mobilization purposes and for support of
reserve component training;
(vii) Beginning October 1, 1978, lands designated as reserve areas,
which means any area of land withdrawn from the public domain and
administered, either solely or primarily, by the Secretary through the
Fish and Wildlife Service. For the purpose of these regulations,
reserve areas also include lands in Hawaii, the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands, which were initially administered by
the United States through an act of Congress, Executive Order, Public
Land Order or Proclamation of the President and administered, either
solely or primarily, by the Secretary through the Service; or
(viii) Lands located in the vicinity of Purgatory River Canyon and
Pinon Canyon, Colorado, that were acquired by the United States after
December 23, 1981, to expand the Fort Carson military installation.
(2) Entitlement lands do not include:
(i) Lands that were owned or administered by a State or unit of local
government and which, at the time title was conveyed to the United
States, were exempt from payment of real estate taxes. However,
beginning October 1, 1978, this exclusion shall not apply to any
entitlement land which is or was acquired by a State or unit of local
government from private parties for the purpose of donation of such land
to the Federal Government and which is or was donated within eight years
of the date of acquisition thereof by the State or unit of local
government.
(ii) Any land for which any money was paid to a unit of local
government pursuant to the Act of August 28, 1937 (50 Stat. 875) or the
Act of May 24, 1939 (53 Stat. 753) in that fiscal year.
(d) Money transfers means money or cash payments received by units of
local government under the statutes in section 4 of the Act, 31 U.S.C.
1604. The term does not include payments made to a State and distributed
by the State directly to a school district or other single or special
purpose governmental entities, or payments distributed by the State to
the unit of local government which the unit of local government is
required by State law to pass on to a school district or other
independent single or special purpose governmental entity.
(e) Authorized officer means that official within the Bureau of Land
Management delegated the authority to carry out the provisions of the
Act.
(31 U.S.C. 1601-1607; 92 Stat. 1319, 1321-1322; 92 Stat. 171)
(42 FR 51580, Sept. 29, 1977, as amended at 45 FR 47619, July 15,
1980; 48 FR 42817, Sept. 20, 1983; 50 FR 1305, Jan. 10, 1985)
1881.1 Procedures.
43 CFR 1881.1-1 Procedures, general.
(a) The minimum payment shall be $100 to any one unit of local
government under both sections 1 and 3 of the Act, in aggregate.
(b) If money actually appropriated by Congress for distribution
during any fiscal year is insufficient to provide full payment to each
unit of local government, all payments due to eligible recipients in
that fiscal year shall be reduced proportionally, to the extent
determined necessary by the authorized officer.
43 CFR 1881.1-2 Procedures, Section 1 payments.
(a) The authorized officer shall determine which governments are
units of general local government eligible to receive payments under
section 1 of the Act in accordance with section 6(c) of the Act and the
definitions in 1881.0-5 of these regulations. In resolving questions
about the eligibility of any unit of general local government and the
status of entitlement lands, the authorized officer may consult with the
Bureau of the Census, officials of the appropriate State and local
government, and officials of the agency administering the entitlement
lands.
(b) In order to determine which units of local government are
entitled to receive payments under the act, the authorized officer shall
obtain the data necessary for making computations pursuant to the
formula in section 2 of the Act as follows:
(1) The amount of entitlement lands within the boundaries of each
unit of local government as of the last day of the fiscal year preceding
the fiscal year for which the payment is to be made and the amount of
payments made directly to those governments pursuant to the laws listed
in section 4 of the Act shall be obtained from the administering Federal
agencies;
(2) The amount of money transfers made by the State to eligible units
of local government pursuant to the laws listed in section 4 of the Act
shall be obtained from the Governor or his designated officials;
(3) The population of each unit of local government shall be obtained
from current Bureau of the Census statistics.
(c) The authorized officer shall compute and certify the amount of
payment to be made each unit of local government based on (1) the
formula and limitations set forth in section 2 of the Act and (2) the
amount of actual appropriations.
(d) No computation will be certified by the authorized officer for
payment until the Governor of the State in which the unit of local
government is located or his delegate has provided the authorized
officer with:
(1) A statement of the amount of all money transfers received during
the previous fiscal year1 by each entitled unit of local government from
the State from revenues derived under those laws listed in section 4 of
the Act; and
(2) A written certification by a State Auditor, an independent
Certified Public Accountant or an independent public accountant,
licensed on or before December 31, 1970, that the statements furnished
by the Governor or his delegate have been audited in accordance with
auditing standards established by the Comptroller General of the United
States in Standards for Audit of Governmental Organizations, Programs,
Activities and Functions, available through Superintendent of Documents,
U.S. Government Printing Office, Washington, D.C. 20402, and in
accordance with the audit guide for payments in lieu of taxes issued by
the Department of the Interior. Such audit certifications will be
required for statements submitted for the computation of payments
authorized by section 1 of the Act for:
(i) Payments to be made for fiscal years beginning on or after
October 1, 1979; and
(ii) Prior fiscal year payments as may be required by the Office of
the Inspector General, Department of the Interior.
The Authorized Officer may waive the requirement for audit
certifications where information contained in statements furnished by
the Governor or his delegate is verified by the General Accounting
Office, the Office of the Inspector General, or other qualified Federal
Officials, or where such verification is determined to be unnecessary.
(e) The Office of the Inspector General, U.S. Department of the
Interior, will provide appropriate assistance to the Director, Bureau of
Land Management to facilitate the implementation and administration of
the audit requirements specified in paragraph (d)(2) of this section
pursuant to the provisions of sections 4 and 6 of the Inspector General
Act of 1978 (92 Stat. 1102-1103, and 1104-1105). The Office of the
Inspector General will develop appropriate audit guides to be used by
State auditors, independent Certified Public Accountants or an
independent public accountant, licensed on or before December 31, 1970,
for auditing the statements of the Governors or their delegates and
submitting audit certifications specified in paragraph (d)(2) of this
section. Copies of the audit guides will be furnished to the Governor
or his delegate each year. Questions pertaining to the use or
application of this guide should be referred to the Office of Inspector
General, U.S. Department of the Interior, Washington, D.C. 20240.
(f) If a unit of general local government eligible for payments under
this part reorganizes, the authorized officer shall, for the fiscal year
in which the reorganization occurred, calculate payments as if the
reorganization had not occurred and issue any payments due under this
part jointly to all of the newly formed units of general government.
(31 U.S.C. 1601-1607, (92 Stat. 1319, 1321-1322), (92 Stat. 171))
(42 FR 51580, Sept. 29, 1977, as amended at 45 FR 47619, July 15,
1980; 50 FR 1305, Jan. 10, 1985)
1For fiscal year 1977, the transition quarter, July 1, 1976 to
September 30, 1976, shall be excluded.
43 CFR 1881.1-3 Procedures, Section 3 payments.
(a) The authorized officer shall make payments to qualified units of
local government under section 3 of the Act, provided that the
administering agencies supply information as follows:
(1) Acreage or interests in land for which payments are authorized
within the boundaries of each qualified unit of local government; and
(2) Such other information as may be required to certify payments to
qualified units of local government.
(b) Counties receiving payments in excess of $100 shall distribute
those payments to affected units of local government and affected school
districts, in accordance with section 3 of the Act, within 90 days of
the receipt of such payment. Distribution shall be in proportion to the
tax revenues assessed and levied by the affected units of local
government and school districts in the Federal fiscal year prior to
acquisition of the entitlement lands by the Federal Government. The
Redwoods Community College District in California shall be considered an
affected school district.
(c) A certification by the county involved that appropriate
distribution of funds has been made shall be submitted to the authorized
officer within 120 days after the date that payments are received.
(d) In accordance with 106(c) of the Act of March 27, 1978 (92 Stat.
171), payment of the difference, if any, between the amounts actually
paid during each of the five fiscal years immediately following the
fiscal year in which lands or interests therein were acquired for
addition to the Redwoods National Park pursuant to said Act of March 27,
1978, and lands acquired in the Lake Tahoe Basin under the Act of
December 23, 1980 (Pub. L. 96-586), and 1% of the fair market value of
such lands and interests therein at the time of their acquisition shall
be deferred, unless the amount not paid, or any part of such amount, was
not paid due to an insufficiency of appropriated funds, commencing with
the sixth fiscal year following acquisition, the amount deferred shall
be paid to eligible counties annually in amounts that reflect the
limitations of section 3(c)(2) of the Act. Such payments shall be made
until the total amount deferred during the first five years has been
paid.
(31 U.S.C. 1601-1607, (92 Stat. 1319, 1321-1322), (92 Stat. 171))
(42 FR 51580, Sept. 29, 1977, as amended at 45 FR 47619, July 15,
1980; 50 FR 1305, Jan. 10, 1985)
43 CFR 1881.1-4 Procedures, absence of information.
The authorized officer shall certify payments under the Act only to
the extent sufficient data is available to determine the amount due the
qualified units of local government.
43 CFR 1881.1-5 Requirement to report enactment of State distribution
legislation.
(a) Section 6907 of the Act provides that a single payment may be
made to a State for reallocation and redistribution to units of general
local government other than the principal provider of services as
determined by the Secretary. If the State decides to avail itself of
this provision, it shall comply with the following conditions:
(1) The State shall notify the authorized officer that it has enacted
legislation that conforms to section 6907 of the Act and within 60 days
of its enactment, provide the authorized officer with a copy of the
legislation and the name and address of the State office to which
payment is to be made.
(2) The State legislation shall conform to the requirements of the
Act, particularly section 6907(a).
(b) If the authorized officer finds that a State's legislation
complies with the conditions set forth in paragraph (a) of this section,
he/she shall notify the State that a single payment will be made to the
designated State government office beginning with the Federal fiscal
year following the fiscal year in which the conforming legislation was
approved by the authorized officer. The authorized officer shall
provide the State with appropriate information that identifies the
entitlement lands data on which the payments are based.
(c)(1) If a State that has enacted conforming legislation as
described in paragraphs (a) and (b) of this section later repeals or
amends that legislation, the State shall immediately notify the
authorized officer of such change(s), in writing, and shall furnish the
authorized officer a copy of the legislation.
(2) If a State's conforming legislation is repealed or if the
authorized officer finds from a review of the legislation that it is so
altered as a result of amendments that it no longer complies with the
conditions stated in paragraph (a) of this section, he/she shall notify
the State office designated under paragraph (a)(1) of this section that
payment shall be made directly to eligible units of local government.
These payments shall begin with the Federal fiscal year in which a copy
of the State's legislation repealing or amending the State's conforming
legislation is received by the authorized officer. However, if a copy
of the State's repealing or amending legislation is received after July
1, payments made directly to eligible units of local government shall
not begin until the subsequent Federal fiscal year.
(50 FR 1305, Jan. 10, 1985)
43 CFR 1881.2 Use of payments.
The monies paid to entitled units or local government may be used for
any governmental purpose, except as noted in 1881.1-3(b) of this part.
43 CFR 1881.3 Protests.
(a) Computation of payments shall be based upon Federal land records,
population data from the Bureau of the Census, payments made to units of
local government through State government under the laws listed in
section 4 of the Act as reported by State Governors, Federal payments
made directly to units of local government under the laws listed in
section 4 of the Act as reported by the disbursing Federal agency.
(b) Any affected unit of local government may protest the results of
the computations of its payment to the authorized officer.
(c) Any protesting unit of local government shall submit sufficient
evidence to show error in the computations or the data on which the
computations are based.
(d) All protests to the authorized officer shall be filed by the
first business day of the calendar year following the end of the fiscal
year for which the payments were made.
(e) The authorized officer shall consult with the affected unit of
local government and the administering agency to resolve conflicts in
land records and other data sources.
43 CFR 1881.4 Appeals.
Any affected unit of local government whose protest has been rejected
by the authorized officer may appeal to the Interior Board of Land
Appeals pursuant to the provisions of 43 CFR part 4.
43 CFR 1881.4 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.
43 CFR 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 and Management Act to make loans to qualified States and their
political subdivisions.
43 CFR 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.
43 CFR 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.).
43 CFR 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).
43 CFR 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.
43 CFR 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.
43 CFR 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 be granted
unless such additional information is timely received by the Director.
43 CFR 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.
1882.5 Terms and conditions.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 1882.7 SUBCHAPTER B -- LAND RESOURCE MANAGEMENT (2000)
43 CFR 1882.7 Group 2000 -- Land Resource Management; General
43 CFR 1882.7 PART 2070 -- DESIGNATION OF AREAS AND SITES
43 CFR 1882.7 Subpart 2070 -- Designation of Areas and Sites
Sec.
2070.0-1 Purpose.
2070.0-2 Objective.
2070.0-3 Authority.
2070.0-5 Definitions.
43 CFR 1882.7 Subpart 2071 -- Type and Effect of Designations
2071.1 Areas or sites that may be designated.
2071.2 Standards for names.
2071.3 Standards for identification.
2071.4 Effect of designations.
43 CFR 1882.7 Subpart 2072 -- Procedures
2072.1 Procedure for designating areas and sites.
Authority: Sec. 1(b)(1), 78 Stat. 986, R.S. 2478, as amended; 43
U.S.C. 1411, 1201.
Source: 35 FR 9533, June 13, 1970, unless otherwise noted.
43 CFR 1882.7 Subpart 2070 -- Designation of Areas and Sites
43 CFR 2070.0-1 Purpose.
This subpart defines the circumstances and procedures under which
specific areas of public and other Federal lands exclusively
administered by the Secretary of the Interior through the Bureau of Land
Management may be designated and identified.
43 CFR 2070.0-2 Objective.
The objective is to provide guidelines for the designation and
identification of such areas, and to specify the nature and effect of
such designations.
43 CFR 2070.0-3 Authority.
(a) Section 1(b)(1) of the Classification and Multiple Use Act of
September 19, 1964 (78 Stat. 986, 43 U.S.C. 1411) provides that none of
the public or other Federal lands exclusively administered by the
Secretary of the Interior through the Bureau of Land Management shall be
given a designation or classification unless such designation or
classification is authorized by statute or defined in regulations
promulgated by the Secretary of the Interior. Classifications are
described in Group 2400 of this chapter.
(b) Section 2478 of the Revised Statutes, as amended (43 U.S.C.
1201), authorizes the Secretary of the Interior to enforce and carry
into execution, by appropriate regulation, every part of the provisions
of the public land laws not otherwise specially provided for.
43 CFR 2070.0-5 Definitions.
(a) Designation refers to the official identification and naming of a
general area or site on public land or other Federal land exclusively
administered by the Secretary through the Bureau of Land Management.
(b) (Reserved)
43 CFR 2070.0-5 Subpart 2071 -- Type and Effect of Designations
43 CFR 2071.1 Areas or sites that may be designated.
(a) No lands may be designated under the regulations in this subpart
unless they are either (1) classified for retention for multiple use
management under the regulations and criteria in Group 2400 of this
chapter, or (2) withdrawn or reserved under the regulations in Group
2300 of this chapter or other appropriate authority, or (3) given
special status by act of Congress such as the revested Oregon and
California Railroad and reconveyed Coos Bay Wagon Road grant lands or
lands acquired under the Bankhead-Jones Act and transferred to the
Bureau of Land Management for administration.
(b) The following types of areas and sites may be designated under
the regulations in this subpart:
(1) Recreation lands. A tract of land usually several thousand acres
in size where recreation is or is expected to be a major use, and
designation will assist the public by making the areas known to them.
Some examples of areas which may be designated as recreation lands
follow: Scenic areas of natural beauty such as waterfalls; habitat of
interesting, rare or unusual plants or animals; gorges; natural lakes;
geological areas of outstanding structural or historical features of
the earth's development such as caves, glaciers and other phenomena;
roadless areas in which the primitive environment is preserved,
sometimes referred to as wilderness, wild, primitive, roadless or virgin
areas. Recreation lands will contain one or more of the six classes
adopted by the Bureau of Outdoor Recreation. These classes will be
identified and described at the time an area is designated. These lands
may be defined briefly as follows:
(i) Class I -- High-density recreation areas: Areas intensively
developed and managed for mass use.
(ii) Class II -- General outdoor recreation areas: Areas subject to
substantial development for a wide variety of specific recreation uses.
(iii) Class III -- Natural environment areas: Varied and interesting
land forms, lakes, streams, flora, and fauna within attractive natural
settings suitable for recreation in a natural environment and usually in
combination with other uses.
(iv) Class IV -- Outstanding natural areas: Areas of outstanding
scenic splendor, natural wonder, or scientific importance that merit
special attention and care in management to insure their preservation in
their natural condition. These usually are relatively undisturbed,
representative of rare botanical, geological, or zoological
characteristics of principal interest for scientific and research
purposes.
(v) Class V -- Primitive areas: Extensive natural, wild, and
undeveloped areas and settings essentially removed from the effects of
civilization. Essential characteristics are that the natural
environment has not been disturbed by commercial utilization and that
the areas are without mechanized transportation.
(vi) Class VI -- Historic and cultural sites: Sites of major
historical or cultural significance, either national, regional, or
local. These are usually small tracts of lands containing significant
evidence of American history, such as battlegrounds, mining camps,
cemeteries, pioneer trails, and trading posts; or lands which contain
significant evidence of prehistoric life such as pictographs,
petroglyphs, burial grounds, prehistoric structures, middens, fossils,
paleontological remains, and any other evidences of prehistoric life
forms.
(2) Recreation sites. These are relatively small tracts of land
which have value for concentrated and intensive recreation use that
usually requires construction and maintenance of public facilities.
Recreation sites will contain Class I, II, III, or VI recreation lands
under the Bureau of Outdoor Recreation classification system described
in paragraph (b)(1) of this section.
(3) Resource conservation areas. These are relatively small areas of
land which include a variety of resource management activities
demonstrating multiple use and sustained yield conservation in action.
(4) Natural resources experiment and research areas. These are
relatively small areas of land which are used for research or
experimental purposes.
(5) National resource lands. These are relatively large areas of
land, generally more than half of which is managed by the Bureau of Land
Management under principles of multiple-use and sustained yield of the
several products and services obtainable therefrom, as defined and
prescribed in the Classification and Multiple-Use Act of September 19,
1964 (43 U.S.C. 1411-18 (1964)).
(c) The provisions of this part do not apply to designation of areas
and trails made pursuant to part 6290 of this chapter.
(35 FR 9534, June 13, 1970, as amended at 39 FR 13613, Apr. 15, 1974)
43 CFR 2071.2 Standards for names.
(a) To the fullest extent possible, standards established by the
Board on Geographic Names will be followed in naming special management
areas.
(b) First preference will generally be given to a geographic feature
within the site or area if the feature significantly affects the
utilization of the natural resources of the area.
(c) No site or area will be named after a living person. An area may
be named after a deceased person if that person made a personal
contribution to the utilization or management of the natural resources
in the area.
(d) For public identification purposes names of sites and areas
designated in accordance with the regulations in this subpart shall be
brief and descriptive.
43 CFR 2071.3 Standards for identification.
Lands designated in accordance with the regulations in this subpart
may be --
(a) Posted by means of entrance and boundary signs sufficient to make
the lands and the reason for posting known on the ground.
(b) Identified on maps or diagrams sufficient to make the existence
and locations known to the general public.
43 CFR 2071.4 Effect of designations.
(a) Designation under this section will have no effect upon
established use or management of the areas or sites involved.
(b) If changes in the status of the land or use arrangements are
desired, such changes must be accomplished by --
(1) Segregation under the Classification and Multiple Use Act
regulations in Group 2400 of this chapter:
(2) Withdrawal or reservation under regulations in Group 2300 of this
chapter or other appropriate authority;
(3) Modification of existing use arrangements, to the extent
authorized by existing authority and regulations, such as subchapter D
-- Range Management (4000) of this chapter for livestock grazing.
43 CFR 2071.4 Subpart 2072 -- Procedures
43 CFR 2072.1 Procedure for designating areas and sites.
The sites and areas defined under 2071.1 may be designated, named,
and posted by the authorized officer, after consultation and
coordination with the authorized users and any other parties,
organizations, and units of government which may have an interest in
such action.
43 CFR 2072.1 PART 2090 -- SPECIAL LAWS AND RULES
43 CFR 2072.1 Pt. 2090
43 CFR 2072.1 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 the filing of an
application or offer.
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.
2091.9 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.
43 CFR 2072.1 Subpart 2093 -- Minerals (Nonmineral Entries on Mineral
Lands)
2093.0-3 Authority.
2093.0-5 Definitions.
2093.0-6 Notations required.
2093.0-7 Compensation for damages.
2093.1 Surface rights of nonmineral entrymen.
2093.1-1 Act of March 3, 1909.
2093.1-2 Election to take patent with reservation to United States of
the coal deposits.
2093.1-3 Procedures.
2093.2 Agricultural entries on coal lands.
2093.2-1 Acts of June 22, 1910, and April 30, 1912.
2093.2-2 Land on which entries may be made.
2093.2-3 Procedures.
2093.2-4 Patent with reservation of coal deposits; disposal of coal
deposits.
2093.3 Agriculture entry of lands withdrawn, classified or valuable
for minerals.
2093.3-1 Acts of July 17, 1914, and March 4, 1933.
2093.3-2 Lands to which applicable.
2093.3-3 Procedures.
2093.3-4 Patents.
2093.3-5 Disposition of reserved deposits; protection of surface
claimant.
2093.4 Entries on coal, oil, and gas lands in Alaska.
2093.4-1 Acts of March 8, 1922, and May 17, 1906, as amended.
2093.4-2 Rights of prior mineral permittees or lessees.
2093.4-3 Obligations of subsequent mineral permittees or lessees.
2093.5 Disposition of minerals reserved to the U.S. Government.
2093.5-1 Act of December 29, 1916.
43 CFR 2072.1 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: R.S. 2478 (43 U.S.C. 1201); R.S. 2275, 2276 (43 U.S.C.
851, 852); 43 U.S.C. 869 et seq. ; 43 U.S.C. 641 et seq. ; 43 U.S.C.
321-323; 43 U.S.C. 231, 321, 323, 327-329; 25 U.S.C. 334; 25 U.S.C.
336; 16 U.S.C. 485; 72 Stat. 339-340; 43 U.S.C. 852 note; 16 U.S.C.
818; 43 U.S.C. 315f; 43 U.S.C. 1601 et seq. ; 16 U.S.C. 3101 et seq.
; 43 U.S.C. 1701 et seq. ; 30 U.S.C. 189; 48 U.S.C. 462 note, unless
otherwise noted.
43 CFR 2072.1 Subpart 2091 -- Segregation and Opening of Lands
Source: 52 FR 12175, Apr. 15, 1987, unless otherwise noted.
43 CFR 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.
43 CFR 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 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 (43 U.S.C. 1701 et seq.).
43 CFR 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.
43 CFR 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
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.
43 CFR 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.
2091.2 Segregation and opening resulting from publication of a
Notice of Realty Action.
43 CFR 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); and
(c) The exchange provisions of section 206 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1716) for a period of 2 years (See
part 2200).
43 CFR 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 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
(3) Upon issuance of a patent or other document of conveyance;
whichever occurs first.
(b) Lands conveyed under either the Recreation and Public Purposes
Act or sections 203 and 206 of the Federal Land Policy and Management
Act, upon opening, remain segregated from the mining laws pending the
issuance of such regulations as the Secretary may prescribe.
(c) Lands conveyed to the United States by exchange become public
lands upon acceptance of title by the United States and become open to
the operation of some or all of the public land laws, to the extent and
on the date and time set forth in an opening order published in the
Federal Register.
2091.3 Segregation and opening resulting from the filing of an
application or offer.
43 CFR 2091.3-1 Segregation.
(a) 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)
(b) The filing of a notice of an offer for exchange of lands within
the National Forest System segregates the lands for a period of 2 years
from the date of such filing with the authorized office. (See
2202.1(b))
(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)
(52 FR 12175, Apr. 15, 1987; 52 FR 13563, Apr. 23, 1987)
43 CFR 2091.3-2 Opening.
(a) If the application or offer described in 2091.3-1 of this title
is not denied or otherwise terminated prior to the end of the 2-year
segregative period, the segregative effect of the filing of the
application or offer terminates either:
(1) Upon the issuance of a patent, other document of conveyance or
lease to such lands; or
(2) Upon publication in the Federal Register of an opening order
terminating the segregative effect and specifying the date and time of
opening; or
(3) Automatically upon the expiration of the 2-year period commencing
on the date the application or offer is filed; whichever occurs first.
(b) If the application or offer described in 2091.3-1 of this title
is denied or otherwise terminated prior to the end of the 2-year
segregation period, the lands are opened by publication in the Federal
Register of an opening order specifying the date and time of opening.
(c) Lands conveyed to the United States within the National Forest
System under the authority of the Act of March 20, 1922, as amended (16
U.S.C. 485), or the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) are open to operation of all laws and regulations
applicable to National Forest System lands on the date the lands are
transferred to the National Forest System; and the public lands, as
applicable, on the date of publication of a notice of availability.
2091.4 Segregation and opening resulting from the allowance of
entries, leases, grants or contracts.
43 CFR 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).
43 CFR 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).
43 CFR 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).
(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.
2091.5 Withdrawals.
43 CFR 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.
43 CFR 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 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 2091.5-1 of this title.
(b) Segregations resulting from applications filed under this section
terminate in accordance with procedures in 2091.5-1 of this title.
43 CFR 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
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.
43 CFR 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 Register of an opening order
specifying the extent, date and time of opening.
43 CFR 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.
43 CFR 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.
43 CFR 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.)
2091.7 Segregation and opening of lands classified for a specific
use.
43 CFR 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
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 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)
43 CFR 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,
2091.9 Segregation and opening resulting from laws specific to
Alaska.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 2091.9-3 Subpart 2093 -- Minerals (Nonmineral Entries on Mineral
Lands)
Authority: R.S. 2478; sec. 32, 41 Stat. 450; 43 U.S.C. 1201, 30
U.S.C. 189.
Source: 35 FR 9536, June 13, 1970, unless otherwise noted.
43 CFR 2093.0-3 Authority.
(a) Section 29 of the Mineral Leasing Act of February 25, 1920 (41
Stat. 449; 30 U.S.C. 186) and the Act of March 4, 1933 (47 Stat. 1570;
30 U.S.C. 124) grant the Secretary of the Interior complete discretion
to determine whether the surface of public lands embraced in mineral
permits or 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, should be disposed
of. Accordingly, where a nonmineral application is filed, in the
continental United States, for any of such described lands, the
nonmineral application may be allowed only if it is determined by the
proper officer, with the concurrence of the Director, Geological Survey,
that the disposal of the lands under the nonmineral application will not
unreasonably interfere with current or contemplated operations under the
Mineral Leasing Acts. Appeals from any decision of the Director, Bureau
of Land Management, or other officer, may be taken by any affected party
in accordance with parts 1840 and 1850 of this chapter.
43 CFR 2093.0-5 Definitions.
As used in 2093.0-3 to 2093.0-7 inclusive, a mineral claim is prior
where an application for a mineral permit or lease has been filed before
either the filing of a complete nonmineral application for part or all
of the same land, or before the classification of that land for the
purposes requested by that nonmineral applicant: Provided, That the
nonmineral application is not either for:
(a) A State exchange under section 8 of the Taylor Grazing Act (48
Stat. 1269; 43 U.S.C. 315g), as amended, filed prior to such mineral
claim; or
(b) A reclamation homestead under the Reclamation Act of June 17,
1902 (32 Stat. 388, 43 U.S.C. 372 et seq.) for lands applied for by a
mineral claimant under the Leasing Act after withdrawal for reclamation
purposes.
43 CFR 2093.0-6 Notations required.
(a) On notice of allowance. Whenever the mineral claim is prior, the
following notation will be made in the notice of allowance of the
nonmineral application, as well as on the original copy of that
nonmineral application:
This land is subject to the right of any prior mineral permittee or
lessee, or of any prior applicant for a mineral permit or lease, to
occupy and use so much of the surface of the lands as may be reasonably
required for mineral leasing operations, without liability to the
nonmineral entryman or patentee for crop and improvement damages
resulting from such mineral activity.
(b) On final certificate. (1) Whenever a nonmineral application,
which is affected by the notation described in paragraph (a) of this
section, proceeds to issuance of patent, and at the time of such
issuance there is outstanding a mineral lease, permit, or application
therefor, based on a prior, mineral claim, such final certificate and
patent will indicate that they are subject to the Act of March 4, 1933
(47 Stat. 1570; 30 U.S.C. 124).
(2) Such final certificate and patent will indicate that they are
also subject to the provisions and limitations of section 29, Act of
February 25, 1920 (41 Stat. 449; 30 U.S.C. 186), if, when the final
certificate or patent issues, there is outstanding a mineral lease or
permit based on a prior mineral claim.
43 CFR 2093.0-7 Compensation for damages.
In any case where there is no prior mineral claim, any person
obtaining authority to prospect for, mine or remove the reserved mineral
deposits will be liable to the entryman, selector or patentee of the
surface for any damages to crops or improvements which may result from
his prospecting or mining operations on the land.
2093.1 Surface rights of nonmineral entrymen.
43 CFR 2093.1-1 Act of March 3, 1909.
(a) The Act of March 3, 1909 (35 Stat. 844; 30 U.S.C. 81) protects
persons who in good faith, have located, selected, or entered, under
nonmineral laws, public lands which are, after such location, selection,
or entry, classified, claimed, or reported as being valuable for coal by
providing a means whereby such persons may at their election, retain the
lands located, selected, or entered, subject to the right of the
Government to the coal therein.
(b) (Reserved)
43 CFR 2093.1-2 Election to take patent with reservation to United
States of the coal deposits.
All persons who, in good faith, locate, select, or enter, under the
nonmineral laws, lands which are, subsequently to the date of such
location, selection, or entry, classified, claimed, or reported as being
valuable for coal, may elect, upon making satisfactory proof of
compliance with the laws under which they claim, to receive patents upon
their location, selection, or entry, as the case may be, such patents to
contain a reservation to the United States of all coal in the lands and
the right of the United States, or anyone authorized by it, to prospect
for, mine, and remove the coal in accordance with the conditions and
limitations imposed by the act; or may decline to elect to receive
patent with such reservation, in which event proceedings shall be had as
provided for in 2093.1-3 (a) and (b).
43 CFR 2093.1-3 Procedures.
(a) Where final proof has not been submitted. (1) Authorized
officers will promptly advise each nonmineral claimant to land which,
subsequent to location, selection, or entry, has been classified,
claimed, or reported as being valuable for coal, that at the time of
applying for notice of intention to submit final proof he must, in
writing, state whether he elects to receive a patent containing the
reservation prescribed by the Act of March 3, 1909.
(2) In the event of election to receive such a patent, no further
inquiry will be necessary respecting the coal character of the land.
(3) In the event the claimant declines to elect to receive such
patent, evidence will be received at the time of making final proof for
the purpose of determining whether the lands are chiefly valuable for
coal; and the entryman, locator, or selector will be entitled to a
patent without reservation, unless it shall be shown that the land is
chiefly valuable for coal.
(4) The claimant may, after determination at final proof that the
lands are chiefly valuable for coal, elect to receive patent with the
statutory reservation, provided, of course, proof of compliance with the
law in other respects is satisfactory.
(b) When final proof has been submitted. Where satisfactory final
proof has been made for lands entered under the nonmineral laws, the
claimant will be entitled to a patent without reservation, except in
those cases where the Government is in possession of sufficient evidence
to justify the belief that the land is, and was before making final
proof, known to be chiefly valuable for coal, in which case hearing will
be ordered. If, at said hearing, it is proven that the land is chiefly
valuable for coal, the entry shall be canceled, unless the claimant
shall prove that he was at the time of the initiation of his claim in
good faith endeavoring to secure the land under the nonmineral laws, and
not because of its coal character, in which event he shall be permitted
to elect to receive patent with the reservations prescribed in the
statute. If it is not shown that the land is chiefly valuable for coal,
the claimant shall be entitled to patent without reservation.
2093.2 Agricultural entries on coal lands.
43 CFR 2093.2-1 Acts of June 22, 1910, and April 30, 1912.
(a) Section 1 of the Act of June 22, 1910 (36 Stat. 583; 30 U.S.C.
83), provides that the unreserved public lands of the United States,
exclusive of Alaska, which have been withdrawn or classified as coal
lands, or are valuable for coal, shall be subject to appropriate entry
under the homestead laws, the desert land law, and to withdrawal under
the Act approved June 17, 1902 (32 Stat. 388; 43 U.S.C. 372 et seq.),
known as the Reclamation Act, whenever such entries, selections, or
withdrawals shall be made with a view of obtaining or passing title,
with a reservation to the United States of the coal in such lands and of
the right to prospect for, mine, and remove the same; and that all
homestead entries made thereunder shall be subject to the conditions, as
to residence and cultivation, of entries provided for under the Act
approved February 19, 1909 (35 Stat. 639; 43 U.S.C. 218), entitled ''An
act to provide for an enlarged homestead.'' The Act of February 19,
1909, was amended by the Act of June 6, 1912 (37 Stat. 123; 43 U.S.C.
164, 169, 218).
(b) Section 2 of the Act (36 Stat. 584; 30 U.S.C. 84) provides that
any person desiring to make entry under the homestead laws or the
desert-land law, and the Secretary of the Interior in withdrawing under
the Reclamation Act lands classified as coal lands, or valuable for
coal, with a view to securing or passing title to the same in accordance
with the provisions of said acts, shall state in the application for
entry, selection, or notice of withdrawal that the same is made in
accordance with and subject to the provisions of this act.
(c) The Act of April 30, 1912 (37 Stat. 105; 30 U.S.C. 90)
authorizes the selection of unreserved public lands of the United
States, exclusive of Alaska, which have been withdrawn or classified as
coal lands, or are valuable for coal, by the several states within whose
limits the lands are situated, under grants made by Congress, and the
offering at public sale, in the discretion of the Secretary of the
Interior, of isolated or disconnected tracts of coal lands, which are so
withdrawn, classified or valuable, with a reservation of the coal
deposits to the United States and otherwise subject to all the
conditions and limitations of the Act of June 22, 1910.
Cross Reference: See parts 2510, 2520, and 2620 for additional
information on this subject.
43 CFR 2093.2-2 Lands on which entries may be made.
(a) The Act of June 22, 1910 applies to unreserved public lands in
the United States, exclusive of the State of Alaska, which have been
withdrawn as coal lands and not released therefrom, or which have been
classified as coal lands or which are valuable for coal, though not
withdrawn or classified.
(b) The Secretary of the Interior in withdrawing, under the
Reclamation Act, lands classified as coal lands, or valuable for coal,
with a view to securing or passing title to the same in accordance with
the provisions of said acts, will state in the notice of withdrawal that
the same is made in accordance with and subject to the provisions and
reservations of the Act of June 22, 1910.
43 CFR 2093.2-3 Procedures.
(a) Applications. (1) The last proviso to section 3 of the Act of
June 22, 1910 (36 Stat. 584; 30 U.S.C. 85) provides that nothing in the
Act contained shall be held to deny or abridge the right to present and
have prompt consideration of applications to locate, enter, or select,
under the land laws of the United States, lands which have been
classified as coal lands with a view of disproving such classification
and securing a patent without reservation.
(2) Entries and selections under the provisions of the Act of June
22, 1910, must have noted across the face of the application for entry
or selection, before such application for entry or selection is signed
by the applicant and presented to the authorized officer, the following:
Application made in accordance with and subject to the provisions and
reservations of the Act of June 22, 1910 (36 Stat. 583).
(b) Hearing. Except in the case of those who present applications
under section 2 of the Act (36 Stat. 584; 30 U.S.C. 84), the authorized
officer will advise any person presenting a nonmineral application or
filing for lands classified as coal lands that he will be allowed 30
days in which to submit evidence, preferably the statements of experts
or practical miners, that the land is in fact not coal in character,
together with an application that the same be reclassified, and that in
the event of failure to furnish said evidence within the time specified
the application will be rejected. If upon the showing made, and such
other inquiry as may be deemed proper, the land is classified as
agricultural land, the nonmineral application, in the absence of other
objections, will be allowed. If reclassification be denied, the
applicant may, within 30 days from receipt of notice, apply for a
hearing, at which he may be afforded an opportunity for showing that the
classification is improper, in which event he must assume the burden of
proof. If he should fail to apply for a hearing within the time
allowed, his application to enter or file will be finally rejected. The
rejection of such application, however, does not preclude the person
from filing another application pursuant to section 2 of the Act.
43 CFR 2093.2-4 Patent with reservation of coal deposits; disposal of
coal deposits.
There will be incorporated in patents issued to nonmineral claimants
under this Act the following:
Excepting and reserving, however, to the United States all the coal
in the lands so patented, and to it, or persons authorized by it, the
right to prospect for, mine, and remove the coal from the same upon
compliance with the conditions and subject to the provisions and
limitations of the Act of June 22, 1910 (36 Stat. 583).
2093.3 Agriculture entry of lands withdrawn, classified or valuable
for minerals.
43 CFR 2093.3-1 Acts of July 17, 1914, and March 4, 1933.
(a) Section 1 of the Act of July 17, 1914 (38 Stat. 509; 30 U.S.C.
121), as amended, authorizes the appropriation, location, selection,
entry or purchase under the nonmineral land laws of the United States,
if otherwise available, of lands withdrawn or classified as phosphate,
nitrate, potash, oil, gas, or asphaltic minerals, and sodium and sulphur
under 30 U.S.C. 124, or which are valuable for such deposits, whenever
such lands are sought with a view of obtaining or passing title with a
reservation to the United States of the deposits on account of which the
lands were withdrawn, classified, or reported as valuable, together with
the right to prospect for, mine, and remove the same. Any form of
appropriation under the proper applicable nonmineral land laws is
authorized, with a reservation of the minerals as specified, to the same
extent as if no withdrawal or classification had been made.
(b) The term person used in this act will be interpreted as covering
a State (see ex parte, Utah, 38 L.D. 245), or other corporation, or an
association when duly qualified.
(c) Under the proviso in section 2 of the Act (38 Stat. 509; 30
U.S.C. 122) applications for land, either withdrawn or classified, may
be presented with a view of proving that the lands applied for, if
withdrawn, are not of the character intended to be included in the
withdrawal, or, if classified, of disproving the classification and
securing patent free from reservations; also, claimants for lands
withdrawn or classified for the specified minerals subsequent to
location, selection, entry, or purchase have the privilege of showing at
any time before final entry, purchase, or approval of selection or
location that the lands sought are in fact nonmineral in character.
(d) Under the Act of March 4, 1933 (47 Stat. 1570; 30 U.S.C. 124),
lands withdrawn, classified, or reported as valuable for sodium and/or
sulphur are subject to entry, filing, or selection, if otherwise
available, and subject to the reservations, provisions, limitations and
conditions of the Act of July 17, 1914 (38 Stat. 509; 30 U.S.C.
121-123), sulphur lands being limited to the States of Louisiana and New
Mexico, pursuant to the Act of July 16, 1932 (47 Stat. 701; 30 U.S.C.
271, 276).
(Interprets or applies sec. 1, 36 Stat. 583, sec. 1, 38 Stat. 509, as
amended; 138; 30 U.S.C. 83, 121)
43 CFR 2093.3-2 Lands to which applicable.
The Act of July 17, 1914 is general and comprehensive and operates in
all the States containing public lands of the character specified. It
does not apply to lands in the State of Alaska, or to lands in the
United States which for other reasons are not available or which, in
other words, are not subject to entry. This statute fully covers the
field included in the special Acts of August 24, 1912 (37 Stat. 496),
providing for certain agricultural entries and selections on oil and gas
lands in the State of Utah, and of February 27, 1913 (37 Stat. 687),
authorizing selections by the State of Idaho of phosphate and oil lands
in that State. This broad and general Act supersedes and displaces said
special laws, and by implication works their repeal. Therefore, all
entries, selections, or locations of lands of the character described in
those special statutes made in the States mentioned on or after date of
this general Act, July 17, 1914, will be treated as within the scope of
the latter Act, and will be adjudicated thereunder. Also, all such
entries, selections, or locations made under those special acts prior
to, and not perfected at, that date will be carried to completion,
approved, and patented, if at all, under the general Act.
43 CFR 2093.3-3 Procedures.
(a) General. The Act of July 17, 1914 in many respects resembles
that of March 3, 1909 (35 Stat. 844; 30 U.S.C. 81), which provides for
the protection of the surface rights of entrymen upon lands subsequently
classified, claimed, or reported as coal lands, and also, that of June
22, 1910 (36 Stat. 583; 30 U.S.C. 83-85), authorizing certain forms of
agricultural entries and selections on withdrawn or classified coal
lands. The general instructions under these acts as set forth in
2093.1 to 2093.2 may be followed, so far as applicable, in matters of
practice and procedure.
(b) Notations on applications and in orders of withdrawal. (1) All
applications to locate, select, enter, or purchase lands under the Act
of July 17, 1914, before being accepted and filed by the authorized
officer, must have written, stamped, or printed upon their face the
following:
Application made in accordance with, and subject to the provisions
and reservations of the Act of July 17, 1914 (38 Stat. 509).
(2) Orders of withdrawal under the Reclamation Act of lands
withdrawn, classified, or reported as valuable for the specified
minerals with a view to passing title to the same in accordance with the
terms of this Act, will state that such withdrawal is made in accordance
with and subject to the provisions and reservations of the Act of July
17, 1914.
(c) Notice to entryman; action by entryman. (1) Where the
Geological Survey reports that land embraced in a nonmineral entry or
claim on which final proof has not been submitted or which has not been
perfected is in an area in which valuable deposits of oil and gas may
occur because of the absence of reliable evidence that the land is
affected by geological structure unfavorable to oil and gas
accumulation, the entryman or claimant will be notified thereof and
allowed a reasonable time to apply for reclassification of the land as
nonmineral, submitting a showing therewith, and to apply for a hearing
in event reclassification is denied, or to appeal. He must be advised
that, if a hearing is ordered, the burden of proof will be upon him, and
also that, if he shall fail to take one of the actions indicated, his
entry or claim and any patent issued pursuant thereto will be impressed
with a reservation of oil and gas to the United States.
(2) In a case where acceptable final proof has been submitted, or a
claim has been perfected, and the Geological Survey thereafter makes
report, as in the above or similar form, such report will not be relied
upon as basis for a mineral reservation unless the Government is
prepared to assume the burden of proving, prima facie, that the land was
known to be of mineral character, at the date of acceptable final proof
or when the claim was completed, according to the established criteria
for determining mineral from nonmineral lands, among which may be those
recognized by the Supreme Court in the case of United States v.
Southern Pacific Company et al. (251 U.S. 1, 64 L. ed. 97). If the
Government is thus prepared to assume such burden of proof, the Bureau
of Land Management will notify the entryman of the mineral
classification and that a hearing will be ordered if he manifests
disagreement with the classification within a reasonable period. The
entryman or claimant will be advised that in the event hearing is had,
the burden of proof will be upon the Government; also that, if he shall
fail to make answer within the time allowed, the entry or claim and any
patent issued pursuant thereto will be impressed with a reservation of
oil or gas to the United States.
(d) Applications to disprove classification of land; hearing
thereon. (1) (i) The proviso to section 2 of the Act of July 17, 1914
(38 Stat. 509; 30 U.S.C. 122), allows any qualified person to present
an application to locate, select, enter, or purchase, under the land
laws of the United States, lands which are withdrawn or classified as
phosphate, nitrate, potash, oil, gas, or asphaltic minerals, with a view
to obtaining a patent thereunder without reservation. An applicant
under this proviso must submit with his application a request for a
classification of the land as nonmineral, filing therewith a showing,
preferably the statements of experts or practical miners, of the facts
upon which is founded the knowledge or belief that the land applied for
is not valuable for the mineral on account of which it was withdrawn or
classified.
(ii) Applications to locate, select, enter, or purchase lands so
withdrawn or classified, which are not filed under the provisions of
section 1 of the Act (38 Stat. 509; 30 U.S.C. 121), and are not
accompanied by request for classification as nonmineral of the land
applied for, and the evidence required herein to be filed with such
request, will be rejected by the authorized officer and the applicant
allowed 30 days from notice within which to amend his application to
take a limited patent for the land in accordance with and subject to the
provisions of the Act, or to file request for classification thereof as
nonmineral, accompanied by the necessary evidence.
(iii) If upon the showing made, and such other inquiry as may be
deemed proper, a restoration of the land, where withdrawn, be secured,
or a reclassification as nonmineral be made, where the land has been
classified, the nonmineral application, in the absence of other
objection, will be allowed.
(iv) If the application be denied the applicant may, within 30 days
from notice of such denial, apply to the land office for a hearing to
disprove the classification. When a hearing is applied for, the
authorized officer will proceed therewith under parts 1840 and 1850 of
this chapter. If the applicant fails to apply for a hearing within the
time allowed, the application to locate, select, enter or purchase will
be finally rejected.
(v) The rejection of the application, however, will not preclude the
applicant from filing application to locate, select, enter or purchase
the land in accordance with and subject to the provisions and
reservations of said act.
(2) (i) Under this proviso, persons who have located, entered,
selected, or purchased lands subsequently withdrawn or classified as
valuable for said mineral deposits, are allowed the privilege of
showing, at any time before final entry, purchase, or approval of
selection or location, that the lands are in fact nonmineral in
character.
(ii) Claimants to whom this provision is applicable may, therefore,
file in the proper office application for a classification of the land
as nonmineral, together with the evidence prescribed herein to be filed
by an original applicant with his request for classification. If the
application be denied, the claimant will be allowed 30 days from notice
of such denial within which to make application to the office for a
hearing to establish the nonmineral character of the land. When a
hearing is applied for the authorized officer will proceed therewith
under parts 1840 and 1850 of this chapter.
(e) Burden of proof. (1) Where application is made to enter, locate,
or select lands withdrawn or classified as valuable for or on account of
any of the minerals specified in the Act of July 17, 1914 (38 Stat. 509;
30 U.S.C. 121-123) as supplemented by the Act of March 4, 1933 (47
Stat. 1570; 30 U.S.C. 124), the burden of proof to show that said lands
are not of the character of those intended to be withdrawn or that the
classification as such was and is erroneous and improper in point of
fact will rest upon and be borne by the applicant in the event that he
shall undertake to establish, at a hearing ordered and held for that
purpose, the truth of the allegations made by him in that behalf.
(2) A withdrawal or classification will be deemed prima facie
evidence of the character of the land covered thereby for the purposes
of this act. Where any nonmineral application to select, locate, enter,
or purchase has preceded the withdrawal or classification and is
incomplete and unperfected at such date, the claimant, not then having
obtained a vested right in the land, must take patent with a reservation
or sustain the burden of showing at a hearing, if one be ordered, that
the land is in fact nonmineral in character and therefore erroneously
classified or not of the character intended to be included in the
withdrawal. Where the agricultural claimant has completed and perfected
his claim and becomes possessed of a vested right in the land, which
subsequent thereto is withdrawn or classified, the burden will rest upon
the Government to show that the land is in fact mineral in character and
was so known at the date of final completion and perfection of the
claim. (See Charles W. Pelham (39 L.D. 201).)
43 CFR 2093.3-4 Patents.
(a) Patent with reservation. Under section 3 of the Act of July 17,
1914 (38 Stat. 510; 30 U.S.C. 123), any person who shall apply for
lands which are subsequently withdrawn, classified or reported as being
valuable for the specified minerals, and which are otherwise available
may upon application therefor, and the making of satisfactory proof,
receive a patent with a reservation. In this particular the statute is
quite similar to that of March 3, 1909 (35 Stat. 844; 30 U.S.C. 81),
and the disposition of such cases will follow the practice under that
act insofar as the same is applicable.
(b) Application for patent. Nonmineral claimants who are or may be
affected by withdrawals or classifications made or which shall be made,
subsequent to their locations, selections, entries, or purchases, upon
submission of satisfactory proof of compliance with the laws under which
they claim, unless the withdrawal be revoked or the classification set
aside prior to the issuance of patent, or unless they show that the
lands embraced in their claims are in fact nonmineral, shall be entitled
to the patent authorized to be issued by section 3 of the Act of July
17, 1914 (38 Stat. 510; 30 U.S.C. 123) upon the filing of an
application therefor. Such claimant will be notified of his right to
such a patent, and upon failure to file within 30 days his application
therefor or to apply for a classification of the land as nonmineral, the
entry will be canceled.
(c) Reservations in patents. There will be incorporated in patents
issued to nonmineral claimants under this act the following:
Excepting and reserving, however, to the United States all the
(deposit on account of which the lands are withdrawn, classified, or
reported as valuable -- phosphate, oil, or other mineral, as the case
may be) in the lands so patented, and to it, or persons authorized by
it, the right to prospect for, mine, and remove such deposits from the
same upon compliance with the conditions and subject to the provisions
and limitations of the Act of July 17, 1914 (38 Stat. 509).
43 CFR 2093.3-5 Disposition of reserved deposits; protection of
surface claimant.
The Act of July 17, 1914, provides that the deposits reserved in
agricultural patents issued thereunder shall be ''subject to disposal by
the United States only as shall be hereafter expressly directed by
law.'' Provisions are made in the Act for the protection of the surface
owner against damage to his crops and improvements on the land by reason
of prospecting for, mining, and removing such reserved mineral deposits.
2093.4 Entries on coal, oil, and gas lands in Alaska.
43 CFR 2093.4-1 Acts of March 8, 1922, and May 17, 1906, as amended.
(a) The Act of March 8, 1922 (42 Stat. 415), as amended August 23,
1958 (72 Stat. 730; 48 U.S.C. 376, 377), referred to in 2094.4-1 to
2093.4-3 as ''the Act of 1922,'' provides that:
(1) In Alaska, homestead, including soldiers' additional homestead,
homesite, headquarters site, and trade and manufacturing site claims may
be initiated by actual settlers on public lands which are known to
contain workable coal, oil, or gas deposits or that may be valuable for
the coal, oil, or gas contained therein, and which are not otherwise
reserved or withdrawn;
(2) Such claims initiated in good faith may be perfected under the
appropriate public land laws and, upon satisfactory proof of full
compliance with these laws, the claimant shall be entitled to patent to
the lands entered by him, which patent shall contain a reservation to
the United States of all the coal, oil, or gas in the land patented,
together with the right to prospect for, mine, and remove the same; and
(3) Should it be discovered at any time prior to the issuance of a
final certificate on any claim initiated for unreserved lands in Alaska
that the lands are coal, oil, or gas in character, the patent issued on
such entry shall contain the reservation referred to in paragraph (a)(2)
of this section.
(b) The Act of May 17, 1906 (34 Stat. 197), as amended August 2, 1956
(70 Stat. 954; 48 U.S.C. 357), permits, subject to the provisions of
the Act of 1922, homestead allotments to Indians, Leuts, and Eskimos of
vacant, unappropriated, and unreserved lands in Alaska that may be
valuable for coal, oil, or gas deposits and the Act of August 17, 1961
(75 Stat. 384), permits the Secretary of the Interior to sell under the
provisions of section 2455 of the Revised Statutes (43 U.S.C. 1171), as
amended, lands in Alaska known to contain workable coal, oil, or gas
deposits, or that may be valuable for the coal, oil, or gas contained
therein, and which are otherwise subject to sale under said section
2455, as amended, upon the condition that the patent issued to the
purchaser thereof shall contain the reservation required by section 2 of
the Act of 1922. (See part 2710.)
(c) Section 2 of the Act of 1922 provides:
(1) The coal, oil, and gas deposits reserved under the act shall be
subject to disposal by the United States in accordance with the
provisions of the laws applicable to coal, oil, or gas deposits, or
coal, oil, or gas lands in Alaska, in force at the time of such
disposal;
(2) Any person qualified to acquire coal, oil, or gas deposits, or
the right to mine and remove the coal, or to drill for and remove the
oil or gas under the laws of the United States shall have the right at
all times (after the issuance of, and pursuant to, a lease or permit
therefor) to enter upon the lands as provided by the act for the purpose
of prospecting for coal, oil, or gas upon the approval, by the Secretary
of the Interior, of a bond or undertaking to be filed with him as
security for the payment of all damages to the crops and improvements on
such lands by reason of such prospecting;
(3) Any person who has acquired from the United States the coal, oil
or gas deposits in any such land or the right to mine, drill for, or
remove the same, may reenter and occupy so much of the surface thereof
as may be required for all purposes reasonably incident to the mining
and removal of the coal, oil, or gas therefrom, and mine and remove the
coal or drill for and remove the oil or gas upon payment of the damages
caused thereby to the owner thereof, or upon giving a good and
sufficient bond or undertaking, in an action instituted in any competent
court to ascertain and fix the said damages.
(d) The Act of 1922 extends to Alaska the principles of the Acts of
March 3, 1909 (35 Stat. 844; 30 U.S.C. 81), June 22, 1910 (36 Stat.
583; 30 U.S.C. 83-85), and July 17, 1914 (38 Stat. 509; 30 U.S.C.
121-123), which, among other things, govern agricultural entries on
coal, oil, or gas lands in States other than Alaska. The general
instructions under these acts relating to the reservation of coal, oil,
or gas to the United States as set forth in this subpart will,
therefore, be followed in matters of practice and procedure.
43 CFR 2093.4-2 Rights of prior mineral permittees or lessees.
If prior to the date of the initiation of a claim that is subject to
the provisions of the Act of 1922, the land was embraced in an oil and
gas lease, or a coal permit or lease, or an application for or offer of
such a lease or permit, the land will be subject to the right of such
prior mineral permittee or lessee, or of such prior applicant for or
offeror of a mineral permit or lease, to occupy and use so much of the
surface of the lands as may be reasonably required for mineral leasing
operations, without liability to the entryman, allottee, or patentee for
crop and improvement damages resulting from such mineral activity.
43 CFR 2093.4-3 Obligations of subsequent mineral permittees or
lessees.
(a) Any coal permit applicant or noncompetitive oil and gas lease
offeror whose application or offer was filed subsequent to the date of
the initiation of a claim that is subject to the provisions of the Act
of 1922 must file with the authorized officer of the proper office a
waiver from, or a consent of, the claimant or a bond or undertaking on
forms approved by the Director, for coal applicants and for oil and gas
offerors for the payment of all damages to the crops and improvements on
the lands caused by the prospecting.
(b) (Reserved)
2093.5 Disposition of minerals reserved to the U.S. Government.
43 CFR 2093.5-1 Act of December 29, 1916.
(a) Reservation of rights. (1) Section 9 of the Act of December 29,
1916 (39 Stat. 864; 43 U.S.C. 299), provides that all entries made and
patents issued under its provisions shall contain a reservation to the
United States of all coal and other minerals in the lands so entered and
patented, together with the right to prospect for, mine, and remove the
same; also that the coal and other mineral deposits in such lands shall
be subject to disposal by the United States in accordance with the
provisions of the coal and mineral land laws in force at the time of
such disposal.
(2) There will be incorporated in patents issued on homestead entries
under this act the following:
Excepting and reserving, however, to the United States all the coal
and other minerals in the lands so entered and patented, and to it, or
persons authorized by it, the right to prospect for, mine, and remove
all the coal and other minerals from the same upon compliance with the
conditions, and subject to the provisions and limitations, of the Act of
December 29, 1916 (39 Stat. 862).
43 CFR 2093.5-1 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.
43 CFR 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.
43 CFR 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.
43 CFR 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 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:
43 CFR 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 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.
43 CFR 2094.2 Group 2100 -- Acquisitions
43 CFR 2094.2 PART 2110 -- GIFTS
43 CFR 2094.2 Subpart 2110 -- Gifts; General
Sec.
2110.0-1 Purpose.
2110.0-3 Authority.
43 CFR 2094.2 Subpart 2111 -- Procedures
2111.1 Offer to convey.
2111.1-1 Place of offering.
2111.1-2 Designation of authority and description of property.
2111.1-3 Statement of ownership encumbrances.
2111.2 Acceptance of offer.
2111.3 Deed of conveyance.
2111.4 Status of lands.
Authority: Sec. 2, 48 Stat. 1270, R.S. 2478, as amended, sec. 8,
48 Stat. 1272, as amended; 43 U.S.C. 315a, 1201, 315g.
43 CFR 2094.2 Subpart 2110 -- Gifts; General
43 CFR 2110.0-1 Purpose.
The Secretary of the Interior may accept as a gift, lands, with or
without improvements thereon, with or without limitations or conditions
as to the future use and disposition thereof, in fee simple or any
interest less than fee, where possession of such land or interest will
promote the purposes of a grazing district or facilitate the
administration or contribute to the improvement, management, use or
protection of public lands and their resources. The authority of the
Secretary is discretionary and acceptance of offers rests, among other
things, upon a determination that the public interest will be served
thereby.
(35 FR 9545, June 13, 1970)
43 CFR 2110.0-3 Authority.
(a) Section 8(a) of the Taylor Grazing Act. Section 8(a) of the
Taylor Grazing Act of June 28, 1934 (48 Stat. 1272; 43 U.S.C. 315g), as
amended, authorizes the Secretary of the Interior to accept on behalf of
the United States, any lands within or without the exterior boundaries
of a grazing district as a gift, where such action will promote the
purposes of a district or facilitate the administration of the public
lands.
(b) Section 103(a) of the Public Land Administration Act. Section
103(a) of the Public Land Administration Act of July 14, 1960 (74 Stat.
506; 43 U.S.C. 1364), authorizes the Secretary to accept contributions
or donations of real or mixed property, including rights-of-way, for the
improvement, management, use and protection of the public lands and
their resources administered by the Bureau of Land Management.
(c) Section 5 of the King Range Conservation Area Act (16 U.S.C.
460y) authorizes the Secretary to accept land or interest in land within
the area by donation.
(d) Section 6(f) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(f)) authorizes the Secretary to accept donations of lands and
interests in land, funds and other property for use in connection with
his administration of the national wild and scenic rivers system.
(35 FR 9545, June 13, 1970, as amended at 41 FR 15851, Apr. 15, 1976;
41 FR 29122, July 15, 1976)
43 CFR 2110.0-3 Subpart 2111 -- Procedures
Source: 35 FR 9545, June 13, 1970, unless otherwise noted.
2111.1 Offer to convey.
43 CFR 2111.1-1 Place of offering.
Any person desiring to make a gift, contribution, or donation of land
or interest in land to the United States should submit an offer to
convey and transfer said property to the United States voluntarily. The
offer should be transmitted to the proper land office in accordance with
the provisions of 1821.2 of this chapter.
43 CFR 2111.1-2 Designation of authority and description of property.
The offer should designate the statute under which the gift is to be
made and should describe the lands by legal subdivisions of the public
land surveys, if possible, with a description of any permanent
improvements fixed to the land. Any limitations on title should be
fully detailed and any conditions as to future use and disposition of
the land should be set forth.
43 CFR 2111.1-3 Statement of ownership encumbrances.
The offer should be accompanied by a statement showing that the
offeror is the record owner in fee of lands so offered, free and clear
of all encumbrances; that there are no persons claiming the land
adversely to the offeror; whether there are any unpaid taxes or
assessments levied or assessed against the offered land or that could
operate as a lien thereon; whether there is a tax or assessment due on
such lands or that could operate as a lien thereon, but which tax or
assessment is not yet payable; and that there are no unredeemed tax
deeds outstanding against the lands.
43 CFR 2111.2 Acceptance of offer.
Where the authorized officer finds that acceptance of the offered
lands is in consonance with the program set forth in 2110.0-1, he shall
advise the offeror of the acceptance of the offer and request the
offeror to submit a voluntary deed of conveyance to the United States of
the land offered, together with an affidavit that the offeror has not
conveyed or encumbered the land in any manner from the time of making
the offer up to and including the date of recordation of the deed.
43 CFR 2111.3 Deed of conveyance.
The deed of conveyance to the United States must be executed,
acknowledged, and duly recorded in accordance with the laws of the State
in which the lands are situated. The deed should recite that it is made
as a gift, as authorized by statute appropriately designated. Where
such deed is made by an individual, it must show whether the person
making the conveyance is married or single. If married, the spouse of
the donor must join in the execution and acknowledgment of the deed in
such manner as to bar effectually any right of courtesy or dower, or any
claim whatsoever to land conveyed, or it must be fully and
satisfactorily shown that under the laws of the State in which the land
conveyed is situated, such spouse has no interest, present or
prospective, which makes his or her joining in the deed of conveyance
necessary. Where the deed of conveyance is by a corporation, the order
or direction of the board of directors or other governing body should be
recited in the deed, and a copy thereof must accompany the instrument of
transfer. Both the deed and the instrument must bear the impression of
the corporate seal.
43 CFR 2111.4 Status of lands.
Upon acceptance of the deed of conveyance, 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 the authorized officer.
43 CFR 2111.4 PART 2120 -- LEASES
43 CFR 2111.4 Subpart 2120 -- Leases; General
Sec.
2120.0-2 Objectives.
2120.0-3 Authority.
43 CFR 2111.4 Subpart 2121 -- Procedures
2121.1 Evidence of ownership.
2121.1-1 Certificate of ownership for State or county lands.
2121.1-2 Certificate of ownership for private lands.
2121.2 Leases.
2121.2-1 Form of lease.
2121.2-2 Period of lease.
2121.2-3 Approval of lease; renewal.
2121.3 Payment of rental.
2121.4 Fees.
2121.4-1 Computation of fees.
2121.4-2 Disposition of receipts.
2121.4-3 Allocation of funds appropriated.
2121.5 Improvements by the United States on leased lands.
Authority: 48 Stat. 1270; 43 U.S.C. 315a.
Source: 35 FR 9546, June 13, 1970, unless otherwise noted.
43 CFR 2111.4 Subpart 2120 -- Leases; General
43 CFR 2120.0-2 Objectives.
When it is determined by the authorized officer that any State,
county, or privately owned lands located within grazing districts are
chiefly valuable for grazing, and are necessary to promote the orderly
use, improvement, and development of grazing districts, steps should be
taken to secure offers of leases of such lands from the owners thereof.
43 CFR 2120.0-3 Authority.
(a) The Act of June 23, 1938. The Act of June 23, 1938 (52 Stat.
1033; 43 U.S.C. 315m-1, 315m-4 inclusive), known as the Pierce Act,
authorizes the Secretary of the Interior in his discretion to lease, at
rates to be determined by him, any State, county, or privately owned
lands chiefly valuable for grazing purposes and lying within the
exterior boundaries of grazing districts created under the Taylor
Grazing Act of June 28, 1934 (48 Stat. 1269, as amended; 43 U.S.C. 315
et seq.) when in his judgment, the leasing of such lands will promote
the orderly use of the district and aid in conserving the forage
resources of the public lands therein, and the authorized officer of the
Bureau of Land Management may approve leases under the Pierce Act on
behalf of the United States in accordance with this part. Leases so
approved need not be submitted for Secretarial approval.
43 CFR 2120.0-3 Subpart 2121 -- Procedures
43 CFR 2121.1 Evidence of ownership.
Parties offering to lease lands to the United States under the
provisions of this Act will be required to furnish evidence of ownership
as follows:
43 CFR 2121.1-1 Certificate of ownership for State or county lands.
Where State and county lands are offered for lease, a certificate
from the proper State or county official will be required showing that
title to the lands is in the State or county and that the officer or
agency of the State or county offering them for lease is empowered by
the laws of such State to lease such lands.
43 CFR 2121.1-2 Certificate of ownership for private lands.
Where privately owned lands are offered for lease, the party offering
them will be required to file with the local office of the Bureau of
Land Management certificates from either the proper county officials, a
licensed abstracter, or an administrative officer of the Bureau of Land
Management whichever is required by an authorized officer, certifying
that the records of the county in which the lands are situated show that
the party offering the lands for lease is the record owner thereof or in
legal control of such lands under appropriate recorded lease permitting
the subleasing of the property, and including an itemized statement
showing the nature and extent of any liens, tax assessments, mortgages,
or other encumbrances.
2121.2 Leases.
43 CFR 2121.2-1 Form of lease.
Leases under the Pierce Act should conform in general to a form
approved by the Director. This form is believed adaptable for use in
all of the States within which grazing districts have been established
under the Taylor Grazing Act. Leases under the Pierce Act must be
executed by the lessor in the manner prescribed by the laws of the State
within which the lands leased are situated.
43 CFR 2121.2-2 Period of lease.
Leases may be made for such periods as are deemed proper by an
authorized officer in promoting a proper land-use program in connection
with the public range, not to exceed, however, the 10-year period as
limited by the Pierce Act, beginning with the date of the approval of
such lease.
43 CFR 2121.2-3 Approval of lease; renewal.
Local negotiations for leasing of lands under this act will not be
effective until the lease and any renewal thereof has been approved by
an authorized officer of the Bureau of Land Management. Upon such
approval the lease should be recorded in the land records of the county
in which the land is situated.
43 CFR 2121.3 Payment of rental.
The carrying capacity of the lands will be taken into consideration
in negotiating the rental to be paid. Payment of rentals will be made
annually by the United States at the end of the period for which
licenses or permits to graze on the lands involved have been granted, or
as soon thereafter as the moneys collected by the United States from its
licensees or permittees for the use of such lands have been appropriated
by the Congress in accordance with the provisions of the Pierce Act, and
made available for such purpose, or moneys for the payment of such
rentals have been made available through contributions under section 9
of the Taylor Grazing Act (48 Stat. 1273; 43 U.S.C. 315h).
2121.4 Fees.
43 CFR 2121.4-1 Computation of fees.
The aggregate of the grazing fees collected for the use of the lands
leased under the provisions of the Pierce Act must be sufficient to
insure a return to the United States of an amount equal to the aggregate
of the rentals paid for such lands and the aggregate of the grazing fees
collected for the use of all the lands leased in any one State must be
at least equal to the aggregate of the rentals paid in that State.
43 CFR 2121.4-2 Disposition of receipts.
All moneys received in the administration of lands leased under the
Pierce Act will be deposited in the Treasury of the United States as
provided in section 4 of that Act and will be available when
appropriated by the Congress for the leasing of lands. Distribution of
such receipts, therefore, will not be made as provided in sections 10
and 11 of the Taylor Grazing Act (48 Stat. 1273; 43 U.S.C. 315i, 315j).
43 CFR 2121.4-3 Allocation of funds appropriated.
Moneys received in the administration of lands leased under the
Pierce Act, when appropriated by the Congress, will be allocated to the
budgets of the State Director for disbursement in accordance with that
Act and the regulations in this part. Records of disbursements thereof
will be maintained under existing procedure.
43 CFR 2121.5 Improvements by the United States on leased lands.
The procedure in placing improvements on any lands leased under the
Pierce Act, will, so far as practicable, be the same as provided under
part 4110 of this chapter.
43 CFR 2121.5 PART 2130 -- ACQUISITION OF LANDS OR INTERESTS IN LANDS BY PURCHASE OR CONDEMNATION
43 CFR 2121.5 Subpart 2130 -- Acquisition of Lands or Interests in
Lands by Purchase or Condemnation: General
Sec.
2130.0-3 Authority.
2130.1 -- 2130.3 (Reserved)
2130.4 Acquisition of lands in King Range Conservation Area.
2130.4-1 Purchase.
43 CFR 2121.5 Subpart 2137 -- Condemnation of Lands or Interests in
Lands
2137.0-7 Appraisals.
2137.0-8 (Reserved)
2137.0-9 Reasons for condemnation.
Source: 41 FR 15851, Apr. 15, 1976, unless otherwise noted.
43 CFR 2121.5 Subpart 2130 -- Acquisition of Lands or Interests in Lands by Purchase or Condemnation: General
43 CFR 2130.0-3 Authority.
The Act of October 21, 1970, (16 U.S.C. 460y) provides for the
establishment of the King Range National Conservation Area and
authorizes the Secretary of the Interior to acquire by purchase any land
or interest in land within the area pursuant to the Act.
2130.1 -- 2130.3 (Reserved)
2130.4 Acquisition of lands in King Range Conservation Area.
43 CFR 2130.4-1 Purchase.
If the Secretary of the Interior determines that the acquisition of
land or interest in land is desirable for consolidation of public lands
within the Area he may acquire land or interest in land within the King
Range National Conservation Area by purchase with donated funds
appropriated specifically for that purpose.
43 CFR 2130.4-1 Subpart 2137 -- Condemnation of Lands or Interests in Lands
43 CFR 2137.0-7 Appraisals.
Prior to initiation of condemnation proceedings, the property will be
appraised pursuant to approved Bureau procedures to determine its fair
market value and an offer made to purchase it at that appraised price.
2137.0-8 (Reserved)
43 CFR 2137.0-9 Reasons for condemnation.
Incompatible use. The power of eminent domain will be exercised only
if the Secretary finds that the use to which the land is being put is
incompatible with the purposes of the King Range National Conservation
Area Act or the management plan prepared in accordance with the Act, and
if efforts to acquire the land by other means have failed.
43 CFR 2137.0-9 Group 2200 -- Exchanges
43 CFR 2137.0-9 PART 2200 -- EXCHANGES: GENERAL PROCEDURES
43 CFR 2137.0-9 Subpart 2200 -- Exchanges: General
Sec.
2200.0-1 Purpose.
2200.0-2 Objective.
2200.0-3 Authority.
2200.0-4 Responsibilities.
2200.0-5 Definitions.
2200.0-6 Policy.
2200.0-7 Scope.
2200.1 Lands subject to disposal by exchange.
2200.2 Lands subject to acquisition by exchange.
2200.3 Lands acquired by exchange.
43 CFR 2137.0-9 Subpart 2201 -- Exchanges: Specific Requirements
2201.1 Notice of realty action.
2201.2 Proposals.
2201.3 Valuations.
2201.4 Legal description of property.
2201.5 Final requirements.
2201.6 Exchange agreement.
2201.7 Acceptance of conveyance and removal of improvements.
2201.8 Title evidence.
43 CFR 2137.0-9 Subpart 2202 -- Exchanges: National Forest Exchange
2202.1 Applicable regulations.
43 CFR 2137.0-9 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. 1715, 1718, 1732 and 1740.
Source: 46 FR 1638, Jan. 6, 1981, unless otherwise noted.
43 CFR 2137.0-9 Subpart 2200 -- Exchanges: General
43 CFR 2200.0-1 Purpose.
This part 2200 sets forth procedures for the exchange of public lands
or interests therein for non-Federal lands and interests therein.
43 CFR 2200.0-2 Objective.
The objective is the acquisition and disposal of lands and interests
therein for the benefit of the public interest as provided in part 1601
of this title, through use of the exchange authority granted by the
Federal Land Policy and Management Act of 1976. When considering public
interest, full consideration will be given to better Federal land
management and the needs of State and local people, including needs for
lands for the economy, community expansion, recreation areas, food,
fiber, minerals and fish and wildlife. There must also be a finding
that the values and objectives which Federal lands and interests to be
conveyed may serve if retained in Federal ownership are not more than
the values of the non-Federal lands and interests and the public
objectives they could serve if acquired.
43 CFR 2200.0-3 Authority.
These regulations are issued under the authority of sections 205,
206, 302(b) and 310 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1715, 1716, 1732 and 1740), and apply to any proposed
exchange filed after October 21, 1976.
43 CFR 2200.0-4 Responsibilities.
The Bureau of Land Management shall carry out the responsibilities of
the Secretary of the Interior under these regulations.
43 CFR 2200.0-5 Definitions.
As used in this part, the term:
(a) Secretary means Secretary of the Interior.
(b) Person means any person or entity legally capable of conveying
and holding land and interests therein, under the laws of the State
within which the land or interests therein are located. A person shall
be a citizen of the United States, or in the case of a corporation,
shall be subject to the laws of any State or of the United States.
(c) Public lands means any lands and interests in lands owned by the
United 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) Lands means any land and interests therein.
(e) Notice of realty action means publication of a determination as
set out in 2201.1 of this title, that certain lands are suitable for
disposal by exchange under specified laws.
(f) 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.
(g) Exchange means a conveyance of lands and interests therein from
the United States to a person at the same time there is a conveyance of
lands and interests therein from the person to the United States.
(h) Equal value exchange means an exchange of lands, or interests
therein, where valuations show that the interests being exchanged are of
equal value.
(i) Money equalization means balancing the differences in the equal
value of the properties by a money payment made by either party.
(j) 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 the public land laws, including the mining laws, pursuant
to the exercise by the Secretary of the Interior of regulatory authority
as conferred by law to allow for the orderly administration of the
public lands.
(46 FR 1638, Jan. 6, 1981, as amended at 48 FR 16888, Apr. 20, 1983)
43 CFR 2200.0-6 Policy.
(a) Exchange proposals shall meet policy objectives of the Federal
Land Policy and Management Act and shall comply with all applicable
Federal statutes, regulations and executive orders.
(b) Exchanges of interests in lands shall be considered on a
case-by-case basis.
43 CFR 2200.0-7 Scope.
(a) These regulations apply to all exchanges involving public lands
and interests therein administered by the Secretary, through the Bureau
of Land Management, except where an exchange is specifically authorized
by subparts 2212, part 2240, part 2250, and subparts 2271, 2272, 2273
and 2274, noted in the regulations of Group 2200 of this title.
(b) Qualified requests for fee coal exchanges made under the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1260(b)(5)) and
as provided in subpart 3437 of this title shall be processed in
accordance with this part, except as otherwise provided in subpart 3437
of this title.
(c) These regulations apply to the exchange of interests, such as
mineral estate interests, separate and apart from the surface estate in
either Federal or non-Federal lands.
43 CFR 2200.1 Lands subject to disposal by exchange.
(a) Public lands may be disposed of by exchange under this part only
if their disposal is in conformance with the land use planning
provisions contained in subpart 1601 of this title.
(b) The public lands to be exchanged shall be located in the same
State as the non-Federal lands or interests to be acquired.
(c) A determination that lands have been found suitable for disposal
by exchange shall be evidenced by the issuance of a notice of realty
action. The notice of realty action shall contain: (1) A description
of both the Federal and non-Federal lands proposed to be exchanged; (2)
the identity of the party(s) with whom the exchange will occur; (3) the
terms and conditions of the exchange; (4) any reservations, terms,
covenants and conditions necessary to insure proper land use and
protection of the public interest; (5) the intended time of the
exchange; and (6) an opportunity for public comment.
(d) As part of the consideration of whether public interest would be
served by disposal of fee coal through exchange, the applicability of
unsuitability qualifications of subpart 3461 of this title to the
Federal lands are relevant and will be applied.
43 CFR 2200.2 Lands subject to acquisition by exchange.
(a) Non-Federal lands and interests therein may be acquired only when
their acquisition is consistent with the mission of the Department of
the Interior. Both the non-Federal and public lands and interests
therein shall be located in the same State.
(b) Acquisition of lands by exchange under this part may be made only
if their acquisition is in conformance with land use planning provisions
under subpart 1601 of this title.
(c) Unsurveyed school sections are considered as non-Federal lands
and may be used by the State in an exchange. 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
all rights to unsurveyed sections used in the exchange.
43 CFR 2200.3 Lands acquired by exchange.
(a) Lands and interests in lands acquired by exchange shall, upon
acceptance of title by the authorized officer, become public lands.
Such public lands are not available for location under the mining laws
of application for sale, entry or mineral leasing. A notice of their
availability shall be published in the Federal Register. The notice
shall state the date and time of their availability and the forms of
authorization. Such availability shall be noted on the public land
records.
(b) Lands and interests in lands acquired by exchange within a
grazing district established under section 1 of the Taylor Grazing Act
of 1934, as amended (43 U.S.C. 315), shall become a part of that
district.
(c) Lands and interests in lands acquired within the National Forest
System may be transferred to the Secretary of Agriculture by the
Secretary and thereby become National Forest System lands subject to all
laws and regulations applicable to other National Forest System lands.
(d) Lands and interests in lands acquired under provisions of section
206 of the Federal Land Policy and Management Act and located within the
National Park, Wildlife Refuge, Wild and Scenic Rivers, Trails or any
other Federal land System established by an Act of Congress may be
transferred by the Secretary to the appropriate agency for
administration in accordance with the laws, rules and regulations
applicable to that system.
(46 FR 1638, Jan. 6, 1981, as amended at 48 FR 16888, Apr. 20, 1983)
43 CFR 2200.3 Subpart 2201 -- Exchanges: Specific Requirements
43 CFR 2201.1 Notice of realty action.
(a) A notice of realty action offering to exchange certain lands
which have, through the public land use planning process of the Bureau
of Land Management, been determined suitable for acquisition and
disposal by exchange, shall be published in the Federal Register and
shall be published once a week for 3 weeks thereafter in a newspaper of
general circulation in the area of the lands to be acquired and the
lands to be disposed of by a proposed exchange. The notice shall
provide 45 days after the date of issuance for comments by the public
and interested parties. Comments on the notice of realty action shall
be sent to the office issuing the notice. The notice published under
1601.6-3(b)(1) of this title may, if so designated in the notice, serve
as the notice of realty action required by this section and may
segregate the public lands covered by the exchange proposal to the same
extent that they would have been under a notice of realty action issued
under this section if so stated in the notice. Any such notice given
under 1601.6-3(b)(1) shall be published and distributed under the
requirements of this section and provide a 45-day comment period.
(b) The publication of the notice of realty action on an exchange
proposal in the Federal Register may segregate 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 subsequently tendered application, allowance of which
is discretionary, shall not be accepted, shall not be considered as
filed and shall be returned to the applicant, if the notice segregates
the lands from the use applied for in the application. The segregative
effect of the notice of realty action on the public lands shall
terminate upon issuance of patent or other document of conveyance to
such lands, upon publication in the Federal Register of a termination of
the segregation or 2 years from the date of its publication, whichever
occurs first. Any prior reserved Federal interests in the non-Federal
lands may be segregated by the notice of realty action to the same
extent the public lands are segregated.
(c) When the exchange of a tract of public lands requires the
cancellation of a grazing permit or lease in its entirety notice shall
be given the permittee or lessee 2 years prior to disposal except in
cases of emergency. A permittee or lessee may unconditionally waive the
2-year notice (see 43 CFR 4110.4-2(b)). The publication of a notice of
realty action shall constitute notice to the grazing permittee or lessee
if notice has not been previously given. 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 improvements have
been met.
(d) The notice of realty action shall list all reservations to be
included in the conveyance to and from the United States, including,
where the Federal lands are encumbered by a mineral lease or permit, a
reservation to the United States for the duration of the mineral lease
or permit of the mineral or minerals covered by the lease or permit.
(e) The notice of realty action shall be sent to the Governor of the
State within which the public lands are located, the head of the
governing body of any political subdivision having zoning or other land
use regulatory responsibilities in the geographic area within which the
public lands are located and the head of any political subdivision
having administrative or public services responsibility in the
geographic area within which the public lands are located not less than
60 days prior to the exchange of titles. The notice shall be sent to
other known interested parties of record including, but not limited to,
adjoining landowners and current land users.
(46 FR 1638, Jan. 6, 1981, as amended at 48 FR 16888, Apr. 20, 1983)
43 CFR 2201.2 Proposals.
(a) Exchange proposals may be submitted by a person who owns lands or
interests in lands, by non-Federal entities, by Federal departments or
agencies or by the Bureau of Land Management. When an exchange proposal
is made to the Bureau of Land Management, it shall be made in writing to
the District Manager for the district in which the Federal lands are
located. The authorized officer may publish a notice of initiation or
receipt of an exchange proposal within 10 days of initiation or receipt
of such proposal.
(b) An exchange proposal may, if found by the authorized officer to
be in accordance with Bureau of Land Management policies, programs and
the regulations in this part, be the basis of publication of a notice of
realty action as provided in 2201.1 of this title.
(c) Where an exchange proposal is not accepted by the authorized
officer and made the basis of a notice of realty action, the proponent
shall be so advised in writing with a statement of the reason(s) for the
non-acceptance and advised of the availability of a protest to the State
Director.
(d) If requested in writing by the proponent within 30 days of the
mailing of the notification of non-acceptance, the decision of
non-acceptance of the authorized officer shall be reviewed by the State
Director to determine if it is in accordance with the Bureau of Land
Management policies, programs and the regulations in this part. Such
review shall be completed by the State Director and the proponent
notified in writing of the action taken within 60 days of receipt of the
written request by the State Director.
(e) Where 2 or more exchange proposals are submitted covering the
same public lands, in whole or in part, the authorized officer shall
review the proposals and advise the exchange proponents as to the
acceptance or nonacceptance of their proposals in the same manner as
specified in paragraphs (b) through (d) of this section.
(46 FR 1638, Jan. 6, 1981, as amended at 48 FR 16888, Apr. 20, 1983)
43 CFR 2201.3 Valuations.
(a) No exchange shall be deemed suitable if it is not an equal value
exchange; however, such exchange may include a money equalization
pursuant to 2201.5(c) of this title.
(b) Appraisals to determine whether the lands and interests in lands
to be exchanged are of equal value shall be in accordance with the
principles in the Interagency Department of Justice publication entitled
''Uniform Appraisal Standards for Federal Land Acquisitions.
(c) The authorized officer shall use the ''Methodology for an
Alternative Method of Determining the Value of Lands for Exchange
Containing Oil Shale and Associated Minerals,'' a guidance document for
determining equal value in lieu of an appraisal to determine equal value
only for lands containing oil shale and any associated minerals when
he/she determines an appraisal to be inappropriate. The Director,
Bureau of Land Management, shall review the use of this alternative
methodology to determine if it has been properly applied in lieu of an
appraisal. When the authorized officer uses the procedures contained in
the methodology described herein to determine equal value, the notice of
realty action issued in connection with the exchange shall state that
the methodology procedures are being used pursuant to a determination by
the Director.
(48 FR 16888, Apr. 20, 1983)
43 CFR 2201.4 Legal description of property.
The public lands and interests in public lands proposed for exchange
shall be properly described and locatable under the survey laws and
standards of the United States. The non-Federal lands may be described
as part of a surveyed section or by a metes and bounds survey, tied to a
township, range, meridian, and State, or may be described by the
description contained in an approved protraction diagram of the Bureau
of Land Management.
43 CFR 2201.5 Final requirements.
At the end of the period provided in the notice of realty action and
upon a determination by the authorized officer that a particular
exchange is acceptable, the owner or holder of the non-Federal land and
interest shall provide the following:
(a) Evidence of title acceptable to the authorized officer. (1) For
private land owners, any one of the documents set forth in the
''Standards for the Preparation of Title Evidence in Land Acquisitions
by the United States'' (Department of Justice, 1970 ed.) that is
acceptable to the authorized officer.
(2) For States, if the property was ever held in private ownership, a
certificate of title as prescribed in 2201.5(a)(1). If lands and
interests in lands have not been in private ownership, either of the
following shall be acceptable evidence of title:
(i) A certification by the appropriate State officer that the
property has not been sold or otherwise encumbered and a certification
under the official seal of the recorder of deeds or other appropriate
State officer that no instrument has been recorded or filed that would
encumber title to the property or
(ii) a certification by an abstractor or abstract company that no
instrument has been recorded or filed that conveyed or would encumber
title to the property.
(b) Conveyance documents. All deeds to the United States shall be
prepared in accordance with ''A Procedural Guide for the Acquisition of
Real Property by Governmental Agencies'' (Department of Justice, 1968
ed.). (1) Private property owners shall submit a warranty deed or other
document of conveyance which meets Department of Justice title standards
for property acquired by the United States conveying the privately-owned
property to the United States, and stating that the deed is made ''for
and in consideration of the exchange of certain land and interests as
authorized by the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).'' If the exchange is being made pursuant to other
authority, the deed to the United States shall state the authority under
which the exchange is authorized in lieu of the Federal Land Policy and
Management Act of 1976. Deeds shall be executed, acknowledged and
recorded in accordance with the laws of the State in which the lands are
located.
(i) Any revenue stamps required by State law shall be affixed to the
deed and cancelled.
(ii) A deed executed by an individual grantor shall disclose the
marital status of the grantor. A married grantor shall join with the
spouse to execute a deed to bar any right of courtesy, dower, community
interest or any other claim to the property conveyed unless written
evidence is submitted that shows that under the laws of the State where
the conveyed property is located the grantor's spouse has no present or
prospective interest in the lands.
(iii) Any deed executed by a partnership, association or other entity
other than a corporation shall corrborate that the deed is executed
pursuant to the articles of association or partnership or other similar
document creating the entity. If there are none or if signing authority
is not provided for in the document, the deed shall be signed by each
member of the entity and each signor shall furnish a statement that
he/she is a member. The deed shall state that it is made ''for and in
consideration of the exchange of certain land and interests as
authorized by the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).'' If the exchange is being made pursuant to other
authority, the deed to the United States shall state the authority under
which the exchange is authorized in lieu of the Federal Land Policy and
Management Act of 1976.
(iv) Any deed executed by a corporation shall corroborate that the
deed is executed pursuant to its bylaws or a resolution or order by the
corporation's board of directors or other governing body. A copy of the
bylaws, resolution or order shall accompany the deed and shall, unless
not required by State law, bear the corporate seal. Where State law
does not require such seal evidence, a citation of applicable State law
shall be provided. The deed shall state that it is made ''for and in
consideration of the exchange of certain land and interests as
authorized by the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.).'' If the exchange is being made pursuant to other
authority, the deed to the United States shall state the authority under
which the exchange is authorized in lieu of the Federal Land Policy and
Management Act of 1976.
(2) States shall submit a deed of conveyance that includes a
statement that the deed is made ''for and in consideration of the
exchange of certain land and interests as authorized by the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).'' If the
exchange is being made pursuant to other authority, the deed to the
United States shall state the authority under which the exchange is
authorized in lieu of the Federal Land Policy and Management Act of
1976. The deed shall be executed, acknowledged and recorded in
accordance with the laws of the State. A certification that the State
officer executing the conveyance is authorized to do so under State law
shall accompany the deed. When unsurveyed sections are used as exchange
lands by a State, the exchange shall constitute a relinquishment of the
State's right to the unsurveyed sections used in the exchange.
(c) Taxes and equalizing money. (1) Where taxes constitute a lien on
the non-Federal property, the owner of the non-Federal land or interest
shall furnish a bond with a qualified surety or other security
acceptable to the authorized officer for an amount at least 20 percent
in excess of taxes paid on the property for the previous year or assure
payment of taxes by making a money deposit to the authorized officer in
like amount. When evidence of payment of taxes acceptable to the
authorized officer is furnished, the bond shall be released or the cash
returned to the owner of the non-Federal lands and interests.
(2) A money payment for equalization of value shall not exceed 25
percent of the value of the public lands and interests being conveyed,
but the amount of the money payment shall be reduced to as small an
amount as possible.
43 CFR 2201.6 Exchange agreement.
An exchange agreement may be entered into between the Bureau of Land
Management, as represented by the authorized officer, and exchange
party. The agreement shall identify the lands or the estate to be
exchanged, all reservations and outstanding interests, any necessary
cash equalization and all other terms, conditions, covenants and
reservations.
43 CFR 2201.7 Acceptance of conveyance and removal of improvements.
(a) Acceptance of conveyance. If the title and other evidence
required of the owner of the non-Federal lands and interests in lands
are in conformity with the law and regulations, the authorized officer
may accept title to the non-Federal property conveyed to the United
States. A patent or other document of conveyance for the property
exchanged shall be issued and a notice of the issuance of said
conveyance documents shall be published in the Federal Register. The
Governor and the head of local governments shall be immediately notified
of the issuance of conveyance documents for public lands located within
their respective jurisdictions. A money payment, if required to
equalize values, shall be made by the appropriate party prior to or at
the date of conveyance.
(b) Removal of improvements. If any buildings, fencing or other
movable improvements owned or erected by a party to an exchange on the
non-Federal lands conveyed are not a part of the exchange proposal, the
party may remove such improvements from the lands upon receipt of notice
that the exchange has been approved: Provided, That such removal is
accomplished with in the period specified in the notice or any
reasonable extension that may be granted by the authorized officer.
(c) Other improvements. Where public lands to be conveyed under this
part contain authorized improvements, other than those identified in
2201.1(c) or those subject to patent reservation, the owner of such
improvements shall be given an opportunity to remove them if such owner
is not the exchange party, or the exchange party may compensate the
owner of such authorized improvements and submit proof of compensation
to the authorized officer.
43 CFR 2201.8 Title evidence.
(a) If no exchange agreement is entered into, no action taken prior
to issuance of patent or other document of conveyance shall establish
any contractual or other rights against the United States, or create any
contractual or other obligation of the United States.
(b) If a party to a prospective exchange has submitted title evidence
in connection with an exchange and processing of the proposal is
terminated and the exchange will not be proposed again in the near
future, the title evidence shall be returned to the exchange party.
Where the deed has been recorded, a quitclaim deed for the land conveyed
to the United States shall be issued under section 6 of the Act of April
28, 1930 (43 U.S.C. 872).
43 CFR 2201.8 Subpart 2202 -- Exchanges: National Forest Exchange
43 CFR 2202.1 Applicable regulations.
(a) All proposals for exchange for the consolidation or extension of
national forests, 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.) shall be
filed with the appropriate officer of the Forest Service, U.S.
Department of Agriculture, in compliance with the regulations in 36 CFR
part 254.
(b) The filing of a notice of an offer for forest exchange with the
authorized officer and the notation of such proposed exchange on the
public land records shall segregate the National Forest System lands
included in the proposed exchange from appropriation, location or entry
under the general mining laws but not from the applicability of those
public land laws governing the use of the National Forest System under
leases license or permit, or governing the disposal of mineral or
vegetative resources, other than under the general mining laws. The
segregative effect of the offer notation on the public land records
shall terminate upon issuance of patent or other document of conveyance
to such lands, upon rejection or denial of the exchange offer or 2 years
from the date of the notation whichever occurs first.
43 CFR 2202.1 Subpart 2203 -- Exchanges Involving Fee Federal Coal
Deposits
Source: 51 FR 12612, Apr. 14, 1986, unless otherwise noted.
43 CFR 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.
43 CFR 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.
43 CFR 2203.1 Opportunity for public comment and public meeting on
exchange proposal.
Upon receipt of a proposal for a fee exchange of Federal coal
deposits, the authorized officer shall publish a notice of receipt of an
exchange proposal as set forth in 2201.2 of this title, which shall be
distributed in accordance with 2201.1(e) of this title and which shall
include a request for public comment on the public interest factors of
the exchange proposal.
43 CFR 2203.2 Submission of information concerning proposed exchange.
(a) Any person submitting a proposal for a fee exchange of Federal
coal deposits shall submit on a form approved by the Director, Bureau of
Land Management, specific information concerning the coal reserves
presently held in each geographic area involved in the exchange along
with a description of the reserves that would be added or eliminated by
the proposed exchange. In addition, the person filing a proposed
exchange under this section shall furnish any additional information
requested by the authorized officer in connection with the consideration
of the anti-trust 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 the currently required 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.
43 CFR 2203.3 Public meeting.
Upon completion of an environmental analysis, but prior to the
issuance of a notice of realty action, 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 2201.1(e) 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.
43 CFR 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 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.
43 CFR 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 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.
43 CFR 2203.5 PART 2210 -- STATE EXCHANGES
43 CFR 2203.5 Subpart 2212 -- Miscellaneous State Exchanges
43 CFR 2212.1 General.
Because of the infrequency of transactions involving State exchanges
under the Acts of May 7, 1932 (47 Stat. 150), section 3 of the Act of
June 14, 1934 (48 Stat. 962), and the Act of December 7, 1942 (56 Stat.
1042), regulations covering these transactions are not codified. Any
such transaction will be handled in a manner consistent with the
authorizing laws and with the regulations in part 2200.
(35 FR 9549, June 13, 1970, as amended at 46 FR 1642, Jan. 6, 1981)
43 CFR 2212.1 PART 2240 -- NATIONAL PARK SYSTEM EXCHANGES
43 CFR 2240.0-3 Authority.
(a) Point Reyes National Seashore, Calif. The Act of September 13,
1962 (76 Stat. 538; 16 U.S.C., secs. 459c-459c-7), providing for the
establishment of the Point Reyes National Seashore in the State of
California, authorizes the Secretary of the Interior, when the public
interest will be benefited thereby, to acquire land, waters, and other
property within the boundaries of the Point Reyes National Seashore by
exchange. He may accept title to any non-Federal property located
within such area and convey to the grantor of such property any
federally owned property under the jurisdiction of the Secretary within
Arizona, California, Nevada, and Oregon, notwithstanding any other
provision of law. The properties so exchanged shall be approximately
equal in fair market value, provided that when such values are not equal
the Secretary may accept cash from or pay cash to the grantor in such an
exchange in order to equalize the value of the properties exchanged.
(b) Fire Island National Seashore. The Act of September 11, 1964 (78
Stat. 928; 16 U.S.C., secs. 459e-459e-9), authorizes the Secretary of
the Interior to establish an area to be known as the Fire Island
National Seashore and to acquire by exchange lands within the boundaries
of the seashore as specified in the Act. When acquiring land by
exchange the Secretary may accept title to any nonfederally owned land
located within the boundaries of the national seashore and may convey to
the grantor any federally owned land under his jurisdiction. The
properties so exchanged shall be approximately equal in fair market
value, but the Secretary may accept cash from or pay cash to a grantor
in order to equalize the values of the lands exchanged.
(c) Lake Mead National Recreational Area. The Act of October 8, 1964
(78 Stat. 1039, 16 U.S.C., sections 460n-460n-9) authorizes the
Secretary of the Interior to revise the boundaries of the Lake Mead
National Recreation Area and to procure property within the exterior
boundaries of such area in such manner as he shall consider to be in the
public interest. In exercising his authority to acquire property by
exchange, the Secretary may accept title to any non-Federal property
located within the boundaries of the recreation area and convey to the
grantor of such property any federally owned property under the
jurisdiction of the Secretary. The properties so exchanged shall be
approximately equal in fair market value, provided that the Secretary
may accept cash from or pay cash to the grantor in an exchange in order
to equalize the values of the properties exchanged.
(d) Whiskeytown-Shasta-Trinity National Recreation Area, Calif. The
Act of November 8, 1965 (79 Stat. 1295) authorizes the Secretary of the
Interior to administer the Whiskeytown unit of the
Whiskeytown-Shasta-Trinity National Recreation Area. The Secretary is
authorized to accept title to any non-Federal property within any part
of the recreation area and in exchange therefor to convey to the grantor
any federally owned property under his jurisdiction within the State of
California which he classifies as suitable for exchange or disposal.
The properties so exchanged shall be approximately equal in fair market
value, provided that the Secretary may accept cash from or pay cash to
the grantor in an exchange in order to equalize the value of the
properties exchanged.
(e) Bighorn Canyon Recreation Area. The Act of October 15, 1966 (16
U.S.C. 460t (Supplement III, 1965-67)) establishes the Bighorn Canyon
National Recreation Area. It authorizes the Secretary of the Interior
to accept title to any non-Federal property within the area and convey
in exchange therefor any federally owned property under his jurisdiction
in the States of Montana and Wyoming which he classifies as suitable for
exchange or other disposal, notwithstanding any other provision of law.
Property so exchanged shall be approximately equal in fair market value,
provided that the Secretary may accept cash from, or pay cash to, the
grantor in an exchange in order to equalize the values of the properties
exchanged.
(f) Act of July 15, 1968. (1) The Act of July 15, 1968 (16 U.S.C.A.
460L-22, 1969 Supplement) authorizes the Secretary of the Interior to
accept title to any non-Federal property or interest therein within a
unit of the National Park System or miscellaneous area under his
administration, in exchange for any federally owned property or interest
therein under his jurisdiction which he determines is suitable for
exchange or other disposal. The selected land shall be located in the
same State as the offered land. Timber lands subject to harvest under a
sustained yield program shall not be exchanged. Public hearings will be
held in the area where the lands to be exchanged are located, if a
written request therefor is submitted to the Secretary or his authorized
officer prior to such exchange, by a State or a political subdivision
thereof or by a party in interest. The value of the properties
exchanged shall be approximately equal, or if they are not approximately
equal, the values shall be equalized by payment of cash to the grantor
or to the Secretary, as circumstances require. Payment of cash by the
Secretary shall be made only from funds appropriated for the acquisition
of land for the area.
(2) The term National Park System means all federally owned or
controlled lands which are administered under the direction of the
Secretary of the Interior in accordance with 16 U.S.C. sections 1 and
2-4, and which are grouped into the following descriptive categories:
(i) National parks, (ii) national monuments, (iii) national historical
parks, (iv) national memorials, (v) national parkways, and (vi) national
capital parks.
(3) The term miscellaneous areas includes lands under the
administrative jurisdiction of another Federal agency, or lands in
private ownership, and over which the National Park Service, under the
direction of the Secretary of the Interior, pursuant to cooperative
agreement, exercises supervision for recreational, historical, or other
related purposes, and also any lands under the care and custody of the
National Park Service other than those described above.
(g) North Cascades National Park, Washington. The Act of October 2,
1968 (82 Stat. 926) establishes the North Cascades National Park, the
Ross Lake National Recreation Area, and the Lake Chelan National
Recreation Area. The Act authorizes the Secretary of the Interior to
accept title to any non-Federal property within the boundaries of the
park and the recreation areas and in exchange therefor to convey to the
grantor of such property and federally owned property under his
jurisdiction in the State of Washington which he classifies as suitable
for exchange or other disposal. The values of the properties so
exchanged either shall be approximately equal, or, if they are not,
shall be equalized by the payment of cash to the grantor or to the
Secretary as the circumstances require.
(h) Redwood National Park, Calif. The Act of October 2, 1968 (82
Stat. 931) establishes the Redwood National Park. The Secretary of the
Interior is authorized to accept title to any non-Federal property
within the boundaries of the park, and outside of such boundaries within
prescribed limits in exchange for any federally owned property under the
jurisdiction of the Bureau of Land Management in California, except
property needed for public use and management, which he classifies as
suitable for exchange or other disposal. Such federally owned property
shall also be available for use by the Secretary in payment of just
compensation for real property taken pursuant to the Act. The values of
the properties exchanged either shall be approximately equal or, if they
are not, shall be equalized by the payment of cash to the grantor or to
the Secretary as the circumstances require.
(i) Biscayne National Monument, Fla. The Act of October 18, 1968
(Pub. L. 90-606) authorizes the Secretary of the Interior to establish
the Biscayne National Monument, and to accept title to any non-Federal
property within the boundaries of the national monument and outside such
boundaries within prescribed areas, in exchange for any federally owned
property under his jurisdiction in the State of Florida which he
classifies as suitable for exchange or other disposal. The values of
the properties exchanged either shall be approximately equal, or, if
they are not, shall be equalized by the payment of cash to the grantor
or to the Secretary as circumstances require.
(35 FR 9550, June 13, 1970)
43 CFR 2240.1 General.
Exchanges to eliminate private holdings from national parks and
national monuments for which no specific provisions are made in this
section have generally reached the limits allowed by enabling
legislation. Regulations covering such transactions are, therefore, not
codified. Any such transactions will be handled in a manner consistent
with the authorizing laws and with the regulations in part 2200.
(35 FR 9550, June 13, 1970, as amended at 46 FR 1642, Jan. 6, 1981)
43 CFR 2240.1 PART 2250 -- WILDLIFE REFUGE EXCHANGES
43 CFR 2250.0-3 Authority.
(a) Section 4(b)(3) of the Act of October 15, 1966 (80 Stat. 926),
authorizes the Secretary of the Interior to acquire lands or interests
therein by exchange (1) for acquired lands or public lands under his
jurisdiction which he finds suitable for disposition, or (2) for the
right to remove, in accordance with such terms and conditions as the
Secretary may prescribe, products from the acquired or public lands
within the National Wildlife Refuge System. The values of the
properties so exchanged either shall be approximately equal, or if they
are not approximately equal the values shall be equalized by the payment
of cash to the grantor or to the Secretary as the circumstances require.
(b) Section 2(b) of the Act of October 15, 1966 (80 Stat. 926),
authorizes the Secretary of the Interior to acquire by purchase,
donation, or otherwise, lands or interests therein necessary for the
conservation, protection, restoration, and propagation of selected
species of native fish that are threatened with extinction.
(c) Section 1 of the Act of August 22, 1957 (71 Stat. 412), as
amended (16 U.S.C. 696) authorizes the Secretary of the Interior to
acquire, for the National Key Deer Refuge, lands in designated areas in
Florida which he finds suitable for the conservation and management of
key deer and other wildlife by exchange for any federally-owned property
in Florida which he classifies as suitable for exchange or other
disposal. The values of the property so exchanged shall be
approximately equal, or if they are not approximately equal, the values
shall be equalized by the payment of cash to the grantor or to the
Secretary as required.
(35 FR 9551, June 13, 1970)
43 CFR 2250.1 Applicable regulations.
Any such transaction will be handled in a manner consistent with the
authorizing law and with the regulations in part 2200.
(35 FR 9551, June 13, 1970, as amended at 46 FR 1642, Jan. 6, 1981)
43 CFR 2250.1 PART 2270 -- MISCELLANEOUS EXCHANGES
43 CFR 2250.1 Subpart 2271 -- Indian Reservation Exchanges
Sec.
2271.0-3 Authorities.
2271.1 Reservations established by statute.
43 CFR 2250.1 Subpart 2272 -- Reclamation Exchanges
2272.1 Applicable regulations.
43 CFR 2250.1 Subpart 2273 -- National Wild and Scenic Rivers System;
National Trails System Exchanges
2273.0-3 Authority.
43 CFR 2250.1 Subpart 2274 -- National Conservation Area Exchanges
2274.0-3 Authority.
2274.1 Procedures.
43 CFR 2250.1 Subpart 2271 -- Indian Reservation Exchanges
43 CFR 2271.0-3 Authorities.
(a) Executive order reservations. The Act of April 21, 1904 (33
Stat. 211; 43 U.S.C., sec. 149), authorizes the Secretary of the
Interior to exchange any vacant, nonmineral, nontimbered, surveyed
public lands located in the same State as the offered lands for any
privately owned lands over which an Indian reservation has been extended
by Executive order. The offered and selected lands must be
approximately equal both in value and area. The applicant must pay all
costs of consummating the exchange.
(b) San Juan, McKinley, and Valencia Counties, N. Mex. Section 13 of
the Act of March 3, 1921 (41 Stat. 1239).
(c) Apache, Coconino, and Navajo Counties, Ariz. Section 2 of the
Act of June 14, 1934 (48 Stat. 961), as supplemented by the Act of May
9, 1938 (52 Stat. 300).
(35 FR 9551, June 13, 1970)
43 CFR 2271.1 Reservations established by statute.
Exchanges and lieu selections involving lands within Indian
reservations occur infrequently. Regulations covering such transactions
are, therefore, not codified. Any such transactions shall be handled in
a manner consistent with the applicable statutes and with the general
regulations in part 2200.
(35 FR 9551, June 13, 1970, as amended at 46 FR 1642, Jan. 6, 1981)
43 CFR 2271.1 Subpart 2272 -- Reclamation Exchanges
43 CFR 2272.1 Applicable regulations.
(a) Regulations for exchange under the Act of August 13, 1953 (67
Stat. 566; 43 U.S.C. 451-451K), are in part 406 of this title and for
exchanges under the Act of May 25, 1926 (44 Stat. 648; 43 U.S.C.
423c), are in 403.6-403.11 of this title.
(35 FR 9552, June 13, 1970)
43 CFR 2272.1 Subpart 2273 -- National Wild and Scenic Rivers System; National Trails System Exchanges
43 CFR 2273.0-3 Authority.
(a) National wild and scenic rivers system. The Act of October 2,
1968 (82 Stat. 906) institutes a national wild and scenic rivers system,
designates the initial components of that system and provides for
additional components to be added to the system. The Secretary of the
Interior and the Secretary of Agriculture are each authorized to acquire
lands within any component of the system administered by him to an
average of not more than 100 acres per mile on both sides of the river.
The appropriate Secretary is authorized to accept title to non-Federal
property within the authorized boundaries of any federally administered
component of the system in exchange for any federally owned property
under his jurisdiction within the State in which the component lies and
which he classifies as suitable for exchange or other disposal. The
values of the properties so exchanged either shall be approximately
equal, or, if they are not, shall be equalized by the payment of cash to
the grantor or the Secretary as the circumstances require.
(b) National trails system. The Act of October 2, 1968 (82 Stat.
919), provides for the establishment and designation of trails by the
Secretary of the Interior or the Secretary of Agriculture, each on lands
administered by him.
(1) The Act authorizes the Secretary of the Interior to accept title
to any non-Federal property within the trail right-of-way in exchange
for any federally owned property under his jurisdiction which is located
in the State and which he classifies as suitable for exchange or other
disposal. The values of the properties so exchanged either shall be
approximately equal or, if they are not, shall be equalized by the
payment of cash to the grantor or the Secretary as the circumstances
require.
(2) The Act authorizes the Secretary of Agriculture to use
authorities and procedures available to him in connection with exchanges
of national forest lands.
(3) When an application involves the selection of public domain land
outside of national forests and under the administrative jurisdiction of
the Bureau of Land Management, the proponents shall comply with the
regulations in part 2200.
(35 FR 9552, June 13, 1970, as amended at 46 FR 1642, Jan. 6, 1981)
43 CFR 2273.0-3 Subpart 2274 -- National Conservation Area Exchanges
43 CFR 2274.0-3 Authority.
The Act of October 21, 1970, (16 U.S.C. 460y) provides for the
establishment of the King Range National Conservation Area in the State
of California and authorizes the Secretary of the Interior to acquire
land or interests in land by exchange under the Act.
(41 FR 15851, Apr. 15, 1976)
43 CFR 2274.1 Procedures.
(a) In making exchanges within the King Range National Conservation
Area, the authorized officer may accept title to non-Federal land or
interest in land within the Area defined in 16 U.S.C. 460y-8, or
additions made thereto, and convey to the grantor of such land or
interest in land an equal value of surveyed, unappropriated and
unreserved public land or interest in land, in accordance with the
following:
(1) The authorized officer shall have determined that the exchange is
in the public interest.
(2) The public lands offered in exchange be in Humboldt and/or
Mendocino County, California, and shall have been classified by the
authorized officer for exchange.
(3) If the value of the offered lands or interests in land is at
least equal to two-thirds of the value of the public land or interests
in land, the exchange may be completed by payment of the difference in
value to the Bureau of Land Management or the submittal of a cash
deposit or a performance bond in an amount at least equal to the
difference in value in order to assure that additional lands acceptable
to the authorized officer and at least equal to the difference in value
will be conveyed to the Government within a definite time to be
specified by the authorized officer. If the value of the public lands
offered in exchange for non-Federal lands or interests in non-Federal
lands is at least equal to two-thirds of the value of the non-Federal
lands, the exchange may be completed upon payment by the authorized
officer of the difference in value.
(b) Either party to an exchange may reserve minerals, easements, or
rights of use either for its own benefits, for the benefit of third
parties, or for the benefit of the general public. Any such
reservation, whether in lands conveyed to or by the United States, shall
be subject to such reasonable conditions respecting ingress and egress
and the use of the surface of the land as may be deemed necessary by the
authorized officer. When minerals are reserved in lands conveyed by the
United States, any person who prospects for or acquires the right to
mine and remove such reserved mineral deposits shall be liable to the
surface owners according to their respective interests for any actual
damage to the surface or to the improvements thereon resulting from
prospecting, entering, or mining operations.
Prior to entering lands in non-Federal ownership, such person shall
either obtain the surface owner's written consent or file with the
authorized officer a good and sufficient bond or undertaking to the
United States in an amount acceptable to the authorized officer for the
use and benefit of the surface owner to secure payment of such damages
as may be determined in an action brought on the bond or undertaking in
a court of competent jurisdiction. Where written consent is not
obtained, a letter request shall be filed with the authorized officer
for a determination of the amount of the bond or undertaking. A copy of
such request will be served on the surface owner or owners by certified
mail.
(c) Upon acceptance of title, any lands or interests in lands
acquired by the United States by exchange under the authority of section
5 of the Act of October 21, 1970, shall become public lands, and shall
become a part of the King Range National Conservation Area subject to
all the laws and regulations applicable thereto without further order of
the authorized officer.
(d) Any exchange transaction will be handled in a manner consistent
with the authorizing law and regulations in part 2200 of this
subchapter.
(41 FR 15851, Apr. 15, 1976)
43 CFR 2274.1 Group 2300 -- Withdrawals
43 CFR 2274.1 PART 2300 -- LAND WITHDRAWALS
43 CFR 2274.1 Subpart 2300 -- Withdrawals, General
Sec.
2300.0-1 Purpose.
2300.0-3 Authority.
2300.0-5 Definitions.
43 CFR 2274.1 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.
43 CFR 2274.1 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.
43 CFR 2274.1 Subpart 2300 -- Withdrawals, General
43 CFR 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.
43 CFR 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 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 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.
43 CFR 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 activites 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 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.
43 CFR 2300.0-5 Subpart 2310 -- Withdrawals, General: Procedure
43 CFR 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.
43 CFR 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.
43 CFR 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 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 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 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
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 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 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 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 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.
43 CFR 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
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 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
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 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 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 2310.3-1(a) of
this title. If a petition which seeks an emergency withdrawal is
approved by the Secretary, the publication and notice provisions
pertaining to emergency withdrawals shall be applicable. (See 2310.5
of this title.)
43 CFR 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
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.
43 CFR 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
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 a withdrawal proposal and that are listed in
the notices required by 2310.3-2 of this title as permissible during
the segregation period, may be approved by the authorized officer while
the lands remain segregated.
(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.
43 CFR 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.
2310.3 Action on withdrawal applications and withdrawal proposals,
except for emergency withdrawals.
43 CFR 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 2310.1-3 of this title. In the
event a withdrawal petition, which subsequently becomes a withdrawal
proposal, is submitted simultaneously with a withdrawal application, the
information requirements for notices pertaining to withdrawal
applications (See paragraph (b) of this section) shall supersede the
information requirements of this paragraph. However, in such instances,
the notice required by paragraph (b) of this section shall be published
immediately without regard to the 30-day period allowed for the filing
for publication in the 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 2310.1-2 of this title, except that the authorized officer
may exclude the information required by 2310.1-2(c)(2) of this title,
and as much of the descriptive information required by 2310.1-2(c) (5)
and (6) of this title as the authorized officer considers appropriate.
The notice shall:
(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 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 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
(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.
43 CFR 2310.3-2 Development and processing of the case file for
submission to the Secretary.
(a) Except as otherwise provided in 2310.3-6(b) of this title, the
information, studies, analyses and reports identified in this paragraph
that are required by applicable statutes, or which the authorized
officer determines to be required for the Secretary or the Congress to
make a decision or recommendation on a requested withdrawal, shall be
provided by the applicant. The authorized officer shall assist the
applicant to the extent the authorized officer considers it necessary or
appropriate to do so. The qualifications of all specialists utilized by
either the authorized officer or the applicant to prepare the
information, studies, analyses and reports shall be provided.
(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 terminaton of
existing uses. If the provisions of 2310.3-5 of this title are
applicable to the proposed withdrawal, the applicant shall also furnish
a certification that the requirements of that section shall be satisfied
promptly if the withdrawal is allowed or authorized.
(2) If the application states that the use of water in any State will
be necessary to fulfill the purposes of the requested withdrawal,
extension or modification, a report specifying that the applicant or
using agency has acquired, or proposes to acquire, rights to the use of
the water in conformity with applicable State laws and procedures
relating to the control, appropriation, use and distribution of water,
or whether the withdrawal is intended to reserve, pursuant to Federal
law, sufficient unappropriated water to fulfill the purposes of the
withdrawal. Water shall be reserved pursuant to Federal law for use in
carrying out the purposes of the withdrawal only if specifically so
stated in the relevant withdrawal order, as provided in 2310.3-3(b) of
this title and only to the extent needed for the purpose or purposes of
the withdrawal as expressed in the withdrawal order. The applicant
shall also provide proof of notification of the involved State's
department of water resources when a land use needed to carry out the
purposes of the requested withdrawal will involve utilization of 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.
(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.
(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.
43 CFR 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 2310.3-2(c) of this title and shall be drawn to comply
with 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 2310.5(c) of this title.
(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.
43 CFR 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 2310.4 of this title.
43 CFR 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 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.
43 CFR 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 2310.3-2(c) of this title).
43 CFR 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 2310.1-2(c) of this title, and the
information required by 2310.3-2(b) of this title, in the form of a
withdrawal extension application with supplemental information. If the
concerned department, agency or office is delinquent in responding to
such request, the deliquency shall constitute a ground for not extending
the withdrawal. Such withdrawals may be extended or further extended
only upon compliance with these regulations, and only if the Secretary
determines that the purpose for which the withdrawal was first made
requires the extension, and then only for a period that shall not exceed
the duration of the original withdrawal period. In allowing an
extension, the Secretary shall comply with the provisions of section
204(c) of the Act (43 U.S.C. 1714(c)), or section 204(d) of the Act (43
U.S.C. 1714(d)), whichever is applicable; and, whether or not an
extension is allowed, the Secretary shall report promptly on the
decision for each pending extension to the Congressional Committees that
are specified in section 204(f) of the Act (43 U.S.C. 1714(f)).
(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.
43 CFR 2310.5 Special action on emergency withdrawals.
(a) When the Secretary determines, or when either one of the two
Committees of the Congress that are specified in section 204(e) of the
Act (43 U.S.C. 1714(e)) notifies the Secretary, that an emergency exists
and that extraordinary measures need to be taken to protect natural
resources or resource values that otherwise would be lost, the Secretary
shall immediately make a withdrawal which shall be limited in its scope
and duration to the emergency. An emergency withdrawal shall be
effective when signed, shall not exceed 3 years in duration and may not
be extended by the Secretary. If it is determined that the lands
involved in an emergency withdrawal should continue to be withdrawn, a
withdrawal application should be submitted to the Bureau of Land
Management in keeping with the normal procedures for processing a
withdrawal as provided for in this subpart. Such applications will be
subject to the provisions of section 204(c) of the Act (43 U.S.C.
1714(c)), or section 204(d) of the Act (43 U.S.C. 1714(d), whichever is
applicable, as well as section 204(b)(1) of the Act (43 U.S.C.
1714(b)(1)).
(b) When an emergency withdrawal is signed, the Secretary shall on
the same day, send a notice of the withdrawal to the two Committees of
the Congress that are specified for that purpose in section 204(e) of
the Act (43 U.S.C. 1714(e)).
(c) The Secretary shall forward a report to each of the
aforementioned committees within 90 days after filing with them the
notice of emergency withdrawal. Reports for all such withdrawals,
regardless of the amount of acreage withdrawn, shall contain the
information specified in section 204(c)(2) of the Act (43 U.S.C.
1714(c)(2)).
43 CFR 2310.5 Subpart 2320 -- Federal Energy Regulatory Commission Withdrawals
43 CFR 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.
43 CFR 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).
43 CFR 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 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.
43 CFR 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 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.
43 CFR 2320.3 PART 2360 -- NATIONAL PETROLEUM RESERVE IN ALASKA
43 CFR 2320.3 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.
43 CFR 2320.3 Subpart 2361 -- Management and Protection of the National
Petroleum Reserve in Alaska
Source: 42 FR 28721, June 3, 1977, unless otherwise noted.
43 CFR 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.).
43 CFR 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.
43 CFR 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.
43 CFR 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 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.
43 CFR 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.
2361.0-6 (Reserved)
43 CFR 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.
43 CFR 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 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 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 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.
43 CFR 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 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 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.
43 CFR 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.
43 CFR 2361.3 PART 2370 -- RESTORATIONS AND REVOCATIONS
43 CFR 2361.3 Subpart 2370 -- Restorations and Revocations; General
Sec.
2370.0-1 Purpose.
2370.0-3 Authority.
43 CFR 2361.3 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.
43 CFR 2361.3 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.
43 CFR 2361.3 Subpart 2370 -- Restorations and Revocations; General
43 CFR 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)
43 CFR 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)
43 CFR 2370.0-3 Subpart 2372 -- Procedures
Source: 35 FR 9558, June 13, 1970, unless otherwise noted.
43 CFR 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 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.
(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.
43 CFR 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.
43 CFR 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 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)
43 CFR 2372.3 Subpart 2374 -- Acceptance of Jurisdiction by BLM
43 CFR 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 the lands and on any encumbrances under the public
land laws.
(35 FR 9559, June 13, 1970)
43 CFR 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 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)
43 CFR 2374.2 Group 2400 -- Land Classification
43 CFR 2374.2 PART 2400 -- LAND CLASSIFICATION
43 CFR 2374.2 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.
43 CFR 2374.2 Subpart 2400 -- Land Classification; General
43 CFR 2400.0-2 Objectives.
The statutes cited in 2400.0-3 authorize the Secretary of the
Interior to classify or otherwise take appropriate steps looking to the
disposition of public lands, and on an interim basis, to classify public
lands for retention and management, subject to requirements of the
applicable statutes. In addition to any requirements of law, it is the
policy of the Secretary (a) to specify those criteria which will be
considered in the exercise of his authority and (b) to establish
procedures which will permit the prompt and efficient exercise of his
authority with, as far as is practicable, the knowledge and
participation of the interested parties, including the general public.
Nothing in these regulations is meant to affect applicable State laws
governing the appropriation and use of water, regulation of hunting and
fishing or exercise of any police power of the State.
43 CFR 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 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 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.
43 CFR 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.
43 CFR 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 4111.1-1 or 4131.1-3 of
this chapter. This definition includes animals raised for commercial
purposes and also domestic livestock within the meaning of
4111.3-1(d)(1) of this chapter.
(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.
43 CFR 2400.0-5 PART 2410 -- CRITERIA FOR ALL LAND CLASSIFICATIONS
43 CFR 2400.0-5 Subpart 2410 -- General Criteria
43 CFR 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 policies, to the extent that those programs and policies affect the
use or disposal of the public lands.
(35 FR 9560, June 13, 1970)
43 CFR 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)
43 CFR 2410.2 PART 2420 -- MULTIPLE-USE MANAGEMENT CLASSIFICATIONS
43 CFR 2410.2 Subpart 2420 -- Criteria for Multiple-Use Management Classifications
43 CFR 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)
43 CFR 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 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)
43 CFR 2420.2 PART 2430 -- DISPOSAL CLASSIFICATIONS
43 CFR 2420.2 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.
43 CFR 2420.2 Subpart 2430 -- Criteria for Disposal Classifications
43 CFR 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
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.
43 CFR 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 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.
43 CFR 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.
43 CFR 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.
43 CFR 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 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 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 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.
43 CFR 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 2430.2-2430.5 of this section and to be not
suitable for retention for multiple use management.
43 CFR 2430.6 PART 2440 -- SEGREGATION BY CLASSIFICATION
43 CFR 2430.6 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.
43 CFR 2430.6 Subpart 2440 -- Criteria for Segregation
43 CFR 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.
43 CFR 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.
43 CFR 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:
(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.
43 CFR 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.
43 CFR 2440.4 PART 2450 -- PETITION-APPLICATION CLASSIFICATION SYSTEM
43 CFR 2440.4 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.
43 CFR 2440.4 Subpart 2450 -- Petition-Application Procedures
43 CFR 2450.1 Filing of petition.
(a) When (1) land must be classified or designated pursuant to the
authorities cited in 2400.0-3 before an application may be approved and
(2) the filing of applications is permitted prior to classification, the
application together with a petition for classification on a form
approved by the Director (hereinafter referred to collectively as a
petition-application) must be filed in accordance with the provisions of
1821.2 of this chapter. Lists indicating the proper office for filing
of applications may be obtained from the Director or any other officer
of the Bureau of Land Management. Copies of the petition for
classification form and the application forms may be obtained from the
proper offices or from the Bureau of Land Management, Washington, DC
20240.
43 CFR 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.
43 CFR 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 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.
43 CFR 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 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.
43 CFR 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.
43 CFR 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 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.
43 CFR 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.
43 CFR 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.
43 CFR 2450.8 PART 2460 -- BUREAU INITIATED CLASSIFICATION SYSTEM
43 CFR 2450.8 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.
43 CFR 2450.8 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.
43 CFR 2450.8 Subpart 2461 -- Multiple-Use Classification Procedures
Source: 35 FR 9564, June 13, 1970, unless otherwise noted.
43 CFR 2461.0-1 Purpose.
Formal action to classify land for retention for multiple use
management will be governed by the following procedures
43 CFR 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 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.
43 CFR 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.
43 CFR 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.
43 CFR 2461.4 Changing classifications.
Classifications may be changed, using the procedures specified in
this subpart.
43 CFR 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 2461.1(a) or of a notice of classification
pursuant to 2461.2 will segregate the affected land to the extent
indicated in the notice.
(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.
43 CFR 2461.5 Subpart 2462 -- Disposal Classification Procedure: Over
2,560 Acres
Source: 35 FR 9564, June 13, 1970, unless otherwise noted.
43 CFR 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.
43 CFR 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 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.
43 CFR 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.
43 CFR 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.
43 CFR 2462.4 Segregative effect of publication.
(a) Publication in the Federal Register of a notice of proposed
classification pursuant to 2462.1 or of a notice of classification
pursuant to 2462.2 will segregate the affected land from all forms of
disposal under the public land laws, including the mining laws except
the form or forms of disposal for which it is proposed to classify the
lands. However, publication will not alter the applicability of the
public land laws governing the use of the lands under lease, license, or
permit, or governing the disposal of their mineral and vegetative
resources, other than under the mining laws.
(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.
43 CFR 2462.4 PART 2470 -- POSTCLASSIFICATION ACTIONS
43 CFR 2462.4 Subpart 2470 -- Opening and Allowance
43 CFR 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)
43 CFR 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 2450.8, the lands shall be opened on an
equal-opportunity basis.
(35 FR 9565 June 13, 1970)
43 CFR 2470.2 Group 2500 -- Disposition; Occupancy and Use
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)
43 CFR 2470.2 PART 2510 -- HOMESTEADS
43 CFR 2470.2 Subpart 2511 -- Original Homesteads
Sec.
2511.0-7 Cross references.
2511.0-8 Lands subject to entry.
2511.0-9 Mortgage loans.
2511.1 Applicants.
2511.2 Initiation of claims.
2511.3 Procedures.
2511.3-1 Petitions and applications.
2511.3-2 Showing required of applicant.
2511.3-3 Payments; form of remittance; receipts; notice.
2511.3-4 Proof.
2511.3-5 Amendments; exercise of equitable powers.
2511.4 Requirements for proof.
2511.4-1 Habitable house.
2511.4-2 Residence.
2511.4-3 Cultivation.
2511.4-4 Agricultural entries of withdrawn coal lands.
2511.4-5 Noncompliance.
2511.5 Rights of widows, heirs, or devisees.
2511.5-1 On death of entryman.
2511.5-2 Heirs of contestants.
43 CFR 2470.2 Subpart 2512 -- Additional Entries
2512.1 After proof; on original claim (Act of March 2, 1889).
2512.2 For land contiguous to original entry (Act of April 28, 1904,
as amended).
43 CFR 2470.2 Subpart 2513 -- Second Entries
2513.0-7 Cross reference.
2513.1 Former entry lost, forfeited or abandoned (Act of September 5,
1914).
Authority: 43 U.S.C. 161, 43 U.S.C. 162, 43 U.S.C. 163, 43 U.S.C.
164, 43 U.S.C. 166, 43 U.S.C. 167, 43 U.S.C. 168, 43 U.S.C. 169, 43
U.S.C. 185, 43 U.S.C. 201, 43 U.S.C. 231, 43 U.S.C. 1201.
Source: 35 FR 9565, June 13, 1970, unless otherwise noted.
43 CFR 2470.2 Subpart 2511 -- Original Homesteads
43 CFR 2511.0-7 Cross references.
(a) For surveys in Alaska, and surveys and resurveys, generally, see
part 9180 of this chapter.
(b) For general regulations involving applications and entries, see
subpart 1823 of this chapter. For proofs, see subpart 1824 of this
chapter. For railroad grants see subpart 2630 of this chapter.
(c) For equitable adjudication, see subpart 1870 of this chapter.
(d) For desert-land entries, see subpart 2520 of this chapter.
(e) For soldiers' and sailors' homestead and preference rights, see
subpart 2096 of this chapter.
(f) For proofs, see subpart 1824 of this chapter.
(g) For agricultural entries on mineral lands, see subpart 2093 of
this chapter.
(h) For enlarged homesteads, see subpart 2514.
43 CFR 2511.0-8 Lands subject to entry.
The laws relating to homesteads provide that homestead entry may be
made on unappropriated surveyed public lands which are adaptable to
agricultural use, with the following exceptions:
(a) Public lands are not subject to homestead entry if they are
mineral or saline in character. However, public lands withdrawn,
classified, or valuable for coal, phosphate, nitrate, potash, oil, gas,
sodium, or asphaltic minerals may be subject to homestead entry if the
requirements of subpart 2093 of this chapter are met.
(b) Public lands are not subject to homestead entry if they are
occupied for purposes of trade or business.
(c) Public lands are not subject to homestead entry if they are
within the limits of any withdrawal, reservation, or incorporated town
or city. However, public lands withdrawn or reserved by Executive Order
6910 of November 26, 1934, as amended, or Executive Order 6964 of
February 5, 1935, as amended, or 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), are subject to homestead entry if they are
so classified pursuant to Group 2400 of this chapter.
43 CFR 2511.0-9 Mortgage loans.
(a) Mortgage loans on existing homestead entries. (1) A homestead
entryman desiring a loan on an existing homestead entry under the Act of
October 19, 1949 (63 Stat. 883, 7 U.S.C. Supp. III, secs. 1006a, 1006b)
should consult the Farmers Home Corporation of the Department of
Agriculture.
(2) Where a homestead entry subject to a mortgage loan is canceled or
relinquished and the loan has not been satisfied, a lien held by the
United States acting through the Secretary of Agriculture would attach
to the land under the Act of October 19, 1949, and such land becomes
subject to homestead entry for a period of one year from the date the
canceled entry was closed or for one year from the date the entry was
relinquished by an applicant who is qualified for an initial loan and
who has not exercised his homestead rights. An applicant for such land
must first consult the Farmers Home Corporation. Such a homestead
application must not be filed in the land office until the applicant has
been selected and directed to do so by the Farmers Home Corporation.
(3) The final arrangements of a mortgage loan between the homestead
applicant and the Farmers Home Corporation are not completed until after
the homestead application has been allowed as an entry. Upon the
allowance of such an application the entryman will be notified not to
occupy the land until he has completed the arrangements of the loan and
he has been instructed to occupy the land by the Farmers Home
Corporation.
(4) Decisions canceling homestead entries subject to such mortgage
liens for defaults on the mortgage or for noncompliance with the
homestead laws will contain a clause allowing 15 days from receipt of
notice of the decision within which to respond or to appeal.
(5) If the land in a relinquished or canceled homestead entry subject
to a mortgage lien is not entered during the period of one year from the
date of relinquishment or one year from the date the canceled homestead
entry was closed, the land will become subject to sale by the Farmers
Home Corporation.
(b) Mortgage loans on enlarged homesteads. A homestead entryman who
desires to secure a loan on an existing homestead entry, or a homestead
applicant who wishes to make a homestead entry for lands in a canceled
or relinquished homestead entry subject to a mortgage lien held by the
United States acting through the Secretary of Agriculture under the Act
of October 19, 1949 (63 Stat. 883, 7 U.S.C. Supp. III, secs. 1006a,
1006b), should proceed in accordance with paragraph (a) of this section.
(c) Mortgage liens. A mortgage lien held by the United States acting
through the Secretary of Agriculture shall not extend to mineral
deposits in the lands, which have been or may be reserved to the United
States pursuant to law.
43 CFR 2511.1 Applicants.
(a) Examination of land. (1) Persons desiring to make homestead
entries should first fully inform themselves as to the character and
quality of the lands they desire to enter, and should in no case apply
to enter until they have visited and fully examined each legal
subdivision for which they make application, as satisfactory information
as to the character and occupancy of public lands can not be obtained in
any other way.
(2) As each applicant is required to state that he is well acquainted
with the character of the land described in his application, and as all
entries are made subject to the rights of prior settlers, the applicant
can not make the statement that he is acquainted with the character of
the land, or be sure that the land is not already appropriated by a
settler, until after he has actually inspected it.
(b) Qualifications and disqualifications. Homestead entries may be
made by any person who does not come within any one of the following
classes:
(1) Married women, except as stated in paragraph (c) of this section.
(2) Persons who have already made homestead entry, except as stated
in subparts 2512 and 2513.
(3) Foreign-born persons who have not declared their intention to
become citizens of the United States.
(4) Persons who are the owners of more than 160 acres of land in the
United States.
(5) Persons under the age of 21 years who are not the heads of
families, except minors who make entry as heirs.
(6) Persons who have acquired title to or are claiming, under any of
the agricultural public land laws, through settlement or entry made
since August 30, 1890, any other lands which, with the lands last
applied for, would amount in the aggregate to more than 320 acres.
Exception is made, however, as to an entry under one of the enlarged
homestead acts, which may be allowed provided applicant's claims under
the timber and stone, desert land, and preemption laws do not make up
approximately 320 acres, and do not with the homestead claim aggregate
more than 480 acres.
(c) Married women. A married woman who has all of the other
qualifications of a homestead may make a homestead entry under any one
of the following classes:
(1) Where she has been actually deserted by her husband.
(2) Where her husband is incapacitated by disease or otherwise from
earning a support for his family and the wife is really the head and
main support of the family.
(3) Where the husband is confined in a penitentiary and she is
actually the head of the family.
(4) Where the married women is the heir of a settler or contestant
who dies before making entry.
(5) Where a married woman made improvements and resided on the lands
applied for before her marriage, she may enter them after marriage if
her husband is not holding other lands under an unperfected homestead
entry at the time of the marriage; and this last condition does not
apply if each party has had compliance with the law for 1 year next
before the marriage and neither one abandons the land prior to filing
application for entry.
(6) The marriage of an entrywoman will not defeat her right to
acquire title to the land if she continues to reside thereon and
otherwise comply with the law; but ordinarily the failure of her
husband to live upon the homestead with her is treated as an evidence of
bad faith, requiring testimony for its rebuttal. Husband and wife
cannot maintain separate residences on their respective homestead
entries, and if at the time of marriage each is holding an unperfected
entry on which residence must be had in order to acquire title, they
cannot hold both entries unless they are entitled to the benefits of the
Act of April 6, 1914, as amended by the Act of March 1, 1921 (41 Stat.
1193; 43 U.S.C. 167), explained in 166.62 (38 Stat. 312, 41 Stat.
1193; 43 U.S.C. 167).
(d) Widows. A widow, if otherwise qualified, may make a homestead
entry notwithstanding the fact that her husband made an entry and
notwithstanding she may be at the time claiming the unperfected entry of
her deceased husband.
(e) Office holders. Homestead entrymen are not entitled to any
special privileges whatsoever in connection with their claims by reason
of the fact that they are appointed or elected to public office, the
duties of which require their residence elsewhere than on the
homesteads. This also applies to civil-service employees.
(f) Insanity of entryman. Neither residence nor cultivation by an
insane homestead entryman is necessary after he becomes insane, if such
entryman made entry and established residence before he became insane
and complied with the requirements of the law up to the time his
insanity began. Proof on the entry may be submitted by his duly
appointed guardian or committee. However, if the entryman regains his
sanity before the expiration of 3 years after the date of the entry, he
is required to reestablish residence on the land and comply with the
law; and he must himself submit proof unless the unsoundness of mind
recurs.
(g) Adjoining farm entry. An adjoining farm entry may be made for
such an amount of public lands lying contiguous to lands owned and
resided upon by the applicant as will not, with the lands so owned and
resided upon, exceed in the aggregate 160 acres; but no person will be
entitled to make entry of this kind who is not qualified to make an
original homestead entry. A person who has made one homestead entry,
although for a less amount than 160 acres, and perfected title thereto,
is not qualified to make an adjoining farm entry. In connection with an
entry of this character, there must be shown the required amount of
residence and cultivation after the date thereof, but both residence and
cultivation may be had on the original tract.
43 CFR 2511.2 Initiation of claims.
(a) Ways in which claims may be initiated; area enterable. (1)
Claims in Alaska under homestead laws may be initiated by settlement on
either surveyed or unsurveyed lands of the kind mentioned in the
foregoing section. Claims may also be initiated on surveyed lands of
that kind by the presentation of an application to enter.
(2) Under the law relating to ordinary lands a homestead entry is
limited to 160 acres, but this area may sometimes be slightly exceeded
where the tract is made up of irregular subdivisions.
(b) Alienation of all or part of claim; mortgages; relinquishments.
(1) The alienation of all or any part of the land embraced in a
homestead prior to making proof, except for the public purposes
mentioned in section 2288, Revised Statutes (43 U.S.C. 174), will
prevent the entryman from making satisfactory proof, since he is
required to swear that he has not alienated any part of the land except
for the purposes mentioned in section 2288, Revised Statutes.
(2) A mortgage by the entryman prior to final proof for the purpose
of securing money for improvements, or for any other purpose not
inconsistent with good faith, is not considered such an alienation of
the land as will prevent him from submitting satisfactory proof. In
such a case, however, should the entry be canceled for any reason prior
to patent, the mortgagee would have no claim on the land or against the
United States for the money loaned. A mortgagee who files notice of his
interest in the land office becomes entitled to receive and be given the
same notice of any contest or other proceeding thereafter had affecting
the land which is required to be given the original entryman or
claimant.
(3) The right of a homestead entryman to patent is not defeated by
the alienation of all or a part of the land embraced in his entry after
the submission of final proof and prior to patent, provided the proof
submitted is satisfactory. Such an alienation is, however, at the risk
of the entryman, for if the reviewing officers of the Department of the
Interior subsequently find the final proof so unsatisfactory that it
must be wholly rejected and new proof required, the entryman can not
then truthfully make the nonalienation affidavit required by section
2291, Revised Statutes (43 U.S.C. 164), and his entry must in
consequence be canceled. The purchaser takes no better title than the
entryman had, and if the entry is canceled the purchaser's title must
necessarily fail.
(4) Relinquishments run to the United States alone, and no person
obtains any right to the land by the mere purchase of a relinquishment
of a filing or entry.
2511.3 Procedures.
43 CFR 2511.3-1 Petitions and applications.
(a) A person who desires to enter public lands outside of Alaska must
file an application together with a petition on forms approved by the
Director. However, if the lands described in the application have been
already classified and opened to homestead entry under the provisions of
this part, no petition is required. The documents must be filed in
accordance with the provisions of 1821.2 of this chapter. (See subpart
2450.)
(b) Applications for public lands in Alaska subject to entry under
the regulations of this part must be filed with the proper land office
on a form approved by the Director.
43 CFR 2511.3-2 Showing required of applicant.
(a) General requirements. Each application to enter and the
statements accompanying it must recite all the facts necessary to show
that the applicant is acquainted with the land; that the land is not,
to the applicant's knowledge, either saline or mineral in character;
that the applicant possesses all of the qualifications of a homestead
entryman; that the application is honestly and in good faith made for
the purpose of actual settlement and cultivation; and not for the
benefit of any other person, persons, or corporation; that the
applicant will faithfully and honestly endeavor to comply with the
requirements of the law as to settlement, residence, and cultivation
necessary to acquire title to the land applied for; that the applicant
is not acting as the agent of any person, persons, corporation, or
syndicate in making such entry, nor in collusion with any person,
corporation, or syndicate to give them the benefit of the land entered
or any part thereof; that the application is not made for the purpose
of speculation, but in good faith to obtain a home for the applicant,
and that the applicant has not directly or indirectly made, and will not
make any agreement or contract in any way or manner with any person, or
persons, corporation, or syndicate whatsoever by which the title he may
acquire from the Government to the lands applied for shall inure, in
whole or in part, to the benefit of any person except himself.
(b) Indian applicants -- (1) Certificate required under Act of July
4, 1884. (i) The authorizing officer will require an Indian homestead
applicant under the Act of July 4, 1884 (23 Stat. 96; 43 U.S.C. 190),
to submit a certificate from the Commissioner of Indian Affairs that he
is entitled, as an Indian, to make such an entry.
(ii) When such an application is presented without this certificate
the authorizing officer will suspend the same and notify the applicant
that 90 days are allowed within which to submit such certificate as to
the right to allotment, and that upon failure to submit the same within
the time allowed the application will be rejected.
(iii) Where an Indian has filed an allotment application and the
application has been rejected for the reason that the applicant is not
entitled as an Indian to an allotment, such action will not prejudice
the right of such applicant to file a homestead application, provided
that a certificate from the Commissioner of Indian Affairs, showing that
the applicant is entitled to the benefits of the said Act of July 4,
1884, is presented.
(2) Where Indian makes entry as citizen. If an Indian makes
application under the general homestead act, the authorizing officer
will allow such an Indian, if otherwise qualified, to make entry under
that act, without further questioning and without requiring any
certificate from the Commissioner of Indian Affairs.
(3) Charges, patents. The Act of July 4, 1884 (23 Stat. 6; 43
U.S.C. 190) expressly states that no fees or commissions shall be
charged on account of Indian homestead entries, and a patent different
in character from the non-Indian homestead patent is issued on entries
made under said act or the Act of March 3, 1875 (18 Stat. 420; 43
U.S.C. 189).
(c) Settlers, widows, devisees, or heirs. All applications by
persons claiming as settlers must in addition to the facts required in
paragraph (a) of this section state the date and describe the acts of
settlement under which they claim a preferred right of entry, and
applications by the widows, devisees, or heirs of settlers must state
facts showing the death of the settler and their right to make entry,
that the settler was qualified to make entry at the time of his death,
and that the heirs or devisees applying to enter are citizens of the
United States or have declared their intentions to become such citizens;
but they are not required to state facts showing any other
qualifications of a homestead entryman and the fact that they have made
a former entry will not prevent them from making an entry as such heirs
or devisees, nor will the fact that a person has made entry as the heir
or devisee of the settler prevent him from making an entry in his own
individual right if he is otherwise qualified to do so.
43 CFR 2511.3-3 Payments; form of remittance; receipts; notice.
(a) When a homesteader applies to make entry he must pay a
nonrefundable application service charge of $25. In addition, he must
pay with his final proof a nonrefundable service charge of $25. A
successful contestant for the lands, pursuant to the Act of May 14,
1880, as amended (21 Stat. 141, 43 U.S.C. 185) must pay, as a
cancellation service charge, an additional $10, which is not returnable.
On all final proofs made before the authorizing officer, or before any
other officer of the Bureau of Land Management authorized to take
proofs, 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 until all charges have been paid.
(b) Remittances other than cash or currency are to be made payable to
the Bureau of Land Management. Checks or drafts are accepted subject to
collection and final payment without cost to the government.
(c) A receipt for the money tendered in connection with an
application to enter is at once issued, but this is merely evidence that
the money has been paid and as to the purpose thereof. If the
application is allowed and the entry placed of record, formal notice of
this fact is issued on the prescribed form; if the application is
rejected or suspended, notice of such action is forwarded to the
applicant as soon as practicable.
43 CFR 2511.3-4 Proof.
(a) Time for making. (1) Either final or commutation proof may be
made at any time when it can be shown that there is a habitable house
upon the land and that the required residence and cultivation have been
had. Proof must be submitted within 5 years. Failure to submit proof
within the proper period is ground for cancellation of the entry unless
good reason for the delay appears; satisfactory reasons being shown,
final certificate may be issued.
(2) Final proofs in all cases where the same are required by the
general land laws or regulations of the Department, should be taken in
accordance with the published notice: Provided, however, That such
testimony may be taken within 10 days following the time advertised in
cases where accident or unavoidable delays have prevented that applicant
or his witnesses from making such proof on the day specified.
(b) Officers qualified to take proof. Final or commutation proofs
may be made before any of the officers mentioned in 1821.3-2 of this
chapter as being authorized to administer oaths.
(c) Notice; publication. (1) Any person desiring to make homestead
proof should first forward a written notice of his desire to the
authorizing officer of the proper office, giving his post-office
address, the number of his entry, the name and official title of the
officer before whom he desires to make proof, the place at which the
proof is to be made, and the name and post-office addresses of at least
four of his neighbors who can testify from their own knowledge as to
facts which will show that he has in good faith complied with all the
requirements of the law.
(2) The authorizing officer will issue a notice naming the time and
place for submission of proof and cause same to be published at
entryman's expense for 30 days preceding submission of proof in the
newspaper designated by the manager. The publication must be made once
a week for five consecutive weeks, in accordance with 1824.3 of this
chapter.
(3) The homesteader must arrange with the publisher for publication
of the notice of intention to make proof and make payment therefor
directly to him. The authorizing officer will be responsible for the
correct preparation of the notice.
(4) On the day named in the notice the entryman must appear before
the officer designated to take proof with at least two of the witnesses
named in the notice; but if for any reason the entryman and his
witnesses are unable to appear on the date named, the officer should
continue the case from day to day until the expiration of 10 days, and
the proof may be taken on any day within that time when the entryman and
his witnesses appear, but they should, if it is possible to do so,
appear on the day mentioned in the notice.
(d) Who may submit proof -- (1) General requirements. Final proof
must be made by the entrymen personally or their widows, heirs, or
devisees, and can not be made by agents, attorneys in fact,
administrators, or executors, except as explained in 2511.1 and
2511.3-4(d)(4)(i) and 2511.5-1(a). Final proof can be made only by
citizens of the United States.
(2) Minor orphans of soldiers and sailors. Where entries are made
and proof offered for minor orphan children of soldiers or sailors the
minors may be represented by their guardian.
(3) When homesteaders intermarry. (i) Where a homestead entryman or
settler and a homestead entrywoman or settler intermarry after each has
fulfilled the requirements of the law for 1 year, the husband (under the
provisions of the Act of April 6, 1914 (38 Stat. 312) as amended by the
Act of March 1, 1921 (41 Stat. 1193; 43 U.S.C. 167)) may elect on which
of the entries the home shall be made, after which their residence there
shall constitute compliance with the residence requirements as to both
homesteads.
(ii) The Act of April 6, 1914, as amended, applies to entries and
settlement claims initiated before or after its date, and before or
after the date of the amendatory act; to become entitled to its
benefits, it is required that each of the parties shall have complied
with the requirements of the homestead laws for not less than 1 year
next preceding their marriage. It is not necessary that either the
husband or the wife shall have had an entry place of record before the
marriage.
(iii) The law confers upon the husband the privilege of electing on
which of the two entries the family shall reside. His election must be
supported by the statements of both the parties, describing their
entries and showing the facts as to the residence, cultivation, and
improvements already had in connection therewith. Only in cases where
the tracts involved are situated in different districts will it be
necessary that the election and statements be executed in duplicate;
then copies of all papers must be filed in each office.
(iv) Though the election be accepted, proofs on the entries will be
submitted separately, as in other cases; it will be necessary to show
residence on the selected homestead from approximately the date of the
marriage, and on the entries of the respective parties before that time.
The Act of April 6, 1914, as amended, makes no change whatever in the
requirements as to cultivation or improvements, as the case may be, or
as to the necessity of having a habitable dwelling on the land;
compliance with the homestead law in these regards must be shown as to
each entry, precisely as though the marriage had not taken place. In no
case can proof be made on a claim before an entry for the land involved
shall have been duly placed on record in accordance with an approved
survey.
(v) If proof be made on the entry selected as the home before title
to the other is earned, residence may nevertheless be continued on the
perfected entry and credited to the other. However, the act has no
application to cases where the requirements of law have been fulfilled,
and proof made, as to one of the entries prior to the marriage.
(4) Deserted wife. (i) The Act of October 22, 1914 (38 Stat. 766;
43 U.S.C. 170), provides where the wife of a homestead settler or
entryman, while residing upon the homestead claim and prior to the
submission of final proof, has been abandoned and deserted by her
husband for more than 1 year, she may submit proof (by way of
commutation or otherwise), on the entry and secure patent in her own
name, being allowed credit for all residence and cultivation had and
improvements made, either by herself or by her husband.
(ii) Upon the wife's filing notice of intention to submit proof,
together with a statement alleging desertion, as stated in (d)(4)(i) of
this section, and paragraph, all information in her possession as to the
entryman's whereabouts, including his last known post-office address and
the address near the land where he received his mail, the authorizing
officer will prepare and issue a summons in substantially the following
form and deliver it to the wife for service:
To (here insert name) homestead entryman:
You are hereby notified that (here insert name), claiming that she is
your wife, and that you have abandoned and deserted her for more than
one year last past, has filed application to be allowed to submit proof
upon your homestead entry, serial No. ---- , for (here insert
description of the land), to the end that patent for the land may issue
in her name. This proceeding is authorized by the provisions of an act
of Congress approved October 22, 1914, and you will be allowed 30 days
after notice hereof within which to file in this office your denial of
the charges. If such denial be filed, you may, at the time to be set
for taking of proof or on a date to be then fixed, offer testimony in
support of such denial:
(iii) Personal service of the summons must be made if possible; such
service may be made by any person over the age of 18 years, or by
registered mail. When served by registered mail, proof thereof must be
accompanied by post-office registry return receipt, showing delivery of
the letter to the entryman; where service is made otherwise than by
mail, proof thereof must be by written acknowledgment of the entryman,
or by statement of the person serving the summons, showing its delivery
to the entryman. If personal service cannot be made, the summons must
be sent by registered mail to the last known address of entryman and to
the post office nearest the land, or to that near the land named by the
wife in her preliminary statement; proof of such attempted service
shall be by a statement of the person mailing the letter, to which
should be attached the postmaster's receipts therefor.
(iv) Within 30 days after service of summons, the entryman may file
his statement denying the charge of abandonment and desertion. The
denial must bear evidence that a copy thereof has been served on the
wife.
(v) After the expiration of 30 days from personal service of the
summons, or 40 days from the date of mailing, unless a denial by
entryman be sooner filed, the authorizing officer will issue notice of
intention to submit proof. The form in general use must be modified to
show that the proof is to be submitted by the deserted wife, and must
contain a paragraph as follows:
The entryman (here insert name) is notified that, by submission of
said proof, his wife (here insert name) seeks to obtain patent for the
land in her own name.
(vi) If the entryman shall have filed denial of the alleged desertion
and abandonment, and appears, in person or by agent or attorney, on the
day set for the taking of proof, testimony may be submitted to determine
the facts relative to the alleged desertion, and the final proof
testimony will be taken in accordance with existing regulations. But
the authorizing officer, for any reason deemed sufficient, may continue
the hearing to a later date.
(a) At the hearing on the denial of desertion the entryman must pay
the costs of taking the testimony.
(b) All hearings and subsequent proceedings shall be in accord with
parts 1840 and 1850 of this chapter pertaining to contests.
(vii) If entryman fails to deny the charge of desertion, or if same
be sustained and the case closed, final certificate shall issue in the
name of the deserted wife, provided the proof be in all respects
sufficient.
(e) Citizenship requirements. (1) When proof is submitted it must be
shown that the homesteader is a citizen of the United States: Provided,
however, That a homestead entrywoman who is a citizen when she makes her
filing and thereafter marries an alien need not show that her husband is
an American citizen, but must show that he is entitled to become one (38
Stat. 740; 43 U.S.C. 168).
(2) In all cases of applications for entry or proofs in support of
entries by married women otherwise duly qualified to make such entry or
proof, a showing must be made of the facts concerning the marital status
and citizenship in accordance with subpart 1811 of the chapter.
(3) Evidence of declaration of intention to become a citizen of the
United States or other evidence necessary to establish citizenship of
foreign-born applicants should be received only when made in accordance
with subpart 1811 of this chapter.
43 CFR 2511.3-5 Amendments; exercise of equitable powers.
Applications for amendment presented pursuant to 1821.6-5(a) will
not be granted, except where at least one legal subdivision of the lands
originally entered is retained in the amended entry, and any such
application must be submitted within 1 year next after discovery by the
entryman of the existence of the conditions relied upon as entitling him
to the relief he seeks, or within 1 year succeeding the date on which,
by the exercise of reasonable diligence, the existence of such
conditions might have been discovered: 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 1821.6 and 2521.7(a) and on the
prescribed form, insofar as the same are applicable. A supplemental
statement should also be furnished, if necessary, to show the facts.
2511.4 Requirements for proof.
43 CFR 2511.4-1 Habitable house.
The homestead entryman must have a habitable house upon the land
entered at the time of submitting proof. Other improvements should be
of such character and amount as are sufficient to show good faith.
43 CFR 2511.4-2 Residence.
(a) For 3-year proof. With the exception of adjoining farm homestead
entries and entries allowed under certain laws not requiring residence,
a homestead entryman must establish residence upon the tract entered
within 6 months after date of the entry, unless an extension of time is
allowed, as explained in paragraph (c) of this section and must maintain
residence there for a period of 3 years. However, he may have credit
for residence as well as cultivation before the date of entry if the
land was, during the period in question, subject to appropriation by him
or included in an entry against which he had initiated a contest
resulting afterwards in its cancellation. Moreover, he may absent
himself for a portion or portions of each year after making entry and
establishing residence, as more fully explained in paragraph (e)(1)(i)
of this section.
(b) For commutation proof. (1) All original second, and additional
homestead, and adjoining farm entries may be commuted, except such
entries as are made under particular laws which forbid their
commutation.
(2) The entryman, or his statutory successor, must show that
substantially continuous residence upon the land was maintained until
the submission of the proof or filing of notice of intention to submit
same, the existence of a habitable house on the claim and cultivation of
the area commuted to the extent required under the ordinary homestead
laws, that is, cultivation of one-sixteenth of the area during the
second year of the entry, and one-eighth during the third entry year and
until final commutation proof. However, the proof may be accepted where
actual residence on the land for the required period of 14 months is
shown, even though slightly broken, provided it be in reasonably compact
periods; and the failure to continue the residence until filing of
notice to submit proof will not prevent its acceptance if the Bureau of
Land Management be fully satisfied of entryman's good faith, and
provided no contest or adverse proceedings shall have been initiated for
default in residence, or other good cause, prior to filing of such
notice. Credit for residence and cultivation before the date of entry
may be allowed under the conditions explained in 2511.4-3(a), as to
3-year proof.
(3) An entryman submitting commutation proof may add together, to
make up the 14 months, periods of residence before and after an absence
under a leave of absence regularly granted, or an absence of not
exceeding 5 months of which he had given notices as provided by the Act
of June 6, 1912 (37 Stat. 123; 43 U.S.C. 164).
(4) A person submitting commutation proof must, in addition to
certain fees pay the price of the land; this is ordinarily $1.25 per
acre, but is $2.50 per acre for lands within the limits of certain
railroad grants. The price of certain ceded Indian lands varies
according to their location, and inquiry should be made regarding each
specific tract.
(5) The claimant must show full citizenship, as in case of 3-year
proof.
(6) The provisions of law explained in 2511.4-3(b) apply to
commutation proof also.
(7) Commutation proof can not be made on homestead entries allowed
under the Act of April 28, 1904 (33 Stat. 547; 43 U.S.C. 224), known as
the Kinkaid Act; entries under the Reclamation Act of June 17, 1902 (32
Stat. 388; 43 U.S.C. 372 et seq.); entries under the Enlarged
Homestead Act (35 Stat. 639; 43 U.S.C. 218); entries allowed on coal
lands under the Act of June 22, 1910 (36 Stat. 583; 30 U.S.C. 83-85),
so long as the land is withdrawn or classified as coal; additional
entries allowed under the Act of April 28, 1904 (33 Stat. 527; 43
U.S.C. 213); second entries allowed under the Act of June 5, 1900 (31
Stat. 269; 43 U.S.C. 217); second entries allowed under the Act of May
22, 1902 (32 Stat. 203; 25 U.S.C. 423); when the former entry was
commuted; or entries within forests under the Act of June 11, 1906 (34
Stat. 233; 16 U.S.C. 506-509).
(c) Extension of time to establish. (1) Where, for climatic reasons,
or on account of sickness, or other unavoidable cause, residence cannot
be established on the land within 6 months after the date of the entry,
additional time, not exceeding 6 months, may be allowed. An application
for such extension must include the statements of the entryman and two
witnesses acquainted with the facts. The application should set forth
in detail the grounds upon which it is based, including a statement as
to the probable duration of the hindering causes and the date when the
claimant may reasonably expect to establish his residence.
(2) If the extension is granted, it protects the entry from contest
on the ground of the homesteader's failure to establish residence within
the first 6 months' period, unless it be shown that the order for
extension was fraudulently obtained. But the failure of the entryman to
apply for an extension of time does not forfeit his right to show, in
defense of a contest, the existence of conditions which might have been
made the basis for such an application.
(3) All applications must be accompanied by an application service
fee of $5 which will not be returnable.
(d) Reduction in requirements -- (1) Authority. The Act of February
25, 1919 (40 Stat. 1153; 43 U.S.C. 231), authorizes the authorizing
officer of the proper office to grant to such homesteaders as make
proper showing in their applications that the climatic conditions make
residence on the homestead for 7 months in each year a hardship a
reduction in the terms of residence to 6 months in each year over a
period of 4 years, or to 5 months in each year over a period of 5 years;
but the total residence required need not exceed 25 months, but less
than 5 of which shall be in each year and proof must be submitted within
5 years.
(2) To 6 months in each year. (i) An entryman desiring to avail
himself of the privilege accorded by the Act of February 25, 1919, must,
within 1 year after the allowance of his entry, file in the proper
office an application (preferably on the approved form) corroborated by
two witnesses, setting forth the climatic conditions which would render
it a hardship to reside upon the land for as much as 7 months in each
year, and stating whether he wishes the requirement in his case to be
fixed at 6 months' residence in 4 successive years or at 5 months'
residence in 5 successive years. The statement of claimant and the
witnesses need not be sworn to. If the showing is satisfactory, the
authorizing officer will allow it. If it is not satisfactory, he will
reject the application, subject to the usual right of appeal, and all
appeals will be forwarded promptly.
(ii) If the application requests a reduction to 5 months' residence
in each year, the authorizing officer may, if proper, grant partial
relief; that is, fix the residence period at 6 months in each year, his
decision being subject to review by the Bureau of Land Management on
appeal from his decision, of which the party will be notified with all
promptness.
(iii) All applications must be accompanied by an application service
fee of $5 which will not be returnable.
(3) To 5 months in each year. (i) Where a homesteader has secured a
reduction of the residence requirements to 6 months in each year, he
may, at or before the termination of the second year of his entry, file
application for further reduction; that is, to 5 months in each of 5
years.
(ii) All applications must be accompanied by an application service
fee of $5 which will not be returnable.
(4) Conditions warranting reduction. To entitle a homesteader to the
benefits of the Act of February 25, 1919, he must show that the climatic
conditions in the vicinity of the land entered are ordinarily, not in
exceptional years, such as would render it a hardship for him to reside
there for a greater part of each year than for 5 or for 6 months, as the
case may be.
(5) Residence each year in one continuous period. Under this
provision of the Act of February 25, 1919, there is no authority to
allow two absence periods, but the 5 months' residence or the 6 months'
residence, as the case may be, must be in one continuous period.
(6) Time for making proof. (i) Proof on an entry must be made within
5 years after its allowance, notwithstanding the fact that relief may
have been granted under the Act of February 25, 1919, but the
homesteader need not wait until the termination of his fifth residence
year before submitting proof, provided he has had the last required
period of residence.
(ii) An entry which is otherwise subject to commutation may be
commuted, notwithstanding the granting of relief to the homesteader
under this provision of law; but the periods of actual residence on the
land must aggregate at least 14 months, and cultivation of not less than
one-sixteenth of the area during the second year of the entry and
one-eighth during the third entry year and until final commutation proof
must be shown, unless a reduction has been granted in the requirements
in that regard.
(7) Credit for military service. Credit on account of a period of
military service will be allowed as on other entries, but at least 1
year's compliance with the homestead laws must be shown in every case.
(8) Absence by settlers on unsurveyed lands. A homestead settler on
unsurveyed lands who makes the showing required by paragraphs (d)(1) to
(7) of this section and who gives notice of the approximate location of
the lands settled upon and claimed may be granted the benefits of the
Act of February 25, 1919 (40 Stat. 1153; 43 U.S.C. 231), providing for
prolonged absences due to climatic conditions.
(e) Absences -- (1) Up to 5 months. During each year, beginning with
the date of establishment of actual residence, the entryman may absent
himself from the land for not more than two periods, aggregating as much
as 5 months. In order to be entitled to such absences the entryman need
not file applications therefor, but must each time he leaves the land
file at the proper office (by mail or otherwise) notice of the time of
leaving; and upon his return to the land he must notify said office of
the date thereof. If he has returned after an absence of less than 5
months and file notice of his return, he may, without any intervening
residence again absent himself, pursuant to new notice, for the
remaining part of 5 months within the residence year. However, two
absences in different residence years, reckoned from the date when
residence was established, must be separated by substantial periods if
they together make up more than 5 months.
(2) For 1 year. (i) Leave of absence for 1 year or less may be
granted by the authorizing officer of the proper office to entrymen who
have established actual residence on the lands in cases where total or
partial failure or destruction of crops, sickness, or other unavoidable
casualty has prevented the entryman from supporting himself and those
dependent on him by cultivation of the land. Application for such leave
of absence must be signed by the applicant and corroborated by at least
one witness in the land district or county within which the entered
lands are located. It must describe the entry and show the date of
establishing residence on the land and the extent and character of the
improvements and cultivation performed by applicant. It must also set
forth fully the facts on which the claimant bases his right to leave of
absence, and where sickness is given as the reason a certificate signed
by a reputable physician should be furnished if practicable. The period
during which a homesteader is absent from his claim pursuant to a leave
duly granted cannot be counted in his favor.
(ii) All applications for leave of absence for one year or less
because of failure of crops, sickness, or other unavoidable casualty
must be accompanied by an application service fee of $5 which will not
be returnable.
(f) Contest. Where a contest is initiated against an entry, prior to
filing of notice to submit commutation proof, the entry will be
considered under sections 2291 and 2297, Revised Statutes, as amended
(43 U.S.C. 164, 169), and the homesteader's absence will not be excused
upon the ground that he has complied with the law for 14 months and is
under no obligation to further reside upon the land. However, a contest
for abandonment cannot be maintained if the absence after the 14 months'
residence is pursuant to a leave of absence regularly and properly
granted under the Act of March 2, 1889 (25 Stat. 854; 43 U.S.C. 234),
or under conditions which would have entitled the entryman to such leave
upon formal application therefor, and such absence will not prevent the
submission of acceptable commutation proof.
43 CFR 2511.4-3 Cultivation.
(a) For 3-year proof. (1) Cultivation of the land in a manner
reasonably calculated to produce profitable results is required for a
period of at least 2 years. This must consist of actual breaking of the
soil, followed by planting, sowing of seed, tillage for a crop other
than native grasses, and, in areas where rainfall is inadequate, the
application of such amounts of water as may reasonably be required to
produce a crop. However, tilling of the land, or other appropriate
treatment, for the purpose of conserving the moisture with a view of
making a profitable crop the succeeding year, will be deemed cultivation
within the terms of the act (without sowing of seed) where that manner
of cultivation is necessary or generally followed in the locality.
(2) During the second year not less than one-sixteenth of the area
entered must be actually cultivated, and during the third year, and
until final proof, cultivation of not less than one-eighth must be had.
These requirements are the same as to homesteads under the general law
and under the enlarged homestead acts, and the years in question begin
to run, not from the establishment of residence, but from the date of
the entry. The required area of cultivation may be reduced, under
certain conditions, as set forth in paragraph (b) of this section.
Moreover, the requirements as to cultivation have been eliminated as to
certain homestead claims initiated prior to February 5, 1937, as set
forth in paragraphs (b)(1) to (3) of this section.
(b) Reduction of requirements. (1) The requirements as to
cultivation may be reduced if the land entered is so hilly or rough, the
soil so alkaline, compact, sandy, or swampy, or the precipitation of
moisture so light as not to make cultivation of the required amounts
practicable, or if the land is generally valuable only for grazing.
When action is taken on an application for a reduction of the required
area of cultivation, consideration will be given all the attendant facts
and circumstances, and if it appears that at the date of the initiation
of the claim the conditions were such as to indicate to a prudent person
that cultivation of the required acreage was not reasonably practicable
or that there was a lack of good faith on the part of the claimant in
making the entry, the application will be subject to rejection. An
application for reduction must be filed at the proper office on the form
prescribed therefor, and should set forth in detail the special
conditions on which the claim to a reduction is based.
(2) A reduction may be allowed also if the entryman, after making
entry and establishing residence, has met with misfortune which renders
him reasonably unable to cultivate the prescribed area. In this class
of cases an application for reduction is not to be filed, but notice be
submitted to the authorizing officer of the proper office, within 60
days after its occurrence; upon satisfactory proof regarding the
misfortune at the time of submitting final proof a reduction in area of
cultivation during the period of disability following the misfortune may
be permitted.
(3) No reduction in area of cultivation will be permitted on account
of expense in removing the standing timber from the land. If lands are
so heavily timbered that the entryman cannot reasonably clear and
cultivate the area prescribed by the statute, such entries will be
considered speculative and not made in good faith for the purpose of
obtaining a home. The foregoing applies to lands containing valuable or
merchantable timber and will not preclude the reduction of area of
cultivation on proper showing in cases where the presence of stumps,
brush, lodge pole pine, or other valueless or nonmerchantable timber
prevents the clearing and cultivation of the prescribed area.
(4) Applications for reduction in area of cultivation will be acted
upon by the authorizing officer of the proper office, who may in
appropriate cases defer action until final proof, but his decision in
granting or refusing applications for reduction in area shall be subject
to review, upon appeal, by the Director, Bureau of Land Management and
by the Secretary of the Interior.
(5) All applications for reduction in area of cultivation must be
accompanied by an application service fee of $5 which will not be
returnable.
43 CFR 2511.4-4 Agricultural entries of withdrawn coal lands.
The Act of March 3, 1909 (35 Stat. 844; 30 U.S.C. 81) is for the
protection of surface rights of nonmineral entrymen where the lands were
subsequently classified, claimed, or reported as being valuable for
coal, and the Act of June 22, 1910 (36 Stat. 583; 30 U.S.C. 83-85),
provides for the allowance of certain nonmineral entries for land having
been withdrawn or classified as coal lands. These acts have separated
the surface from the coal deposits for the purpose of allowance of
certain nonmineral entries, and the Act of June 25, 1910, was not
intended to repeal said acts. Therefore, where applications are
presented to make final proof on nonmineral entries made prior to
withdrawal, for the purposes of classifying the coal deposits, the
disposition of such applications should be made with especial reference
to the provisions of the Act of March 3, 1909, and as to such lands
certain nonmineral entries may be allowed, as provided for by the Act of
June 22, 1910, notwithstanding their withdrawal under Act of June 25,
1910.
43 CFR 2511.4-5 Noncompliance.
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.
2511.5 Rights of widows, heirs, or devisees.
43 CFR 2511.5-1 On death of entryman.
(a) If a homestead entryman dies without having submitted final
proof, his rights under the entry pass to his widow, or, if there be
none, and the children if any are not all minors, then to his heirs or
devisees. However, if all the heirs be minor children of the entryman
or entrywoman, and their other parent be dead, the entry is not subject
to devise. In such a case the right to a patent vests in the children
at once upon proof only of the death of both parents and that they are
the only children of the homesteader, provided, as to a male
homesteader, that there be no widow. The law provides, in the
alternative, that the executor, administrator, or guardian may, within
two years after the death of the surviving parent, sell the land for the
benefit of the children, in accordance with the law of the State where
they are domiciled. In such cases it is required that there be
furnished record evidence of an order for the sale made by a court of
competent jurisdiction. In any event, publication and posting of notice
of intention to submit proof or to ask issuance of patent to the
purchaser is required.
(b) Persons succeeding as widow, heirs, or devises to the rights of a
homestead entryman are not required to reside upon the land covered by
the entry, but they must cultivate it as required by law for such period
as will, added to the entryman's period of compliance with the law,
aggregate the required term of 3 years. They are allowed a reasonable
time after the entryman's death within which to begin cultivation,
proper regard being had to the season of the year at which said death
occurred. If they desire to commute the entry they must show a 14
months' period of such residence and cultivation on the part of
themselves or the entryman, or both, as would have been required of him
had he survived. They must in all cases show that they are citizens of
the United States regardless of the question whether the entryman was
himself a citizen. Moreover, the entry may not be completed by the
widow, heirs, or devisee of a homestead entryman unless he himself had
complied with the law in all respects to the date of his death, and they
must also show, at the time of final proof, that there is a habitable
house on the land.
43 CFR 2511.5-2 Heirs of contestants.
If a contestant dies after having secured the cancellation of an
entry, his right as a successful contestant to make entry passes to his
heirs; and if the contestant dies before he has secured the cancelation
of the entry he has contested, his heirs may continue the prosecution of
his contest and make entry if they are successful in the contest. In
either case, to entitle the heirs to make entry they must show that the
contestant was a qualified entryman at the date of his death; and in
order to earn a patent the heirs must comply with all the requirements
of the law under which the entry was made, to the same extent as would
have been required of the contestant had he made entry.
43 CFR 2511.5-2 Subpart 2512 -- Additional Entries
43 CFR 2512.1 After proof; on original claim (Act of March 2, 1889).
(a) Statutory authority. Section 6 of the Act of March 2, 1889 (25
Stat. 854; 43 U.S.C. 214), permits the entry, by a person otherwise
qualified, who prior to the date of his application for additional entry
has made homestead entry, submitted final proof thereon, and received
the authorizing officer's final receipt for a quantity of land less than
160 acres, of so much additional land, either contiguous or
noncontiguous to the land original entered by him, as shall not with it
exceed a total of 160 acres.
(b) Petitions and applications. A person who desires to make an
additional homestead entry under section 6 of the Act of March 2, 1889,
must comply with the provisions of 2511.3. In addition, he must file
with the prescribed form or forms a reference to the Act of March 2,
1889, and a description, by number, section, township, and range of his
original entry, together with the date of the issuance of the final
receipt thereon. He is not required to show that he is still the owner
or occupant of the land originally entered.
(c) Residence, cultivation, and proof required. Upon allowance of
the additional entry, entrymen will be required within the period
prescribed by the homestead laws and regulations to establish residence
upon the land entered and to reside upon and cultivate the land for the
period required by the homestead laws, and within the period prescribed
by statute, to submit proof of such residence and cultivation as in
other homestead cases.
(35 FR 9571, June 13, 1970)
43 CFR 2512.2 For land contiguous to original entry (Act of April 28,
1904, as amended).
(a) Authority. Section 2 of the Act of April 28, 1904 (33 Stat.
527; 43 U.S.C. 213), as amended by the Act of August 3, 1950 (64 Stat.
398; 43 U.S.C. 213) authorizes any person who theretofore entered, or
might thereafter enter, less than 160 acres of land under the homestead
laws who has not perfected the entry, or, if proof has been made, who
still owns and occupies the land, to enter other and additional lying
contiguous to the original entry which, with the land first entered and
occupied will not in the aggregate exceed 160 acres. Section 3 of the
Act of April 28, 1904 (33 Stat. 527; 43 U.S.C. 213), prohibits the
submission of commutation proof of an entry made under that act.
(b) Petitions and applications. A person who desires to make an
additional homestead entry under section 2 of the Act of April 28, 1904,
must comply with the provisions of 2511.3-1. In addition, he must file
with the prescribed form or forms a reference to the Act of April 28,
1904, and a description by number, section, township, and range of his
original entry. He must also show that he owns and resides upon the
land embraced in his original entry.
(c) Final proof. Before proof may be submitted as a basis for patent
under the Act of April 28, 1904, as amended, the entryman must show that
he has cultivated an amount equal to one-eighth of the area of the
additional entry for at least one year after the additional entry is
made and until the submission of final proof thereon. The cultivation
may be performed on the original entry, on the additional entry, or on
both, but where it is performed on the original entry it must be shown
at the time of submission of final proof on the additional entry that
the entryman still owns and occupies the original entry, and the
cultivation must be in addition to that required and relied upon in
making final proof on the original entry. No proof of residence will be
required with respect to the additional entry. The Act of April 28,
1904, as amended, provides that final proof for the additional entry may
be submitted only at the time of final proof for the original entry, or
subsequent thereto, but it must be submitted within five years after the
additional entry is made.
(d) Cancellation of original entry. An additional entry under the
Act of April 28, 1904, as amended, cannot be based on an original entry
which has been canceled. If for any reason an original entry is
canceled after the additional has been allowed, the additional will be
canceled also.
(35 FR 9572, June 13, 1970)
43 CFR 2512.2 Subpart 2513 -- Second Entries
43 CFR 2513.0-7 Cross reference.
For enlarged homesteads see subpart 2514.
(35 FR 9572, June 13, 1970)
43 CFR 2513.1 Former entry lost, forfeited or abandoned (Act of
September 5, 1914).
(a) Where a person has made a homestead entry or entries but failed
to perfect them, his right to make another homestead entry is governed
by the Act of September 5, 1914 (38 Stat. 712; 43 U.S.C. 182) which
provides that the applicant must show to the satisfaction of the
Secretary of the Interior that the prior entry or entries were made in
good faith, were lost, forfeited, or abandoned because of matters beyond
his control, and that he has not speculated in his right, nor committed
a fraud or attempted fraud in connection with such prior entry or
entries.
(b) The question whether the first entry, or entries, were made
before or after the passage of the Act of September 5, 1914 is entirely
immaterial. Moreover, it will be seen that the act imposes upon the
Bureau of Land Management the duty of passing upon the good faith of the
applicant, there being no hard and fast provision, as in the Act of
February 3, 1911 (36 Stat. 896) limiting its benefits to a clearly
defined class of persons.
(c) In order that the Bureau of Land Management may properly pass
upon the right of an applicant for second entry, he must (besides filing
in the proper land office an application to enter a specific tract)
furnish his statement showing the following facts:
(1) Data from which his first entry (or entries) may be identified,
preferably its series and number, as well as a description of the tract
by section, township and range.
(2) What examination of the land and what inquiries as to its
character he made prior to filing his previous application (or
applications) for entry and in case of desert-land entries, what reason
he had to believe that the required proportion of the tracts could be
reclaimed by him through irrigation.
(3) With reference to a homestead entry, whether he established
residence upon the tract, and, if so how long he lived there and what
cultivation he effected; as to a desert-land entry, whether he took
possession of the tract, and if so, how long he continued to exercise
acts of ownership thereover.
(4) What improvements, if any, he made upon the land, describing in
detail their nature and cost.
(5) The date of his abandonment of the claim and the reason therefor
and whether he ever executed a relinquishment of the entry.
(6) What consideration, if any, he received for abandoning or
relinquishing the entry; also whether he sold the improvements on the
tract, giving full details as to said sale, if any, including the date
thereof and the consideration received.
(d) The statement described in the preceding section must be signed
by the applicant and must be corroborated on all matters susceptible of
corroboration by at least one witness having knowledge of the facts, or
there may be several witnesses, each testifying on some material point;
statements of witnesses must be signed by them. Appropriate blank forms
will be furnished by the authorizing officer.
(35 FR 9572, June 13, 1970)
43 CFR 2513.1 PART 2520 -- DESERT-LAND ENTRIES
43 CFR 2513.1 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.
43 CFR 2513.1 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.
43 CFR 2513.1 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.
43 CFR 2513.1 Subpart 2523 -- Payments
2523.1 Collection of purchase money and fees; issuance of final
certificate.
2523.2 Amounts to be paid.
43 CFR 2513.1 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 non-payment of water-right
charges.
43 CFR 2513.1 Subpart 2520 -- Desert-Land Entries: General
Authority: R.S. 2478; 43 U.S.C. 1201.
Source: 35 FR 9581, June 13, 1970, unless otherwise noted.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 2520.0-7 Cross references.
(a) For assignment of desert-land entries within Government
reclamation projects, see 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 2511.4-2(a).
43 CFR 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 2093.0-3 to 2093.0-7. Applications to make desert-land
entries of lands within a naval petroleum reserve must be rejected, as
no desert-land entry may be allowed for such lands.
(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.
43 CFR 2520.0-8 Subpart 2521 -- Procedures
Source: 35 FR 9582, June 13, 1970, unless otherwise noted.
43 CFR 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 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 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
2520.0-8(b).
43 CFR 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
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
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 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.
43 CFR 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
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 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.
43 CFR 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.
43 CFR 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 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 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.
43 CFR 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 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 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 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
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 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.
43 CFR 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 1821.6-5(a) of
this chapter will not be granted, except where at least one legal
subdivision of the lands originally entered is retained in the amended
entry, and any such application must be submitted within 1 year next
after discovery by the entryman of the existence of the conditions
relied upon as entitling him to the relief he seeks, or within 1 year
succeeding the date on which, by the exercise of reasonable diligence,
the existence of such conditions might have been discovered: 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 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 2521.2.
43 CFR 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.
43 CFR 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.
43 CFR 2521.9 Subpart 2522 -- Extensions of Time To Make Final Proof
Source: 35 FR 9587, June 13, 1970, unless otherwise noted.
43 CFR 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.
43 CFR 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 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 2522.6 Subpart 2523 -- Payments
43 CFR 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.
(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)
43 CFR 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)
43 CFR 2523.2 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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).
43 CFR 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
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
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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 2524.8 PART 2530 -- INDIAN ALLOTMENTS
43 CFR 2524.8 Subpart 2530 -- Indian Allotments: General
Sec.
2530.0-3 Authority.
2530.0-7 Cross reference.
2530.0-8 Land subject to allotment.
43 CFR 2524.8 Subpart 2531 -- Applications, Generally
2531.1 Qualifications of applicants.
2531.2 Petition and applications.
2531.3 Effect of application.
43 CFR 2524.8 Subpart 2532 -- Allotments
2532.1 Certificate of allotment.
2532.2 Trust patent.
43 CFR 2524.8 Subpart 2533 -- Allotments Within National Forests
2533.0-3 Authority.
2533.0-8 Land subject to allotment.
2533.1 Application.
2533.2 Approval.
43 CFR 2524.8 Subpart 2530 -- Indian Allotments: General
Authority: R.S. 2478, 34 Stat. 197; 43 U.S.C. 1201, 48 U.S.C.
357.
43 CFR 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), 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)
43 CFR 2530.0-7 Cross reference.
For native allotments in Alaska see subpart 2561 of this chapter.
(35 FR 9589, June 13, 1970)
43 CFR 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)
43 CFR 2530.0-8 Subpart 2531 -- Applications, Generally
43 CFR 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 the Indian Office. The required
forms may be obtained as stated in 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.
(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)
43 CFR 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 2531.1(b). However, if the lands described
in the application have been already classified and opened for
disposition under the provisions of this part, no petition is required.
The documents must be filed in accordance with the provisions of 1821.2
of this chapter.
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)
43 CFR 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)
43 CFR 2531.3 Subpart 2532 -- Allotments
43 CFR 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)
43 CFR 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 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)
43 CFR 2532.2 Subpart 2533 -- Allotments Within National Forests
Source: 35 FR 9591, June 13, 1970, unless otherwise noted.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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)
43 CFR 2533.2 PART 2540 -- COLOR-OF-TITLE AND OMITTED LANDS
43 CFR 2533.2 Subpart 2540 -- Color-of-Title: Authority and
Definitions
Sec.
2540.0-3 Authority.
2540.0-5 Definition.
43 CFR 2533.2 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.
43 CFR 2533.2 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.
43 CFR 2533.2 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.
43 CFR 2533.2 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.
43 CFR 2533.2 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.
43 CFR 2533.2 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.
43 CFR 2533.2 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.
43 CFR 2533.2 Subpart 2540 -- Color-of-Title: Authority and Definitions
43 CFR 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 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 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, 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 9561, June 13, 1970, as amended at 44 FR 41793, July 18, 1979)
43 CFR 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 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)
43 CFR 2540.0-5 Subpart 2541 -- Color-of-Title Act
Source: 35 FR 9592, June 13, 1970, unless otherwise noted.
43 CFR 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.
43 CFR 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 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.
43 CFR 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.
43 CFR 2541.4 Price of land; payment.
(a) Price of land. The land applied for will be appraised on the
basis of its fair market value at the time of appraisal. However, in
determination of the price payable by the applicant, value resulting
from improvements or development by the applicant or his predecessors in
interest will be deducted from the appraised price, and consideration
will be given to the equities of the applicant. In no case will the
land be sold for less than $1.25 per acre.
(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.
43 CFR 2541.5 Publication; protests.
(a) The applicant will be required to publish once a week for four
consecutive weeks in accordance with 1824.3 of this chapter, at his
expense, in a designated newspaper and in a designated form, a notice
allowing all persons claiming the land adversely to file in the office
specified in 2541.1-2(a) their objections to the issuance of patent
under the application. A protestant must serve on the applicant a copy
of the objections and furnish evidence of such service.
(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.
43 CFR 2541.5 Subpart 2542 -- Color-of-Title Claims: New Mexico,
Contiguous to Spanish or Mexican Grants
Source: 35 FR 9593, June 13, 1970 unless otherwise noted.
43 CFR 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 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.
43 CFR 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.
43 CFR 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.
43 CFR 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).
43 CFR 2542.4 Subpart 2543 -- Erroneously Meandered Lands: Arkansas
Source: 35 FR 9593, June 13, 1970, unless otherwise noted.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 2543.5 Patent.
Upon submission of satisfactory proof, if no protest or contest is
pending, patent will be issued.
43 CFR 2543.5 Subpart 2544 -- Erroneously Meandered Lands: Louisiana
Source: 35 FR 9594, June 13, 1970, unless otherwise noted.
43 CFR 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 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.
43 CFR 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.
43 CFR 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.
43 CFR 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 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.
43 CFR 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.
43 CFR 2544.5 Subpart 2545 -- Erroneously Meandered Lands: Wisconsin
Source: 35 FR 9594, June 13, 1970, unless otherwise noted.
43 CFR 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 (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.
43 CFR 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 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.
43 CFR 2545.3 Publication and protests.
(a) The applicant will be required to publish once a week for five
consecutive weeks in accordance with 1824.3 of this chapter, at his
expense, in a designated newspaper and in a designated form, a notice
allowing all persons claiming the land adversely to file with the Bureau
of Land Management, Washington, DC, their objections to issuance of
patent under the application. A protestant must serve on the applicant
a copy of the objections and furnish evidence of such service.
(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.
43 CFR 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.
43 CFR 2545.4 Subpart 2546 -- Snake River, Idaho: Omitted Lands
Source: 35 FR 9595, June 13, 1970, unless otherwise noted.
43 CFR 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.
43 CFR 2546.2 Applications for purchase.
(a) All citizens who file a notice of intention in accordance with
2546.1 within the time period specified in the published notice or any
amendment thereof will be granted by the authorized officer a period of
time not less than 30 days in duration in which to file, in duplicate
with the Authorizing officer of the Boise State Office, their
applications to purchase lands as preference-right claimants.
(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 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.
43 CFR 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.
43 CFR 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 regulations of 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.
43 CFR 2546.4 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.
43 CFR 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)
43 CFR 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 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.
43 CFR 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 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.
43 CFR 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
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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 2547.7 PART 2560 -- ALASKA OCCUPANCY AND USE
43 CFR 2547.7 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.
43 CFR 2547.7 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.
43 CFR 2547.7 Subpart 2563 -- Homesites or Headquarters
2563.0-2 Purpose.
2563.0-3 Authority.
2563.0-7 Cross references.
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.
43 CFR 2547.7 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.
43 CFR 2547.7 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.
43 CFR 2547.7 Subpart 2566 -- Alaska Railroad Townsites
2566.0-3 Authority.
2566.0-7 Cross references.
2566.1 General procedures.
2566.2 Public sale.
43 CFR 2547.7 Subpart 2567 -- Alaska Homestead Settlement
2567.0-3 Authority.
2567.0-7 Cross references.
2567.0-8 Lands subject to settlement and homestead entry.
2567.1 Application.
2567.2 Homestead settlement entry.
2567.3 Acreage.
2567.4 Qualifications of entryman.
2567.5 Residence, cultivation requirements.
2567.6 Surveys.
2567.7 Proof.
2567.8 Loans.
43 CFR 2547.7 Subpart 2561 -- Native Allotments
Source: 35 FR 9597, June 13, 1970, unless otherwise noted.
43 CFR 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.
43 CFR 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.
43 CFR 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.
(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).
43 CFR 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 2093.4 of this chapter.
43 CFR 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)
43 CFR 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 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)
43 CFR 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.
43 CFR 2561.3 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.
43 CFR 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 2093.4 of this chapter.
43 CFR 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.
43 CFR 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.
43 CFR 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 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.
43 CFR 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 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.
43 CFR 2562.5 Publication and posting.
The instructions given in subpart 1824 of this chapter, relative to
publication and posting.
43 CFR 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.
43 CFR 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.
43 CFR 2562.7 Subpart 2563 -- Homesites or Headquarters
Source: 35 FR 9599, June 13, 1970, unless otherwise noted.
43 CFR 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)
43 CFR 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.
43 CFR 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.
43 CFR 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 be governed in other respects by the
provisions of 2563.2-1(a) to (d).
(b) (Reserved)
43 CFR 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 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.
43 CFR 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.
2563.2 Purchase of tracts not exceeding 5 acres, without showing as
to employment or business (Act of May 26, 1934).
43 CFR 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, 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 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)
43 CFR 2563.2-1 Subpart 2564 -- Native Townsites
Source: 35 FR 9601, June 13, 1970, unless otherwise noted.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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).
43 CFR 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.
43 CFR 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 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.
43 CFR 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.
43 CFR 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)
43 CFR 2564.7 Subpart 2565 -- Non-native Townsites
Source: 35 FR 9601, June 13, 1970, unless otherwise noted.
43 CFR 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).
43 CFR 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 2760.0-3 and 2761.3.
43 CFR 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 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.
43 CFR 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.
43 CFR 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 townsite
survey or their assigns thereafter, are entitled to the allotments
herein provided. Minority and coverture are not disabilities.
43 CFR 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.
43 CFR 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 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 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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 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)
43 CFR 2565.9 Subpart 2566 -- Alaska Railroad Townsites
Source: 35 FR 9603, June 13, 1970, unless otherwise noted.
43 CFR 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 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)
43 CFR 2566.0-7 Cross references.
(a) Sales of railroad townsites in Alaska, provided for by Executive
Order 3489 of June 10, 1921, 2566.1(a) to (f) and 2566.0-3(a), will be
made by the authorized officer in Alaska, as superintendent of sales of
railroad townsites in accordance with townsite regulations contained in
2760.0-3 to 2761.2(e) so far as those regulations are applicable.
(b) For surveys, Alaska, see part 9180 of this chapter. For
townsites, Alaska, see 2565.0-7.
43 CFR 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.
43 CFR 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.
43 CFR 2566.2 Subpart 2567 -- Alaska Homestead Settlement
Source: 35 FR 9604, June 13, 1970, unless otherwise noted.
43 CFR 2567.0-3 Authority.
The homestead laws were extended to Alaska by the Act of May 14, 1898
(30 Stat. 409; 43 U.S.C. 270), which was amended by the Acts of March
3, 1903 (32 Stat. 1028; 43 U.S.C. 270), July 8, 1916 (39 Stat. 352;
43 U.S.C. 270-8 to 270-10, 270-14), June 28, 1918 (40 Stat. 632; 43
U.S.C. 270-8 to 270-10, 270-14), April 13, 1926 (44 Stat. 243; 43
U.S.C. 270-15 -- 270-17), and July 11, 1956 (70 Stat. 528; 43 U.S.C.
270-7 and 270-10).
43 CFR 2567.0-7 Cross references.
For Indian and Eskimo allotments, subpart 2561, for school indemnity
selections subpart 2627; for shore space, subpart 2094; for soldier's
additional rights, subpart 2616; for trade and manufacturing sites,
subpart 2562.
43 CFR 2567.0-8 Lands subject to settlement and homestead entry.
All unappropriated public lands in Alaska adaptable to any
agricultural use are subject to homestead settlement, and, when
surveyed, to homestead entry, if they are not mineral or saline in
character, are not occupied for the purpose of trade or business and
have not been embraced within the limits of any withdrawal, reservation
or incorporated town or city.
43 CFR 2567.1 Application.
(a) Form. Application to make homestead entry for lands in Alaska
should be presented on a form approved by the Director, the form
prescribed for homestead entries under section 2289, Revised Statutes
(43 U.S.C. 161, 171).
(b) Showing to accompany application. Each application on the
prescribed form should be accompanied by a corroborated statement
showing:
(1) That the land applied for does not extend more than 160 rods
along the shore of any navigable water or that the restriction as to
length of claim has been waived or should be waived. (See 2094.2 of
this subchapter.)
(2) That the land is not within an area which is reserved because of
springs thereon. All facts relative to medicinal or other springs must
be stated, as set forth in 2311.2(a) of this chapter.
(c) Contents. (1) A homestead application must describe the lands
desired, if surveyed, according to legal subdivisions as shown by the
plat of survey, and, excepting that it must thus conform and that the
lands must be contiguous, there is no restriction as to the shape of the
tract which may be entered. Where a settlement was made and a location
notice posted and filed for record before the extension of the surveys,
the application should make reference thereto; it should be stated also
to what extent the land applied for is different from that covered by
the notice; and the settler may not abandon all of the subdivisions
covered by the location unless a showing is made which would justify
amendment of his claim.
(2) A homestead application must describe the lands desired, if
unsurveyed, by metes and bounds with relation to some natural or
permanent monuments, and give the approximate latitude and longitude and
otherwise with as much certainty as possible without actual survey.
Reference should be made to the serial number of the notice of
settlement previously filed. If there has been any material deviation
made in the description of the land claimed, a full explanation must be
given of the reason for such deviation. A homestead application for
unsurveyed lands must be accompanied by the settler's final or
commutation homestead proof.
(d) Service charges. (1) When a homesteader applies to make entry he
must pay an application nonrefundable service charge of $25. In
addition, he must pay with his final proof, a nonrefundable service
charge of $25. A successful contestant for the lands, pursuant to the
Act of May 14, 1880 (21 Stat. 143; 43 U.S.C. 185), as amended, must
pay, as a nonrefundable cancellation service charge, an additional $10.
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.
(2) Remittances other than cash or currency are to be made payable to
the Bureau of Land Management. Checks or drafts are accepted subject to
collection and final payment without cost to the government.
43 CFR 2567.2 Homestead settlement entry.
(a) Form of settlement on unsurveyed land. A settlement claim on
unsurveyed land must be rectangular in form, not more than 1 mile in
length, located by lines running north and south, according to the true
meridian, the four corners being marked by permanent monuments, unless a
departure from such restrictions is authorized by the Act of April 13,
1926 (44 Stat. 243; 43 U.S.C. 270-15 to 270-17). The said act permits
a departure from the restrictions mentioned where by reason of local or
topographic conditions it is not feasible or economical to include in
rectangular form with cardinal boundaries the lands desired. Under the
conditions recited in the law as justifying such departure, it will be
sufficient that the claims shall be compact and approximately
rectangular in form and where a departure from cardinal courses in the
direction of boundary lines is necessary in order to include the lands
desired there will be no restriction as to the amount of such departure.
The modification of former practice in the matter of form and direction
of boundaries is not to be construed, however, as authorizing the lines
of the claims to be unduly extended in any such manner as will be
productive of long narrow strips of land departing materially from the
compactness of the tract as a whole.
(b) Notice of settlement. (1) A person making settlement on or after
April 29, 1950 on unsurveyed land, in order to protect his rights, must
file a notice of the settlement for recordation in the proper office for
the district in which the land is situated, and post a copy thereof on
the land, within 90 days after the settlement. Where settlement is made
on surveyed lands, the settler, in order to protect his rights, must
file a notice of the settlement for recordation, or application to make
homestead entry, in the proper office for the district in which the land
is located within 90 days after settlement.
(2) 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: (i) The name and address of the settler, (ii) age and
citizenship; (iii) date of settlement, and (iv) 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.
(3) Unless a notice of the claim is filed within the time prescribed
in paragraphs (b)(1) and (2) of this section, no credit shall be given
for residence and cultivation had prior to the filing of notice or
application to make entry, whichever is earliest.
(c) Recordation fee. The notice of settlement 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 homestead settlement.
(d) Marking corners of claim on unsurveyed lands; rights acquired by
settlement on surveyed lands. (1) A settler on unsurveyed land is
required to mark the claim by permanent monuments at each corner, in
order to establish the boundaries thereof.
(2) Settlement on any part of a surveyed quarter-section subject to
homestead entry gives the right to enter all of the quarter section;
but if a settler desires to initiate a claim to surveyed tracts which
form part of more than one technical quarter-section, he should define
the claim by placing some improvements on each of the smallest
subdivisions claimed.
(e) Law under which homestead must be perfected. All homestead
claims in Alaska must be perfected under and in accordance with the
provisions of the 3-year homestead law of June 6, 1912 (37 Stat. 123;
43 U.S.C. 164, 169, 218), and regulations thereunder.
(Sec. 1, 30 Stat. 409, as amended; 48 U.S.C. 371)
43 CFR 2567.3 Acreage.
(a) Area subject to appropriation. A homestead settlement or entry
in Alaska is restricted to 160 acres, except in the case of a settlement
made before July 8, 1916, or an entry based thereon, which may include
as much as 320 acres, provided notice of the settlement was filed for
record in the recording district in which the land is situated within 90
days after the settlement was made and the settlement was duly
maintained until the filing of the application for entry and provided
the applicant has not exhausted his homestead right in whole or in part
in the United States.
(b) Limitations. The Act of August 30, 1890 (26 Stat. 391; 43
U.S.C. 212), provides that no person who shall, after the passage of the
act, enter upon any of the public lands with a view to occupation,
entry, or settlement under any of the public land laws shall be
permitted to acquire title to more than 320 acres in the aggregate,
under all of said laws. A former homestead entry outside of Alaska is
not counted as a part of this acreage in connection with a homestead
entry of 160 acres in Alaska. The fact that one may have acquired title
to 160 acres under the homestead laws, or other agricultural public land
laws, outside of Alaska, since August 30, 1890, does not disqualify him
from entering 320 acres under the homestead laws in Alaska, based on
settlement made prior to July 8, 1916.
(43 U.S.C. 270)
43 CFR 2567.4 Qualifications of entryman.
(a) Qualifications required. Any person who is qualified to make an
ordinary homestead entry in the United States under section 2289,
Revised Statutes (43 U.S.C. 161, 171), is qualified to make homestead
entry in Alaska, and a former homestead entry outside of Alaska does not
bar the claimant's right to make entry in that State for not exceeding
160 acres.
(b) Second entries. No showing is required of an applicant for 160
acres in Alaska as to a former homestead entry outside of the State, but
if the applicant has made homestead entry, or made an allowable
homestead application or filed a location notice of settlement in the
State and failed to perfect title to the land, he must, in connection
with another application to make homestead entry in the State, make the
showing required by the Act of September 5, 1914 (38 Stat. 712; 43
U.S.C. 182) explained in 2513.1 (a) to (d) of this chapter.
(c) Additional entries. Any person otherwise qualified who has made
final proof on an entry for less than 160 acres may make an additional
entry for contiguous land under the Act of April 28, 1904 (33 Stat. 527;
43 U.S.C. 213), or for noncontiguous land under the Act of March 2,
1889 (25 Stat. 854; 43 U.S.C. 214) for such area as when added to the
area previously entered will not exceed 160 acres. The requirements in
connection with such entries are set forth in 2512.1 and 2512.2 of
this chapter. An additional entry under the Act of April 28, 1904, is
not subject to commutation.
(Sec. 1, 30 Stat. 409, as amended; 43 U.S.C. 270)
43 CFR 2567.5 Residence, cultivation requirements.
(a) Residence -- (1) Establishment. Residence must be established
upon the claim within 6 months after the date of the entry or the
recording of the location notice, as the case may be; but an extension
of not more than 6 months may be allowed upon application duly filed, in
which the entryman shows by his own statement, and that of two
witnesses, that residence could not be established within the first 6
months, for climatic reasons, or on account of sickness, or other
unavoidable cause.
(2) Length. A homestead entryman must show residence upon his claim
for at least 3 years; however, he is entitled to absent himself during
each year for not more than two periods making up an aggregate of 5
months, giving written notice to the proper office of the time of
leaving the homestead and returning thereto.
(3) Leave of absence. A leave of absence for 1 year or less may be
granted by the authorizing officer to the homesteader who has
established actual residence on the land where failure or destruction of
crops, sickness, or other unavoidable casualty has prevented him from
supporting himself and those dependent upon him by cultivation of the
land.
(b) Cultivation. There must be shown also cultivation of
one-sixteenth of the area of the claim during the second year of the
entry and of one-eighth during the third year and until the submission
of proof, unless the requirements in this respect be reduced upon
application duly filed. Cultivation, which must consist of breaking of
the soil, planting or seeding, and tillage for a crop other than native
grasses, must include such acts and be done in such manner as to be
reasonably calculated to produce profitable results.
(c) Habitable house. The law provides also that the entryman must
have a habitable house upon the land at the time proof is submitted.
(d) Commutation of entries. To the extent of not more than 160 acres
an entry may be commuted after not less than 14 months' residence upon
the land, cultivation of the area commuted to the extent required under
the ordinary homestead laws and payment of $1.25 per acre; that is, the
claimant must show the existence of a habitable house on the land at the
time of final commutation proof, that residence for the period of not
less than 14 months was actual and substantially continuous, and
cultivation of one-sixteenth of the area during the second year of the
entry, and, if commutation proof is submitted after the second entry
year, one-eighth of the area of the third entry year and until the
submission of final commutation proof. In such cases the homesteader is
entitled to a 5 months' leave of absence in each year, but cannot have
credit as residence for such period, since actual presence on the land
for not less than 14 months is required. However, an additional entry
under the Act of April 28, 1904 (33 Stat. 527; 43 U.S.C. 213), is not
subject to commutation.
43 CFR 2567.6 Surveys.
(a) Without expense to settler. The land included in a settlement
claim may be surveyed without expense to the settler, provided he
submits, within five years from the date of the filing of notice of
settlement claim in the proper office, an application to enter on a form
approved by the Director and acceptable final or commuted homestead
proof as required by 2567.7(a).
(b) At expense of settler. A settler who wishes to secure earlier
action in the matter of survey may have a survey made at his own expense
by a deputy surveyor appointed by the authorized officer of the Bureau
of Land Management.
(c) Application to enter land included in special survey. After a
special survey has been made, in accordance with paragraph (b) of this
section, application to enter should be made as in the case of other
settlements on surveyed lands.
43 CFR 2567.7 Proof.
(a) Submission. (1) Proof may be submitted without previous notice
of intention by publication.
(2) Whenever the claimant is ready to submit proof, he may appear,
with two witnesses having knowledge of the facts, before either the
authorizing officer of the proper office for the district in which the
land is situated or before any other officer authorized to administer
oaths in homestead cases and submit proof of his residence, cultivation,
and improvements on the land. The proof testimony must be filed in the
proper office.
(3) 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) Publication and posting. (1) Where a special survey has been
made, the notice of proof must give the survey number of the land, and
it must be published once a week for nine consecutive weeks, in
accordance with 1824.3 of this chapter, at the expense of the
applicant, in a newspaper designated by the authorizing officer as being
one of general circulation nearest the land. Moreover, during the
period of publication the entryman must keep a copy of the plat, and of
his notice of having made proof, posted in a conspicuous place on the
land.
(2) Where the public system of surveys has been extended over the
land, and the claimant has an entry allowed in conformity therewith,
notice must be published once a week for 5 consecutive weeks in
accordance with 1824.3 of this chapter. The authorizing officer must
cause a copy of the notice to be posted in his office during the entire
period of publication.
(c) Effect of transfer of land before proof. In Alaska, as elsewhere
in the United States, a forfeiture of the claim results from a transfer
of any part of the land or of any interest therein before the submission
of the proof, with certain exceptions specified by law. In the State
transfers for church, cemetery, or school purposes to the extent of 5
acres and for railroad rights of way across the land having an extreme
width of 200 feet are permitted.
(d) Adverse claim. (1) In conformity with provision contained in
section 10 of the Act of May 14, 1898 (30 Stat. 413; 48 U.S.C. 359),
during the period of posting and publication or within 30 days
thereafter any person, corporation, or association, having or asserting
any adverse interest in or claim to, the tract of land or any part
thereof sought to be acquired, may file in the proper office where the
proof is pending, under oath, an adverse claim setting forth the nature
and extent thereof, and such adverse claimant shall, within 60 days
after the filing of such adverse claim, begin action to quiet title, in
a court of competent jurisdiction in Alaska, and thereafter no patent
shall issue for such claim until the final adjudication of the rights of
the parties, and such patent shall then be issued in conformity with the
final decree of the court.
(2) Where such adverse claim is filed, action on the proof will be
suspended until final adjudication of the rights of the parties in the
court or until it has been shown that the adverse claimant did not
commence an action in the court within the time allowed.
(3) Any protest which may be filed which does not show that the
protestant intends to commence an action to quiet title, as stated, and
any contest which may be filed will be disposed of by the authorizing
officer in accordance with parts 1840 and 1850 of this chapter.
43 CFR 2567.8 Loans.
(a) Mortgage loans on existing homestead entries. A homestead
entryman who desires to secure a loan on an existing homestead entry, or
a homestead applicant who wishes to make a homestead entry for lands in
a canceled or relinquished homestead entry subject to a mortgage lien
held by the United States acting through the Secretary of Agriculture
under the Act of October 19, 1949 (63 Stat. 883, 7 U.S.C. Supp. III
secs. 1006a, 1006b), should proceed in accordance with 2511.0-9(a) of
this chapter.
(b) Mortgage liens. A mortgage lien held by the United States acting
through the Secretary of Agriculture shall not extend to mineral
deposits in the lands, which have been or may be reserved to the United
States pursuant to law.
43 CFR 2567.8 Group 2600 -- Disposition; Grants
43 CFR 2567.8 PART 2610 -- CAREY ACT GRANTS
43 CFR 2567.8 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.
43 CFR 2567.8 Subpart 2611 -- Segregation Under the Carey Act:
Procedures
2611.1 Applications.
2611.1-1 Application 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.
43 CFR 2567.8 Subpart 2612 -- Issuance of Patents
2612.1 Lists for patents.
2612.2 Publication of lists for patents.
2612.3 Issuance of patents.
43 CFR 2567.8 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.
43 CFR 2567.8 Subpart 2610 -- Carey Act Grants, General
43 CFR 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.
43 CFR 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 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.
43 CFR 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.
43 CFR 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).
43 CFR 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.
43 CFR 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 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.
43 CFR 2610.0-8 Subpart 2611 -- Segregation Under the Carey Act:
Procedures
2611.1 Applications.
43 CFR 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.
43 CFR 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.
43 CFR 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 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.
43 CFR 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.
43 CFR 2611.1-5 Priority of Carey Act applications.
Properly filed applications under 2611.1-1 or 2611.1-3 of this
title shall have priority over any subsequently filed agricultural
applications for lands within the project boundaries. However, the
rejection of a Carey Act application will not preclude subsequent
agricultural development under another authority.
43 CFR 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.
43 CFR 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.
43 CFR 2611.3 Subpart 2612 -- Issuance of Patents
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 2612.3 Subpart 2613 -- Preference Right Upon Restoration
43 CFR 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 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 2613.3 PART 2620 -- STATE GRANTS
43 CFR 2613.3 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.
43 CFR 2613.3 Subpart 2622 -- Quantity and Special Grant Selections
2622.0-1 Purpose and scope.
2622.0-8 Lands subject to selection.
43 CFR 2613.3 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.
43 CFR 2613.3 Subpart 2624 -- (Reserved)
43 CFR 2613.3 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.
43 CFR 2613.3 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.
43 CFR 2613.3 Subpart 2621 -- Indemnity Selections
43 CFR 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)
43 CFR 2621.0-3 Authority.
(a) Sections 2275 and 2276 of the Revised Statutes, as amended (43
U.S.C. 851, 852), referred to in 2621.0-3 to 2621.4 of this subpart as
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 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 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)
43 CFR 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 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)
43 CFR 2621.2 Publication and protests.
(a) The State will be required to publish once a week for five
consecutive weeks in accordance with 1824.3 of this chapter, at its own
expense, in a designated newspaper and in a designated form, a notice
allowing all persons claiming the land adversely to file in the
appropriate office their objections to the issuance of a certification
to the State for lands selected under the law. A protestant must serve
on the State a copy of the objections and furnish evidence of service to
the appropriate land office.
(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)
43 CFR 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)
43 CFR 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)
43 CFR 2621.4 Subpart 2622 -- Quantity and Special Grant Selections
43 CFR 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 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 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; 2621.2(c)(3) is modified to require a
statement testifying to the nonmineral character of each smallest legal
subdivision of the selected land; 2621.2(d)(2) is modified to permit
as much as 6,400 acres in a single selection; and 2621.2 is modified
to require a certificate that the selection and those pending, together
with those approved, do not exceed the total amount granted for the
stated purpose of the grant.
(35 FR 9608, June 13, 1970)
43 CFR 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)
43 CFR 2622.0-8 Subpart 2623 -- School Land Grants to Certain States
Extended to Include Mineral Sections
Source: 35 FR 9609, June 18, 1970, unless otherwise noted.
43 CFR 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.
43 CFR 2623.0-7 Cross reference.
For national forests and national parks, see 1821.7-2 of this
chapter. For naval petroleum reserves, see 3102.2-2 of this chapter.
43 CFR 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 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. ( 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 2623.4 Subpart 2624 -- (Reserved)
43 CFR 2623.4 Subpart 2625 -- Swamp-land Grants
Source: 35 FR 9610, June 13, 1970, unless otherwise noted.
43 CFR 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 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).
43 CFR 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.
43 CFR 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 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.
43 CFR 2625.2 Subpart 2627 -- Alaska
Source: 35 FR 9611, June 13, 1970, unless otherwise noted.
43 CFR 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 2627.3 (a) to (d) apply to the grant and selection of
lands for community purposes. In addition to the requirements of
2627.3(c), where the selected lands are national forest, the application
for selection must be accompanied by a statement of the Secretary of
Agriculture or his delegate showing that he approves the selection.
(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.
43 CFR 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
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 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 2094.2 of this chapter.)
(3) All facts relative to medicinal or hot springs or other waters
upon the lands must be stated.
43 CFR 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 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 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. ( 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, 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.
43 CFR 2627.4 All grants.
(a) State preference right of selection: waivers. (1) The Act of
July 7, 1958 (see 2627.3(a)), provide that upon the revocation of any
order of withdrawal in Alaska, the order of revocation shall provide for
a period of not less than 90 days before the date on which it otherwise
becomes effective during which period the State of Alaska shall have a
preferred right of selection under the acts of 1956 and 1958, except as
against prior existing valid rights, equitable claims subject to
allowance and confirmation and other preferred rights of application
conferred by law.
(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 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
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.
43 CFR 2627.4 PART 2630 -- RAILROAD GRANTS
43 CFR 2627.4 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.
43 CFR 2627.4 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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 such
publication in due course. Notice need not be published, in case of
amendment of a pending application, where publication has already been
had.
43 CFR 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.)
43 CFR 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.
43 CFR 2631.4 PART 2640 -- FAA AIRPORT GRANTS
43 CFR 2631.4 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.
43 CFR 2631.4 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.
43 CFR 2631.4 Subpart 2640 -- Airport and Airway Improvement Act of September 3, 1982
43 CFR 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.
43 CFR 2640.0-3 Authority.
Section 516 of the Airport and Airway Improvement Act of September 3,
1982 (49 U.S.C. 2215).
43 CFR 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 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.
43 CFR 2640.0-7 Cross reference.
The regulations of the Federal Aviation Administration under the Act
are found in 14 CFR part 153.
43 CFR 2640.0-7 Subpart 2641 -- Procedures
43 CFR 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 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.
43 CFR 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.
43 CFR 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 payments required, the authorized officer
shall so advise the applicant and return the excess payment.
43 CFR 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 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.
43 CFR 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.
43 CFR 2641.5 PART 2650 -- ALASKA NATIVE SELECTIONS
43 CFR 2641.5 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.
43 CFR 2641.5 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.
43 CFR 2641.5 Subpart 2652 -- Regional Selections
2652.0-3 Authority.
2652.1 Entitlement.
2652.2 Selection period.
2652.3 Selection limitations.
2652.4 Conveyance reservations.
43 CFR 2641.5 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.
43 CFR 2641.5 Subpart 2654 -- Native Reserves
2654.0-3 Authority.
2654.0-5 Definitions.
2654.1 Exercise of option.
2654.2 Application procedures.
2654.3 Conveyances.
43 CFR 2641.5 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.
Editorial Note: Nomenclature changes to part 2650 appear at 47 FR
26392, June 18, 1982.
43 CFR 2641.5 Subpart 2650 -- Alaska Native Selections: Generally
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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 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 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.
(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 Managment
(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)
43 CFR 2650.0-7 References.
(a) Native enrollment procedures are contained in 25 CFR part 43h.
/1/
(b) Withdrawal procedures are contained in part 2300 of this chapter.
(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)
/1/ At 47 FR 13327, Mar. 30, 1982, part 43h of Title 25 was
redesignated as part 69.
43 CFR 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.
43 CFR 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.
43 CFR 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 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.
2650.3 Lawful entries, lawful settlements, and mining claims.
43 CFR 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.
43 CFR 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 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)
2650.4 Conveyance reservations.
43 CFR 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.
43 CFR 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.
43 CFR 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.
2650.4-4 Revenues. (Reserved)
43 CFR 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.
43 CFR 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
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.
43 CFR 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.
(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 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 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)
2650.5 Survey requirements.
43 CFR 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 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)
43 CFR 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).
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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 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)
43 CFR 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)
43 CFR 2650.8 Subpart 2651 -- Village Selections
43 CFR 2651.0-3 Authority.
Sections 12 and 16(b) of the Act provide for the selection of lands
by eligible village corporations.
43 CFR 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.
43 CFR 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 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 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)
43 CFR 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.
43 CFR 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 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)
43 CFR 2651.5 Conveyance reservations.
In addition to the conveyance reservations in 2650.4 of this
chapter, conveyances issued to village corporations shall provide for
the transfer of the surface estates specified in section 14(c) of the
Act, and shall be subject to valid existing rights under section 14(g)
of the Act.
43 CFR 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.
43 CFR 2651.6 Subpart 2652 -- Regional Selections
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
(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 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.
43 CFR 2652.4 Conveyance reservations.
In addition to the conveyance reservations in 2650.4 of this
chapter, conveyances issued to regional corporations for the subsurface
estate of lands whose surface has been conveyed to village corporations
shall provide that the right to explore, develop, or remove minerals
from the subsurface estate in the lands within the boundaries of any
Native village shall be subject to the consent of the village
corporation.
43 CFR 2652.4 Subpart 2653 -- Miscellaneous Selections
43 CFR 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)
43 CFR 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.
(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)
43 CFR 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)
43 CFR 2653.2 Application procedures.
(a) All applications must be filed in accordance with the procedures
in 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 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 section 12 or 16 of the Act. The segregative effect of such an
application will terminate if the application is rejected.
43 CFR 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 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)
43 CFR 2653.4 Termination of selection period.
Except as provided in 2653.10, applications for selections under
this subpart will be rejected after all allocated lands, as provided in
2653.1, have been exhausted, or if the application is received after the
following dates, whichever occurs first:
(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
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)
43 CFR 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 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 2650.4-6 as
though they were conveyances to a village corporation.
(d) For purposes of evaluating and determining the eligibility of
properties as historical places, the quality of significance in Native
history or culture shall be considered to be present in places that
possess integrity of location, design, setting, materials, workmanship,
feeling and association, and:
(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 2650.2(a) of this chapter.
The regional corporation shall include as an attachment to its
application for a historical place a statement describing the events
that took place and the qualities of the site from which it derives its
particular value and significance as a historical place. In making the
application, the regional corporation should identify accurately and
with sufficient specificity the size and location of the site for which
the application is made as an existing cemetery site or historical place
to enable the Bureau of Land Management to segregate the proper lands.
The land shall be described in accordance with 2650.2(e) of this
chapter, except that if the site under application is less than 2.50
acres or if it cannot be described by a protracted survey description,
it shall be described by a metes and bounds description.
(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 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 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 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 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)
43 CFR 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 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 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 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 2653.3 (a) and
(c). Conveyances of lands reserved for the National Wildlife Refuge
System made pursuant to this part are subject to the provisions of
section 22(g) of the Act and 2650.4-6 of this chapter as though they
were conveyances to a village corporation.
(2) Upon receipt of the applications of a Native group for a
determination of its eligibility under section 14(h)(2) of the Act, the
Bureau of Land Management shall segregate the land encompassed within
the group locality from land available for that purpose pursuant to
2653.6(b)(1). However, segregation of land for Native groups whose
dwelling structures are located outside but adjacent to a National
Wildlife Refuge or National Forest shall not include such reserved land,
unless the Native group's dwelling structures are located on land
excepted from the Kodiak National Wildlife Refuge pursuant to Public
Land Order 1634 (FR Doc. 58-3696, filed May 16, 1958).
(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 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 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)
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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)
43 CFR 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 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 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)
43 CFR 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)
43 CFR 2653.11 Conveyance reservations.
(a) Conveyances issued pursuant to this subpart are subject to the
conveyance reservations described in 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 2650.4-6 of this chapter.
(38 FR 14218, May 30, 1973. Redesignated and amended at 41 FR 14740,
Apr. 7, 1976)
43 CFR 2653.11 Subpart 2654 -- Native Reserves
43 CFR 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.
43 CFR 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.
43 CFR 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.
(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.
/1/ At 47 FR 13327, Mar. 30, 1982, 43h.7 of Title 25 was
redesignated as 69.7.
43 CFR 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.
43 CFR 2654.3 Conveyances.
(a) Conveyances under this subpart are subject to the provisions of
section 14(g) of the Act, as provided by 2650.4 of this chapter.
(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.
43 CFR 2654.3 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.
43 CFR 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.
43 CFR 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.
(c) State Director means the Director, Alaska State Office, Bureau of
Land Management.
43 CFR 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.
43 CFR 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 2650.4-7 of this
title.
43 CFR 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 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.
43 CFR 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.
43 CFR 2655.4 Group 2700 -- Disposition; Sales
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 1004-0153 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)
43 CFR 2655.4 PART 2710 -- SALES: FEDERAL LAND POLICY AND MANAGEMENT ACT
43 CFR 2655.4 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.
43 CFR 2655.4 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.
2711.5-1 Mineral reservation.
2711.5-2 Terms, convenants, conditions, and reservations.
2711.5-3 Notice of conveyance.
Authority: 43 U.S.C. 1713, 1740.
Source: 45 FR 39418, June 10, 1980, unless otherwise noted.
43 CFR 2655.4 Subpart 2710 -- Sales: General Provisions
43 CFR 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).
43 CFR 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.
43 CFR 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.
43 CFR 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.
(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
calender 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.
43 CFR 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 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 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 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 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 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 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)
43 CFR 2710.0-8 Lands subject to sale.
(a) All public lands, as defined by 2710.0-5 of this title, and,
which meet the disposal criteria specified under 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.
43 CFR 2710.0-8 Subpart 2711 -- Sales: Procedures
2711.1 Initiation of sale.
43 CFR 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 1601.3, 1601.6-3 or 1601.8 of this title.
(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)
43 CFR 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 shall segregate 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, shall not be accepted, shall not be
considered as filed and shall be returned to the applicant, if the
notice segregates the lands from the use applied for in the application.
The segregative effect of the notice of realty action shall terminate
upon issuance of patent or other document of conveyance to such lands,
upon publication in the Federal Register of a termination of the
segregation or 270 days from the date of publication, whichever occurs
first.
(e) The notice published under 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)
43 CFR 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 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 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)
43 CFR 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)
2711.3 Procedures for sale.
43 CFR 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 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
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.
(e) If the public lands are not sold pursuant to the notice issued
under 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 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)
43 CFR 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
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 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 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 2711.3-1 (f) and (g) of
this subpart.
(45 FR 39418, June 10, 1980, as amended at 49 FR 29015, July 17,
1984)
43 CFR 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 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 2711.3-1 (f) and (g)
of this subpart.
(49 FR 29015, July 17, 1984; 49 FR 29796, July 24, 1984)
2711.4 Compensation for authorized improvements.
43 CFR 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.
43 CFR 2711.4-2 Other private improvements.
Where public lands to be sold under this part contain authorized
private improvements, other than those identified in 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.
2711.5 Conveyance documents.
43 CFR 2711.5-1 Mineral reservation.
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.
43 CFR 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.
43 CFR 2711.5-3 Notice of conveyance.
The authorized officer shall immediately notify the Governor and the
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)
43 CFR 2711.5-3 PART 2720 -- CONVEYANCE OF FEDERALLY-OWNED MINERAL INTERESTS
43 CFR 2711.5-3 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.
2720.1 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: Secs. 209 and 310 of Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.).
Source: 44 FR 1342, Jan. 4, 1979, unless otherwise noted.
43 CFR 2711.5-3 Subpart 2720 -- Conveyance of Federally-Owned Mineral Interests
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 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 values in lands with
underlying geologic formations which are valuable for prospecting for,
developing or producing natural mineral deposits. The presence of such
mineral deposits in the lands may be known, or geologic conditions may
be such as to make the lands prospectively valuable for mineral
occurrence.
(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)
43 CFR 2720.0-6 Policy.
As required by the Federal Land Policy and Management Act, conveyance
of federally reserved mineral interest shall be made only upon a
determination of no known value or if it can be clearly demonstrated
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)
2720.1 Application to purchase federally-owned mineral interests.
43 CFR 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)
43 CFR 2720.1-2 Form of application.
(a) An application shall be filed with the proper BLM Office as
listed in 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 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)
43 CFR 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 that are any known mineral values in the
land and, if so, the estimated costs of an exploratory program, if one
is needed, shall rely upon reports on minerals prepared 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 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)
43 CFR 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) An exploratory program shall not be required to prove the
presence or absence of mineral values where the lands covered by the
application are classified prospectively valuable, but such value is
found to be only nominal.
43 CFR 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 shall also require that payment be
made within 90 days from the date of mailing of 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) Mineral rights on lands for which an exploratory program is not
required under this subpart shall be conveyed upon payment of fair
market value for those mineral interests and all administrative costs.
43 CFR 2720.4 Issuance of document of conveyance.
Upon receipt of the payment required by 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.
43 CFR 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.
43 CFR 2720.5 PART 2740 -- RECREATION AND PUBLIC PURPOSES ACT
43 CFR 2720.5 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.
43 CFR 2720.5 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.
43 CFR 2720.5 Subpart 2742 -- Recreation and Public Purposes Act:
Omitted Lands and Unsurveyed Islands
2742.1 Lands subject to disposition.
2742.2 Qualifications of applicants.
2741.3 Survey requirement.
2742.4 Conveyance limitations.
2742.5 Consistency with other laws.
43 CFR 2720.5 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.
43 CFR 2720.5 Subpart 2740 -- Recreation and Public Purposes Act:
General
Source: 44 FR 43471, July 25, 1979, unless otherwise noted.
43 CFR 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.
43 CFR 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.
43 CFR 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)
43 CFR 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)
43 CFR 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)
43 CFR 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)
43 CFR 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 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.
(44 FR 43471, July 25, 1979, as amended at 57 FR 32732, July 23,
1992)
43 CFR 2740.0-9 Subpart 2741 -- Recreation and Public Purposes Act: Requirements
43 CFR 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)
43 CFR 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)
43 CFR 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
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)
43 CFR 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 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 2741.6 of this title.
(44 FR 43472, July 25, 1979. Redesignated and amended at 50 FR 50300,
Dec. 10, 1985)
43 CFR 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 1610.5-5 of this title, if designated
in the notice, shall serve as the notice of realty action required by
this section and shall segregate the public lands as stated in the
notice. Any such notice given under 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)
43 CFR 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 2741.4 of this title.
(b) Applications for transfer of title are subject to the acreage
limitations as prescribed in 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 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)
43 CFR 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.
(d) All leases and patents issued under the act shall reserve to the
United States all minerals together with the right to mine and remove
the same under applicable laws and regulations to be established by the
Secretary of the Interior. Where such reserved minerals are subject to
disposition under the provisions of the Mineral Leasing Act of 1920, as
amended, and supplemented (30 U.S.C. 181 et seq.), the Materials Act of
July 31, 1947, as amended (30 U.S.C. 601 et seq.) and the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.), the regulations contained
in Subchapter C of this title shall be utilized.
(44 FR 43472, July 25, 1979. Redesignated at 51 FR 50300, Dec. 10,
1985, and amended at 50 FR 50301, Dec. 10, 1985)
43 CFR 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.
(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)
43 CFR 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)
43 CFR 2741.9 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.
43 CFR 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)
43 CFR 2742.2 Qualifications of applicants.
States and their political subdivisions are qualified applicants.
43 CFR 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.
43 CFR 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.
43 CFR 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.
43 CFR 2742.5 Subpart 2743 -- Recreation and Public Purposes Act:
Solid Waste Disposal
Source: 57 FR 32733, July 23, unless otherwise noted.
43 CFR 2743.1 Applicable regulations.
Unless the requested action falls within the provision of 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
2741.6 and 2741.9.
43 CFR 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.
43 CFR 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 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.
43 CFR 2743.3 Leased disposal sites.
(a) Upon request by or with the concurrence of the lessee, and only
with the express approval of the Director, Bureau of Land Management,
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 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.
43 CFR 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.
43 CFR 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 2741.6 and 2741.9
shall continue to apply.
43 CFR 2743.4 PART 2760 -- TOWNSITES
43 CFR 2743.4 Subparts 2760-2763 -- (Reserved)
43 CFR 2743.4 Subpart 2764 -- Reclamation Projects
Sec.
2764.1 Procedure governing appraisement and sale.
2764.2 Installment payments.
2764.3 Reappraisement and sale of unsold lots.
2764.4 Public reserves; patents therefor.
43 CFR 2743.4 Subpart 2765 -- Grant of Lands in Reclamation Townsites
for School Purposes
2765.1 Application to be made by school district; action thereon.
Authority: R.S. 2478, R.S. 2380-2389, as amended, 2391-2394, secs.
1,3,4, 19 Stat. 392, as amended, sec. 16, 26 Stat. 1101, 26 Stat.
502, 32 Stat. 820; 43 U.S.C. 1201, 711-731.
43 CFR 2743.4 Subparts 2760-2763 -- (Reserved)
43 CFR 2743.4 Subpart 2764 -- Reclamation Projects
Source: 35 FR 9625, June 13, 1970, unless otherwise noted.
43 CFR 2764.1 Procedure governing appraisement and sale.
The Commissioner of Reclamation shall from time to time, with the
concurrence of the appropriate officer of the Bureau of Land Management,
authorize the appraisement and sale of lots in reclamation townsites.
Notices of sale will be issued and other actions taken by those officers
in accordance with the townsite regulations contained in 2760.0-3,
2761.1 and 2761.2.
43 CFR 2764.2 Installment payments.
Under authority of section 2 of the Act of June 11, 1910 (36 Stat.
466; 43 U.S.C. 565), the order for sale may authorize the payment of
the purchase price of lots, sold in townsites created under the laws in
said act mentioned, to be made in annual installments.
43 CFR 2764.3 Reappraisement and sale of unsold lots.
The Commissioner of Reclamation, with the concurrence of the
authorized officer of the Bureau of Land Management, may direct that
unsold lots shall be reappraised under the first section of the said Act
of June 11, 1910 (36 Stat. 465; 43 U.S.C. 564). The lots to be
reappraised will not, from the date of the order therefor, be subject to
disposal until offered at public sale at the reappraised value.
43 CFR 2764.4 Public reserves; patents therefor.
The public reservations in each town shall be improved and maintained
by the town authorities at the expense of the town; and upon the
organization thereof as a municipal corporation, said reservations shall
be conveyed to such corporation in its corporate name, subject to the
condition that they shall be used forever for public purposes. To
secure such conveyances, the municipality shall apply through its proper
officer for a patent to such reservations, and furnish proof in manner,
form, and substance as required in 2766.1.
43 CFR 2764.4 Subpart 2765 -- Grant of Lands in Reclamation Townsites for School Purposes
43 CFR 2765.1 Application to be made by school district; action
thereon.
(a) At any time after the approval of the survey of any Government
reclamation townsite and the subdivision thereof into town lots, with
appropriate reservations for public purposes, a school district, in
order to obtain title under the Act of October 31, 1919 (41 Stat. 326;
43 U.S.C. 570), should file through its proper officers, its application
for patent to the unreserved, unappropriated, undisposed of lands it may
desire, not exceeding 6 acres in area, therein, specifically describing
the same by lot and block numbers, as delineated and designated on the
approved townsite plat; submit sufficient and satisfactory reasons
showing that the area applied for is needed for its use; that the land
is unappropriated and subject to disposition under the Act, in order
that the Department of the Interior may be fully advised that there is
no adverse claim for the land applied for; and therewith furnish the
certificate of the superintendent of public instruction, or other
officer performing such function, having jurisdiction over the county in
which the townsite is situate, showing that the district is a duly
organized district under the laws of the State and entitled to hold real
estate in its corporate name.
(b) The applicant must also procure and file with the application, at
the time of the filing of the same or as early as practicable after the
filing of such application, a statement by the official having charge of
the project in which the land is located, showing that the disposal of
the land applied for will not in any manner interfere with said project,
such statement having been previously approved by the Commissioner of
Reclamation.
(c) There is no limit to the number of applications which may be
filed by a qualified school district, the only limitation being that the
total acreage which may be patented to such a district shall not exceed
6 acres in area within any Government reclamation townsite situated
within such school district. Whenever, therefore, more than one
application is filed by the same applicant, such applicant should refer
by serial number, to all previous applications filed by it.
(d) The application and proof must be filed in the proper office
wherein the land applied for is situate, and if the authorizing officer
thereof finds the same sufficient and if the Bureau of Reclamation makes
favorable report upon the said application, the authorizing officer will
issue certificate of entry, the same to provide that if any land so
conveyed cease entirely to be used for school purposes title thereto
shall revert to and revest in the United States.
(35 FR 9625, June 13, 1970)
43 CFR 2765.1 PART 2780 -- SPECIAL AREAS
43 CFR 2765.1 Subpart 2781 -- State Irrigation Districts
2781.0-3 Authority.
2781.1 Procedures.
2781.1-1 Application by a district for approval.
2781.1-2 Proof of organization.
2781.1-3 Evidence of water right.
2781.1-4 Maps and details to be shown thereon.
2781.1-5 Plans and specifications.
2781.1-6 Complete data required.
2781.1-7 Statements and certificates on maps.
2781.1-8 Application for right-of-way.
2781.2 Lands included.
2781.2-1 Identification of unsurveyed lands.
2781.2-2 Lands in more than one land district.
2781.3 Requirements when lands are to be claimed by Bureau of
Reclamation.
2781.4 Taxes and assessments.
2781.5 Status of lands.
2781.5-1 Status of lands within approved irrigation districts.
2781.5-2 Entries under the Reclamation Act.
2781.5-3 Entry of lands unentered when tax or assessment was levied;
section 5, Act of August 11, 1916.
2781.6 When tax title will not be recognized.
2781.7 Reentry of land covered by canceled entries; section 6, Act
of August 11, 1916.
2781.8 Cash entries; section 6, Act of August 11, 1916.
2781.9 Application to purchase.
Appendix A to Part 2780
Authority: R.S. 2478; 43 U.S.C. 1201.
43 CFR 2765.1 Subpart 2781 -- State Irrigation Districts
Source: 35 FR 9628, June 13, 1970, unless otherwise noted.
Redesignated at 50 FR 46771, Nov. 13, 1985.
43 CFR 2781.0-3 Authority.
The Act of August 11, 1916 (39 Stat. 506; 43 U.S.C. 621-630)
empowers the Secretary of the Interior, following the presentation of
proper applications, to investigate the plans and financial and physical
resources of irrigation districts theretofore or thereafter organized
pursuant to the law of any State, and if he shall find and conclude that
any such applicant has planned and is executing an altogether
meritorious and feasible irrigation undertaking, to grant his approval
of its plan and undertaking, provided a majority of acreage thereof is
not unentered land, to the end that upon such approval, and upon
compliance by such districts with the conditions in said act
specifically set forth, all unentered public land and land which has
been entered, but upon which certificate has not issued, shall be
subject to all the provisions of the laws of the State in which such
lands shall be situated relating to the organization, government, and
regulation of irrigation districts for the reclamation and irrigation of
arid lands for agricultural purposes to the same extent and upon like
terms as are privately owned lands within the district. This includes
the right of the district to levy and collect taxes on unpatented land
for the purpose of raising funds with a view to the construction,
operation, and maintenance of the irrigation system, but does not grant
the right to tax generally or for any purpose not definitely connected
with the construction and maintenance of the irrigation works. The
right of the district to sell lands which were entered at the date of
the levy of any such lawful tax or assessment remaining unpaid is also
provided for, together with the right of individuals to make entry of
such land after the period of redemption from tax sales has expired.
2781.1 Procedures.
43 CFR 2781.1-1 Application by a district for approval.
Any irrigation district desiring to obtain the benefits of the Act of
August 11, 1916, should file in the proper office for the district
within which the lands are situated an application, in duplicate,
consisting of the following:
(a) A statement setting forth concisely the legal address of the
district; the date when, by court decree or otherwise, it was finally
declared to be fully organized; the name and title of all officers of
the district qualified at the date of the filing of the application;
the gross amount of land embraced in the district; the amount of
irrigable land within the district; the amount of privately owned land
within the district; the amount of entered land for which final
certificate has not issued; the amount of unentered public land; the
amount of land embraced within a withdrawal for a United States
reclamation project; the amount of land otherwise withdrawn (within
Indian, forest, power-site, or other withdrawal); how much (percent) of
the project has been completed; what bond issue, if any, has been
finally consummated, and the present bonded debt; whether contract has
been made with the United States under the Reclamation Act of June 17,
1902 (32 Stat. 388; 43 U.S.C. 372 et seq.), or is pending, and if any
such, the date thereof; and any other facts or circumstances which
would throw light on or be pertinent to a full understanding of the
present condition or future prospects of the district.
(b) Proof of organization.
(c) Evidence of water right and sufficiency of available water
supply.
(d) Maps showing the project.
(e) Plans and specifications.
(f) Such data as may be necessary to a full understanding of the
situation.
(g) All applications by State irrigation districts for approval under
the Act of August 11, 1916, must be accompanied by an application
service fee of $10 which will not be returnable.
43 CFR 2781.1-2 Proof of organization.
A properly authenticated copy in duplicate of the proceedings through
which the district claims corporate existence should be filed. The
character of this proof will, of course, depend upon the State statute
under which the organization was effected.
43 CFR 2781.1-3 Evidence of water right.
If the lands to be reclaimed are wholly withdrawn lands within a
United States reclamation project, and the right to the use of the water
depends solely upon an appropriation by the Government, no evidence of
water right will be required; but if dependence is placed upon any
water appropriation other than one claimed by the Government, either for
the reclamation of the whole or a portion of the lands sought to be made
subject to the Act of August 11, 1916, certified copies of such
instruments as will show title to the water rights claimed should be
filed with the application. A statement as to whether the stream or
other body of water from which the water supply is to be secured has
been adjudicated, and if so, the court in which the decree was granted
and the date thereof, should be given. If water measurements have not
been taken, a detailed report showing the foundation for the belief that
sufficient water exists should be filed.
43 CFR 2781.1-4 Maps and details to be shown thereon.
(a) There should also be filed in duplicate with the application
tracings showing by smallest legal subdivision, in accordance with the
latest official survey, all of the lands embraced within the confines of
the district; the status of the various tracts should be
differentiated, by markings on each legal subdivision, in black India
ink, letters corresponding to the status of the land, as follows:
(1) Privately owned land.
(2) Lands which have been entered but for which certificate has not
been issued.
(3) Lands withdrawn under the Reclamation Act.
(4) Lands otherwise withdrawn.
(5) Unentered public lands.
Note: If a tract of land appears to come within two of the
designations, both letters should be used.
(b) Unless one-eighth of any smallest legal subdivision is
susceptible of reclamation from the irrigation system as planned or
constructed, the district should not request its designation, except
where it is shown that such irrigable area, where less than one-eighth
of the subdivision, will when reclaimed be more valuable than the entire
subdivision in its native state.
(c) These tracings should be made on tracing linen with India ink.
Three scales are permissible: 2,000 feet to the inch, 1,000 feet to the
inch, or 500 feet to the inch. No other scales should be used, and the
scale most adaptable to a clear showing of the matters and things set
forth thereon should be used, but in no case should any one tracing be
over 36 inches in width.
(d) The tracings should also show the outlines, properly tied, of any
reservoirs, canals, ditches, power plants, transmission lines, or other
aids to reclamation which are included in the system as well as cross
sections, properly drawn to scale, of dams and canals.
(e) If the irrigation system relied upon for the reclamation of the
lands within the district is entirely a United States reclamation
project, it will be unnecessary to furnish a map. See section 3 of the
Act of May 15, 1922 (42 Stat. 542; 12 U.S.C. 773). If, however, public
lands are to be reclaimed, in whole or in part, by means other than
under a United States reclamation project, such system or the portion
thereof not connected with the United States reclamation project should
be shown by map.
43 CFR 2781.1-5 Plans and specifications.
(a) If the district irrigation works have been constructed, either
fully or partially, plans and specifications of the principal
structures, sufficient to show the designs and methods of construction,
prepared by a competent engineer, should be filed together with an
authenticated statement of the amount actually expended upon the
construction and the estimated amount necessary to complete the system.
(b) If no construction has been undertaken, preliminary plans showing
the estimated cost of the project and the salient features thereof in
sufficient detail to establish the feasibility of the project will be
sufficient.
43 CFR 2781.1-6 Complete data required.
As each project must necessarily stand or fall upon its own merits,
it will be impossible to specify minutely all of the data that may be
required. In every instance, however, the data should be so full and
complete as to place before the authorized officer all of the
information necessary to an intelligent consideration of the feasibility
of the project as a whole. Additional information may be required if
the data stated upon the original application prove insufficient.
43 CFR 2781.1-7 Statements and certificates on maps.
Each of the maps filed with the application for recognition should
bear the certificate of the president or other presiding or chief
officer of the district, countersigned by the secretary, clerk, or other
recording officer and attested by the seal of the district, in
accordance with Form No. 1. (See Appendix A.) They should also bear the
statement of the district's chief engineer, in accordance with Form No.
2. (See Appendix A.) This certificate and statement should be inscribed
upon the maps in India ink.
43 CFR 2781.1-8 Application for right-of-way.
If any unpatented public land or any reservation of the United States
is affected by any of the proposed works of the irrigation district,
application for right-of-way therefor must be filed by the district
under the appropriate act before the application for recognition will be
finally approved.
2781.2 Lands included.
43 CFR 2781.2-1 Identification of unsurveyed lands.
Where any proposed district includes within its confines unsurveyed
lands, the lines of survey nearest such unsurveyed lands will be
protracted.
43 CFR 2781.2-2 Lands in more than one land district.
Where the lands within the confines of the proposed irrigation
district lie within the jurisdiction of more than one proper office, it
will only be necessary to file the data in duplicate in one of the
proper offices; a blueprint copy of the map and one copy of the
statement, however, should be filed in the other proper offices,
together with a notice to the authorizing officer that the application,
in duplicate, has been filed in the other proper office (naming it).
43 CFR 2781.3 Requirements when lands are to be claimed by Bureau of
Reclamation.
(a) Section 3 of the Act of May 15, 1922 (42 Stat. 542; 12 U.S.C.
773), provides as follows:
That upon the execution of any contract between the United States and
any irrigation district pursuant to this Act, the public lands included
within such irrigation district when subject to entry, and entered lands
within such irrigation district, for which no final certificates shall
have been issued and which may be designated by the Secretary of the
Interior in said contract, shall be subject to all the provisions of the
Act entitled ''An Act to promote the reclamation of arid lands,''
approved August 11, 1916: Provided, That no map or plan is required by
section 3 of the said Act need be filed by the irrigation district for
approval by the Secretary of the Interior.
(b) This section is construed as an amendment of the Act of August
11, 1916 (39 Stat. 506; 43 U.S.C. 621-630), in that it makes
unnecessary the filing of a map or plan of the district for the approval
of the Secretary of the Interior in those cases where the lands within a
district are to be reclaimed by the Bureau of Reclamation under a
contract between the Secretary of the Interior and the irrigation
district entered into under the Act of June 17, 1902 (32 Stat. 388), and
acts amendatory thereof, and in lieu thereof provides for the
designation by the terms of such contract of the public lands included
in such a district where subject to entry and entered lands on which no
final certificates shall have been issued, such designation to make the
land subject to all the provisions of the Act of August 11, 1916.
(c) Accordingly it will not be necessary for a district, under such
circumstances, to file formal application for the designation of the
land, as provided for in the Act of August 11, 1916, but in connection
with its negotiations with the Secretary of the Interior for the
construction of the irrigation system or for repayment of cost if
already constructed, it should make request for the designation of the
lands under the Act of August 11, 1916, filing a list thereof.
(d) In such a case the contract between the Secretary of the Interior
and the irrigation district must contain a description according to the
approved plats of survey of the lands within such district, properly
subject to designation under said Act of August 11, 1916, and the
approval of such a contract by the Secretary unless otherwise
stipulated, will have the effect of designating the lands as provided
for in said act and making them subject to all the provisions thereof.
(e) The Bureau of Reclamation will require the district to present a
list of the land which it desires to have designated under the Act of
August 11, 1916. From this list the Bureau of Reclamation will
eliminate tracts which for any reason will not be irrigated (at least to
such an extent as to make the irrigable portion more valuable than the
whole tract when unreclaimed) by the system as constructed or to be
constructed.
(f) These lists should then be referred by the Bureau of Reclamation
to the Bureau of Land Management with a view to the elimination of any
lands not subject to entry, whereupon the remaining tracts will be
included in the contract between the district and the Secretary of the
Interior.
(g) The Commissioner of the Bureau of Reclamation will furnish the
Director of the Bureau of Land Management with two copies of all such
contracts, together with two blue-print maps of the district.
43 CFR 2781.4 Taxes and assessments.
(a) Where an irrigation district has been approved by the Secretary
of the Interior the district must, after each assessment, file with the
authorizing officer of the proper office for the district within which
the lands of the irrigation district are situated, an officially
certified list showing the amount assessed against each smallest legal
subdivision of unentered or entered and unpatented public land within
the district, which list shall contain a statement that such assessment
was made in due form in compliance with the provisions of the State law
and of this Act. Any assessment or sale, or attempted sale, of such
lands prior to the approval of the district is without authority of law
and void.
(b) Where contracts made between the United States and irrigation
districts involving public lands of the United States inhibit the
assessment of unentered public land while in that status, the provisions
of such contracts must, of course, be complied with by the district.
2781.5 Status of lands.
43 CFR 2781.5-1 Status of lands within approved irrigation districts.
(a) For the purpose of entry, the Act of August 11, 1916 (39 Stat.
506; 43 U.S.C. 621-630), may be considered as dividing the unpatented
lands within a State irrigation district into two general classes,
namely, lands withdrawn under the Act of June 17, 1902 (32 Stat. 388;
43 U.S.C. 372 et seq.), and lands not so withdrawn.
(b) For the purpose of administration the lands within such a
district may be considered as divided into the following subordinate
classes:
(1) Unpatented public lands when subject to entry.
(2) Entered unpatented lands.
(3) Entered lands which shall become vacant by relinquishment or
cancellation for any cause.
(c) The approval of a legally organized irrigation district by the
Secretary of the Interior under said acts, unless otherwise provided by
contract between the district and the United States, makes the public
lands within such district, when subject to entry, and the entered lands
on which no final certificates have issued, subject to a lien for all
taxes and assessments thereafter lawfully levied by the district to the
same extent and in the same manner as lands of a like character held
under private ownership.
43 CFR 2781.5-2 Entries under the Reclamation Act.
(a) Lands within an approved irrigation district withdrawn under the
Act of June 17, 1902 (32 Stat. 388), shall during the continuance of
such withdrawal be subject to entry only in the manner provided by said
act, and amendments thereto and the regulations thereunder.
(b) When lands included in entries made under the Act of June 17,
1902, are sold for nonpayment of district taxes or assessments the
purchaser on the presentation of proper evidence of his tax title shall
be considered as one holding a complete and valid assignment under the
Act of June 23, 1910 (36 Stat. 592; 43 U.S.C. 441), and shall perfect
the entry in the same manner required of an assignee under said act.
(c) The evidence of such tax title shall be the same as hereinafter
provided in the case of an applicant under tax title for land not
subject to the Reclamation Act.
43 CFR 2781.5-3 Entry of lands unentered when tax or assessment was
levied; section 5, Act of August 11, 1916.
(a) Public lands within an approved irrigation district which were
unentered at the time any tax or assessment was levied against same
shall not be sold for such tax or assessment, but same shall be and
continue a lien upon such land, and not more than 160 acres of such land
shall be entered by any one person, and when such land shall be applied
for after the approval of the district by the Secretary of the Interior,
under the homestead or desert-land laws, the applicant shall be required
to present a certificate from the proper district or county officer
showing that no unpaid district charges are due, or delinquent, against
said land.
(b) Any such application for lands of this character, if
unaccompanied by the required certificate, will be suspended for 30 days
to enable the applicant to present such certificate, and if not
furnished, the application will be rejected, subject to the right of
appeal.
43 CFR 2781.6 When tax title will not be recognized.
No application to enter or purchase land within an approved
irrigation district under tax-sale title will be allowed if the sale was
for taxes or assessments levied prior to the approval of the district by
the Secretary of the Interior.
43 CFR 2781.7 Reentry of land covered by canceled entries; section 6,
Act of August 11, 1916.
(a) In case where any tract of entered land within an approved
irrigation district shall become vacant by relinquishment or
cancellation for any cause, any subsequent applicant therefor shall, in
addition to the qualifications and requirements otherwise provided, be
required to furnish satisfactory proof by certificate from the proper
district or county officer showing that he has paid all charges due to
the district upon said land, and also that he has paid to the proper
district or county officer for the holder, or holders, of any tax
certificate, delinquency certificate, or other proper evidence of tax
sale, the amount for which said land was sold at tax sale, together with
the interest and penalties thereon provided by law.
(b) Entries for such land will be limited to 160 acres, as such lands
come within the general description of ''unentered'' lands.
(c) It will be observed that as to such land the requirement as to
payment of taxes, assessments, interest, and penalties applies to any
subsequent applicant therefor and not solely to applicants under the
homestead and desert-land law as in the first instance.
(d) If the application is not accompanied by this evidence the
authorizing officer will suspend same for 30 days, and if the necessary
proof of the required payments is not made within such time he will
reject the application, subject to the right of appeal.
(Sec. 5, 39 Stat. 508; 43 U.S.C. 627)
43 CFR 2781.8 Cash entries; section 6, Act of August 11, 1916.
(a) In case of entered lands within an approved irrigation district
not subject to the Reclamation Act of June 17, 1902 (32 Stat. 388), the
purchaser thereof at tax sale, or his assignee (no redemption having
been made), may receive patent to the land upon the payment to the
authorizing officer of the proper office of the minimum price of $1.25
per acre, or such other price as may be fixed by law for such land,
together with the usual fees and commissions charged in entries of like
land under the homestead laws, and upon satisfactory showing that the
irrigation works have been constructed and that water of the district is
available for such land.
(b) However, such purchaser or his assignee shall at the time of
application for patent have the qualifications of either a homestead or
desert-land entryman, and not more than 160 acres of such land shall be
patented to any one purchaser.
(c) If the purchaser at tax sale, or his assignee, shall not within
90 days after the time for redemption has expired pay to the proper
authorizing officer all fees and commissions and the purchase price to
which the United States shall be entitled, as provided in this act, any
person having the qualifications mentioned may pay to the proper
authorizing officer for not more than 160 acres of such land the unpaid
purchase price, fees, and commissions to which the United States may be
entitled, and upon satisfactory proof that he has paid to the purchaser
at tax sale, or to his assignee, or to the proper officer of the
district for such purchaser, or for the district, as the case may be,
the sum for which the land was sold at sale for irrigation district
charges, or bid in by the district at such sale, and in addition thereto
the interest and penalties on the amount bid at the rate allowed by law,
shall be subrogated to the rights of such purchaser to receive patent
for said land.
43 CFR 2781.9 Application to purchase.
(a) An application to purchase under the Act of August 11, 1916, and
the proofs required therewith must be signed by the applicant but need
not be under oath.
(b) The application shall contain a description according to the
approved plats of survey of the land sought to be purchased and shall
give the serial number or numbers of the entry or entries in which the
land is then included. The applicant shall also show by like evidence
required in such cases that he has the qualifications of a homestead or
desert-land entryman, furnishing the proof thereof.
(c) He must show whether he is applying as purchaser at tax sale, as
assignee of such purchaser, or is seeking to be subrogated to the right
of such purchaser or assignee.
(d) The application shall not embrace less than a legal subdivision
or more than 160 acres and shall not include land in more than one land
district and shall be accompanied by the usual fees and commissions
provided in entries of like land under the homestead laws, together with
the purchase price of the land, not less than $1.25 per acre, or such
other price as may be fixed by law for such land.
(e) As the laws governing the sale of lands for taxes are not the
same in the several States affected by this act, and as in some
instances more than one method of conducting sales is permitted, and as
the period in which redemption may be made varies, it is not thought
advisable to formulate specific rules governing proof of tax titles.
However, the following general rules must be observed:
(1) If the tax title is based on court proceedings a copy of the
decree or order of the court under the seal of the clerk of the court
must be furnished. The certificate of the clerk of court should make
specific reference to the laws governing such sale and show that the
period of redemption has expired without redemption having been made,
citing the statute.
(2) If the sale was made by the district or under other than court
proceedings the certificate of the officer conducting such sale, under
the seal of his office, must be furnished. This certificate should show
that all steps necessary to legalize such sale were taken, citing the
statutes, and should show that the period of redemption has expired
without redemption being made.
(3) No application to purchase under this act will be accepted for
lands included in more than one pending entry unless necessary in order
to make the 160 acres maximum area to which the applicant may be
entitled, but in such event the land applied for must, if practicable,
be contiguous, and if not contiguous, as nearly so as the circumstances
will permit.
(4) If the application is not complete in substance, or based on an
unredeemable tax title, the authorizing officer will hold same for
rejection, subject to the usual right of appeal. If the application is
found satisfactory and complete in all respects he will notify the
entryman or entrymen, of the land affected and alleged to have been sold
at tax sale, of the filing of the application to purchase such land, and
that because thereof the entry, or entries are held for cancellation (to
the extent affected by such sale) subject to the usual right of appeal.
(5) If the application is without objection and contains the evidence
herein required and water has been made available for the land,
certificate will be issued by the authorizing officer. If an appeal is
filed, the same will be considered and disposed of in the usual manner.
(6) If all be found regular and sufficient, except that the
irrigation works have not been constructed and water has not been made
available, the certificate will be withheld pending proof of
construction and of the availability of water.
(7) When the application to purchase is approved, and, without regard
to whether or not such purchaser shall then be entitled to certificate
and patent (which will depend upon the question of construction of
irrigation works and the availability of water), the conflicting entry,
or entries, as the case may be, to the extent to which the land was sold
for delinquent taxes or assessments, no appeal having been filed, will
be canceled of record.
43 CFR 2781.9 Pt. 2780, Subpt. 2781, App. A
I, ---------- , the duly elected, qualified, and acting ----------
(designation of office) of the ---------- irrigation district, duly
organized under the laws of the State of ---------- as found at page
---------- of ---------- , /1/ do hereby certify that the plan of
irrigation and survey herewith is submitted under authority of the said
district granted by resolution of the board of directors (or trustees)
of said district, adopted on the ---------- day of ---------- , 19 -- ,
a copy of which said resolution, duly verified by the secretary of said
district, is submitted with, and by this reference made a part of, this
certificate; and application is hereby made for the designation, under
the Act of August 11, 1916 (39 Stat. 506), of the tracts marked hereon
''b'' or ''e''; that the said tracts are each and every one of such
character as to be subject to the provisions of the homestead or desert
land laws of the United States and that the majority acreage in the said
irrigation district is not unentered land.
(Name)
(Official title)
Of the ---------- Irrigation
District.
Attest:
(seal)
(Secretary (or other title
of recording officer)
State of ----------
County of ---------- , ss: ---------- , being duly sworn, says
that he is the chief engineer
of the ---------- irrigation district; that the tracts shown hereon to
be designated under the Act of August 11, 1916 (39 Stat. 506), are each
and every one of such character as to be subject to the provisions of
the homestead or desert land laws of the United States; /2/ that he has
personally examined the same; that there is not to his knowledge within
the limits thereof any vein or lode of quartz or other rock in place
bearing gold, silver, cinnabar, lead, tin, or copper, nor, within such
limits, any placer, nor cement, gravel, salt spring, or deposit of salt,
nor any other valuable mineral deposit (if necessary insert: except
mineral deposits within the purview of the Acts of March 3, 1909 (35
Stat. 844), and June 22, 1910 (36 Stat. 583), or of the Act of July 17,
1914 (38 Stat. 509), as the facts may warrant); that no portion of said
land is claimed for mining purposes under the local customs or rules of
miners, or otherwise; that no portion of said land is worked for
mineral during any part of the year by any person or persons; that said
land is essentially nonmineral land (exception as above if necessary);
that none of the unentered lands contain springs or water holes (see
withdrawal of April 17, 1926, also Circular No. 1066, approved May 25,
1926, 51 L.D. 457); that the plan of irrigation herewith submitted is
accurately and fully represented in accordance with ascertained facts;
that the system proposed is sufficient to thoroughly irrigate and
reclaim said land and prepare it to raise ordinary agricultural crops,
as is shown in the accompanying report; that at least one-eighth of
each smallest legal subdivision for which designation is sought is
susceptible of reclamation from the irrigation system or (where less
than one-eighth the irrigable portion of such tract) will be of more
value when reclaimed than the entire tract in its native state; that
the survey of said system of irrigation is accurately represented upon
this map and the accompanying field notes; and that the limits of said
irrigation district are correctly shown hereon.
Subscribed and sworn to before me this ---------- day of ---------- ,
19 -- .
(seal)
(Notary Public)
My commission expires ---------- .
/1/ Give citation to act or acts under which the district is
organized.
/2/ If the chief engineer has not made a personal examination of the
land sufficiently in detail to enable him to make that part of the
affidavit bracketed, it should be omitted herefrom and a separate
affidavit should be made on the map as to such facts by some person who
has made such examination.
43 CFR 2781.9 Group 2800 -- Use; Rights-of-Way
Note: The information collection requirements contained in Parts
2800 2810 and 2880 of Group 2800 have been approved by the Office of
Management and Budget under 44 U.S.C. 3507 and assigned clearance
numbers 1004 -- 0102 and 1004-0107. The information is being collected
to permit the authorized officer to determine if use of the public lands
should be granted for right-of-way grants or temporary use permits. The
information will be used to make this determination. A response is
required to obtain a benefit.
(48 FR 40889, Sept. 12, 1983)
43 CFR 2781.9 Pt. 2800
43 CFR 2781.9 PART 2800 -- RIGHTS-OF-WAY, PRINCIPLES AND PROCEDURES
43 CFR 2781.9 Subpart 2800 -- Rights-of-Way: General
Sec.
2800.0-1 Purpose.
2800.0-2 Objectives.
2800.0-3 Authority.
2800.0-5 Definitions.
2800.0-7 Scope.
43 CFR 2781.9 Subpart 2801 -- Terms and Conditions of Rights-of-Way
Grants and Temporary Use Permits
2801.1 Nature of interest.
2801.1-1 Nature of right-of-way interest.
2801.1-2 Reciprocal grants.
2801.2 Terms and conditions of interest granted.
2801.3 Unauthorized use, occupancy, or development.
2801.4 Right-of-way grants issued on or before October 21, 1976.
43 CFR 2781.9 Subpart 2802 -- Applications
2802.1 Preapplication activity.
2802.2 Application filing activity.
2802.2-1 Application filing.
2802.2-2 Coordination of applications.
2802.3 Application content.
2802.4 Application processing.
2802.5 Special application procedures.
43 CFR 2781.9 Subpart 2803 -- Administration of Rights Granted
2803.1 General requirements.
2803.1-2 Rental.
2803.1-3 Competitive bidding.
2803.1-4 Bonding.
2803.1-5 Liability.
2803.2 Holder activity.
2803.3 Immediate temporary suspension of activities.
2803.4 Suspension and termination of right-of-way authorizations.
2803.4-1 Disposition of improvements upon terminations.
2803.5 Change in Federal jurisdiction or disposal of lands.
2803.6 Amendments, assignments and renewals.
2803.6-1 Amendments.
2803.6-2 Amendments to existing railroad grants.
2803.6-3 Assignments.
2803.6-4 Reimbursement of costs for assignments.
2803.6-5 Renewals of right-of-way grants and temporary use permits.
43 CFR 2781.9 Subpart 2804 -- Appeals
2804.1 Appeals procedure.
43 CFR 2781.9 Subpart 2806 -- Designation of Right-of-Way Corridors
2806.1 Corridor designation.
2806.2 Designation criteria.
2806.2-1 Procedures for designation.
43 CFR 2781.9 Subpart 2807 -- Reservation to Federal Agencies
2807.1 Application filing.
2807.1-1 Document preparation.
2807.1-2 Reservation termination and suspension.
43 CFR 2781.9 Subpart 2808 -- Reimbursement of Costs
2808.1 General.
2808.2 Cost recovery categories.
2808.2-1 Application categories.
2808.2-2 Category determination.
2808.3 Fees and payments.
2808.3-1 Application fees.
2808.3-2 Periodic advance payments.
2808.3-3 Costs incurred for a withdrawn or denied application.
2808.3-4 Joint liability for payments.
2808.4 Reimbursement of costs for monitoring.
2808.5 Other cost considerations.
2808.6 Action pending decision on appeal.
Authority: 43 U.S.C. 1733, 1740, and 1761-1771.
Source: 45 FR 44526, July 1, 1980, unless otherwise noted.
43 CFR 2781.9 Subpart 2800 -- Rights-of-Way: General
43 CFR 2800.0-1 Purpose.
The purpose of the regulations in this part is to establish
procedures for the orderly and timely processing of applications,
grants, permits, amendments, assignments and terminations for
rights-of-way and permits over, upon, under or through public lands
pursuant to title V, Federal Land Policy and Management Act of 1976 (43
U.S.C. 1761-1771) and for the administration, assignment, monitoring and
termination of right-of-way grants issued on or before October 21, 1976,
pursuant to then existing statutory authority.
(45 FR 44526, July 1, 1980, as amended at 51 FR 6543, Feb. 25, 1986)
43 CFR 2800.0-2 Objectives.
It is the objective of the Secretary of the Interior to grant
rights-of-way and temporary use permits, covered by the regulations in
this part, to any qualified individual, business entity, or governmental
entity and to regulate, control and direct the use of said rights-of-way
on public land so as to:
(a) Protect the natural resources associated with the public lands
and adjacent private or other lands administered by a government agency.
(b) Prevent unnecessary or undue environmental damage to the lands
and resources.
(c) Promote the utilization of rights-of-way in common with respect
to engineering and technological compatibility, national security and
land use plans.
(d) Coordinate, to the fullest extent possible, all actions taken
pursuant to this part with State and local governments, interested
individuals and appropriate quasi-public entities.
43 CFR 2800.0-3 Authority.
Sections 303, 310, and 501-511 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1733, 1761-1771) authorize the
Secretary of the Interior to issue regulations providing for the use,
occupancy, and development of the public lands through permits,
easements, and rights-of-way.
(54 FR 25854, June 20, 1989)
43 CFR 2800.0-5 Definitions.
As used in this part, the term:
(a) Act means the Federal Land Policy and Management Act of October
21, 1976 (43 U.S.C. 1701 et seq.).
(b) Secretary means the Secretary of the Interior.
(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) Public lands means any lands or interest in land owned by the
United States and administered by the Secretary 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.
(e) Applicant means any qualified individual, partnership,
corporation, association or other business entity, and any Federal,
State or local governmental entity including municipal corporations
which applies for a right-of-way grant or a temporary use permit.
(f) Holder means any applicant who has received a right-of-way grant
or temporary use permit.
(g) Right-of-way means the public lands authorized to be used or
occupied pursuant to a right-of-way grant.
(h) Right-of-way grant means an instrument issued pursuant to title V
of the act, or issued on or before October 21, 1976, pursuant to then
existing statutory authority, authorizing the use of a right-of-way
over, upon, under or through public lands for construction, operation,
maintenance and termination of a project.
(i) Temporary use permit means a revocable non-possessory,
non-exclusive privilege, authorizing temporary use of public lands in
connection with construction, operation, maintenance, or termination of
a project.
(j) Facilities means improvements constructed or to be constructed or
used within a right-of-way pursuant to a right-of-way grant.
(k) Project means the transportation or other system for which the
right-of-way is authorized.
(l) Designated right-of-way corridor means a parcel of land either
linear or areal in character that has been identified by law, by
Secretarial Order, through the land use planning process or by other
management decision as being a preferred location for existing and
future right-of-way grants and suitable to accommodate more than 1 type
of right-of-way or 1 or more rights-of-way which are similar, identical
or compatible; and
(m) Casual use means activities that involve practices which do not
ordinarily cause any appreciable disturbance or damage to the public
lands, resources or improvements and, therefore, do not require a
right-of-way grant or temporary use permit under this title.
(n) Transportation and utility corridor means a parcel of land,
without fixed limits or boundaries, that is being used as the location
for 1 or more transportation or utility right-of-way.
(o) Actual costs means the financial measure of resources expended or
used by the Bureau of Land Management in processing a right-of-way
application or 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.
(p) Monetary value of the rights and privileges sought means the
objective value of the right-of-way or permit or what the right-of-way
grant or temporary use permit is worth in financial terms to the
applicant.
(q) Cost incurred for the benefit of the general public interest
(public benefit) means funds expended by the United States in connection
with the processing of an application for studies and data collection
determined to have value or utility to the United States or the general
public separate and apart from application processing.
(r) Public service provided means tangible improvements, such as
roads, trails, recreation facilities, etc., with significant public
value that are expected in connection with the construction and
operation of the project for which a right-of-way grant is sought.
(s) Efficiency to the Government processing means the ability of the
United States to process an application with a minimum of waste, expense
and effort.
(t) Management overhead costs means costs associated with the Bureau
directorate, including all State Directors and the entire Washington
Office staff, except where a member of such staffs is required to
perform work on a specific right-of-way or temporary use permit case.
(u) Trespass means any use, occupancy or development of the public
lands or their resources without authorization to do so from the United
States where authorization is required, or which exceeds such
authorization or which causes unnecessary or undue degradation of the
land or resources.
(v) Willful trespass means the voluntary or conscious trespass as
defined at subpart 2801 of this title. The term does not include an act
made by mistake or inadvertence. The term includes actions taken with
criminal or malicious intent. A consistent pattern of trespass may be
sufficient to establish the knowing or willful nature of the conduct,
where such consistent pattern is neither the result of mistake or
inadvertence. Conduct which is otherwise regarded as being knowing or
willful does not become innocent through the belief that the conduct is
reasonable or legal.
(w) Nonwillful trespass means a trespass, as defined at 2801.3(a) of
this title, committed by mistake or inadvertence.
(x) Unnecessary or undue degradation means surface disturbance
greater than that which would normally result when the same or a similar
activity is being accomplished by a prudent person in a usual,
customary, and proficient manner that takes into consideration the
effects of the activity on other resources and land uses, including
those resources and uses outside the area of activity. This disturbance
may be either nonwillful or willful as described in 2800.0-5(v) through
(w), depending upon the circumstances,
(y) Written demand means a request in writing for payment and/or
rehabilitation in the form of a billing delivered by certified mail,
return receipt requested or personally served.
(z) Road use, amortization and maintenance charges means the fees
charged for commercial use of a road owned or controlled by the Bureau
of Land Management. These fees normally include use fees, amortization
fees and maintenance fees.
(45 FR 44526, July 1, 1980, as amended at 47 FR 38805, Sept. 2, 1982;
51 FR 6543, Feb. 25, 1986; 52 FR 25808, July 8, 1987; 54 FR 25854,
June 20, 1989)
43 CFR 2800.0-7 Scope.
This part sets forth regulations governing:
(a) Issuing, amending or renewing right-of-way grants for necessary
transportation or other systems or facilities which are in the public
interest and which require rights-of-way over, upon, under or through
public lands, including but not limited to:
(1) Reservoirs, canals, ditches, flumes, laterals, pipes, pipelines,
tunnels and other facilities and systems for the impoundment, storage,
transportation or distribution of water;
(2) Pipelines and other systems for the transportation or
distribution of liquids and gases, other than water and other than oil,
natural gas, synthetic liquid or gaseous fuels, or any refined product
produced therefrom, and for storage and terminal facilities in
connection therewith;
(3) Pipelines, slurry and emulsion systems, and conveyor belts for
transportation and distribution of solid materials, and facilities for
the storage of such materials in connection therewith;
(4) Systems for generation, transmission and distribution of electric
energy, except that the applicant shall also comply with all applicable
requirements of the Federal Energy Regulatory Commission under the
Federal Power Act of 1935 (16 U.S.C. 791);
(5) Systems for transmission or reception of radio, television,
telephone, telegraph and other electronic signals, and other means of
communication;
(6) Roads, trails, highways, railroads, canals, tunnels, tramways,
airways, livestock driveways or other means of transportation except
where such facilities are constructed and maintained in connection with
commercial recreation facilities on lands in the National Forest System;
(7) Such other necessary transportation or other systems or
facilities which are in the public interest and which require
rights-of-way over, upon, under or through such lands; or
(8) Rights-of-way to any Federal department or agency for pipeline
purposes for the transportation of oil, natural gas, synthetic liquid or
gaseous fuels, or any product produced therefrom.
(b) Temporary use of additional public lands for such purposes as the
Secretary determines to be reasonably necessary for construction,
operation, maintenance or termination of rights-of-way, or for access to
the project or a portion of the project.
(c) However, the regulations contained in this part do not cover
right-of-way grants for: Federal Aid Highways, roads constructed or
used pursuant to cost share or reciprocal road use agreements,
wilderness areas, and oil, gas and petroleum products pipelines except
as provided for in 2800.0-7(a)(8) of this title.
43 CFR 2800.0-7 Subpart 2801 -- Terms and Conditions of Rights-of-Way
Grants and Temporary Use Permits
2801.1 Nature of interest.
43 CFR 2801.1-1 Nature of right-of-way interest.
(a) All rights in public lands subject to a right-of-way grant or
temporary use permit not expressly granted are retained and may be
exercised by the United States. These rights include, but are not
limited to:
(1) A continuing right of access onto the public lands covered by the
right-of-way grant or temporary use permit, and upon reasonable notice
to the holder, access and entry to any facility constructed on the
right-of-way or permit area:
(2) The right to require common use of the right-of-way, and the
right to authorize use of the right-of-way for compatible uses
(including the subsurface and air space).
(b) A right-of-way grant or temporary use permit may be used only for
the purposes specified in the authorization. The holder may allow
others to use the land as his/her agent in exercising the rights
granted.
(c) All right-of-way grants and temporary use permits shall be issued
subject to valid existing rights.
(d) A right-of-way grant or temporary use permit shall not give or
authorize the holder to take from the public lands any mineral or
vegetative material, including timber, without securing authorization
under the Materials Act (30 U.S.C. 601 et seq.), and paying in advance
the fair market value of the material cut, removed, used, or destroyed.
However, common varieties of stone and soil necessarily removed in the
construction of a project may be used elsewhere along the same
right-of-way or permit area in the construction of the project without
additional authorization and payment. The holder shall be allowed in
the performance of normal maintenance to do minor trimming, pruning and
clearing of vegetative material within the right-of-way or permit area
and around facilities constructed thereon without additional
authorization and payments. At his discretion and when it is in the
public interest, the authorized officer may in lieu of requiring an
advance payment for any mineral or vegetative materials, including
timber, cut or excavated, require the holder to stockpile or stack the
material as designated locations for later disposal by the United
States.
(e) A holder of a right-of-way grant or temporary use permit may
assign a grant or permit to another, provided the holder obtains the
written approval of the authorized officer.
(f) The holder of a right-of-way grant may authorize other parties to
use a facility constructed, except for roads, on the right-of-way with
the prior written consent of the authorized officer and charge for such
use. In any such arrangement, the holder shall continue to be
responsible for compliance with all conditions of the grant. This
paragraph does not limit in any way the authority of the authorized
officer to issue additional right-of-way grants or temporary use permits
for compatible uses on or adjacent to the right-of-way, nor does it
authorize the holder to impose charges for the use of lands made subject
to such additional right-of-way grants or temporary use permits.
(g) Each right-of-way grant or temporary use permit shall describe
the public lands to be used or occupied and the grant or permit shall be
limited to those lands which the authorized officer determines:
(1) Will be occupied by the facilities authorized;
(2) To be necessary for the construction, operation, maintenance, and
termination of the authorized facilities;
(3) To be necessary to protect the public health and safety; and
(4) Will do no unnecessary damage to the environment.
(h) Each grant or permit shall specify its term. The term of the
grant shall be limited to a reasonable period. A reasonable period for
a right-of-way grant may range from a month to a year or a term of years
to perpetuity. The term for a temporary use shall not exceed 3 years.
In determining the period for any specific grant or permit, the
authorized officer shall provide for a term necessary to accomplish the
purpose of the authorization. Factors to be considered by the
authorized officer for the purpose of establishing an equitable term
pertaining to the use include, but are not limited to:
(1) Public purpose served;
(2) Cost and useful life of the facility; and
(3) Time limitations imposed by required licenses or permits that the
holder is required to secure from other Federal or State agencies.
(i) Each grant issued for a term of 20 years or more shall contain a
provision requiring periodic review of the grant at the end of the
twentieth year and at regular intervals thereafter not to exceed 10
years.
(j) Each grant shall have a provision stating whether it is renewable
or not and if renewable, the terms and conditions applicable to the
renewal.
(k) Each grant shall not only comply with the regulations of this
part, but also, comply with the provisions of any other applicable law
and implementing regulations as appropriate.
(45 FR 44526, July 1, 1980, as amended at 47 FR 38805, Sept. 2, 1982)
43 CFR 2801.1-2 Reciprocal grants.
When the authorized officer determines from an analysis of land use
plans or other management decisions that a right-of-way for an access
road is or shall be needed by the United States across lands directly or
indirectly owned or controlled by an applicant for a right-of-way grant,
he or she shall, if it is determined to be in the public interest,
require the applicant, as a condition to receiving a right-of-way grant,
to grant the United States an equivalent right-of-way that is adequate
in duration and rights.
43 CFR 2801.2 Terms and conditions of interest granted.
(a) An applicant by accepting a right-of-way grant, temporary use
permit, assignment, amendment or renewal agrees and consents to comply
with and be bound by the following terms and conditions, excepting those
which the Secretary may waive in a particular case:
(1) To the extent practicable, all State and Federal laws applicable
to the authorized use and such additional State and Federal laws, along
with the implementing regulations, that may be enacted and issued during
the term of the grant or permit.
(2) That in the construction, operation, maintenance and termination
of the authorized use, there shall be no discrimination against any
employee or applicant for employment because of race, creed, color, sex
or national origin and all subcontracts shall include an identical
provision.
(3) To rebuild and repair roads, fences, and established trails that
may be destroyed or damaged by construction, operation or maintenance of
the project and to build and maintain suitable crossings for existing
roads and significant trails that intersect the project.
(4) To do everything reasonably within his or her power, both
independently and upon request of the authorized officer, to prevent and
suppress fires on or in the immediate vicinity of the right-of-way or
permit area. This includes making available such construction and
maintenance forces as may be reasonably obtained for the suppression of
fires.
(b) All right-of-way grants and temporary use permits issued,
renewed, amended or assigned under these regulations shall contain such
terms, conditions, and stipulations as may be required by the authorized
officer regarding extent, duration, survey, location, construction,
operation, maintenance, use and termination. The authorized officer
shall impose stipulations which shall include, but shall not be limited
to:
(1) Requirements for restoration, revegetation and curtailment of
erosion of the surface of the land, or any other rehabilitation measure
determined necessary;
(2) Requirements to ensure that activities in connection with the
grant or permit shall not violate applicable air and water quality
standards or related facility siting standards established by or
pursuant to applicable Federal or State law;
(3) Requirements designed to control or prevent damage to scenic,
esthetic, cultural and environmental values (including damage to fish
and wildlife habitat), damage to Federal property and hazards to public
health and safety;
(4) Requirements to protect the interests of individuals living in
the general area who rely on the fish, wildlife and biotic resources of
the area for subsistence purposes;
(5) Requirements to ensure that the facilities to be constructed,
used and operated on the prescribed location are maintained and operated
in a manner consistent with the grant or permit; and
(6) Requirements for compliance with State standards for public
health and safety, environmental protection and siting, construction,
operation and maintenance when those standards are more stringent than
Federal standards.
43 CFR 2801.3 Unauthorized use, occupancy, or development.
(a) Any use, occupancy, or development of the public lands that
requires a right-of-way, temporary use permit, or other authorization
pursuant to the regulations of that part and that has not been so
authorized, or that is beyond the scope and specific limitations of such
an authorization, or that causes unnecessary or undue degradation, is
prohibited and shall constitute a trespass as defined in 2800.0-5.
(b) Anyone determined by the authorized officer to be in violation of
paragraph (a) of this section shall be notified in writing of such
trespass and shall be liable to the United States for:
(1) Reimbursement of all costs incurred by the United States in the
investigation and termination of such trespass;
(2) The rental value of the lands, as provided for in 2803.1-2 of
this title, for the current year and past years of trespass, or where
applicable, the cumulative value of the current use fee, amortization
fee, and maintenance fee as determined by the authorized officer for
unauthorized use of any road administered by the BLM; and
(3) Rehabilitating and stabilizing any lands that were harmed by such
trespass. If the trespasser does not rehabilitate and stabilize the
lands within the time set by the authorized officer in the notice,
he/she shall be liable for the costs incurred by the United States in
rehabilitating and stabilizing such lands.
(c) In addition to amounts due under the provisions of paragraph (b)
of this section, the following penalties shall be assessed by the
authorized officer:
(1) For all nonwillful trespass which is not resolved by meeting one
of the conditions identified in 9239.7-1 within 30 days of receipt of a
written demand under paragraph (b) of this section -- an amount equal to
the rental value and for roads, an amount equal to the charges for road
use, amortization and maintenance which have accrued since the inception
of the trespass;
(2) For repeated nonwillful or willful trespass -- an amount that is
2 times the rental value and for roads, an amount 2 times the charges
for road use, amortization and maintenance which have accrued since the
inception of the trespass.
(d) In no event shall settlement for trespass computed pursuant to
paragraphs (b) and (c) of this section be less than the processing fee
for a Category I application for provided for in 2808.3-1 of this title
for nonwillful trespass or less than 3 times this value for repeated
nonwillful or knowing and willfull trespass. In all cases the
trespasser shall pay whichever is the higher of the computed penalty or
minimum penalty amount.
(e) Failure to satisfy the requirements of 2801.3(b) of this title
shall result in the denial of any right-of-way, temporary land use, road
use application or other lands use request filed by not yet granted
until there has been compliance with the provisions of 9239.7-1 of this
title.
(f) Any person adversely affected by a decision of the authorized
officer issued under this section may appeal that decision under the
provisions of part 4 of this title.
(g) In addition to the civil penalties provided for in this part, any
person who knowingly and willfully violates the provisions of 2801.3(a)
of this title may be tried before a United States magistrate and fined
no more than $1,000 or imprisoned for no more than 12 months, or both,
as provided by section 303(a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1733(a)) and 9262.1 of this title.
(54 FR 25854, June 20, 1989)
43 CFR 2801.4 Right-of-way grants issued on or before October 21, 1976.
A right-of-way grant issued on or before October 21, 1976, pursuant
to then existing statutory authority is covered by the provisions of
this part unless administration under this part diminishes or reduces
any rights conferred by the grant or the statute under which it was
issued, in which event the provisions of the grant or the then existing
statute shall apply.
(51 FR 6543, Feb. 25, 1986)
43 CFR 2801.4 Subpart 2802 -- Applications
43 CFR 2802.1 Preapplication activity.
(a) Anyone interested in obtaining a right-of-way grant or temporary
use permit involving use of public lands is encouraged to establish
early contact with the Bureau of Land Management office responsible for
management of the affected public lands so that potential constraints
may be identified, the proposal may be considered in land use plans, and
processing of an application may be tentatively scheduled. The
appropriate officer shall furnish the proponent with guidance and
information about:
(1) Possible land use conflicts as identified by review of land use
plans, land ownership records and other available information sources;
(2) Application procedures and probable time requirements;
(3) Applicant qualifications;
(4) Cost reimbursement requirements;
(5) Associated clearances, permits and licenses which may be required
in addition to, but not in place of the grants or permits required under
these regulations;
(6) Environmental and management considerations;
(7) Any other special conditions that can be identified;
(8) Identification of on-the-ground investigations which may be
required in order to complete the application; and
(9) Coordination with Federal, State and local government agencies.
(b) Any information furnished by the proponent in connection with a
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) No right-of-way applications processing work, other than that
incurred in the processing of applications for permits for temporary use
of public lands in furtherance of the filing of an application and
pre-application guidance under paragraph (a) of this section, shall be
undertaken by the authorized officer prior to the filing of an
application together with advance payment as required by subpart 2808 of
this title. Such processing work includes, but is not limited to,
special studies such as environmental analyses, environmental
statements, engineering surveys, resource inventories and detailed land
use or record analyses.
(d) The prospective applicant is authorized to go upon the public
lands to perform casual acts related to data collection necessary for
the filing of an acceptable application. If, however, the authorized
officer determines that appreciable surface or vegetative disturbance
will occur or is a real possibility he shall issue a temporary use
permit with appropriate terms, conditions, and special stipulations
pursuant to 2801.2 of this title.
(e) When, during pre-application discussions with the prospective
applicant, the authorized officer supplies the prospective applicant
with information set out in paragraph (a) of this section, the
authorized officer shall also inform appropriate Federal, State and
local government agencies that preapplication discussions have begun in
order to assure that effective coordination between the prospective
applicant and all responsible government agencies is initiated as soon
as possible.
(45 FR 44526, July 1, 1980, as amended at 47 FR 38805, Sept. 2, 1982;
52 FR 25808, July 8, 1987)
2802.2 Application filing activity.
43 CFR 2802.2-1 Application filing.
Applications for a right-of-way grant or temporary use permit shall
be filed with either the Area Manager, the District Manager or the State
Director having jurisdiction over the affected public lands except:
(a) Applications for Federal Aid Highways shall be filed pursuant to
23 U.S.C. 107, 317, as set out in 43 CFR 2821;
(b) Applications for cost-share roads shall be filed pursuant to 43
CFR 2812;
(c) Applications for oil and gas pipelines shall be filed pursuant to
43 CFR 2880; and
(d) Applications for projects on lands under the jurisdiction of 2 or
more administrative units of the Bureau of Land Management may be filed
at any of the Bureau of Land Management offices having jurisdiction over
part of the project, and the applicant shall be notified where
subsequent communications shall be directed.
43 CFR 2802.2-2 Coordination of applications.
Applicants filing with any other Federal department or agency for a
license, certificate of public convenience and necessity or any other
authorization for a project involving a right-of-way on public lands,
shall simultaneously file an application under this part with the Bureau
of Land Management for a right-of-way grant. To minimize duplication,
pertinent information from the application to such department or agency
may be appended or referenced in the application for the right-of-way
grant.
43 CFR 2802.3 Application content.
(a) Applications for right-of-way grants or temporary use permits
shall be filed on a form approved by the Director. The application form
shall contain instructions for the completion of the form and shall
require the following information:
(1) The name and address of the applicant and the applicant's
authorized agent, if appropriate;
(2) A description of the applicant's proposal;
(3) A map, USGS quadrangle, aerial photo or equivalent, showing the
approximate location of the proposed right-of-way and facilities on
public lands and existing improvements adjacent to the proposal, shall
be attached to the application. Only the existing adjacent improvements
which the proposal may directly affect need be shown on the map;
(4) A statement of the applicant's technical and financial capability
to construct, operate, maintain and terminate the proposal;
(5) Certification by the applicant that he/she is of legal age,
authorized to do business in the State and that the information
submitted is correct to the best of the applicant's knowledge.
(b) The applicant may submit additional information to assist the
authorized officer in processing the application. Such information may
include, but is not limited to, the following:
(1) Federal or State approvals required for the proposal;
(2) A description of the alternative route(s) and mode(s) considered
by the applicant when developing the proposal;
(3) Copies of or reference to similiar applications or grants the
applicant has submitted or holds;
(4) A statement of need and economic feasibility or the proposal;
(5) A statement of the environmental, social and economic effects of
the proposal.
(47 FR 12569, Mar. 23, 1982)
43 CFR 2802.4 Application processing.
(a) The authorized officer shall acknowledge, in writing, receipt of
the application and initial cost reimbursement payment required by
subpart 2808 of this title. An application may be denied if the
authorized officer determines that:
(1) The proposed right-of-way or permit would be inconsistent with
the purpose for which the public lands are managed;
(2) That the proposed right-of-way or permit would not be in the
public interest;
(3) The applicant is not qualified;
(4) The right-of-way or permit would otherwise be inconsistent with
the act or other applicable laws; or
(5) The applicant does not or cannot demonstrate that he/she has the
technical or financial capacity.
(b) Upon receipt of the acknowledgement, the applicant may continue
his or her occupancy of the public land pursuant to 2802.1(d) of this
title to continue to gather data necessary to perfect the application.
However, if the applicant finds or the authorized officer determines
that surface disturbing activities will occur in gathering the necessary
data to perfect the application, the applicant shall file an application
for a temporary use permit prior to entering into such activities on the
public land.
(c) The authorized officer may require the applicant for a
right-of-way grant to submit such additional information as he deems
necessary for review of the application. All requests for additional
information shall be in writing. Where the authorized officer
determines that the information supplied by the applicant is incomplete
or does not conform to the act or these regulations, the authorized
officer shall notify the applicant of these deficiencies and afford the
applicant an opportunity to file a correction. Where a deficiency
notice has not been adequately complied with, the authorized officer may
reject the application or notify the applicant of the continuing
deficiency and afford the applicant an opportunity to file a correction.
(d) Prior to issuing a right-of-way grant or temporary use permit,
the authorized officer shall:
(1) Complete an environmental analysis in accordance with the
National Environmental Policy Act of 1969;
(2) Determine compliance of the applicant's proposed plans with
applicable Federal and State laws;
(3) Consult with all other Federal, State, and local agencies having
an interest, as appropriate; and
(4) Take any other action necessary to fully evaluate and make a
decision to approve or deny the application and prescribe suitable terms
and conditions for the grant or permit.
(e) The authorized officer may hold public meetings on an application
for a right-of-way grant or temporary use permit if he determines that
such meetings are appropriate and that sufficient public interest exists
to warrant the time and expense of such meetings. Notice of public
meetings shall be published in the Federal Register or in local
newspapers or in both.
(f) A right-of-way grant or temporary use permit need not conform to
the applicant's proposal, but may contain such modifications, terms,
stipulations or conditions, including changes in route or site location
on public lands, as the authorized officer determines to be appropriate.
(g) No right-of-way grant or temporary use permit shall be in effect
until the applicant has accepted, in writing, the terms and conditions
of the grant or permit. Written acceptance shall constitute an
agreement between the applicant and the United States that, in
consideration of the right to use public lands, the applicant shall
comply with all terms and conditions contained in the authorization and
the provisions of applicable laws and regulations.
(h) The authorized officer may include in his/her decision to issue a
grant a provision that shall be included in a right-of-way grant
requiring that no construction on or use of the right-of-way shall occur
until a detailed construction, operation, rehabilitation and
environmental protection plan has been submitted to and approved by the
authorized officer. This requirement may be imposed for all or any part
of the right-of-way.
(45 FR 44526, July 1, 1980, as amended at 47 FR 12570, Mar. 23, 1982;
52 FR 25808, July 8, 1987)
43 CFR 2802.5 Special application procedures.
(a) An applicant filing for a right-of-way within 4 years from the
effective date of this subpart for an unauthorized right-of-way that
existed on public land prior to October 21, 1976, is not:
(1) Required to reimburse the United States for the processing,
monitoring or other costs provided for in subpart 2808 of this title.
(2) Required to pay rental fees for the period of unauthorized land
use.
(b) In order to facilitate management of the public lands, any person
or State or local government which has constructed public highways under
the authority of R. S. 2477 (43 U.S.C. 932, repealed October 21, 1976)
may file a map showing the location of such public highways with the
authorized officer. Maps filed under this paragraph shall be in
sufficient detail to show the location of the R. S. 2477 highway(s) on
public lands in relation to State or county highway(s) or road(s) in the
vicinity. The submission of such maps showing the location of R. S.
2477 highway(s) on public lands shall not be conclusive evidence as to
their existence. Similiarly, a failure to show the location of R. S.
2477 highway(s) on any map shall not preclude a later finding as to
their existence.
(45 FR 44526, July 1, 1980, as amended at 47 FR 12570, Mar. 23, 1982;
47 FR 38806, Sept. 2, 1982; 52 FR 25808, July 8, 1987)
43 CFR 2802.5 Subpart 2803 -- Administration of Rights Granted
2803.1 General requirements.
43 CFR 2803.1-2 Rental.
(a) The holder of a right-of-way grant or temporary use permit shall
pay annually, in advance, except as provided in paragraph (b) of this
section, the fair market rental value as determined by the authorized
officer applying sound business management principles and, so far as
practicable and feasible, using comparable commercial practices. Annual
rent billing periods shall be set or adjusted to coincide with the
calendar year (January 1 through December 31) by proration on the basis
of 12 months; the initial month shall not be counted for right-of-way
grants or temporary use permits having an anniversary date of the 15th
or later in the month and the terminal month shall not be counted if the
termination date is the 14th or earlier in the month. Rental shall be
determined in accordance with the provisions of paragraph (c) of this
section; Provided, however, That in those instances where the annual
payment is $100 or less, the authorized officer may require an advance
lump sum payment for 5 years.
(b)(1) No rental shall be collected where:
(i) The holder is a Federal, State or local government or agency or
instrumentality thereof, except municipal utilities and cooperatives
whose principal source of revenue is customer charges:
(ii) The right-of-way was issued pursuant to a statute that did not
or does not require the payment of rental; or
(iii) The facilities constructed on a site or linear right-of-way are
or were financed in whole or in part under the Rural Electrification Act
of 1936, as amended, or are extensions from such Rural Electrification
Act financed facilities.
(2) The authorized officer may reduce or waive the rental payment
under the following instances:
(i) The holder is a nonprofit corporation or association which is not
controlled by or is not a subsidiary of a profit making corporation or
business enterprise;
(ii) The holder provides without charge, or at reduced rates, a
valuable benefit to the public or to the programs of the Secretary;
(iii) The holder holds an outstanding permit, lease, license or
contract for which the United States is already receiving compensation,
except under an oil and gas lease where the lessee is required to secure
a right-of-way grant or temporary use permit under part 2880 of this
title; and:
(A) Needs a right-of-way grant or temporary use permit within the
exterior boundaries of the permit, lease, license or contract area; or
(B) Needs a right-of-way across the public lands outside the permit,
lease, license or contract area in order to reach said area;
(iv) With the concurrence of the State Director, the authorized
officer, after consultation with an applicant/holder, determines that
the requirement to pay the full rental will cause undue hardship on the
holder/applicant and that it is in the public interest to reduce or
waive said rental. In order to complete such consultation, the State
Director may require the applicant/holder to submit data, information
and other written material in support of a proposed finding that the
right-of-way grant or temporary use permit qualifies for a reduction or
waiver of rental; and
(v) A right-of-way involves a cost share road or reciprocal
right-of-way agreement not subject to part 2812 of this title. Any fair
market value rental required to be paid under this paragraph (b)(2)(v)
shall be determined by the proportion of use.
(c)(1)(i) Except for those linear right-of-way grants or temporary
use permits that the authorized officer determines under paragraph
(c)(1)(v) of this section to require an individual appraisal, an
applicant shall, prior to the issuance of a linear right-of-way grant or
temporary use permit, submit an annual rental payment in advance for
such right-of-way grant or temporary use permit in accordance with the
following schedule:
A per acre rental schedule by State, County, and type of linear
right-of-way use, which will be updated annually, is available from any
Bureau State or District office or may be obtained by writing: Director
(330), Bureau of Land Management, Room 3660, Main Interior Bldg., 1800 C
Street NW., Washington, DC 20240.
(ii) The schedule will be adjusted annually by multiplying the
current year's rental per acre by the annual change, second quarter to
the second quarter (June 30 to June 30), in the Gross National Product
Implicit Price Deflator Index as published in the Survey of Current
Business of the Department of Commerce, Bureau of Economic Analysis.
(iii) At such times as the cumulative change in the index used in
paragraph (c)(1)(ii) of this section exceeds 30 percent or the change in
the 3-year average of the 1-year interest rate exceeds plus or minus 50
percent, the zones and rental per acre figures shall be reviewed to
determine whether market and business practices have differed
sufficiently from the index to warrant a revision in the base zones and
rental per acre figures. Measurements shall be taken at the end of the
second quarter (June 30) of the year beginning with calendar year 1986.
The initial bases (June 30, 1986) for these two indexes are: Gross
National Product Price Implicit Price Deflator Index was 114.0 and the
3-year average of the 1-year Treasury interest rate was 8.86%.
(iv) Rental for the ensuing calendar year for any single right-of-way
grant or temporary use permit shall be the rental per acre from the
current schedule times the number of acres embraced in the grant or
permit, rounded to the nearest whole dollar, unless such rental is
reduced or waived as provided in paragraph (b)(2) of this section.
(v) The authorized officer shall use the fee schedule unless the
authorized officer determines:
(A) A substantial segment or area within the right-of-way exceeds the
zone(s) value by a factor of 10; and
(B) In the judgment of the authorized officer, the expected valuation
is sufficient to warrant a separate appraisal.
Once the rental for a right-of-way grant has been determined by use
of the rental schedule, the provisions of this subparagraph shall not be
used as a basis for removing it from the schedule.
(2)(i) Existing linear right-of-way grants and temporary use permits
may be made subject to the schedule provided by this paragraph upon
reasonable notice to the holder. The notice shall provide the reasons
for making the right-of-way subject to the schedule.
(ii) Where the new annual rental exceeds $100 and is more than a 100
percent increase over the current rental, the amount of increase in
excess of the 100 percent increase shall be phased in by equal
increments, plus the annual adjustment, over a 3-year period.
(3)(i) The rental for linear right-of-way grants and temporary use
permits not covered by the schedule set out above in this paragraph,
including those determined by the authorized officer to require an
individual appraisal under paragraph (c)(1)(v) of this section, and for
non-linear right-of-way grants and temporary use permits (e.g.,
communication sites, reservoir sites, plant sites and storage sites)
shall be determined by the authorized officer and paid annually in
advance. Said rental shall be based on either a market survey of
comparable rentals, or on a value determination for specific parcels or
groups of parcels unless such rental is reduced or waived as provided in
paragraph (b) of this section. All such rental determinations shall be
prepared to the standards and format described in the Uniform Appraisal
Standards for Federal Land Acquisition (Department of Justice
publication) and/or in certain cases as required by the Bureau's
Appraisal manual (9300). Where the authorized officer determines that a
competitive interest exists for site type right-of-way grants such as
wind farms, communication sites, etc., rental may be determined through
competitive bidding procedures set out in 2803.1-3 of this title.
(ii) To expedite the processing of any grant or permit covered by
paragraph (c)(3) of this section, the authorized officer may estimate
rental and collect a deposit in advance with the agreement that upon
completion of a rental value determination, the advance deposit shall be
adjusted according to the final fair market rental value determination.
(4) Decisions on rental determinations are subject to appeal under
subpart 2804 of this title.
(5) Upon the holder's written request, rentals may be prepaid for 5
years in advance.
(d) If the rental required by this section is not paid when due, and
such default for nonpayment continues for 30 days after notice, action
may be taken to terminate the right-of-way grant or temporary use
permit. After default has occurred, no structures, buildings or other
equipment may be removed from the subservient lands except upon written
permission from the authorized officer.
(52 FR 25818, July 8, 1987; 52 FR 36576, Sept. 30, 1987)
43 CFR 2803.1-3 Competitive bidding.
(a) The authorized officer may identify and offer public lands for
competitive right-of-way use either on his/her own motion or as a result
of nomination by the public. Competitive bidding shall be used only for
site-type right-of-way grants such as wind farms and communication
sites. The authorized officer shall give public notice of such decision
through publication of a notice of realty action as provided in
paragraph (c)(1) of this section. The decision to offer public lands
for competitive right-of-way use shall conform to the requirements of
the Bureau's land use planning process. The authorized officer shall
not offer public lands for competitive right-of-way use where equities
such as prior or related use of said lands warrant issuance of a
noncompetitive right-of-way grant(s).
(b) A right-of-way grant issued pursuant to a competitive offer shall
be awarded on the basis of the public benefit to be provided, the
financial and technical capability of the bidder to undertake the
project and the bid offer. Each bid shall be accompanied by the
information required by the notice of realty action and a statement over
the signature of the bidder or anyone authorized to sign for the bidder
that he/she is in compliance with the requirements of the law and these
regulations. A bid of less than the fair market rental value of the
lands offered shall not be considered.
(c) The offering of public lands for right-of-way use under
competitive bidding procedures shall be conducted in accordance with the
following:
(1)(i) A notice of realty action indicating the availability of
public lands for competitive right-of-way offering shall be published in
the Federal Register and at least once a week for 3 consecutive weeks in
a newspaper of general circulation in the area where the public lands
are situated or in such other publication as the authorized officer may
determine. The successful qualified bidder shall, prior to the issuance
of the right-of-way grant, pay his/her proportionate share of the total
cost of publication.
(ii) The notice of realty action shall include the use proposed for
the public lands and the time, date and place of the offering, including
a description of the lands being offered, terms and conditions of the
grant(s), rates, bidding requirements, payment required, where bid forms
may be obtained, the form in which the bids shall be submitted and any
other information or requirements determined appropriate by the
authorized officer.
(2) Bids may be made either by a principal or duly qualified agent.
(3) All sealed bids shall be opened at the time and date specified in
the notice of realty action, but no bids shall be accepted or rejected
at that time. The right to reject any and all bids is reserved. Only
those bids received by the close of business on the day prior to the bid
opening or at such other time stated in the notice of realty action and
made for at least the minimum acceptable bid shall be considered. Each
bid shall be accompanied by U.S. currency or certified check, postal
money order, bank draft or cashier's check payable in U.S. currency and
made payable to the Department of the Interior -- Bureau of Land
Management for not less than one-fifth of the amount of the bid, and
shall be enclosed in a sealed envelope which shall be marked as
prescribed in the notice of realty action. 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 drawing unless
another method is specified in the notice of realty action. The drawing
shall be held by the authorized officer immediately following the
opening of the sealed bids.
(4) In the event the authorized officer rejects the highest qualified
bid or releases the bidder from such bid, the authorized officer shall
determine whether the public lands involved in the offering shall be
offered to the next highest bidder, withdrawn from the market or
reoffered.
(5) If the highest qualified bid is accepted by the authorized
officer, the grant form(s) shall be forwarded to the qualifying bidder
for signing. The signed grant form(s) with the payment of the balance
of the first year's rental and the publication costs shall be returned
within 30 days of its receipt by the highest qualified bidder and shall
qualify as acceptance of the right-of-way grant(s).
(6) If the successful qualified bidder fails to execute the grant
form(s) and pay the balance of the rental payment and the costs of
publication within the allowed time, or otherwise fails to comply with
the regulations of this subpart, the one-fifth remittance accompanying
the bid shall be forfeited.
(52 FR 25820, July 8, 1987)
43 CFR 2803.1-4 Bonding.
The authorized officer may require the holder of a right-of-way grant
or temporary use permit to furnish a bond or other security satisfactory
to him, to secure the obligations imposed by the grant or permit and
applicable laws and regulations.
(45 FR 44526, July 1, 1980. Redesignated at 52 FR 25820, July 8,
1987)
43 CFR 2803.1-5 Liability.
(a) Except as provided in paragraph (f) of this section, each holder
shall be fully liable to the United States for any damage or injury
incurred by the United States in connection with the use and occupancy
of the right-of-way or permit area by the holder.
(b) Except as provided in paragraph (f) of this section, holders
shall be held to a standard of strict liability for any activity or
facility within a right-of-way or permit area which the authorized
officer determines, in his discretion, presents a foreseeable hazard or
risk of damage or injury to the United States. The activities and
facilities to which such standards shall apply shall be specified in the
right-of-way grant or temporary use permit. Strict liability shall not
be imposed for damage or injury resulting primarily from an act of war,
an Act of God or the negligence of the United States. To the extent
consistent with other laws, strict liability shall extend to costs
incurred by the United States for control and abatement of conditions,
such as fire or oil spills, which threaten lives, property or the
environment, regardless of whether the threat occurs on areas that are
under Federal jurisdiction. Stipulations in right-of-way grants and
temporary use permits imposing strict liability shall specify a maximum
limitation on damages which, in the judgment of the authorized officer,
is commensurate with the foreseeable risks or hazards presented. The
maximum limitation shall not exceed $1,000,000 for any one event, and
any liability in excess of such amount shall be determined by the
ordinary rules of negligence of the jurisdiction in which the damage or
injury occurred.
(c) In any case where strict liability is imposed and the damage or
injury was caused by a third party, the rules of subrogation shall apply
in accordance with the law of the jurisdiction in which the damage or
injury occurred.
(d) Except as provided in paragraph (f) of this section, holders
shall be fully liable for injuries or damages to third parties resulting
from activities or facilities on lands under Federal jurisdiction in
which the damage or injury occurred.
(e) Except as provided in paragraph (f) of this section, holders
shall fully indemnify or hold harmless the United States for liability,
damage or claims arising in connection with the holder's use and
occupancy of rights-of-way or permit areas.
(f) If a holder is a State or local government, or agency or
instrumentality thereof, it shall be liable to the fullest extent its
laws allow at the time it is granted a right-of-way grant or temporary
use permit. To the extent such a holder does not have the power to
assume liability, it shall be required to repair damages or make
restitution to the fullest extent of its powers at the time of any
damage or injury.
(g) All owners of any interest in, and all affiliates or subsidiaries
of any holder of a right-of-way grant or temporary use permit, except
for corporate stockholders, shall be jointly and severally liable to the
United States in the event that a claim cannot be satisfied by the
holder.
(h) Except as otherwise expressly provided in this section, the
provision in this section for a remedy is not intended to limit or
exclude any other remedy.
(i) If the right-of-way grant or temporary use permit is issued to
more than one holder, each shall be jointly and severally liable under
this section.
(45 FR 44526, July 1, 1980. Redesignated at 52 FR 25820, July 8,
1987)
43 CFR 2803.2 Holder activity.
(a) If a notice to proceed requirement has been included in the grant
or permit, the holder shall not initiate construction, occupancy or use
until the authorized officer issues a notice to proceed.
(b) Any substantial deviation in location or authorized use by the
holder during construction, operation or maintenance shall be made only
with prior approval of the authorized officer under 2803.6-1 of this
title for the purposes of this paragraph, substantial deviation means:
(1) With respect to location, the holder has constructed the
authorized facility outside the prescribed boundaries of the
right-of-way authorized by the instant grant or permit.
(2) With respect to use, the holder has changed or modified the
authorized use by adding equipment, overhead or underground lines,
pipelines, structures or other facilities not authorized in the instant
grant or permit.
(c) The holder shall notify the authorized officer of any change in
status subsequent to the application or issuance of the right-of-way
grant or temporary use permit. Such changes include, but are not
limited to, legal mailing address, financial condition, business or
corporate status. When requested by the authorized officer, the holder
shall update and/or attest to the accuracy of any information previously
submitted.
(d) If required by the terms of the right-of-way grant or temporary
use permit, the holder shall, subsequent to construction and prior to
commencing operations, submit to the authorized officer a certification
of construction, verifying that the facility has been constructed and
tested in accordance with terms of the right-of-way grant or temporary
use permit, and in compliance with any required plans and
specifications, and applicable Federal and State laws and regulations.
43 CFR 2803.3 Immediate temporary suspension of activities.
(a) If the authorized officer determines that an immediate temporary
suspension of activities within a right-of-way or permit area for
violation of the terms and conditions of the right-of-way authorization
is necessary to protect public health or safety or the environment,
he/she may promptly abate such activities prior to an administrative
proceeding.
(b) The authorized officer may give an immediate temporary suspension
order orally or in writing at the site of the activity to the holder or
a contractor or subcontractor of the holder, or to any representative,
agent, employee or contractor of the holder, and the suspended activity
shall cease at that time. As soon as practicable, the authorized
officer shall confirm an oral order by a written notice to the holder
addressed to the holder or the holder's designated agent.
(c) An order of immediate temporary suspension of activities shall
remain effective until the authorized officer issues an order permitting
resumption of activities.
(d) Any time after an order of immediate temporary suspension has
been issued, the holder may file with the authorized officer a request
for permission to resume. The request shall be in writing and shall
contain a statement of the facts supporting the request.
(e) The authorized officer may render an order to either grant or
deny the request to resume within 5 working days of the date the request
is filed. If the authorized officer does not render an order on the
request within 5 working days, the request shall be considered denied,
and the holder shall have the same right to appeal the denial as if a
final order denying the request had been issued by the authorized
officer.
43 CFR 2803.4 Suspension and termination of right-of-way
authorizations.
(a) If the right-of-way grant or temporary use permit provides by its
terms that it shall terminate on the occurrence of a fixed or
agreed-upon condition, event, or time, the right-of-way authorization
shall thereupon automatically terminate by operation of law, unless some
other procedure is specified in the right-of-way grant or temporary use
permit. The authorized officer may terminate a right-of-way grant or
temporary use permit when the holder requests or consents to its
termination in writing.
(b) The authorized officer may suspend or terminate a right-of-way
grant or temporary use permit if he determines that the holder has
failed to comply with applicable laws or regulations, or any terms,
conditions or stipulations of the right-of-way grant or temporary use
permit or has abandoned the right-of-way.
(c) Failure of the holder of a right-of-way grant to use the
right-of-way for the purpose for which the authorization was issued for
any continuous five-year period shall constitute a presumption of
abandonment. The holder may rebut the presumption by proving that his
failure to use the right-of-way was due to circumstances not within the
holder's control.
(d) Before suspending or terminating a right-of-way grant pursuant to
paragraph (b) of this section, the authorized officer shall give the
holder written notice that such action is contemplated and the grounds
therefor and shall allow the holder a reasonable opportunity to cure
such noncompliance.
(e) In the case of a right-of-way grant that is under its terms an
easement, the authorized officer shall give written notice to the holder
of the suspension or termination and shall refer the matter to the
Office of Hearings and Appeals for a hearing before an Administrative
Law Judge pursuant to 43 CFR part 4. If the Administrative Law Judge
determines that grounds for suspension or termination exist and such
action is justified, the authorized officer shall suspend or terminate
the right-of-way grant.
(45 FR 44526, July 1, 1980, as amended at 47 FR 38806, Sept. 2, 1982)
43 CFR 2803.4-1 Disposition of improvements upon terminations.
Within a reasonable time after termination, revocation or
cancellation of a right-of-way grant, the holder shall, unless directed
otherwise in writing by the authorized officer, remove such structures
and improvements and shall restore the site to a condition satisfactory
to the authorized officer. If the holder fails to remove all such
structures or improvements within a reasonable period, as determined by
the authorized officer, they shall become the property of the United
States, but the holder shall remain liable for the cost of removal of
the structures and improvements and for restoration of the site.
43 CFR 2803.5 Change in Federal jurisdiction or disposal of lands.
(a) Where a right-of-way grant or temporary use permit administered
under these regulations traverses public lands that are transferred to
another Federal agency, administration of the right-of-way shall, at the
discretion of the authorized officer, be assigned to the acquiring
agency unless such assignment would diminish the rights of the holder.
(b) Where a right-of-way grant or temporary use permit traverses
public lands that are transferred out of Federal ownership, the transfer
of the land shall, at the discretion of the authorized officer, include
an assignment of the right-of-way, be made subject to the right-of-way,
or the United States may reserve unto itself the land encumbered by the
right-of-way.
2803.6 Amendments, assignments and renewals.
43 CFR 2803.6-1 Amendments.
(a) Any substantial deviation in location or use as set forth in
2803.2(b) of this title shall require the holder of a grant or permit to
file an amended application. The requirements for the amended
application and the filing are the same and shall be accomplished in the
manner as set forth in subpart 2802 of this title.
(b) Holders of right-of-way grants issued before October 21, 1976,
who find it necessary to amend their grants shall comply with paragraph
(a) of this section in filing their applications. Upon acceptance of
the amended application by the authorized officer an amended
right-of-way grant shall be issued. To the fullest extent possible, and
when in the public interest as determined from current land use plans
and other management decisions, the amended grant shall contain the same
terms and conditions set forth in the original grant with respect to
annual rent, duration and nature of interest.
(45 FR 44526, July 1, 1980, as amended at 47 FR 38806, Sept. 2, 1982)
43 CFR 2803.6-2 Amendments to existing railroad grants.
(a) An amended application required under 2803.6-1(a) or (b), as
appropriate, shall be filed with the authorized officer for any
realignment of a railroad and appurtenant communication facilities which
are required to be relocated due to the realignment. Upon acceptance of
the amended application by the authorized officer, an amended
right-of-way grant shall be issued within 6 months of date of acceptance
of the application. The date of acceptance of the application for the
purpose of this paragraph shall be determined in accordance with
2802.4(a) of this title.
(b) Notwithstanding the regulations of this part, the authorized
officer may include in the amended grant the same terms and conditions
of the original grant with respect to the payment of annual rental,
duration, and nature of interest if he/she finds them to be in the
public interest and the lands involved are not within an incorporated
community and are of approximately equal value.
43 CFR 2803.6-3 Assignments.
Any proposed assignment in whole or in part of any right or interest
in a right-of-way grant or temporary use permit acquired pursuant to the
regulations of this part shall be filed in accordance with 2802.1-1
and 2802.3 of this title. The application for assignment shall be
accompanied by the same showing of qualifications of the assignee as if
the assignee were filing an application for a right-of-way grant or
temporary use permit under the regulations of this part. In addition,
the assignment shall be supported by a stipulation that the assignee
agrees to comply with and to be bound by the terms and conditions of the
grant to be assigned. No assignment shall be recognized unless and
until it is approved in writing by the authorized officer. The
authorized officer may, at the time of approval of the assignment,
modify or add bonding requirements.
(45 FR 44526, July 1, 1980, as amended at 52 FR 25820, July 8, 1987)
43 CFR 2803.6-4 Reimbursement of costs for assignments.
(a) All filings for assignments, except as provided in paragraph (b)
of this section, made pursuant to this section shall be accompanied by a
non-refundable payment of $50 from the assignor. Exceptions for a
nonrefundable payment for an assignment are the same as in 2803.1 of
this title.
(b) Where a holder assigns more than 1 right-of-way grant as a single
action, the authorized officer may, due to economies of scale, set a
nonrefundable fee of less than $50 per assignment.
(52 FR 25820, July 8, 1987)
43 CFR 2803.6-5 Renewals of right-of-way grants and temporary use
permits.
(a) When a grant provides that it may be renewed, the authorized
officer shall renew the grant so long as the project or facility is
still being used for purposes authorized in the original grant and is
being operated and maintained in accordance with all the provisions of
the grant and pursuant to the regulations of this title.
(b) When a grant does not contain a provision for renewal, the
authorized officer, upon request from the holder and prior to the
expiration of the grant, may renew the grant at his discretion. A
renewal pursuant to this section shall comply with the same provisions
contained in paragraph (a) of this section.
(c) Temporary use permits issued pursuant to the regulations of this
part may be renewed at the discretion of the authorized officer. The
holder of a permit desiring a renewal shall notify the authorized
officer in writing of the need for renewal prior to its expiration date.
Upon receipt of the notice, the authorized officer shall either renew
the permit or reject the request.
(d) Renewals of grants and permits pursuant to paragraphs (a), (b)
and (c) of this section are not subject to subpart 2808 of this title.
(e) Denial of any request for renewal by the authorized officer under
paragraphs (b) and (c) of this section shall be final with no right of
review or appeal.
(45 FR 44526, July 1, 1980, as amended at 47 FR 38806, Sept. 2, 1982;
52 FR 25808, July 8, 1987)
43 CFR 2803.6-5 Subpart 2804 -- Appeals
43 CFR 2804.1 Appeals procedure.
(a) All appeals under this part shall be taken under 43 CFR part 4
from any final decision of the authorized officer to the Office of the
Secretary, Board of Land Appeals.
(b) All decisions of the authorized officer under this part shall
remain effective pending appeal unless the Secretary rules otherwise.
Petitions for the stay of a decision shall be filed with the Office of
Hearings and Appeals, Department of the Interior.
(45 FR 44526, July 1, 1980, as amended at 53 FR 17702, May 18, 1988)
43 CFR 2804.1 Subpart 2806 -- Designation of Right-of-Way Corridors
43 CFR 2806.1 Corridor designation.
(a) The authorized officer may, based upon his/her motion or receipt
of an application, designate right-of-way corridors across any public
lands in order to minimize adverse environmental impacts and the
proliferation of separate rights-of-way. The designation of corridors
shall not preclude the granting of separate rights-of-way over, upon,
under or through the public lands where the authorized officer
determines that confinement to a corridor is not appropriate.
(b) Any existing transportation and utility corridor that is capable
of accommodating an additional compatible right-of-way may be designated
as a right-of-way corridor by the authorized officer without further
review as required in 2806.2 of this title. Subsequent right-of-way
grants shall, to the extent practical and as determined by the
authorized officer, be confined to designated corridors, however, the
designation of a right-of-way corridor is not a commitment by the
authorized officer to issue right-of-way grants within the corridor.
All applications for right-of-way grants, including those within
designated corridors, are subject to the procedure for approval set
forth in subpart 2802 of this title.
(45 FR 44526, July 1, 1980, as amended at 47 FR 3806, Sept. 2, 1982)
43 CFR 2806.2 Designation criteria.
The locations and boundary of designated right-of-way corridors shall
be determined by the authorized officer after a thorough review of:
(a) Federal, State and local land-use plans and applicable Federal
and State laws.
(b) Environmental impacts on natural resources including soil, air,
water, fish, wildlife, vegetation and on cultural resources.
(c) Physical effects and constraints on corridor placement or
rights-of-way placed therein due to geology, hydrology, meteorology,
soil or land forms.
(d) Economic efficiency of placing a right-of-way within a corridor,
taking into consideration costs of construction, operation and
maintenance, and costs of modifying or relocating existing facilities in
a proposed corridor.
(e) National security risks.
(f) Potential health and safety hazards to the public lands users and
the general public due to materials or activities within the
right-of-way corridor.
(g) Engineering and technological compatibility of proposed and
existing facilities.
(h) Social and economic impacts of the facilities on public lands
users, adjacent landowners and other groups or individuals.
(45 FR 44526, July 1, 1980, as amended at 47 FR 38806, Sept. 2, 1982)
43 CFR 2806.2-1 Procedures for designation.
(a) The designation of a right-of-way corridor shall be by decision
of the authorized officer. A land use plan or plan amendment which
contains the designation of a right-of-way corridor(s) meets the
notification requirements of this section; and
(b) The authorized officer shall take appropriate measures to inform
the public of designated corridors, so that existing and potential
right-of-way applicants, governmental agencies and the general public
will be aware of such corridor locations and any restrictions applicable
thereto. Public notice of such designations may be given through
publication in local newspapers or through distribution of planning
documents, environmental impact statements or other appropriate
documents.
(45 FR 44526, July 1, 1980, as amended at 47 FR 38806, Sept. 2, 1982)
43 CFR 2806.2-1 Subpart 2807 -- Reservation to Federal Agencies
43 CFR 2807.1 Application filing.
A Federal agency desiring a right-of-way or temporary use permit
over, upon, under or through the public lands pursuant to this part,
shall apply to the authorized officer and comply with the provisions of
subpart 2802 of this title to the extent that the requirements of
subpart 2802 of this title are appropriate for Federal agencies.
43 CFR 2807.1-1 Document preparation.
(a) The right-of-way reservation need not conform to the agency's
proposal, but may contain such modifications, terms, conditions or
stipulations, including changes in route or site location, as the
authorized officer determines appropriate.
(b) All provisions of the regulations contained in this part shall,
to the extent possible, apply and be incorporated into the reservation
to the Federal agency.
43 CFR 2807.1-2 Reservation termination and suspension.
The authorized officer may suspend or terminate the reservation only
in accordance with the terms and conditions of the reservation, or with
the consent of the head of the department or agency holding the
reservation.
43 CFR 2807.1-2 Subpart 2808 -- Reimbursement of Costs
Source: 52 FR 25808, July 8, 1987, unless otherwise noted.
43 CFR 2808.1 General.
(a) An applicant for a right-of-way grant or temporary use permit
under this part shall reimburse the United States in advance for the
expected reasonable administrative and other costs incurred by the
United States in processing the application, including the preparation
of any reports or statements pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), prior to the United States
having incurred such costs.
(b) The regulations in this subpart do not apply to the following:
(1) Federal agencies;
(2) State and local governments or agencies or instrumentalities
thereof when a right-of-way grant or temporary use permit is granted for
governmental purposes benefiting the general public. However, if the
principal source of revenue results from charges being levied on
customers for services similar to those rendered by a profitmaking
corporation or business, they shall not be exempt; or
(3) Cost share roads or reciprocal right-of-way agreements.
(52 FR 25808, July 8, 1987; 52 FR 34456, Sept. 11, 1987)
2808.2 Cost recovery categories.
43 CFR 2808.2-1 Application categories.
(a) The following categories shall be used to establish the
appropriate nonrefundable fee for each application pursuant to the fee
schedule in 2808.3-1 of this title:
(1) Category I. An application for a right-of-way grant or temporary
use permit to authorize a use of public lands for which the data
necessary to comply with the National Environmental Policy Act and other
statutes are available in the office of the authorized officer or from
data furnished by the applicant; and no field examination is required.
(2) Category II. An application for a right-of-way grant or
temporary use permit to authorize a use of public lands for which the
data necessary to comply with the National Environmental Policy Act and
other statutes are available in the office of the authorized officer or
from data furnished by the applicant; and 1 field examination to verify
existing data is required.
(3) Category III. An application for a right-of-way grant or
temporary use permit to authorize a use of public lands for which the
data necessary to comply with the National Environmental Policy Act and
other statutes are available in the office of the authorized officer or
from data furnished by the applicant; and 2 field examinations to
verify existing data are required.
(4) Category IV. An application for a right-of-way grant or
temporary use permit to authorize a use of public lands for which some
original data are required to be gathered to comply with the National
Environmental Policy Act and other statutes; and 2 or 3 field
examinations are required.
(5) Category V. An application for a right-of-way grant or temporary
use permit to authorize a use of public lands for which the gathering of
original data are required to comply with the National Environmental
Policy Act and other statutes; and 3 or more field examinations are
required.
43 CFR 2808.2-2 Category determination.
(a) The authorized officer shall determine the appropriate category
and collect the required application processing fee pursuant to
2808.3-1 and 2808.5 of this title before processing an application. A
record of the authorized officer's category determination shall be made
and given to the applicant. This determination is a final decision for
purposes of appeal under 2804.1 of this title. Where an appeal is
filed, actions pending decision on appeal shall be in accordance with
2808.6 of this title.
(b) During the processing of an application, the authorized officer
may change a category determination to place an application in Category
V at any time it is determined that the application requires the
preparation of an environmental impact statement. A record of change in
category determination under this paragraph shall be made and furnished
to the applicant. The revised determination is appealable in the same
manner as an original category determination under paragraph (a) of this
section. No other changes of category determination shall be permitted.
2808.3 Fees and payments.
43 CFR 2808.3-1 Application fees.
(a) The fee by category for processing an application for a
right-of-way or temporary use permit is:
(b) Where the amount submitted by the applicant under paragraph (a)
of this section exceeds the amount of the required fee determined by the
authorized officer, the excess shall be refunded. If requested in
writing by the applicant, the authorized officer may apply all or part
of any such refund to the grant monitoring fee required under 2808.4 of
this title or to the rental payment required by 2803.1-2 of this title.
(c) Upon a determination that an application falls under Category V:
(1) The authorized officer shall:
(i) Complete a preliminary scoping of the issues involved;
(ii) Prepare a preliminary work plan;
(iii) Develop a preliminary financial plan, estimating the actual
costs to be incurred by the United States in the processing of the
application; and
(iv) Discuss funding availability, options for cost reimbursement
(i.e., a determination of actual costs under section 304(b) of the Act,
paying all actual costs, or selecting the 1 percent ceiling), and
information to be submitted by the applicant, including construction
costs and other financial information.
(2) An applicant/holder may submit a written analysis of the
estimated actual cost showing specific monetary value considerations,
public benefits, public services, or other data or information which
would support a finding that an application for a right-of-way grant or
temporary use permit qualified for a reduction or waiver of cost
reimbursement under section 303(b) of the Act or 2808.5 of this title.
If the applicant elects a cost analysis under this paragraph, the
provisions of paragraph (f) of this section shall not apply.
(d) The authorized officer shall discuss the preliminary plans and
data and verify the information that may be submitted under paragraph
(c) of this section by the applicant. The applicant is encouraged to do
all or part of any special study or analysis required in connection with
the processing of the application to standards established by the
authorized officer.
(e) After coordination with the applicant as required by paragraph
(d) of this section, the authorized officer shall develop final scoping,
work and financial plans which reflect any work the applicant agrees to
do and complete a final estimate of the amount of the actual costs to be
reimbursed by the applicant, giving consideration to the factors set
forth in section 304(b) of the Act.
(f) An applicant may elect to waive consideration of reasonable costs
under paragraph (e) of this section and either: (1) Agree to pay all
actual costs incurred by the United States in processing the application
and monitoring the grant or temporary use permit; or (2) pay the actual
costs of processing the application and monitoring the right-of-way
grant up to the amount estimated by the authorized officer to equal 1
percent of the applicant's planned costs of construction of the project
on the public lands for which a right-of-way grant is sought. Under
this alternative, the applicant shall not be responsible for actual
costs exceeding 1 percent of the estimated cost of constructing the
proposed facilities on public lands. The request for a waiver shall be
in writing and filed with the authorized officer.
(g) The applicant shall reimburse the United States for the
applicant's share of costs, as determined under paragraphs (e) and (f)
of this section, before the grant or permit shall issue.
(h) Where a State Director grants a reduction or waiver of cost
reimbursement under the provisions of paragraph (e) of this section
and/or 2808.5 of this title or where the reimbursable costs of
processing an application are determined to exceed 1 percent of the cost
of construction of the facilities under paragraph (f) of this section,
the necessary funding shall be available either through the Bureau's
appropriation process or otherwise made available for the processing of
the application or such processing shall not proceed.
(i) The authorized officer shall provide the applicant with a written
determination of the reasonable costs to be reimbursed by the applicant
or holder and those that will be funded by the United States under
paragraphs (e) and (f) of this section and 2808.5 of this title. This
determination is a final decision for purposes of appeal under 2804.1
of this title. Where an appeal is filed, actions pending decision on
appeal shall be in accordance with 2808.6 of this title.
43 CFR 2808.3-2 Periodic advance payments.
(a) The authorized officer may periodically estimate the reasonable
costs expected to be incurred by the United States for specific work
periods in processing an application determined to be in Category V or
monitoring the right-of-way grant or temporary use permit under the
provisions of 2808.3-1 (e) through (f) of this title and shall notify
the applicant of the estimated amount to be reimbursed for the period
and the applicant shall make payment of such estimated reimbursable
costs prior to the incurring of such costs by the United States.
(b) If the payments required by paragraph (a) of this section exceed
the actual costs incurred by the United States, the authorized officer
shall adjust the next billing to reflect the overpayment, or make a
refund from applicable funds under the authority of 43 U.S.C. 1734. An
applicant shall not set off or otherwise deduct any debt due it or any
sum claimed to be owed it by the United States without the prior written
approval of the authorized officer.
(c) The authorized officer may re-estimate the actual costs
determined under 2808.3-1 (e) through (g) of this title at any time it
is determined that a change warranting a re-estimate occurs. An appeal
of a re-estimate shall be treated in the same manner as an original
estimate made under 2808.3-1(e) of this title.
(d) Before issuance of a right-of-way grant or temporary use permit,
an applicant shall pay such additional amounts as are necessary to
reimburse the United States in full for any costs incurred, but not yet
paid under 2808.3-1(h) of this title.
43 CFR 2808.3-3 Costs incurred for a withdrawn or denied application.
(a) An applicant whose application is denied is liable for any costs
incurred by the United States in processing the application. Those
amounts that have not been paid are due within 30 days of the receipt of
a bill from the authorized officer identifying the amount due.
(b) An applicant who withdraws an application before a grant or
temporary use permit is issued is liable for all costs incurred by the
United States in processing the application up to the date the
authorized officer receives the written notice of withdrawal, and for
costs subsequently incurred in terminating the processing of said
application. Those amounts that have not been paid are due within 30
days of receipt of a bill from the authorized officer identifying the
amount due.
43 CFR 2808.3-4 Joint liability for payments.
(a) When 2 or more applications for a right-of-way grant are filed
which the authorized officer determines to be in competition with each
other, each applicant shall reimburse the United States as required by
2808.3 of this title, subject however, to the provisions of 2808.1(b)
of this title. Each applicant shall be responsible for the
reimbursement of the reasonable costs identified with his/her
application. Costs that are not readily identifiable with either of the
applications, such as costs for portions of an environmental impact
statement that relate to all of the applications, generally, shall be
paid by each applicant in equal shares or such other proportion as may
be agreed to in writing by the applicants and the authorized officer
prior to the United States incurring such costs.
(b) When, through partnership, joint venture or other business
arrangements, more than 1 person, partnership, corporation, association
or other entity apply together for a right-of-way grant or temporary use
permit, each such applicant shall be jointly and severally liable for
costs under 2808.3 of this title for the entire system, subject
however, to the provision of 2808.1(b) of this title.
43 CFR 2808.4 Reimbursement of costs for monitoring.
(a) A holder of a right-of-way grant or temporary use permit for
which a fee was assessed under 2808.3 of this title shall, prior to the
United States incurring such costs, reimburse the United States for
costs to be incurred by the United States in monitoring the
construction, operation, maintenance and termination of authorized
facilities on the right-of-way grant or temporary use permit area, and
for protection and rehabilitation of the lands involved, under the
following schedule:
(1) The same category as determined under 2808.2-2 of this title for
processing of an application for a right-of-way grant or temporary use
permit shall be used for monitoring. The one-time fee for monitoring a
right-of-way grant or temporary use permit determined to be in
Categories I through IV is as follows:
(2) The monitoring fee for a right-of-way grant or temporary use
permit determined to be in Category V shall be included with the costs
determined under 2808.3-1 through 2808.3-4 of this title.
(b) The holder shall submit the payment for the cost of monitoring
required by paragraph (a)(1) of this section or the first periodic
advance payment required under 2808.3-2 of this title, as appropriate,
along with the written acceptance of the terms and conditions of the
grant or permit. No right-of-way grant or temporary use permit shall be
issued until the required payment is made.
(52 FR 25808, July 8, 1987; 52 FR 36576, Sept. 30, 1987)
43 CFR 2808.5 Other cost considerations.
(a) The State Director, after consultation with an applicant or
holder making a request for a reduction or waiver of reimbursable costs
under 2808.3-1 of this title, may reduce or waive reimbursement
required under 2808.3-1 through 2808.3-4 of this title. In reaching a
decision, the State Director may require the applicant/holder to submit
in writing any information or data in addition to that required by
2808.3-1(c) of this title that he/she determines to be needed to support
a proposed finding that an application, grant or temporary use permit
qualifies for a reduction or waiver of cost reimbursement. Action on a
Category V application shall be suspended pending the State Director's
decision.
(b) The State Director may base the decision to reduce or waive
reimbursable costs on any of the following factors:
(1) The applicant's/holder's financial condition is such that payment
of the fee would result in undue financial hardship;
(2) The application processing or grant monitoring costs are
determined to be grossly excessive in relation to the costs of
constructing the facilities or project requiring the right-of-way grant
or temporary use permit on the public lands;
(3) A major portion of the application processing or grant monitoring
costs are the result of issues not related to the actual right-of-way
grant or temporary use permit;
(4) The applicant/holder is a nonprofit organization, corporation or
association which is not controlled by or a subsidiary of a profitmaking
enterprise;
(5) The studies undertaken in connection with the processing of the
application have a public benefit;
(6) The facility or project requiring the right-of-way grant will
provide a special service to the public or to a program of the
Secretary;
(7) A right-of-way grant is needed to construct a facility to prevent
or mitigate damages to any lands or improvements or 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;
(8) The holder of a valid existing right-of-way grant is required to
secure a new right-of-way grant in order to relocate facilities which
are required to be moved because the lands are needed for a Federal or
federally funded project, if such relocation is not funded by the United
States;
(9) Relocation of a facility on a valid existing right-of-way grant
requires a new or amended right-of-way grant in order to comply with the
law, regulations or standards of public health and safety and
environmental protection which were not in effect at the time the
original right-of-way grant or temporary use permit was issued; or
(10) It is demonstrated that because of compelling public benefits or
public services provided, or for other causes, collection of
reimbursable costs by the United States for processing an application,
for a grant or permit would be inconsistent with prudent and appropriate
management of the public lands and the equitable interest of the
applicant/holder or of the United States.
(c) The State Director may consider a reduction or waiver of fees
under this section in determining reimbursable costs made under 2808.3
of this title. Said determination is a final decision for purposes of
appeal under 2804.1 of this title. Where an appeal is filed, actions
pending decision on appeal shall be in accordance with 2808.6 of this
title.
(d) Notwithstanding a finding by the State Director that there is a
basis for reduction of the costs required to be reimbursed under this
subpart, the State Director may not reduce such costs if funds to
process the application(s) or to monitor the grant(s) or permit(s) are
not otherwise available or may delay such decision pending the
availability of funds.
(52 FR 25808, July 8, 1987; 52 FR 34456, Sept. 11, 1987)
43 CFR 2808.6 Action pending decision on appeal.
(a) Where an appeal is filed on an application determined under
2808.2-2(a) of this title to be in Categories I through IV, an
application shall not be accepted for processing without payment of the
fee for such application according to the category determined by the
authorized officer; however, when payment is made, the application may
be processed and, if proper, the grant or temporary use permit issued.
The authorized officer shall make any refund or other adjustment
directed as a result of an appeal.
(b) Where an appeal is filed for an application determined under
2808.2-2(a) of this title to be in Category V or for a related cost
reimbursement determination under 2808.3-1 (e) through (g) or
2808.5(c) of this title, processing of the application shall be
suspended pending the outcome of the appeal.
(52 FR 25808, July 8, 1987; 52 FR 36576, Sept. 30, 1987)
43 CFR 2808.6 PART 2810 -- TRAMROADS AND LOGGING ROADS
43 CFR 2808.6 Subpart 2812 -- Over O. and C. and Coos Bay Revested
Lands
Sec.
2812.0-3 Authority.
2812.0-5 Definitions.
2812.0-6 Statement of policy.
2812.0-7 Cross reference.
2812.1 Application procedures.
2812.1-1 Filing.
2812.1-2 Contents.
2812.1-3 Unauthorized use, occupancy, or development.
2812.2 Nature of permit.
2812.2-1 Nonexclusive license.
2812.2-2 Right of permittee to authorize use by third parties.
2812.2-3 Construction in advance of permit.
2812.3 Right-of-way and road use agreement.
2812.3-1 Rights over lands controlled by applicant.
2812.3-2 Other roads and rights-of-way controlled by applicant.
2812.3-3 Form of grant to the United States, recordation.
2812.3-4 Where no road use agreement is required.
2812.3-5 Use by the United States and its licensees of rights
received from a permittee.
2812.3-6 Duration and location of rights granted or received by the
United States.
2812.3-7 Permittee's agreement with United States respecting
compensation and adjustment of road use.
2812.4 Arbitration and agreements.
2812.4-1 Agreements and arbitration between permittee and licensee
respecting compensation payable by licensee to permittee for use of
road.
2812.4-2 Compensation payable by United States to permittee for use
of road.
2812.4-3 Agreements and arbitration between permittee and licensee
respecting adjustment of road use.
2812.4-4 Arbitration procedure.
2812.5 Payment to the United States, bond.
2812.5-1 Payment required for O. and C. timber.
2812.5-2 Payment to the United States for road use.
2812.5-3 Bond in connection with existing roads.
2812.6 Approval and terms of permit.
2812.6-1 Approval.
2812.6-2 Terms and conditions of permit.
2812.7 Assignment of permit.
2812.8 Cause for termination of permittee's rights.
2812.8-1 Notice of termination.
2812.8-2 Remedies for violations by licensee.
2812.8-3 Disposition of property on termination of permit.
2812.9 Appeals.
Authority: 43 U.S.C. 1181a, 1181b, 1732, 1733, and 1740.
43 CFR 2808.6 Subpart 2812 -- Over O. and C. and Coos Bay Revested
Lands
Source: 35 FR 9638, June 13, 1970, unless otherwise noted.
43 CFR 2812.0-3 Authority.
Sections 303 and 310 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1732, 1733, and 1740), and the Act of August 28, 1937
(43 U.S.C. 1181a and 1181b), provide for the conservation and management
of the Oregon and California Railroad lands and the Coos Bay Wagon Road
lands and authorize the Secretary of the Interior to issue regulations
providing for the use, occupancy, and development of the public lands
through permits and rights-of-way.
(54 FR 25855, June 20, 1989)
43 CFR 2812.0-5 Definitions.
Except as the context may otherwise indicate, as the terms are used
in this paragraph:
(a) Bureau means Bureau of Land Management.
(b) Timber of the United States or federal timber means timber owned
by the United States or managed by any agency thereof, including timber
on allotted and tribal Indian lands in the O. and C. area.
(c) State Director means the State Director, Bureau of Land
Management, or his authorized representative.
(d) Authorized Officer means an employee of the Bureau of Land
Management to whom has been delegated the authority to take action.
(e) O. and C. lands means the Revested Oregon and California
Railroad and Reconveyed Coos Bay Wagon Road Grant Lands, other lands
administered by the Bureau under the provisions of the act approved
August 28, 1937, and the public lands administered by the Bureau of Land
Management which are in Oregon and in and west of Range 8 E., Willamette
Meridian, Oregon.
(f) Tramroads include tramways, and wagon or motor-truck roads to be
used in connection with logging, and the manufacturing of lumber; it
also includes railroads to be used principally for the transportation,
in connection with such activities, of the property of the owner of such
railroad.
(g) Management means police protection, fire presuppression and
suppression, inspection, cruising, reforesting, thinning, stand
improvement, inventorying, surveying, construction and maintenance of
improvements, disposal of land, the eradication of forest insects, pests
and disease, and other activities of a similar nature.
(h) Licensee of the United States is, with respect to any road or
right-of-way, any person who is authorized to remove timber or forest
products from lands of the United States, or to remove timber or forest
products from other lands committed by a cooperative agreement to
coordinated administration with the timber of the United States over
such road or right-of-way while it is covered by an outstanding permit,
or while a former permittee is entitled to receive compensation for such
use under the provisions of these regulations. A licensee is not an
agent of the United States.
(i) Direct control of a road, right-of-way, or land, by an applicant
for a permit hereunder means that such applicant has authority to permit
the United States and its licensees to use such road, right-of-way of
land in accordance with this paragraph.
(j) Indirect control of a road, right-of-way, or land, by an
applicant hereunder means that such road, right-of-way, or land, is not
directly controlled by him but is subject to use by him or by:
(1) A principal, disclosed or undisclosed, of the applicant; or
(2) A beneficiary of any trust or estate administered or established
by the applicant; or
(3) Any person having or exercising the right to designate the
immediate destination of the timber to be transported over the
right-of-way for which application is made; or
(4) Any person who at any time has owned, or controlled the
disposition of the timber to be transported over the right-of-way
applied for, and during the 24 months preceding the filing of the
application has disposed of such ownership or control to the applicant
or his predecessor, under an agreement reserving or conferring upon the
grantor the right to share directly or indirectly in the proceeds
realized upon the grantee's disposal to third persons of the timber or
products derived therefrom or the right to reacquire ownership or
control of all or any part of the timber prior to the time when it
undergoes its first mechanical alteration from the form of logs; or
(5) Any person who stands in such relation to the applicant that
there is liable to be absence of arm's length bargaining in transactions
between them relating to such road, rights-of-way, or lands.
43 CFR 2812.0-6 Statement of policy.
(a) The intermingled character of the O. and C. lands presents
peculiar problems of management which require for their solution the
cooperation between the Federal Government and the owners of the
intermingled lands, particularly with respect to timber roads.
(b) It is well established that the value of standing timber is
determined in significant part by the cost of transporting the logs to
the mill. Where there is an existing road which is adequate or can
readily be made adequate for the removal of timber in the area, the
failure to make such road available for access to all the mature and
overmature timber it could tap leads to economic waste. Blocks of
timber which are insufficient in volume or value to support the
construction of a duplicating road may be left in the woods for lack of
access over the existing road. Moreover, the duplication of an existing
road reduces the value of the federal and other timber which is tapped
by the existing road.
(c) It is also clear that the Department of the Interior, which is
responsible for the conservation of the resources of the O. and C.
lands and is charged specifically with operating the timber lands on a
sustained-yield basis, must have access to these lands for the purpose
of managing them and their resources. In addition, where the public
interest requires the disposition of Federal timber by competitive
bidding, prospective bidders must have an opportunity to reach the
timber to be sold. Likewise, where other timber is committed by
cooperative agreement to coordinated administration with timber of the
United States, there must be access to both.
(d) Accordingly, to the extent that in the judgment of the authorized
officer it appears necessary to accomplish these purposes, when the
United States, acting through the Bureau of Land Management, grants a
right-of-way across O. and C. lands to a private operator, the private
operator will be required to grant to the United States for use by it
and its licensees:
(1) Rights-of-way across lands controlled directly or indirectly by
him;
(2) The right to use, to the extent indicated in 2812.3-5 and
2812.3-6, any portions of the road system or rights-of-way controlled
directly or indirectly by the private operator which is adequate or can
economically be made adequate to accommodate the probable normal
requirements of both the operator and of the United States and its
licensees, and which form an integral part of or may be added to the
road system with which the requested right-of-way will connect;
(3) The right to extend such road system across the operator's lands
to reach federal roads or timber; and
(4) In addition, in the limited circumstances set forth in 2812.3-2
of this subpart the right to use certain other roads and rights-of-way.
The permit will describe by legal subdivisions the lands of the operator
as to which the United States receives rights. In addition, the extent
and duration of the rights received by the United States will be
specifically stated in the permit and ordinarily will embrace only those
portions of such road system, rights-of-way and lands as may be actually
needed for the management and removal of federal timber, or other timber
committed by a cooperative agreement to coordinated administration with
timber of the United States.
(e) When the United States or a licensee of the United States uses
any portion of a permittee's road system for the removal of forest
products, the permittee will be entitled to receive just compensation,
including a fair share of the maintenance and amortization charges
attributable to such road, and to prescribe reasonable road operating
rules, in accordance with 2812.3-7 to 2812.4-4.
(f) As some examples of how this policy would be applied in
particular instances, the United States may issue a permit under subpart
2812 without requesting any rights with respect to roads, rights-of-way
or lands which the authorized officer finds will not be required for
management of or access to Federal timber, or timber included in a
cooperative agreement. Where, however, the authorized officer finds
that there is a road controlled directly or indirectly by the applicant,
which will be needed for such purposes and which he finds either has
capacity to accommodate the probable normal requirements both of the
applicant and of the Government and its licensees, or such additional
capacity can be most economically provided by an investment in such road
system by the Government rather than by the construction of a duplicate
road, he may require, for the period of time during which the United
States and its licensees will have need for the road, the rights to use
the road for the marketing and management of its timber and of timber
included in a cooperative agreement in return for the granting of
rights-of-way across O. and C. lands, and an agreement that the road
builder will be paid a fair share of the cost of the road and its
maintenance. Where it appears to the authorized officer that such a
road will not be adequate or cannot economically be enlarged to handle
the probable normal requirements both of the private operator and of the
United States and its licensees, or even where the authorized officer
has reasonable doubt as to such capacity, he will not request rights
over such a road. Instead, the Bureau will make provision for its own
road system either by providing in its timber sale contracts that in
return for the road cost allowance made in fixing the appraised value of
the timber, timber purchasers will construct or extend a different road
system, or by expending for such construction or by extension monies
appropriated for such purposes by the Congress, or, where feasible, by
using an existing duplicating road over which the Government has
obtained road rights. In such circumstances, however, road cost and
maintenance allowances made in the stumpage price of O. and C. timber
will be required to be applied to the road which the Bureau has the
right to use, and thereafter will not in any circumstances be available
for amortization or maintenance costs of the applicant's road.
(g) When a right-of-way permit is issued for a road or road system
over which the United States obtains rights of use for itself and its
licensees, the authorized officer will seek to agree with the applicant
respecting such matters as the time, route, and specifications for the
future development of the road system involved; the portion of the
capital and maintenance costs of the road system to be borne by the
timber to be transported over the road system by the United States and
its licensees; a formula for determining the proportion of the capacity
of the road system which is to be available to the United States and its
licensees for the transportation of forest products; and other similar
matters respecting the use of the road by the United States and its
licensees and the compensation payable therefor. To the extent that any
such matter is not embraced in such an agreement, it will be settled by
negotiation between the permittee and the individual licensees of the
United States who use the road, and, in the event of their disagreement,
by private arbitration between them in accordance with the laws of the
State of Oregon.
(h) The authorized officer may in his discretion, issue short term
right-of-way permits for periods not exceeding three years, subject to
one-year extensions in his discretion. Such permits shall specify the
volume of timber which may be carried over the right-of-way and the area
from which such timber may be logged. The permits shall be revocable by
the authorized officer, the State Director, or the Secretary for
violation of their terms and conditions or of these regulations or if
hazardous conditions result from the construction, maintenance or use of
the rights-of-way by the permittees or those acting under their
authority. As a condition for the granting of such permits, the
applicant must comply with 2812.3-1 and 2812.3-3 of this subpart to
the extent that rights-of-way and road use rights are needed to remove
government timber offered for sale in the same general area during the
period for which the short term right-of-way is granted.
(i) The authorized officer may, in his discretion, issue to private
operators rights-of-way across O. and C. lands, needed for the conduct
of salvage operations, for a period not to exceed five years. A salvage
operation as used in this paragraph means the removal of trees injured
or killed by windstorms, insect infestation, disease, or fire, together
with any adjacent green timber needed to make an economic logging show.
As a condition of the granting of such rights-of-way, the operator will
be required, when the authorized officer deems it necessary, to grant to
the United States and its licensees for the conduct of salvage
operations on O. and C. lands for a period not to exceed five years,
rights-of-way across lands controlled directly or indirectly by him and
to grant the right to use to the extent indicated in 2812.3-5 and
2812.3-6 any portions of the road system controlled directly or
indirectly by the private operator which is adequate or can economically
be made adequate to accommodate the requirements of both the operator
and of the United States and its licensees.
(35 FR 9637, June 13, 1970, as amended at 41 FR 21642, May 27, 1976)
43 CFR 2812.0-7 Cross reference.
For disposal of timber or material to a trespasser, see 9239.0-9 of
this chapter.
2812.1 Application procedures.
43 CFR 2812.1-1 Filing.
(a) An application for a permit for a right-of-way over the O. and
C. lands must be submitted in duplicate on a form prescribed by the
Director and filed in the appropriate district office. Application
forms will be furnished upon request.
(b) Any application filed hereunder, including each agreement
submitted by the applicant as a part thereof or as a condition precedent
to the issuance of a permit, may be withdrawn by the applicant by
written notice delivered to the authorized officer prior to the time the
permit applied for has been issued to, and accepted by, the applicant.
(35 FR 9637, June 13, 1970, as amended at 41 FR 21642, May 27, 1976)
43 CFR 2812.1-2 Contents.
(a) An individual applicant and each member of any unincorporated
association which is an applicant must state in the application whether
he is a native born or a naturalized citizen of the United States.
Naturalized citizens will be required to furnish evidence of
naturalization pursuant to the provisions of 2802.1-4.
(b) An application by a private corporation must be accompanied by
two copies of its articles of incorporation, one of which must be
certified by the proper official of the company under its corporate
seal, or by the secretary of the State where organized. A corporation
organized in a State other than Oregon must submit a certificate issued
by the State of Oregon attesting that the corporation is authorized to
transact business within that State. The requirements of this paragraph
shall be deemed satisfied if the corporation, having once filed the
required documents, makes specific reference to the date and case number
of such previous applications, states what changes, if any, have been
made since the prior filings, and includes a statement that the right of
the company to do business in the State of Oregon has not lapsed or
terminated.
(c) Where the application is for a right-of-way on any portion of
which the applicant proposes to construct a road, it must be accompanied
by two copies of a map prepared on a scale of 4 inches or 8 inches to
the mile. Showing the survey of the right-of-way so that it may be
accurately located on the ground. The map should comply with the
following requirements, except as the authorized officer may waive in
any particular instance all or any of such requirements:
Courses and distances of the center line of the right-of-way should
be given; the courses referred to the true meridian and the distance in
feet and decimals thereof. The initial and terminal points of the
survey must be accurately connected by course and distance to the
nearest readily identifiable corner of the public land surveys, or, if
there be no such corner within two miles, then connected to two
permanent and prominent monuments or natural objects. All subdivisions
of the public lands surveys, any part of which is within the limits of
the survey, should be shown in their entirety, based upon the official
subsisting plat with subdivisions, section, township, and range clearly
marked. The width of the right-of-way should be given; and if not of
uniform width, the locations and amount of change must be definitely
shown. There shall also be a statement on the face of or appended to
the map indicating the grade and usable width of the road to be
constructed, the type of material which will be used for the surface,
the type and extent of the drainage facilities, and the type of
construction and estimated capacity of any bridges. The map should bear
upon its face the statement of the person who made the survey, if any,
and the certificate of the applicant; such statement and certificate
should be as set out in Forms as approved by the Director.
(d) Where the application is for the use of an existing road, a map
adequate to show the location thereof will be required, together with a
statement of the specific nature and location of any proposed
improvements to such road. A blank map suitable for most cases may be
procured from the appropriate district forester.
(e) Every application for a right-of-way must also be accompanied by
a diagram indicating the roads and rights-of-way which form an integral
part of the road system with which the requested right-of-way will
connect, the portions of such road system which the applicant directly
controls within the meaning of 2812.0-5(i), the portions thereof which
the applicant indirectly controls within the meaning of 2812.0-5(j),
and the portions thereof as to which the applicant has no control within
the meaning of such sections. As to the portions over which the
applicant has no control, he must furnish a statement showing for the
two years preceding the date of the filing of the application, all
periods of time that he had direct or indirect control thereof, and the
date and nature of any changes in such control. The diagram shall also
contain the name of the person whom the applicant believes directly
controls any portion of such road system which the applicant does not
directly control. Where a right-of-way for a railroad is involved, the
applicant must indicate which portions of the right-of-way will be
available for use as truck roads upon the removal of the rails and ties
and the probable date of such removal. Blank diagram forms, suitable
for most cases, may be obtained from the appropriate district forester.
43 CFR 2812.1-3 Unauthorized use, occupancy, or development.
Any use, occupancy, or development of the Revested Oregon and
California Railroad and Reconveyed Coos Bay Wagon Road Grant Lands (O &
C) lands (as is defined in 43 CFR 2812.0-5(e)), for tramroads without an
authorization pursuant to this subpart, or which is beyond the scope and
specific limitations of such an authorization, or that cause unnecessary
or undue degradation, is prohibited and shall constitute a trespass as
defined in 2800.0-5. Anyone determined by the authorized officer to be
in violation of this section shall be notified of such trespass in
writing and shall be liable to the United States for all costs and
payments determined in the same manner as set forth at 2801.3, part
2800 of this title.
(54 FR 25855, June 20, 1989)
2812.2 Nature of permit.
43 CFR 2812.2-1 Nonexclusive license.
Permits for rights-of-way for tramroads, do not constitute easements,
and do not confer any rights on the permittee to any material for
construction or other purposes except, in accordance with the provisions
of 2812.6-2 and 2812.8-3, such materials as may have been placed on
such lands by a permittee. The permits are merely nonexclusive licenses
to transport forest products owned by the permittee. Such permits may
be canceled pursuant to 2812.8.
43 CFR 2812.2-2 Right of permittee to authorize use by third parties.
A permittee may not authorize other persons to use the right-of-way
for the transportation of forest products which are not owned by the
permittee. Any person, other than the permittee or a licensee of the
United States who desires to use the right-of-way for such purposes, is
required to make application therefor and to comply with all the
provisions of these regulations relating to applications and applicants:
Provided, however, That upon the request of a permittee the authorized
officer may, with respect to an independent contractor who desires to
use such right-of-way for the transportation of forest products owned by
such independent contractor and derived from timber or logs acquired by
him from such permittee, waive the requirements of this sentence. Where
the right-of-way involved has been substantially improved by the holder
of an outstanding permit, any subsequent permit issued for the same
right-of-way will be conditioned upon the subsequent permittee's
agreement while the prior permit is outstanding, to be bound by the road
rules of and to pay fair compensation to, the prior permittee, such
rules and compensation to be agreed upon by the prior and subsequent
permittee in accordance with the procedures and standards established by
the regulations in 2812.4-1, 2812.4-3, and 2812.4-4 of this subpart.
43 CFR 2812.2-3 Construction in advance of permit.
The authorized officer may grant an applicant authority to construct
improvements on a proposed right-of-way prior to a determination whether
the permit should issue. Such advance authority shall not be construed
as any representation or commitment that a permit will issue. Upon
demand by the authorized officer, the applicant will fully and promptly
comply with all the requirements imposed under and by this paragraph.
Advance construction will not be authorized unless and until applicant
has complied with 2812.1-1, 2812.1-2, 2812.3-1 and 2812.5-1.
2812.3 Right-of-way and road use agreement.
43 CFR 2812.3-1 Rights over lands controlled by applicant.
Where, in the judgment of the authorized officer, it appears
necessary in order to carry out the policy set forth in 2812.0-6, he
may require the applicant, as a condition precedent to the issuance of
the permit:
(a) To grant to the United States, for use by it and its licensees
and permittees, rights-of-way across lands in the O. and C. area
directly controlled by the applicant; and as to lands in such area
which are indirectly controlled by him, either to obtain such rights for
the United States or to make a showing satisfactory to the authorized
officer that he has negotiated therefor in good faith and to waive as to
the United States, its licensees and permittees any exclusive or
restricted right he may have to such lands as are indirectly controlled
by him.
(b) In addition, to agree to permit the United States and its
licensees, upon the payment of fair compensation as hereinafter
provided, to use under the terms and conditions of this paragraph such
portion as the applicant directly controls of the road system and
rights-of-way which are an integral part of or may be added to the road
system with which the right-of-way applied for will connect, and as to
the portions of such road system or rights-of-way as the applicant
indirectly controls, either to obtain such rights for the United States
and its licensees or to make a showing satisfactory to the authorized
officer that he has negotiated therefor in good faith and, in such
latter circumstance, to waive as to the United States and its licensees
any exclusive or restricted right he may have in such portion of the
road system and rights-of-way.
43 CFR 2812.3-2 Other roads and rights-of-way controlled by applicant.
In addition to the private road systems and rights-of-way described
in 2812.3-1 in the event the applicant controls directly or indirectly
other roads or rights-of-way in any O. and C. area where the
authorized officer of the Bureau finds that, as of the time of filing or
during the pendency of the application, the United States is
unreasonably denied access to its timber for management purposes or
where, as of such time, competitive bidding by all prospective
purchasers of timber managed by the Bureau in the O. and C. area, or
of other Federal timber intermingled with or adjacent to such timber, is
substantially precluded by reason of the applicant's control, direct or
indirect, of such roads or rights-of-way, the authorized officer may
require the applicant to negotiate an agreement granting to the United
States and its licensees the right to use, in accordance with the terms
and conditions of this paragraph such portion of such roads or
rights-of-way as may be necessary to accommodate such management or
competitive bidding.
43 CFR 2812.3-3 Form of grant to the United States, recordation.
Any grant of rights to the United States under this section shall be
executed on a form prescribed by the Director which shall constitute and
form a part of any permit issued upon the application involved. The
applicant shall record such agreement in the office of land records of
the county or counties in which the roads, rights-of-way, or lands,
subject to the agreement are located, and submit evidence of such
recordation to the appropriate district manager.
43 CFR 2812.3-4 Where no road use agreement is required.
Where, in the judgment of the authorized officer, it is consistent
with the policy set forth in subpart 2811 he may issue a permit without
requesting the applicant to grant any rights to the United States under
this paragraph.
43 CFR 2812.3-5 Use by the United States and its licensees of rights
received from a permittee.
The use by the United States and its licensees of any of the rights
received from a permittee hereunder shall be limited to that which is
necessary for management purposes, or to reach, by the most reasonably
direct route, involving the shortest practicable use of the permittee's
road system, a road or highway which is suitable for the transportation
of forest products in the type and size of vehicle customarily used for
such purposes and which is legally available for public use for ingress
to and the removal of forest products from Government lands or from
other lands during such periods of time as the timber thereon may be
committed by a cooperative agreement to coordinated administration with
timber of the United States. However, the type and size of vehicle
which may be used by the licensee on the permittee's road shall be
governed by 2812.3-7 and 2812.4-3.
43 CFR 2812.3-6 Duration and location of rights granted or received by
the United States.
The rights-of-way granted by the United States under any permit
issued under 2812.6, subject to the provisions of 2812.7, will be for
a stated term or terms which may vary for each portion of the
right-of-way granted; such term or terms will normally be coincident
with the probable period of use for the removal of forest products by
the permittee and any successor in interest of the various portions of
the right-of-way requested. In the same manner the permit will also
state the duration of the rights of the United States to use and to
permit its licensees to use, and the location by legal subdivisions of,
each of the various portions, if any, of the roads, rights-of-way, and
lands which a permittee hereunder authorizes the United States and its
licensees to use; and, similarly, the duration of such rights received
by the United States will normally be coincident with the probable
period of use for the removal of forest products, by the United States
and its existing and prospective licensees, of such roads,
rights-of-way, and lands.
43 CFR 2812.3-7 Permittee's agreement with United States respecting
compensation and adjustment of road use.
(a) Where the United States receives rights over any road,
right-of-way, or lands, controlled directly or indirectly by a
permittee, the authorized officer will seek to arrive at an advance
agreement with the permittee respecting any or all of such matters as
the time, route, and specifications for the development of the road
system in the area; the total volume of timber to be moved over such
road system, and the proportion of such timber which belongs to the
United States or is embraced in a cooperative agreement for coordinated
management with timber of the United States managed by the Bureau; the
consequent proportion of the capital costs of the road system to be
borne by such timber of the United States or embraced in such
cooperative agreement; the period of time over, or rate at which, the
United States or its licensees shall be required to amortise such
capital cost; provisions for road maintenance; the use in addition to
the uses set forth in 2812.3-5 which the United States and its
licensees may make of the road system involved, a formula for
determining the proportionate capacity of the road system or portions
thereof which shall be available to the United States and its licensees
for the transportation of forest products; the amount and type of
insurance to be carried, and the type of security to be furnished by
licensees of the United States who use such road; and such other
similar matters as the authorized officer may deem appropriate. To the
extent necessary to fulfill the obligations of the United States under
any such advance agreement, subsequent contracts for the sale of timber
managed by the Bureau and tapped by such road system, and subsequent
cooperative agreements for the coordinated management of such timber
with other timber, will contain such provisions as may be necessary or
appropriate to require such licensees to comply with the terms of the
advance agreement. Where such an advance agreement between the United
States and the permittee includes provisions relating to the route and
specifications for extensions of the road system involved, the
authorized officer may agree that upon the filing of proper applications
in the future the applicant or his successor in interest shall receive
the necessary permits for such road extensions as may cross lands
managed by the Bureau: Provided, however, That the applicant shall have
substantially complied with the terms of such advance agreement and of
the outstanding permits theretofore issued to him.
(b) The provisions of 2812.4 shall not be applicable to any matters
embraced in an agreement made pursuant to this section.
2812.4 Arbitration and agreements.
43 CFR 2812.4-1 Agreements and arbitration between permittee and
licensee respecting compensation payable by licensee to permittee for
use of road.
(a) In the event the United States exercises the rights received from
a permittee hereunder to license a person to remove forest products over
any road, right-of-way, or lands of the permittee or of his successor in
interest, to the extent that such matters are not covered by an
agreement under 2812.3-7 of this subpart, such licensee will be
required to pay the permittee or his successor in interest such
compensation and to furnish him such security, and to carry such
liability insurance as the permittee or his successor in interest and
the licensee may agree upon. If the parties do not agree, then upon the
written request of either party delivered to the other party, the matter
shall be referred to and finally determined by arbitration in accordance
with the procedures established by 2812.4-4. During the pendency of
such arbitration proceedings the licensee shall be entitled to use the
road, right-of-way, or lands involved upon payment, or tender thereof
validly maintained, to the permittee of an amount to be determined by
the authorized officer and upon the furnishing to the permittee of a
corporate surety bond in an amount equal to the difference between the
amount fixed by the authorized officer and the amount sought by the
permittee. The licensee shall also, as a condition of use in such
circumstances, maintain such liability insurance in such amounts
covering any additional hazard and risk which might accrue by reason of
the licensee's use of the road, as the authorized officer may prescribe.
(b) The arbitrators shall base their award as to the compensation to
be paid by the licensee to the permittee or his successor in interest
upon the amortization of the replacement costs for a road of the type
involved, including in such replacement costs an extraordinary cost
peculiar to the construction of the particular road involved and
subtracting therefrom any capital investment made by the United States
or its licensees in the particular road involved or in improvements
thereto used by and useful to the permittee or his successor in interest
plus a reasonable interest allowance on the resulting cost figure,
taking into account the risk involved, plus costs of maintenance if
furnished by the permittee or his successor, including costs of gates
and gateman. In arriving at the amortization item, the arbitrators
shall take into account the probable period of time, past and present,
during which such road may be in existence, and the volume of timber
which has been moved and the volume of timber currently merchantable,
which probably will be moved from all sources over such road. The
arbitrators shall also take into account the extent to which the use
which the licensee might otherwise economically make of the road system
is limited by 2812.3-5. In addition, the arbitrators may fix the rate
at which payments shall be made by the licensee during his use of the
road. The arbitrators shall require the licensee to provide adequate
bond, cash deposit, or other security to indemnify the permittee or his
successor in interest against failure of the licensee to comply with the
terms of the award and against damage to the road not incident to normal
usage and for any other reasonable purpose, and also to carry
appropriate liability insurance covering any additional hazard and risks
which may accrue by reason of the licensee's use of the road.
(c) Where improvements or additions are required to enable a licensee
to use a road or right-of-way to remove timber or forest products, the
cost of such improvements will be allowable to the licensee.
(d) The full value at current stumpage prices will be allocable
against a licensee for all timber to be cut, removed, or destroyed by
the licensee on a permittee's land in the construction or improvement of
the road involved.
43 CFR 2812.4-2 Compensation payable by United States to permittee for
use of road.
In the event the United States itself removes forest products over
any road or right-of-way of the permittee or his successor in interest,
the United States, if there has been no agreement under 2812.3-7
covering the matter, shall pay to the permittee or his successor in
interest reasonable compensation as determined by the State Director,
who shall base his determination upon the same standards established by
this paragraph for arbitrators in the determination of the compensation
to be paid by a licensee to a permittee: Provided, however, That no
bond or other security or liability insurance is to be required of the
United States. When the United States constructs or improves a road on
a permittee's land or right-of-way it shall pay to the permittee the
full value at current stumpage prices of all timber of the permittee
cut, removed, or destroyed in the construction or maintenance of such
road or road improvements. Current stumpage prices shall be determined
by the application of the standard appraisal formula, used in appraising
O. and C. timber for sale, to the volume and grade of timber. Such
volume and grade shall be determined by a cruise made by the permittee
or, at his request, by the authorized officer. If either the permittee
or the authorized officer does not accept the cruise made by the other,
the volume and grade shall be determined by a person or persons
acceptable both to the permittee and the State Director.
43 CFR 2812.4-3 Agreements and arbitration between permittee and
licensee respecting adjustment of road use.
(a) When the United States exercises the right received under this
paragraph to use or to license any person to use a road of a permittee,
the permittee or his successor in interest shall not unreasonably
obstruct the United States or such licensee in such use. If there has
been no agreement under 2812.3-7 covering such matters, the permittee
shall have the right to prescribe reasonable operating regulations, to
apply uniformly as between the permittee and such licensee, covering the
use of such road for such matters as speed and load limits, scheduling
of hauls during period of use by more than one timber operator,
coordination of peak periods of use, and such other matters as are
reasonably related to safe operations and protection of the road; if
the capacity of such road should be inadequate to accommodate the use
thereof which such licensee and permittee desire to make concurrently,
they shall endeavor to adjust their respective uses by agreement.
(b) If the permittee and such licensee are unable to agree as to the
reasonableness of such operating regulations or on the adjustment of
their respective uses where the capacity of the road is inadequate to
accommodate their concurrent use, then upon the written request of
either party delivered to the other party, the matter shall be referred
to and finally determined by arbitration in accordance with the
procedures established by 2812.4-4.
(c) The arbitrators may make such disposition of a dispute involving
the reasonableness of such operating regulations as appears equitable to
them, taking into account the capacity and the construction of the road
and the volume of use to which it will be subjected. In the
determination of a dispute arising out of the inadequacy of the capacity
of a road to accommodate the concurrent use by a permittee and a
licensee, the arbitrators may make such disposition thereof as appears
equitable to them, taking into account, among other pertinent facts, the
commitments of the permittee and the licensee with respect to the
cutting and removal of the timber involved and the disposition of the
products derived therefrom; the extent to which each of the parties may
practicably satisfy any of the aforesaid commitments from other timber
currently controlled by him; the past normal use of such road by the
permittee; the extent to which federal timber has contributed to the
amortization of the capital costs of such road; and the extent to which
the United States or its licensees have enlarged the road capacity.
43 CFR 2812.4-4 Arbitration procedure.
(a) Within 10 days after the delivery of a written request for
arbitration under 2812.4-1 or 2812.4-3 of this subpart each of the
parties to the disagreement shall appoint an arbitrator and the two
arbitrators thus appointed shall select a third arbitrator. If either
party fails to appoint an arbitrator as provided herein, the other party
may apply to a court of record of the State of Oregon for the
appointment of such an arbitrator, as provided by the laws of such
State. If within ten days of the appointment of the second of them, the
original two arbitrators are unable to agree upon a third arbitrator who
will accept the appointment, either party may petition such a court of
record of the State of Oregon for the appointment of a third arbitrator.
Should any vacancy occur by reason of the resignation, death or
inability of one or more of the arbitrators to serve, the vacancy shall
be filled according to the procedures applicable to the appointment of
the arbitrator whose death, disability, or other inability to serve,
created the vacancy.
(b) By mutual agreement, the parties may submit to a single
arbitration proceeding controversies arising under both 2812.4-1 and
2812.4-3.
(c) The arbitrators shall hear and determine the controversy and
make, file, and serve their award in accordance with the substantive
standards prescribed in 2812.4-1 and 2812.4-3, for the type of
controversy involved and in accordance with the procedures established
by the laws of the State of Oregon pertaining to arbitration
proceedings. A copy of the award shall also be served at the same time
upon the authorized officer or the State Director, either personally or
by registered mail.
(d) Costs of the arbitration proceedings shall be assessed by the
arbitrators against either or both of the parties, as may appear
equitable to the arbitrators, taking into account the original
contentions of the parties, the ultimate decision of the arbitrators and
such other matter as may appear relevant to the arbitrators.
(35 FR 9638, June 13, 1970, as amended at 41 FR 21642, May 27, 1976)
2812.5 Payment to the United States, bond.
43 CFR 2812.5-1 Payment required for O. and C. timber.
An applicant will be required to pay to the Bureau of Land
Management, in advance of the issuance of the permit, the full stumpage
value as determined by the authorized officer of the estimated volume of
all timber to be cut, removed, or destroyed, on O. and C. lands in the
construction or operation of the road.
43 CFR 2812.5-2 Payment to the United States for road use.
(a) A permittee shall pay a basic fee of $5 per year per mile or
fraction thereof for the use of any existing road or of any road
constructed by the permittee upon the right-of-way. If the term of the
permit is for 5 years or less, the entire basic fee must be paid in
advance of the issuance of the permit. If the term of the permit is
longer than 5 years, the basic fee for each 5-year period or for the
remainder of the last period, if less than 5 years, must be paid in
advance at 5-year intervals: Provided, however, That in those cases
where the permittee has executed under 2812.3-1 to 2812.3-5 an
agreement respecting the use of roads, rights-of-way or lands, no such
basic fee shall be paid: Provided further, This paragraph shall not
apply where payment for road use is required under 2812.3-1(b).
(b) Where the permittee receives a right to use a road constructed or
acquired by the United States, which road is under the administrative
jurisdiction of the Bureau of Land Management, the permittee will be
required to pay to the United States a fee to be determined by the
authorized officer who may also fix the rate at which payments shall be
made by the permittee during his use of the road. The authorized
officer shall base his determination upon the amortization of the
replacement costs for a road of the type involved, together with a
reasonable interest allowance on such costs plus costs of maintenance if
furnished by the United States and any extraordinary costs peculiar to
the construction or acquisition of the particular road. In the case of
federally acquired or constructed access roads, an allowance
representing a reasonable allocation for recreational or other
authorized uses shall be deducted from the replacement costs of the road
before the amortization item is computed. A similar allowance and
deduction shall be made in cases involving roads constructed as a part
of a timber sale contract when, and if, subsequent to completion of such
contract any such road becomes subject to recreational or other
authorized uses. In arriving at the amortization item, the authorized
officer shall take into account the probable period of time, past and
present, during which such road may be in existence, and the volume of
timber which has been moved, and the volume of timber currently
merchantable which probably will be moved from all sources over such
road: Provided, however, That this subdivision shall not apply where
the permittee transports forest products purchased from the United
States through the Bureau of Land Management, or where payment for such
road use to another permittee is required under this subpart 2812:
Provided further, That where the United States is entitled to charge a
fee for the use of a road, the authorized officer may waive such fee if
the permittee grants to the United States and its licensees the right to
use, without charge, permittee's roads of approximately equal value as
determined under the methods provided in this subdivision and
2812.4-1(b), as may be applicable.
(c) If an application is filed to use a road built on O. and C.
lands by the applicant or his predecessor in interest under a permit
which has expired, the authorized officer may issue a new permit which
provides that as to such road the applicant's road use payments shall be
determined in accordance with paragraph (b) of this section except that
he shall be required to pay a road use fee which is adequate to amortize
only his proportionate share of any capital improvements which have been
or may be placed on the road by the United States or its licensees
together with a reasonable interest allowance thereon plus cost of
maintenance if furnished by the United States: Provided, however, That
if the application is for use of a road which has been built by a
predecessor in interest the permit shall provide that the applicant may
use the road only for the purpose of reaching the lands of the
predecessor in interest that were served by the road. As a condition
for the granting of such a permit, the applicant must comply with
2812.3-1 to 2812.3-5 to the extent that rights-of-way and road use
rights are needed to manage lands of the United States or to remove
timber therefrom.
43 CFR 2812.5-3 Bonds in connection with existing roads.
An applicant for permit or a permittee desiring to use an existing
road owned or controlled by the United States, shall prior to such use
post a bond on a form prescribed by the Director. The amount of the
bond shall be determined by the authorized officer but in no event less
than five hundred dollars ($500) per mile or fraction thereof. The bond
shall be executed by an approved corporate surety, or the permittee may
deposit an equivalent amount in cash or negotiable securities of the
United States and the bond shall be conditioned upon compliance with
subpart 2812 and the terms and conditions of the permit.
2812.6 Approval and terms of permit.
43 CFR 2812.6-1 Approval.
(a) Upon the applicant's compliance with the appropriate provisions
of this paragraph and if it is determined that the approval of the
application will be in the public interest, the authorized officer may,
in his discretion, issue an appropriate permit, upon a form prescribed
by the Director.
(b) The authorized officer may waive the requirements of 2812.1-2
(c) and (e) and 2812.5-3 in the case of a natural person who applies for
a right-of-way for not to exceed a period of twelve weeks. Not more
than one such waiver shall be allowed in each consecutive twelve
calendar months on behalf of or for the benefit of the same person.
43 CFR 2812.6-2 Terms and conditions of permit.
(a) As to all permits: Every permittee shall agree:
(1) To comply with the applicable regulations in effect as of the
time when the permit is issued and, as to the permittee's roads as to
which the United States has received rights under 2812.3-1 to 2812.3-5
with such additional regulations as may be issued from time to time
relating to the use of roads for the purpose of access by properly
licensed hunters and fishermen and by other recreationalists to lands of
the United States in the O. and C. area which are suitable for such
recreational purposes, where such use will not unreasonably interfere
with the use of the road by the permittee for the transportation of
forest products or unduly enhance the risk of fire, collision, or other
hazards on such road and on lands in the vicinity thereof. If,
notwithstanding the request of the authorized officer that the permittee
allow use of a road in conformity with such additional regulations the
permittee shall unreasonably withhold his assent, the authorized officer
shall refer the disagreement through the proper channels to the Director
of the Bureau for his consideration, and, if the Director concurs in the
conclusion of the authorized officer and if the matter is still in
dispute, he shall refer the matter to the Secretary of the Interior for
his consideration. In the event of the Secretary's concurrence in the
conclusions of the authorized officer, and if the permittee nevertheless
unreasonably withholds such assent, the United States may institute such
judicial proceedings as may be appropriate to enforce said regulations.
(2) Not to cut, remove, or destroy any timber not previously
purchased on the right-of-way without having first obtained specific
authority from the authorized officer and making payment therefor.
(3) To take adequate precaution to prevent forest, brush, and grass
fires; to endeavor with all available personnel to suppress any fire
originating on or threatening the right-of-way on which a road is being
used or constructed by the permittee or any fire caused by the
permittee; to do no burning on or near the right-of-way without State
permit during the seasons that permits are required and in no event to
set fire on or near the right-of-way that will result in damage to any
natural resource or improvement.
(4) To submit to arbitration proceedings and to be bound by the
resulting arbitral awards, pursuant to 2812.4-1, 2812.4-3, and
2812.4-4.
(5) In the event that the United States acquires by purchase or
eminent domain the land or any interest therein, over which there passes
a road which the United States has acquired the right to use under
2812.3-1 to 2812.3-5 of this subpart to waive compensation for the value
of the road, equivalent to the proportion that the amount the United
States has contributed bears to the total actual cost of construction of
the road. Such contribution shall include any investment in or
amortization of the cost of such road, or both, as the case may be, made
by the United States or a licensee either by way of direct expenditures
upon such road, or by way of payment by the United States or a licensee
to the permittee, or by way of allowance made by the United States to
the permittee in any timber sales contract for such amortization or
capital investment.
(6) To construct all roads and other improvements as described in the
application for the permit, except as the authorized officer may
authorize modification or abandonment of any such proposed construction.
(7) To use the permit and right-of-way afforded subject to all valid
existing rights, to such additional rights-of-way as may be granted
under this paragraph to a reservation of rights-of-way for ditches and
canals constructed under authority of the United States.
(8) Not to discriminate against any employee or applicant for
employment because of race, creed, color, or national origin, and to
require an identical provision to be included in all subcontracts.
(9) Except as the authorized officer may otherwise permit or direct
to clean up and remove from the road and right-of-way within six months
after the expiration or other termination of the permit, all debris,
refuse, and waste material which may have resulted from his operations
and use of said road; to repair all damage to said road resulting
directly or indirectly from his use thereof; and to remove therefrom
all structures, timbers, and other objects that may have been installed
or placed thereon by him in connection with said operations or use;
Provided, however, That the road and all usable road improvements shall
be left in place.
(10) Upon request of an authorized officer, to submit to the Bureau
within 30 days with permission to publish, the detailed terms and
conditions, including the fee which the permittee will ask as a
condition of such licensee's use for the removal of forest products over
any road or right-of-way which the United States and its licensees have
acquired a right to use under 2812.1-3 to 2812.1-5.
(11) To grant to the United States, upon request of an authorized
officer in lieu of the rights-of-way across legal subdivisions granted
pursuant to 2812.1-3 to 2812.1-5, such permanent easements on
specifically described locations as may be necessary to permit the
Bureau to construct roads on such legal subdivisions with appropriated
funds: Provided, That at the time of the grant of such permanent
easements the Bureau shall release, except for necessary connecting spur
roads, the rights-of-way across such legal subdivisions previously
granted: Provided further, That if the United States builds a road on
such permanent easements it shall pay for any timber of the permittee
which is cut, removed, or destroyed in accordance with 2812.4-2. The
authorized officer shall waive the requirement under this paragraph,
however, if the permittee makes a satisfactory showing to the authorized
officer that he does not own a sufficient interest in the land to grant
a permanent easement, and that he has negotiated therefor in good faith
without success.
(b) As to permits for the use of an existing road: In addition,
every permittee to whom a permit is issued for the use of an existing
road is required to agree:
(1) To maintain such a road in an adequate and satisfactory condition
or to arrange therefor with the other users of the road. In the absence
of satisfactory performance, the authorized officer may have such
maintenance work performed as may be necessary in his judgment,
determine the proportionate share allocable to each user, and collect
the cost thereof from the parties or the sureties on the bonds furnished
by said parties.
(2) Upon the expiration or other termination of his right to its use,
to leave said road and right-of-way in at least as good a condition as
existed prior to the commencement of his use.
43 CFR 2812.7 Assignment of permit.
Any proposed assignment of a permit must be submitted in duplicate,
within 90 days after the date of its execution, to the authorized
officer for approval, accompanied by the same showing and undertaking by
the assignee as is required of an applicant by 2812.1-2 and 2812.3-1
to 2812.3-5, and must be supported by a stipulation that the assignee
agrees to comply with and be bound by the terms and conditions of the
permit and the applicable regulations of the Department of the Interior
in force as of the date of such approval of the assignment.
(35 FR 9638, June 13, 1970, as amended at 41 FR 21642, May 27, 1976)
2812.8 Cause for termination of permittee's rights.
43 CFR 2812.8-1 Notice of termination.
(a) The authorized officer in his discretion may elect upon 30 days'
notice to terminate any permit or right-of-way issued under this
paragraph if:
(1) In connection with the application made therefor, the applicant
represented any material fact knowing the same to be false or made such
representation in reckless disregard of the truth; or
(2) A permittee, subsequent to the issuance of a permit or
right-of-way to him, represents any material fact to the Bureau, in
accordance with any requirement of such permit or this paragraph,
knowing such representation to be false, or makes such representation in
reckless disregard of the truth.
(b) The authorized officer in his discretion may elect to terminate
any permit or right-of-way issued under this paragraph, if the permittee
shall fail to comply with any of the provisions of such regulations or
make defaults in the performance or obligation of any of the conditions
of the permit, and such failure or default shall continue for 60 days
after service of written notice thereof by the authorized officer.
(c) Notice of such termination shall be served personally or by
registered mail upon the permittee, shall specify the misrepresentation,
failure or default involved, and shall be final, subject, however, to
the permittee's right of appeal.
(d) Termination of the permit and of the right-of-way under this
section shall not operate to terminate any right granted to the United
States pursuant to this paragraph, nor shall it affect the right of the
permittee, after the termination of his permit and right-of-way to
receive compensation and to establish road operating rules with respect
to roads controlled by him which the United States has the right to use
and to permit its licensees to use; nor shall it relieve the permittee
of his duty under this paragraph, to submit to and be bound by
arbitration pursuant to 2812.4-1, 2812.4-3, and 2812.4-4.
43 CFR 2812.8-2 Remedies for violations by licensee.
(a) No licensee of the United States will be authorized to use the
roads of a permittee except under the terms of a timber sale contract or
a cooperative agreement with the United States which will require the
licensee to comply with all the applicable provisions of this paragraph,
and any agreements or awards made pursuant thereto. If a licensee fails
to comply with the regulations, agreements, or awards, the authorized
officer will take such action as may be appropriate under the provisions
of the timber sale contract or cooperative agreement.
(b) A permittee who believes that a licensee is violating the
provisions of such a timber sale contract or cooperative agreement
pertaining to use of the permittee's roads, rights-of-way, or lands, may
petition the authorized officer, setting forth the grounds for his
belief, to take such action against the licensee as may be appropriate
under the contract or the cooperative agreement. In such event the
permittee shall be bound by the decision of the authorized officer,
subject, however, to a right of appeal pursuant to 2812.9 and subject,
further, to the general provisions of law respecting review of
administrative determinations. In the alternative, a permittee who
believes that a licensee has violated the terms of the timber sale
contract or cooperative agreement respecting the use of the permittee's
roads may proceed against the licensee in any court of competent
jurisdiction to obtain such relief as may be appropriate in the
premises.
43 CFR 2812.8-3 Disposition of property on termination of permit.
Upon the expiration or other termination of the permittee's rights,
in the absence of an agreement to the contrary, the permittee will be
allowed 6 months in which to remove or otherwise dispose of all property
or improvements, other than the road and usable improvements to the
road, placed by him on the right-of-way, but if not removed within this
period, all such property and improvements shall become the property of
the United States.
43 CFR 2812.9 Appeals.
An appeal pursuant to part 4 of 43 CFR Subtitle A, may be taken from
any final decision of the authorized officer, to the Board of Land
Appeals, Office of the Secretary.
(41 FR 29123, July 15, 1976)
43 CFR 2812.9 PART 2880 -- RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT
43 CFR 2812.9 Subpart 2880 -- Oil and Natural Gas Pipelines and Related
Facilities: General
Sec.
2880.0-3 Authority.
2880.0-5 Definitions.
2880.0-7 Scope.
43 CFR 2812.9 Subpart 2881 -- Terms and Conditions of Right-of-Way
Grants and Temporary Use Permits
2881.1 Nature of interest.
2881.1-1 Nature of right-of-way interest.
2881.1-2 Nature of temporary use permit interest.
2881.1-3 Reservation of rights to the United States.
2881.2 Terms and conditions of interest granted.
2881.3 Unauthorized use, occupancy or development.
43 CFR 2812.9 Subpart 2882 -- Applications
2882.1 Preapplication activity.
2882.2 Requirements for applications for right-of-way grants and
temporary use permits.
2882.2-1 Applicant qualifications.
2882.2-2 Application filing.
2882.2-3 Application content.
2882.3 Application processing.
2882.4 Interagency agreements.
43 CFR 2812.9 Subpart 2883 -- Administration of Rights Granted
2883.1 General requirements.
2883.1-1 Cost reimbursement.
2883.1-2 Rental payments.
2883.1-3 Bonding.
2883.1-4 Liability.
2883.1-5 Common carriers.
2883.1-6 Export.
2883.2 Holder activity.
2883.3 Construction procedures.
2883.4 Operation and maintenance.
2883.5 Immediate temporary suspension of activities.
2883.6 Suspension and termination of right-of-way grants and
temporary use permits.
2883.6-1 Suspension and termination of right-of-way grants.
2883.6-2 Suspension and termination of temporary permits.
2883.7 Change in Federal jurisdiction or disposal of lands.
2883.8 Restoration of Federal lands.
43 CFR 2812.9 Subpart 2884 -- Appeals
2884.1 Appeals procedure.
43 CFR 2812.9 Subparts 2885-2886 -- (Reserved)
43 CFR 2812.9 Subpart 2887 -- Over Lands Subject to Mineral Lease
2887.0-3 Authority.
Authority: 30 U.S.C. 185, sec. 28, unless otherwise noted.
Source: 44 FR 58129, Oct. 9, 1979, unless otherwise noted.
43 CFR 2812.9 Subpart 2880 -- Oil and Natural Gas Pipelines and Related Facilities: General
43 CFR 2880.0-3 Authority.
The provisions of this subpart are issued under the authority of
section 28 of the Mineral Leasing Act of 1920, as amended (30 U.S.C.
185), unless otherwise noted.
43 CFR 2880.0-5 Definitions.
As used in this part, the term:
(a) Act means section 28 of the Mineral Leasing Act of 1920, as
amended (30 U.S.C. 185).
(b) Agency head means the head of any Federal department or
independent Federal office or agency, other than the Secretary of the
Interior, who has jurisdiction over the surface of Federal lands.
(c) Applicant means any individual, partnership, corporation,
association, or other business entity, or any State or local
governmental entity or agency, which applies for a right-of-way grant or
temporary use permit under the Act.
(d) Authorized officer means any employee of the department of the
Interior to whom has been delegated the authority to perform the duties
described in this part.
(e) Federal lands means all lands owned by the United States except
lands in the National Park System, lands held in trust for an Indian or
Indian tribe, and lands on the Outer Continental Shelf.
(f) Holder means any individual, partnership, corporation,
association, or other business entity, or any State or local
governmental entity or agency which has received a right-of-way grant or
temporary use permit under the Act.
(g) Oil or gas means oil, natural gas, synthetic liquid or gaseous
fuels, or any refined product produced therefrom.
(h) Temporary use permit means a revocable nonpossessory privilege to
use specified Federal lands in the vicinity of a right-of-way in
connection with the construction, operation, maintenance, or termination
of a pipeline or for the protection of the natural environment or public
safety.
(i) Pipeline means a line of traversing Federal lands for
transportation of oil or gas. The term includes feeder lines, trunk
lines, and related facilities, but does not include a lessee's or lease
operator's production facilities located on his lease.
(j) Pipeline system means all facilities, whether or not located on
Federal lands, used by a holder in connection with the construction,
operation, maintenance, or termination of a pipeline.
(k) Production facilities means a lessee's or lease operator's pipes
and equipment used on his lease solely to aid in his extraction,
storage, and processing of oil and gas. The term includes storage tanks
and processing equipment, and gathering lines upstream from such tanks
and equipment, or in the case of gas, upstream from the point of
delivery. The term also includes pipes and equipment, such as water and
gas injection lines, used in the production process for purposes other
than carrying oil and gas downstream from the wellhead.
(l) Related facilities means those structures, devices, improvements,
and sites, the substantially continuous use of which is necessary for
the operation or maintenance of a pipline, which are located on Federal
lands, and which are authorized under the Act, including but not limited
to: Supporting structures; airstrips; roads; campsites; pump
stations, including associated heliports, structures, yards, and fences;
valves, and other control devices; surge and storage tanks; bridges;
monitoring and communication devices and structures housing them;
terminals, including structures, yards, docks, fences, and storage tank
facilities; retaining walls, berms, dikes, ditches, cuts, and fills;
structures and areas for storing supplies and equipment. Related
facilities may be connected or nonconnected or contiguous or
noncontiguous to the pipe.
(m) Right-of-way means the Federal land authorized to be occupied
pursuant to a right-of-way grant.
(n) Right-of-way grant means a document authorizing a nonpossessory,
nonexclusive right to use Federal lands for the limited purpose of
construction, operation, maintenance, and termination of a pipeline.
(o) Secretary means the Secretary of the Interior.
(44 FR 58129, Oct. 9, 1979, as amended at 45 FR 59880, Sept. 11,
1980)
43 CFR 2880.0-7 Scope.
(a) These regulations apply to any application now on file or
hereafter filed with Federal agencies for issuance, modification, or
renewal of a right-of-way grant or a temporary use permit, except where
the surface of the Federal lands involved in the right-of-way or
temporary use permit area is under the jurisdiction of a single Federal
agency, including bureaus and agencies within the Department of the
Interior, other than the Bureau of Land Management.
(b) In addition, the provisions of 2883.5 of this title apply to all
right-of-way grants and temporary use permits heretofore issued pursuant
to section 28 of the Mineral Leasing Act by the Bureau of Land
Management, and to permits, grants, and other authorizations heretofore
issued by the Secretary or his delegate in connection with the
Trans-Alaska Oil Pipeline System (TAPS). Further, the permits, grants
and other authorizations heretofore and hereafter issued by the
Secretary or his delegate in connection with the Trans-Alaska Pipeline
System are subject to 2883.1-1 of this title.
(c) The regulations of this part do not apply to the reservation of
rights-of-way for Federal departments or agencies. Such rights-of-way
shall be reserved in accordance with the regulations in subpart 2800 of
this title.
(Sec. 28, Mineral Leasing Act, as amended and supplemented (30 U.S.C.
181 et seq.), sec. 203, Trans-Alaska Pipeline Authorization Act (Pub. L.
95-153); Independent Offices Appropriation Act of 1952 (31 U.S.C.
483a))
(44 FR 58129, Oct. 9, 1979, as amended at 49 FR 31209, Aug. 3, 1984;
51 FR 31765, Sept. 5, 1986)
43 CFR 2880.0-7 Subpart 2881 -- Terms and Conditions of Right-of-Way
Grants and Temporary Use Permits
2881.1 Nature of interest.
43 CFR 2881.1-1 Nature of right-of-way interest.
(a) The United States retains a right to use a right-of-way and
temporary use permit area or authorize the use of it to others in any
manner not inconsistent with pipeline construction, operation,
maintenance, and termination. The holder of a right-of-way grant or
temporary use permit has no right to any of the products of the land
including, but not limited to, timber, forage, mineral, and animal
resources. The holder may not allow the use of a right-of-way or
temporary use permit area by others except its contractors,
subcontractors, employees, agents or servants for purposes of
construction, operation, maintenance, or termination of the pipeline.
(b) A holder shall not use a right-of-way and temporary use permit
area for any purpose other than for the construction, operation,
maintenance, and termination of the pipeline specified in the holders
right-of-way grant. A holder shall not locate or construct any other
pipelines, including looping lines, or other improvements within a
right-of-way without first securing appropriate authorization therefor.
(c) The width of a right-of-way shall not exceed 50 feet plus the
ground occupied by the pipeline (that is, the pipe and related
facilities) unless the authorized officer finds and records the reasons
for his finding, that a wider right-of-way is necessary for operation
and maintenance after construction, or to protect the environment or
public safety.
(d) An applicant may apply to the authorized officer for a wider
right-of-way in limited areas, if necessary:
(1) For the operation and maintenance of the project after
construction;
(2) To protect the environment; or
(3) To provide for the public safety. If the authorized officer
finds that the additional width is necessary for one of the above
reasons, he may authorize a wider width. Such authorization shall
include a written report recording the reasons why the additional width
is necessary.
(e) A right-of-way grant issued or renewed under these regulations
shall be limited to a reasonable term, not to exceed 30 years. No term
shall be longer than is necessary to accomplish the purpose of the
grant. The authorized officer shall determine the duration of each
right-of-way grant, taking into consideration, among other things:
(1) The cost of the facility,
(2) Its useful life,
(3) Any public purpose it serves, and
(4) Potentially conflicting uses of the land.
(f) Except where a right-of-way grant has terminated by its terms
upon the occurrence of a fixed or agreed upon condition, event, or time,
it shall be renewed if the pipeline is being operated and maintained in
accordance with all provisions of the right-of-way grant, these
regulations and the Act. The authorized officer may modify the terms
and conditions of the right-of-way grant at the time of renewal.
(g) No purported transfer of an interest in a right-of-way grant, a
right-of-way, or any portion of a pipeline system located within a
right-of-way, shall be valid without the prior written approval of the
authorized officer. Applications for such approval shall be directed to
the authorized officer. A transferee shall meet all the requirements of
an original pipeline right-of-way grantee is bound by and shall assume
all of the transferor's responsibility to the United States with respect
to the transferred interest and shall agree to be bound by all terms of
any outstanding right-of-way grant or temporary use permit.
Applications for a transfer of interest shall be accompanied by a
nonrefundable fee of $50, except that where a holder assigns more than 1
right-of-way grant as part of a single action, the authorized officer,
due to economies of scale, may set a fee of less than $50 per
assignment.
(44 FR 58129, Oct. 9, 1979, as amended at 52 FR 25821, July 8, 1987)
43 CFR 2881.1-2 Nature of temporary use permit interest.
(a) A temporary use permit does not grant any interest in land and is
revocable at will by the authorized officer.
(b) The area covered by a temporary use permit shall be no greater
than is necessary to accommodate the authorized use or to protect the
environment or provide for public safety.
(c) The duration of a temporary use permit shall be determined by the
authorized officer in a manner that is consistent with construction
activities, and is not to exceed that length of time needed to
accomplish the purpose for which the permit is sought. The term of a
temporary use permit shall not exceed 3 years subject to the provisions
of this section.
(d) A temporary use permit may be renewed at the discretion of the
authorized officer, but the permittee has no right of renewal. The
authorized officer may modify the terms and conditions of the temporary
use permit at the time of renewal.
(e) A temporary use permit may be assigned at the discretion of the
authorized officer, provided the use for which the permit was issued
continues.
43 CFR 2881.1-3 Reservation of rights to the United States.
All rights in Federal lands subject to a right-of-way grant or
temporary use permit not expressly granted are retained by the United
States. These rights include, but are not limited to:
(a) A continuing right of access across right-of-way and temporary
use permit areas to all Federal lands (including the subsurface and air
space);
(b) A continuing right of physical entry to any part of the pipeline
system for inspection, monitoring, or for any other purpose or reason
consistent with any right or obligation of the United States under any
law or regulation; and
(c) The right to make, issue, or grant right-of-way grants, temporary
use permits, easements, leases, licenses, contracts, patents, permits
and other authorizations to or with third parties for compatible uses
on, under, above, or adjacent to the Federal lands subject to a
right-of-way grant or temporary use permit.
43 CFR 2881.2 Terms and conditions of interest granted.
(a) An applicant, by accepting a right-of-way grant or a temporary
use permit, agrees and consents to comply with and be bound by the
following terms and conditions, excepting those which the Secretary may
waive in a particular case:
(1) To the extent practicable, all State and Federal laws applicable
to the pipeline system construction, operation and maintenance which is
authorized and all such additional State and Federal law, along with the
implementing regulations, that may be enacted and issued during the term
of the grant or permit;
(2) That in the construction, operation and maintenance of the
pipeline and related facilities, there shall be no discrimination
against any employee or applicant for employment because of race, creed,
color, sex or national origin and all subcontracts shall include an
identical provision;
(3) To build and repair roads, fences and trails that may be
destroyed or damaged by construction, operation or maintenance of the
pipeline and related facilities and to build and maintain suitable
crossings for roads and trails that intersect the right-of-way and
related facilities; and
(4) To do everything reasonably within his or her power, both
independently and upon request of the authorized officer, to prevent and
suppress fires on or near the right-of-way and related facilities. This
includes making available such construction and maintenance forces as
may be reasonably obtained for the suppression of fires.
(b) All right-of-way grants and temporary use permits issued,
renewed, or amended under these regulations shall contain such terms,
conditions, and stipulations as may be prescribed by the authorized
officer regarding extent, duration, survey, location, construction,
operation, maintenance, use, and termination. The authorized officer
shall impose stipulations which shall include, but shall not be limited
to:
(1) Requirements for restoration, revegetation, and curtailment of
erosion of the surface of the land;
(2) Requirements to insure that activities in connection with the
right-of-way grant or temporary use permit shall not violate applicable
air and water quality standards or related facility siting standards
established by or pursuant to applicable Federal and State law;
(3) Requirements designed to control or prevent damage to the
environment (including damage to fish and wildlife habitat), damage to
public or private property, and hazards to public health and safety;
and
(4) Requirements to protect the interests of individuals living in
the general vicinity of the right-of-way or temporary use permit area
who rely on the fish, wildlife, and biotic resources of the area for
subsistence purposes.
(c) Right-of-way grants or temporary use permits issued, renewed, or
amended under this title shall include requirements which comply with
applicable Federal and State law that will protect the safety and health
of pipeline workers and the general public, including, but not limited
to, protection against the sudden rupture and slow degradation of the
pipeline. Applicants and holders shall design, construct, operate, and
maintain all facilities in accordance with applicable Federal and State
law governing pipelines and pipeline construction.
(44 FR 58129, Oct. 9, 1979, as amended at 52 FR 25821, July 8, 1987)
43 CFR 2881.3 Unauthorized use, occupancy or development.
Any use, occupancy, or development of the public lands that requires
a right-of-way, temporary use permit, or other authorization pursuant to
the regulations in this part, and that has not been so authorized, or
that is beyond the scope and specific limitations of such authorization,
or that causes unnecessary or undue degradation, is prohibited and shall
constitute a trespass as defined in 2800.0-5. Anyone determined by the
authorized officer to be in trespass on the public lands shall be
notified in writing of such trespass and shall be liable to the United
States for all costs and payments determined in the same manner as set
forth at 2801.3, part 2800 of this title.
(54 FR 25855, June 20, 1989)
43 CFR 2881.3 Subpart 2882 -- Applications
43 CFR 2882.1 Preapplication activity.
(a) Upon determining that a proposed pipeline project is contemplated
which would cross Federal lands under the jurisdiction of the Department
of the Interior, or two or more Federal agencies, the proponent of such
project is encouraged to promptly notify the appropriate office
identified in 2882.2-2 of this title or the Secretary.
(b) The authorized officer shall provide guidance to the pipeline
project proponent as to:
(1) Routing constraints which exist because of current land status as
reflected in land use plans and land status records;
(2) Necessary information to be included in applications for
right-of-way grants or temporary use permits;
(3) Qualifications required of applicants; and
(4) Identification of on-the-ground investigations which will require
temporary use permits.
(c) No right-of-way applications processing work, other than that
incurred in the processing of applications for permits for temporary use
of public lands in furtherance of the filing of an application and
preapplication guidance under paragraph (b) of this section, shall be
undertaken by the authorized officer prior to the filing of an
application together with an advance payment as required by 2883.1-1 of
this title. Such processing work includes, but is not limited to,
special studies such as environmental analyses, environmental impact
statements, engineering surveys, resource inventories and detailed land
use or record analyses.
(d) No activities, other than casual use, such as, but not limited
to, vehicle use on existing roads, sampling, marking of routes,
searching, or other similar activities that do not disturb the surface
of the lands or require the removal of vegetation, shall be conducted on
Federal lands prior to the issuance of a right-of-way grant or a
temporary use permit.
(44 FR 58129, Oct. 9, 1979, as amended at 47 FR 38807, Sept. 2, 1982;
50 FR 1309, Jan. 10, 1985; 51 FR 31765, Sept. 5, 1986)
2882.2 Requirements for applications for right-of-way grants and
temporary use permits.
43 CFR 2882.2-1 Applicant qualifications.
(a) An applicant for a right-of-way grant or temporary use permit
shall be a citizen of the United States, an association of such
citizens, a corporation organized under the laws of the United States,
or of any State thereof, or a State or local government. Aliens may not
acquire or hold any direct or indirect interest in rights-of-way,
right-of-way grants or temporary use permits, except that they may own
or control stock in corporations holding rights-of-way, right-of-way
grants or temporary use permits if the laws of their country do not deny
similar or like privileges to citizens of the United States.
(b) Each application by a partnership, corporation, association, or
other business entity shall disclose the identity of the participants in
the entity and shall include where applicable:
(1) The name, address, and citizenship of each participant (partner,
associate or other);
(2) Where the applicant is a corporation, the name, address, and
citizenship of each shareholder owning 3-percent or more of each class
of shares, together with the number and percentage of any class of
voting shares of the entity which each shareholder is authorized to
vote; and
(3) The name and address of each affiliate controlled by, or that
controls, the entity, either directly or indirectly. Where an affiliate
is controlled by the entity, the application shall disclose the number
of shares and the percentage of each class of voting stock of that
affiliate owned, directly or indirectly, by the entity. If an affiliate
controls the entity, the number of shares and the percentage of each
class of voting stock of the entity owned, directly or indirectly, by
the affiliate shall be included.
(c) Applications filed with Federal agencies, such as the Federal
Energy Regulatory Commission, to obtain a license, certificate or other
authority for a project involving a right-of-way over, upon, under or
through Federal lands for an oil and gas pipeline shall be
simultaneously filed with the Bureau of Land Management in accordance
with the provisions of 2882.2-3 of this title.
(44 FR 58129, Oct. 9, 1979, as amended at 47 FR 12571, Mar. 23, 1982)
43 CFR 2882.2-2 Application filing.
(a) Where the Federal lands involved are under the jurisdiction of
the Bureau of Land Management, Department of the Interior, application
for a right-of-way grant or temporary use permit or for a renewal of
either shall be filed with either the Area Manager, the District Manager
or the State Director of a Bureau of Land Management office having
jurisdiction over the Federal lands involved.
(b) Where the Federal lands involved are under the jurisdiction of
two or more agencies of the Department of the Interior, or where the
Federal lands involved are under the jurisdiction of one or more
agencies of the Department of the Interior and one or more other Federal
agencies, or where the Federal lands involved are under the jurisdiction
of two or more non-Interior agencies, the initial application for a
right-of-way grant or temporary use permit may be filed at the most
convenient State Office of the Bureau of Land Management, at locations
listed in 1821.2-1 of this title or at the nearest Bureau of Land
Management Office that has jurisdiction over a portion of the Federal
lands involved. The Director, Bureau of Land Management will, upon
notice of the application by field officials, assign a lead official and
notify the applicant where all future communications concerning the
project should be directed. All applications for temporary use permits
that are filed subsequent to the filing of an application for a
right-of-way grant shall be filed with the lead official. Applications
for renewal of a right-of-way grant or temporary use permit shall be
filed with the lead official.
(c) Where the Federal lands involved are under the jurisdiction of
but one Federal agency, including bureaus and agencies within the
Department of the Interior other than the Bureau of Land Management,
applications for a right-of-way grant or temporary use permit or renewal
of either shall be directed to that agency.
(44 FR 58129, Oct. 9, 1979, as amended at 45 FR 34887, May 23, 1980;
47 FR 12571, Mar. 23, 1982)
43 CFR 2882.2-3 Application content.
(a) Applications for right-of-way grants and temporary use permits
shall be filed on a form approved by the Director. The application form
shall contain instructions for completion of the form and shall require
the following information:
(1) The name and address of the applicant and the applicant's agent,
if appropriate;
(2) A description of the applicant's proposal;
(3) A map, USGS quadrangle, aerial photo or equivalent, showing the
approximate location of the proposed right-of-way and facilities on
public lands and existing improvements adjacent to the proposal, shall
be attached to the application. Only the existing adjacent improvements
which the proposal may directly affect need be shown on the map;
(4) A statement of the applicant's technical and financial capability
to construct, operate, maintain and terminate the proposals;
(5) Certification by the applicant that he/she is of legal age,
authorized to do business in the State and that the information
submitted is correct to the best of the applicant's knowledge; and
(6) Disclose, to the extent applicable, the applicant's citizenship
and the partnership, corporation, association and other business entity
information required by 2882.2-1 of this title.
(b) The applicant may submit additional information to assist the
authorized officer in processing the application. Such information may
include, but is not limited to, the following:
(1) Federal or State approvals required for the proposal;
(2) A description of the alternative route(s) and mode(s) considered
by the applicant when developing the proposal;
(3) Copies of or reference to similar applications or grants the
applicant has submitted or holds;
(4) A statement of need and economic feasibility or other proposal;
and
(5) A statement of the environmental, social and economic effects of
the proposal.
(47 FR 12571, Mar. 23, 1982)
43 CFR 2882.3 Application processing.
(a) The Secretary shall notify the House Committee on Interior and
Insular Affairs and the Senate Committee on Energy and Natural Resources
promptly upon receipt of an application for a right-of-way grant for a
pipeline 24 inches or more in diameter and no right-of-way grant for
such a pipeline shall be issued until 60 days (not counting days on
which the House of Representatives or the Senate has adjourned for more
than 3 days) after a notice of intention to issue the right-of-way
grant, together with the authorized officer's detailed findings as to
terms and conditions he proposes to impose, has been submitted to such
committees, unless each committee by resolution waives the waiting
period.
(b) Upon receipt of an application for a right-of-way grant, the
authorized officer shall publish a notice of the application in the
Federal Register and an announcement in a newspaper or newpapers having
general circulation in the vicinity of the Federal lands affected, or,
if in the opinion of the authorized officer, the pipeline impacts are of
a minor nature, the notice of application may be waived or published
only in a newspaper having general circulation in the area or areas in
the vicinity of the affected Federal lands. The notice shall contain a
description of the pipeline systems as required in 2882.2-3(a) (2) and
(3) of this title, together with such other information as the
authorized officer considers pertinent. The notice shall state where
the application and related documents are available for interested
persons to review. Copies of the notice shall be sent to the Governor
of each State within which the pipeline system may be located, the head
of each local government or jurisdiction within which the pipeline
system may be located, and each agency head, for review and comment.
(c) Where an application for a right-of-way grant or temporary use
permit is incomplete or not in conformity with the Act or these
regulations, the authorized officer may reject the application or notify
the applicant of the deficiencies and afford the applicant an
opportunity to file corrections. Where deficiency notices have not been
adequately complied with, the authorized officer may reject the
application or notify the applicant of the continuing deficiencies and
afford the applicant an opportunity to file corrections.
(d) The authorized officer may require the applicant for a
right-of-way grant or temporary use permit to submit such additional
information as he deems necessary for review of the application.
(e) An application for a right-of-way grant or temporary use permit
which meets the requirements of the Act and of these regulations
entitles the applicant only to full review of the application. Such
application may be denied if the authorized officer determines that the
right-of-way or use applied for would be inconsistent with the purpose
to which the Federal lands involved have been committed, or would
otherwise not be in the public interest.
(f) The authorized officer shall hold public meetings or hearings on
an application for a right-of-way grant or temporary use permit if he
determines that such hearings or meetings are appropriate and sufficient
public interest exists to warrant the time and expense of such meetings
or hearings. Notice of any such meetings or hearings shall be published
in the Federal Register and in local newspapers.
(g) If the application involves a right-of-way through Federal lands
under the jurisdiction of two or more Federal agencies, the authorized
officer shall refer the application to the agency heads for consultation
and other appropriate actions.
(h) The authorized officer shall consult with other agencies as to
any additional information which should be required from the applicant,
conditions or stipulations which should be imposed, and whether the
right-of-way grant or temporary use permit should be issued.
(i) No right-of-way grant or temporary use permit over Federal lands
under the jurisdiction of two or more Federal agencies and not within
the jurisdiction of the agency by which the authorized officer is
employed shall be issued or renewed by the authorized officer without
the concurrence of the head of the agency administering such Federal
lands or his authorized representative.
(j) Where the surface of the Federal lands involved is administered
by the Secretary or by two or more Federal agencies, the Secretary may,
after consultation with the non-Interior agencies involved, grant or
renew a right-of-way or temporary use permit through the Federal lands
involved, with or without the concurrence of the heads of the agencies
administering such Federal lands. A right-of-way through a Federal
reservation shall not be granted if the Secretary determines that it
would be inconsistent with the purposes of the reservation.
(k) A right-of-way grant or temporary use permit need not conform to
the applicant's proposal, but may contain such modifications, terms,
stipulations or conditions including changes in route or site location
as the authorized officer considers appropriate.
(l) No right-of-way grant or temporary use permit shall be considered
as being in effect until the applicant has accepted its terms, in
writing. Written acceptance shall constitute an agreement between an
applicant and the United States that, in consideration of the right to
use Federal lands, the applicant shall abide by all terms and conditions
contained therein and the provisions of applicable laws and regulations.
(m) At the discretion of the authorized officer, a provision may be
placed in a right-of-way grant or temporary use permit requiring that no
construction or use shall occur until a detailed construction,
operation, rehabilitation and environmental protection plan has been
submitted to the authorized officer and a notice to proceed has been
issued. This requirement may be imposed for all or any part of the
right-of-way.
(44 FR 58129, Oct. 9, 1979, as amended at 47 FR 12571, Mar. 23, 1982)
43 CFR 2882.4 Interagency agreements.
The authorized officer may enter into interagency cooperative
agreements with the other Federal agencies having jurisdiction over the
Federal lands involved in right-of-way grants or temporary use permits
applied for and issued under this part.
43 CFR 2882.4 Subpart 2883 -- Administration of Rights Granted
2883.1 General requirements.
43 CFR 2883.1-1 Cost reimbursement.
(a) (1) An applicant for a right-of-way grant or a temporary use
permit shall reimburse the United States for administrative and other
costs incurred by the United States in processing the application,
including the preparation of reports and statements pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347), prior
to the United States having incurred such costs. All costs shall be
paid before the right-of-way grant or temporary use permit shall be
issued under the regulations of this title.
(2) The regulations contained in this subpart do not apply to State
or local governments or agencies or instrumentalities thereof where the
Federal lands are used for governmental purposes and such lands and
resources continue to serve the general public, except as to
right-of-way grants or temporary use permits issued to State or local
governments or agencies or instrumentalities thereof or a municipal
utility or cooperative whose principal source of revenue is derived from
charges levied on customers for services rendered that are similar to
services rendered by a profit making corporation or business enterprise.
(3) The applicant shall submit with each application a nonrefundable
application processing fee in the amount required by a schedule of fees
for this purpose contained in paragraph (c) of this section which shall
be based on a review of the use of the Federal lands for which the
application is made, the resources affected and the complexity and costs
to the United States for processing required by an application for a
right-of-way grant and shall be established according to the following
general categories:
(i) Category I. An application for a right-of-way grant or temporary
use permit to authorize a use of Federal lands for which the data
necessary to comply with the National Environmental Policy Act are
available in the office of the authorized officer; and no field
examination of the lands affected by the application is required;
(ii) Category II. An application for a right-of-way grant or
temporary use permit to authorize a use of Federal lands for which the
data necessary to comply with the National Environmental Policy Act are
available in the office of the authorized officer; and one field
examination of the lands affected by the application to verify the
existing data is required;
(iii) Category III. An application for a right-of-way grant or
temporary use permit to authorize a use of Federal lands for which the
data necessary to comply with the National Environmental Policy Act are
available in the office of the authorized officer; and two field
examinations of the lands affected by the application to verify the data
are required;
(iv) Category IV. An application for a right-of-way grant or
temporary use permit to authorize a use of Federal lands for which some
original data are required to be gathered to comply with the National
Environmental Policy Act; and two or three field examinations of the
lands affected by the application are required;
(v) Category V. An application for a right-of-way grant or temporary
use permit to authorize a use of Federal lands for which original data
are required to be gathered to comply with the National Environmental
Policy Act and evaluation of these data require formation of an
interdisciplinary team; and three or more field examinations of the
lands affected by the application are required;
(vi) Category VI. An application for a right-of-way grant or
temporary use permit to authorize a use of Federal lands for which the
cost of processing activities will be in excess of $5,000.
(4)(i) The authorized officer may accept an application for the
purpose of determining the appropriate category and the nonrefundable
application processing fee; however, the authorized officer shall
collect the full amount of the nonrefundable application processing fee
prior to processing such application. A record of the authorized
officer's category determination shall be made and given to the
applicant, and the decision is a final decision for purposes of appeal
under 2884.1 of this title. Notwithstanding the pendency of such
appeal, an application shall not be processed without payment of the fee
determined by the authorized officer, and where such payment is made,
the application may be processed and, if proper, the grant or permit
issued. The authorized officer shall make any refund directed by the
appeal decision. Where the amount of the nonrefundable application
processing fee submitted by an applicant exceeds the amount of such fee
as determined by the authorized officer, the authorized officer shall
refund any excess unless requested in writing by the applicant to apply
all or part of any such refund to the grant monitoring fee required by
paragraph (b) of this section or to the rental payment for such grant or
permit.
(ii) During the processing of an application, the authorized officer
may change a category determination to place an application in Category
VI at any time that it is determined that the application requires
preparation of an environmental impact statement. A record of change in
category determination under this paragraph shall be made, and the
decision is appealable in the same manner as an original category
determination made under paragraph (a)(4)(i) of this section.
(5) (i) An applicant whose application is determined to be in
Category VI shall, in addition to the nonrefundable application
processing fee, reimburse the United States for the full actual
administrative and other costs of processing the application. The
nonrefundable application processing fee required under the fee schedule
shall be credited toward the total cost reimbursement obligation of such
applicant. When such an application is filed, the authorized officer
shall estimate the costs expected to be incurred in processing the
application, inform the applicant of the estimated amount to be
reimbursed and require the applicant to make periodic payments of such
estimated reimbursable costs prior to such costs being incurred by the
United States.
(ii) If the payments required by paragraph (a)(5)(i) of this section
exceed the actual costs to the United States, the authorized officer may
adjust the next billing to reflect the overpayment, or make a refund
from applicable funds under the authority of 43 U.S.C. 1734. An
applicant may not set off or otherwise deduct any debt due to it or any
sum claimed to be owed it by the United States without the prior written
approval of the authorized officer.
(iii) Prior to issuance of a right-of-way grant or temporary use
permit, an applicant subject to paragraph (a)(5)(i) of this section
shall pay such additional amounts as are necessary to reimburse the
United States for any costs which exceed the payments required by
paragraph (a)(5)(i) of this section.
(iv) An applicant subject to paragraph (a)(5)(i) of this section
whose application is denied is responsible for costs incurred by the
United States in processing the application, and such amounts as have
not been paid in accordance with paragraph (a)(5)(i) of this section are
due within 30 days of receipt of a bill from the authorized officer
giving the amount due.
(v) An applicant subject to paragraph (a)(5)(i) of this section who
withdraws an application before a decision is reached is responsible for
costs incurred by the United States in processing the application up to
the date the authorized officer receives written notice of the
withdrawal, and for costs subsequently incurred in terminating the
application review process. Such amounts as have not been paid in
accordance with paragraph (a)(5)(i) of this section are due within 30
days of receipt of a bill from the authorized officer giving the amount
due.
(6) When 2 or more applications for right-of-way grants are filed
which the authorized officer determines to be in competition with each
other, each applicant shall reimburse the United States as required by
paragraph (a)(3) of this section. If reimbursement of actual costs is
required under paragraph (a)(5)(i) of this section, each applicant shall
be responsible for the costs identifiable with his/her application.
Costs that are not readily identifiable with one of the applications,
such as costs for portions of an environmental impact statement that
relate to all of the applications generally, shall be paid by each of
the applicants in equal shares or such other proration as may be agreed
to in writing by the applicants and authorized officer prior to the
United States incurring such costs.
(7) When, through partnership joint venture or other business
arrangement, more than one person partnership, corporation, association
or other entity apply together for a right-of-way grant or temporary use
permit, each such applicant shall be jointly are severally liable for
costs under this section.
(8) When 2 or more noncompeting applications for right-of-way grants
are received for what, in the judgment of the authorized officer, is one
right-of-way system, all of the applicants shall be jointly and
severally liable for costs under this section for the entire system,
subject, however, to the provisions of paragraph (a)(7) of this section.
(b) (1) After issuance of a right-of-way grant or temporary use
permit for which a fee was assessed under paragraph (a) of this section,
the holder thereof shall, prior to the United States having incurred
such costs, reimburse the United States for costs incurred by the United
States in monitoring the construction, operation, maintenance and
termination of authorized facilities on the right-of-way or permit area,
and for protection and rehabilitation of the lands involved. The
monitoring cost category shall be the same as that for the application
processing category for that project.
(2) The holder shall submit a monitoring cost fee along with the
written acceptance of the terms and conditions of the grant or permit
pursuant to 2882.3(l) of this title. The amount of the required fee
shall be determined by the schedule of fees described in paragraph (c)
of this section. Acceptance of the terms and conditions of the grant or
permit shall not be effective unless the required fee is paid.
(3) A holder whose application was determined to be in Category VI
for application processing purposes shall reimburse the United States
for the actual administrative costs and other costs of monitoring the
grant or permit. When such a grant or permit is issued, the authorized
officer shall estimate the costs expected to be incurred in monitoring
the grant or permit, inform the holder of the estimated amount to be
reimbursed and require the holder to make periodic payment of such
estimated reimburseable costs prior to such costs being incurred by the
United States.
(4) If the payments required by paragraph (b)(3) of this section
exceed the actual costs of the United States, the authorized officer may
adjust the next billing to reflect the overpayment, or make a refund
from applicable funds under the authority of 43 U.S.C. 1734. A holder
may not set off or otherwise deduct any debt due to it or any sum
claimed to be owed it by the United States without the prior written
approval of the authorized officer.
(5) Following termination of a right-of-way grant or temporary use
permit, any grantee or permittee that was determined to be in Category
VI shall pay such additional amounts as are necessary to reimburse the
United States for any costs which exceed the payments required by
paragraph (b)(3) of this section.
(c) The schedules of nonrefundable fees are as follows:
(1) For processing an application for a right-of-way and/or temporary
use permit:
(2) For monitoring a right-of-way grant or temporary use permit:
(d) Reimbursement of costs for application processing and
administration of right-of-way grants and temporary use permits
pertaining to the Trans-Alaska Pipeline System shall be made by payment
of such sums as the Secretary determines to be required to reimburse the
Department of the Interior for the actual costs of these services. In
processing applications and administering right-of-way grants and
temporary use permits relating to the Trans-Alaska Pipeline System, the
Department of the Interior shall avoid unnecessary employment of
personnel and needless expenditure of funds as determined by the
Secretary. Reimbursement of costs shall be made for each quarter ending
on the last day of March, June, September and December. On or before
the 16th day after the close of each quarter, the authorized officer
shall submit to the permittee a written statement of costs incurred
during that quarter which are reimbursable.
(50 FR 1309, Jan. 10, 1985 and 51 FR 31765, Sept. 5, 1986)
43 CFR 2883.1-2 Rental payments.
Holders of right-of-way grants and temporary use permits issued under
this part shall make rental payments in accordance with 2803.1-2 of
this title, except that the provisions of 2803.1-2(b) of this title
shall not apply.
(47 FR 38807, Sept. 2, 1982, as amended at 52 FR 25821, July 8, 1987)
43 CFR 2883.1-3 Bonding.
The authorized officer may require a holder of a right-of-way grant
or temporary use permit to furnish a bond, or other security
satisfactory to him, to secure all or any of the obligations imposed by
the right-of-way grant and temporary use permits and applicable laws and
regulations.
43 CFR 2883.1-4 Liability.
(a) Except as provided in paragraph (f) of this section holders shall
be fully liable to the United States for any damage or injury incurred
by the United States in connection with the use and occupancy of the
right-of-way or permit area.
(b) Except as provided in paragraph (f) of this section, holders
shall be held to a standard of strict liability for any activity within
a right-of-way or permit area which the authorized officer determines,
in his discretion, presents a foreseeable hazard or risk of damage or
injury to the United States. The activities and facilities to which
such standard shall apply shall be specified in the right-of-way grant
or temporary use permit. Strict liability shall not be imposed for
damage or injury resulting primarily from an act of war or the
negligence of the United States. To the extent consistent with other
laws, strict liability shall extend to costs incurred by the United
States for control and abatement of conditions, such as fire or oil
spills, which threaten lives, property or the environment, regardless of
whether the threat occurs on areas that are under Federal jurisdiction.
Stipulations in right-of-way grants and temporary use permits imposing
strict liability shall specify a maximum limitation on damages which, in
the judgment of the authorized officer, is commensurate with the
foreseeable risks or hazards presented. The maximum limitation shall
not exceed $1,000,000 for any one event, and any liability in excess of
such amount shall be determined by the ordinary rules of negligence of
the jurisdiction in which the damage or injury occurred.
(c) In any case where strict liability is imposed and the damage or
injury was caused by a third party, the rules of subrogation shall apply
in accordance with the law of the jurisdiction in which the damage or
injury occurred.
(d) Except as provided in paragraph (f) of this section, holders
shall be fully liable for injuries or damages to third parties resulting
from activities or facilities on lands under Federal jurisdiction, in
accordance with the law of the jurisdiction in which the damage or
injury occurred.
(e) Except as provided in paragraph (f) of this section, holders
shall fully indemnify or hold harmless the United States for liability,
damage or claims arising in connection with the use and occupancy of
right-of-way or permit areas.
(f) If a holder is a State or local government, or agency or
instrumentality thereof, it shall be liable to the fullest extent its
laws allow at the time it is granted a right-of-way grant or temporary
use permit. To the extent such a holder does not have the power to
assume liability, it shall be required to repair damage or make
restitution to the fullest extent of its powers at the time of any
damage or injury.
(g) All owners of any interest in, and all affiliates or subsidiaries
of any holder of a right-of-way grant or temporary use permit, except
for corporate stockholders, shall be jointly and severally liable to the
United States in the event that a claim cannot be satisfied by a holder.
(h) Except as otherwise expressly provided in this section, the
provisions in this section for a remedy is not intended to limit or
exclude any other remedy.
(i) If the right-of-way grant or temporary use permit is issued to
more than one holder, they shall be jointly and severally liable under
this section.
43 CFR 2883.1-5 Common carriers.
(a) Pipelines shall be constructed, operated, and maintained as
common carriers. The owners or operators of pipelines shall accept,
convey, transport, or purchase without discrimination all oil or gas
delivered to the pipeline without regard to whether such oil or gas was
produced on Federal or non-Federal lands. In the case of oil or gas
produced from Federal lands or from the resources on the Federal lands
in the vicinity of the pipeline, the Secretary may, after a full hearing
with due notice thereof to interested parties and a proper finding of
facts, determine the proportionate amounts to be accepted, conveyed,
transported, or purchased.
(b) The common carrier provisions of this section shall not apply to
any natural gas pipeline operated by any person subject to regulation
under the Natural Gas Act or by any public utility subject to regulation
by a State or municipal regulatory agency having jurisdiction to
regulate the rates and charges for the sale of natural gas to consumers
within the State or municipality. Where natural gas not subject to
State regulatory or conservation laws governing its purchase by pipeline
companies is offered for sale, each pipeline company shall purchase,
without discrimination, any such natural gas produced in the vicinity of
the pipeline.
(c) The authorized officer shall require, prior to issuing or
renewing a right-of-way grant, that the applicant submit and disclose
all plans, contracts, agreements, or other information or material which
the authorized officer considers necessary to determine whether a
right-of-way grant shall be issued or renewed and the terms and
conditions which should be included in the grant. Such information may
include, but is not limited to:
(1) Conditions for, and agreements among, owners or operators
regarding the addition of pumping facilities, looping, or otherwise
increasing the pipeline or terminal's throughput capacity in response to
actual or anticipated increases in demand;
(2) Conditions for adding or abandoning intake, offtake, or storage
points or facilities; and
(3) Minimum shipment or purchase tenders.
43 CFR 2883.1-6 Export.
With certain exceptions, domestically produced crude oil transported
through a pipeline is subject to the provisions of section 28(u) of the
Mineral Leasing Act of 1920 as amended (30 U.S.C. 185), and the Export
Administration Act of 1969 as amended (50 U.S.C. 2401), and may not be
exported without Presidential and congressional approval.
43 CFR 2883.2 Holder activity.
(a) The actions of holders of right-of-way grants or temporary use
permits shall be regulated by the appropriate agency head having
jurisdiction over the Federal lands involved, unless other arrangements
are agreed to by the authorized officer and agency head.
(b) An applicant shall promptly notify the authorized officer of any
changes in its plans, financial condition, or other factors relevant to
the application, and shall modify the application promptly to reflect
any such changes. If the requirements of this subsection are not
complied with in the opinion of the authorized officer, the application
may be rejected.
(c) The holder shall at all times keep the authorized officer
informed of his or her address, and in the case of a corporation, of the
address of its principle place of business and the names and addresses
of its principle officers.
(d) Any proposed change in the route of the pipeline or change in the
use of Federal lands under the Act will require an amended or new
right-of-way grant or temporary use permit from the authorized officer.
Any unauthorized activity may be subject to prosecution under applicable
laws.
(e) Holders of pipeline right-of-way grants issued before November
16, 1973, must apply under the Act and these regulations for
modifications of the route or change in the use of Federal lands in
connection with such right-of-way.
(f) The authorized officer may ratify or confirm a right-of-way grant
or temporary use permit that was issued under any provision of law if
the right-of-way grant or temporary use permit is modified to comply
with the provisions of the Act and regulations. Such modifications are
subject to the joint approval of the right-of-way holder and the
authorized officer.
43 CFR 2883.3 Construction procedures.
(a) Unless otherwise stated in the right-of-way grant or temporary
use permit, construction may proceed immediately after delivery to the
authorized officer of the applicant's written acceptance of the
right-of-way grant or temporary use permit.
(b) If a notice to proceed requirement has been imposed under
2882.3(m) of this title, the holder shall initiate no construction,
occupancy, or use until the authorized officer issues an appropriate
notice to proceed.
43 CFR 2883.4 Operation and maintenance.
Prior to the beginning of pipeline operations, the holder shall
submit to the authorized officer a certification of construction,
verifying that the pipeline system has been constructed and tested in
accordance with the terms of the right-of-way grant, and in compliance
with any required plans and specifications, and applicable Federal and
State laws and regulations.
43 CFR 2883.5 Immediate temporary suspension of activities.
(a) If the authorized officer determines that any activity being
conducted or authorized by a holder within a right-of-way or temporary
use permit area is endangering public health or safety or the
environment, he may order the immediate suspension of that activity and
immediate remedial action.
(b) The authorized officer may order immediate suspension of an
activity irrespective of any action that has been or is being taken by
another Federal agency or a State agency.
(c) The authorized officer may give an immediate suspension order
orally or in writing at the site of the activity to the holder or a
contractor or subcontractor of the holder, or to any representative,
agent, employee, or contractor of any of them, and the suspended
activity shall cease at that time. As soon as practicable, the
authorized officer shall confirm the order by a written notice to the
holder addressed to the holder or the holder's designated agent.
(d) An order of temporary suspension of activities shall remain
effective until the authorized officer issues an order permitting
resumption of activities.
(e) Any time after an order of suspension has been issued, the holder
may file with the authorized officer a request for permission to resume.
The request shall be in writing and shall contain a statement of the
facts supporting the request.
(f) The authorized officer may render an order to either grant or
deny the request to resume 5 working days of the date the request is
filed. If the authorized officer does not render an order on the
request within 5 working days, the request shall be considered denied,
and the holder shall have the same right to appeal the denial as if an
order denying the request had been issued.
43 CFR 2883.6 Suspension and termination of right-of-way grants and
temporary use permits.
If the right-of-way grant or temporary use permit provides by its
terms that it shall terminate on the occurrence of a fixed or
agreed-upon condition or event, the right-of-way grant or temporary use
permit shall thereupon automatically terminate by operation of law,
unless some other procedure is specified in the right-of-way grant or
temporary use permit.
43 CFR 2883.6-1 Suspension and termination of right-of-way grants.
(a) The authorized officer may institute procedures for suspension or
termination of a right-of-way grant if it is determined that:
(1) The holder has failed to comply with any term, condition, or
stipulation of the right-of-way grant or applicable laws or regulations.
(b) The holder has deliberately failed to use the right-of-way for
the purpose for which it was granted or renewed for a continuous 2-year
period.
(c) Where the authorized officer determines that a situation under
2883.6 or 2883.6-1 of this title exists in connection with a
right-of-way grant, he or she shall give written notice to the holder,
and refer the matter to the Office of Hearings and Appeals for a hearing
before an Administrative Law Judge pursuant to 43 CFR part 4. The
authorized officer shall suspend or terminate the right-of-way grant if
the Administrative Law Judge determines that grounds for suspension or
termination exists and that such action is justified.
(44 FR 58129, Oct. 9, 1979, as amended at 47 FR 38807, Sept. 2, 1982)
43 CFR 2883.6-2 Suspension and termination of temporary permits.
(a) The authorized officer may institute procedures for suspension or
termination of a temporary use permit if it is determined that:
(1) The holder has failed to comply with any term, condition or
stipulation of the permit or applicable laws or regulations; or
(2) The holder has deliberately failed to use the temporary use
permit area for the purpose for which it was issued or renewed;
(b) Where the authorized officer determines that a situation under
2883.6 of this subpart or this section exists, he or she shall give
written notice to the holder. The holder may file a written request for
review of the notice to the next higher level of authority. The
reviewing official shall, within 10 days of or receipt of such a
request, arrange for a review of the activities that prompted the
suspension or termination notice. The reviewing official shall, within
a reasonable time, affirm, modify or cancel the notice and shall provide
the holder with a written determination.
(c) A holder may appeal a decision issued under paragraph (b) of this
section pursuant to 43 CFR part 4.
43 CFR 2883.7 Change in Federal jurisdiction or disposal of lands.
(a) Where a right-of-way grant or temporary use permit administered
under these regulations traverses Federal lands that are transferred to
another Federal agency, administration of the right-of-way shall, at the
discretion of the authorized officer, be assigned to the acquiring
agency unless such assignment would diminish the rights of the holder.
(b) Where a right-of-way grant or temporary use permit traverses
Federal lands that are transferred out of Federal ownership, the
transfer of the lands shall, at the discretion of the authorized
officer, either include an assignment of the right-of-way, or be made
subject to the right-of-way or the United States may reserve unto itself
the lands encumbered by the right-of-way.
(47 FR 38807, Sept. 2, 1982)
43 CFR 2883.8 Restoration of Federal lands.
Within a reasonable time after termination, revocation or
cancellation of a right-of-way grant, the holder shall, unless directed
otherwise in writing by the authorized officer, remove such structures
and improvements and restore the site to a condition satisfactory to the
authorized officer. If the holder fails to remove all such structures
and improvements within a reasonable period, as determined by the
authorized officer, they shall become the property of the United States,
but the holder shall remain liable for the cost of removal of the
structures and improvements and for restoration of the site.
(47 FR 38807, Sept. 2, 1982)
43 CFR 2883.8 Subpart 2884 -- Appeals
43 CFR 2884.1 Appeals procedure.
(a) All appeals under this part from any final decision of the
authorized officer shall be taken in accordance with part 4 of 43 CFR to
the Office of the Secretary, Board of Land Appeals.
(b) All decisions of the authorized officer under this part shall
remain effective pending appeal unless the Secretary rules otherwise.
Petitions for the stay of a decision shall be filed with the Office of
Hearing and Appeals, Department of the Interior.
(44 FR 58129, Oct. 9, 1979, as amended at 53 FR 17702, May 18, 1988)
43 CFR 2884.1 Subparts 2885-2886 -- (Reserved)
43 CFR 2884.1 Subpart 2887 -- Over Lands Subject to Mineral Lease
43 CFR 2887.0-3 Authority.
Section 29 of the Act of February 25, 1920, as amended (30 U.S.C.
186), provides in part that any permit, lease, occupation or use
permitted under that Act shall reserve to the Secretary of the Interior
the right to permit upon such terms as he may determine to be just, for
joint or several use, such easements or rights-of-way, including
easements in tunnels upon, through or in the lands leased, occupied or
used as may be necessary or appropriate to the working of the same, or
of other lands containing the deposits described in this Act, and the
treatment and shipment of the products thereof by or under authority of
the Government, its lessees or permittees, and for other public
purposes. Application for such easements or rights-of-way shall be
filed in accordance with applicable laws and regulations.
43 CFR 2887.0-3 Group 2900 -- Use; Leases and Permits
Note: The information collection requirements contained in part 2920
of Group 2900 have been approved by the Office of Management and Budget
under 44 U.S.C. 3507 and assigned clearance number 1004 -- 0009. The
information is being collected to permit the authorized officer to
determine if use of the public lands should be granted for various
authorized uses under a lease, permit or easement. The information will
be used to make this determination. A response is required to obtain a
benefit.
(See 48 FR 40889, Sept. 12, 1983)
43 CFR 2887.0-3 PART 2910 -- LEASES
43 CFR 2887.0-3 Subpart 2911 -- Airport
Sec.
2911.0-1 Purpose.
2911.0-3 Authority.
2911.0-5 Definitions.
2911.0-8 Lands available for leasing.
2911.1 Terms and conditions.
2911.2 Procedures.
2911.2-1 Preapplication activity.
2911.2-2 Applications.
2911.2-3 Report by Administrator; Notice of Realty Action.
2911.2-4 Execution of lease.
43 CFR 2887.0-3 Subpart 2912 -- Recreation and Public Purposes Act
2912.0-7 Cross reference.
2912.1 Nature of interest.
2912.1-1 Terms and conditions of lease.
2912.2 Renewal of leases.
2912.3 Substitution of a new lease.
43 CFR 2887.0-3 Subpart 2916 -- Alaska Fur Farm
2916.0-3 Authority.
2916.0-6 Policy.
2916.0-8 Area subject to lease.
2916.1 Terms and conditions.
2916.1-1 Commencement of operations; stocking lands.
2916.1-2 Rights reserved; protection of improvements and roads.
2916.2 Procedures.
2916.2-1 Applications.
2916.2-2 Assignments and subleases.
2916.2-3 Renewal of leases.
2916.2-4 Termination of lease; cancellation.
Authority: 49 U.S.C. App., 211-213, 43 U.S.C. 869 et seq. 48 U.S.C
360, 361, unless otherwise noted.
43 CFR 2887.0-3 Subpart 2911 -- Airport
Authority: 49 U.S.C. 211; 43 U.S.C. 1701 et seq.
Source: 51 FR 40809, Nov. 10, 1986, unless otherwise noted.
43 CFR 2911.0-1 Purpose.
This subpart sets forth procedures for issuance of airport leases on
the public lands.
43 CFR 2911.0-3 Authority.
The Act of May 24, 1928, as amended (49 U.S.C. Appendix, 211-213),
authorizes the Secretary of the Interior to lease for use as a public
airport, any contiguous unreserved and unappropriated public lands not
to exceed 2,560 acres in area.
43 CFR 2911.0-5 Definitions.
As used in this subpart, the term:
(a) Act means the Act of May 24, 1928, as amended (49 U.S.C.
Appendix, 211-213).
(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 subpart.
(c) Administrator means the Administrator of the Federal Aviation
Administration.
(d) Applicant means any individual who is a citizen of the United
States; a group or association of citizens of the United States; any
corporation, organized under the laws of the United States or of any
State, authorized to conduct business in the State in which the land
involved is located; or a State or political subdivisions or
instrumentality thereof, including counties and municipalities; who
submits an application for an airport lease under this subpart.
(e) Public airport means an airport open to use by all persons
without prior permission of the airport lessee or operator, and without
restrictions within the physical capacities of its available facilities.
43 CFR 2911.0-8 Lands available for leasing.
Any contiguous unreserved and unappropriated public lands, surveyed
or unsurveyed, not exceeding 2,560 acres in area, may be leased under
the provisions of the Act, subject to valid existing rights under the
public land laws.
43 CFR 2911.1 Terms and conditions.
(a) The lessee shall, within 1 year from the date of issuance of the
lease, equip the airport as required by the Administrator and file a
report thereof in the Bureau of Land Management District office having
jurisdiction over the lands under lease.
(b) At any time during the term of the lease, the Administrator may
have an inspection made of the airport, and if the the airport does not
comply with the ratings set by the Federal Aviation Administration, the
Administrator shall submit a written statement describing the
deficiencies to the Bureau of Land Management District office having
jurisdiction over the lands under lease for appropriate action.
(c) The authorized officer may cancel, in whole or in part, a lease
issued under the Act for any of the following reasons: Lessee failure
to use the leased premises or any part thereof for a period of at least
6 months; use of the property or any part thereof for a purpose other
than the authorized use; failure to pay the annual rental in full on or
before the date due; failure to maintain the premises according to the
ratings set by the Federal Aviation Administration; failure to comply
with the regulations in this part or the terms of the lease.
(d) Leases under the Act shall be for a period not to exceed 20 years
and may be renewed for like periods.
(e) Annual rental for leases to any citizen of the United States, any
group or association of citizens, or any corporation organized under the
laws of the United States or any State shall be at appraised fair market
rental, with a minimum annual rental payment of $100. State or
political subdivisions thereof, including counties and municipalities,
shall pay to the lessor an annual rental calculated at the appraised
fair market value of the rental of the property less 50%, with a minimum
annual rental payment of $100. In fixing the rentals, consideration
shall be given to all pertinent facts and circumstances, including use
of the airport by government departments and agencies. Rental of each
lease shall be reconsidered and revised at 5-year intervals to reflect
current appraised fair market value. The first annual rental payment
shall be made prior to issuance of the lease. All subsequent payments
shall be paid on or before the anniversary date of issuance of the
lease.
(f) The lessee shall agree that all departments and agencies of the
United States operating aircraft shall have free and unrestricted use of
the airport and, with the approval of the authorized officer, such
departments or agencies shall have the right to erect and install
therein such structures and improvements as are deemed advisable by the
heads of such departments and agencies. Whenever the President may deem
it necessary for military purposes, the Secretary of the Army may assume
full control of the airport.
(g) The lessee shall submit to the Administrator for approval
regulations governing operations of the airport.
2911.2 Procedures.
43 CFR 2911.2-1 Preapplication activity.
Persons seeking to lease public lands under this subpart shall first
consult with the authorized officer in the District or Resource Area
Office in which the lands are located. Such consultation is necessary
to determine land availability and conformity of proposed use with
approved land use plans, explain associated statutory and regulatory
requirements, familiarize the potential applicant with respective
management responsibilities, set forth the application processing
procedures for the proposed action, and identify potential conflicts.
Upon completion of the consultation, persons seeking to lease public
lands for a public airport may submit an application for consideration
by the authorized officer.
43 CFR 2911.2-2 Applications.
(a) Each application shall clearly describe the lands applied for by
legal subdivisions and/or by metes and bounds and contain a plan of
development and use signed by the applicant or by a duly authorized
agent or officer of the applicant. When required by the authorized
officer, the application shall include copies of the appropriate State,
county, or municipal airport licenses or permits, as well as such
additional States and local clearances as may be required.
(b) Each application shall be accompanied by a non-refundable filing
fee of $100. Each applicant shall also be required to pay the cost of
publication of a Notice of Reality Action in the Federal Register and a
newspaper of general circulation in the area in which the lands are
located.
(c) If approval of an application results in cancellation of a
grazing permit of lease or a reduction in grazing acreage, the
provisions of 4110.4-2 of this title shall apply.
43 CFR 2911.2-3 Report by Administrator; Notice of Realty Action.
(a) Upon receipt of the application, the authorized officer shall
send 1 copy to the Administrator for a determination concerning what
fuel facilities, lights, and other furnishings are necessary to meet the
rating set by that agency. After receiving the report of the
Administrator, and before making a determination to issue a lease, 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 leased. The notice shall provide 45 days from the
date of publication in the Federal Register for comments by the public.
Comments shall be sent to the office issuing the notice. The notice
shall not be published until the authorized officer has received the
filing fee from the applicant and is satisfied that all statutory and
regulatory requirements have been met.
(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 issuance of a document of conveyance or 1 year from the date
of publication in the Federal Register, whichever occurs first.
(51 FR 40809, Nov. 10, 1986; 51 FR 45986, Dec. 23, 1986)
43 CFR 2911.2-4 Execution of lease.
Upon receipt of the payments required by 2911.2-2(b) of this title
and not less than 45 days following the publications required by
2911.2-4 of this title, the authorized officer shall make a decision on
the application and, if the application is approved, issue the lease.
(51 FR 40809, Nov. 10, 1986; 51 FR 45986, Dec. 23, 1986)
43 CFR 2911.2-4 Subpart 2912 -- Recreation and Public Purposes Act
Authority: Recreation and Public Purposes Act, as amended (43 U.S.C.
869, et seq.).
Source: 44 FR 43473, July 25, 1979, unless otherwise noted.
43 CFR 2912.0-7 Cross reference.
The general requirements and procedures under the Recreation and
Public Purposes Act are contained in part 2740 of this title.
2912.1 Nature of interest.
43 CFR 2912.1-1 Terms and conditions of lease.
(a) The term of leases under the Recreation and Public Purposes Act,
hereafter referred to as the Act, shall be fixed by the authorized
officer but shall not exceed 20 years for nonprofit associations and
nonprofit corporations, and 25 years for Federal, State, and local
governmental entities. A lease may contain, at the discretion of the
authorized officer, a provision giving the lessee the privilege of
renewing the lease for a like period.
(b) Leases shall be issued on a form approved by the Director, Bureau
of Land Management and shall contain terms and conditions required by
law, and public policy, and which the authorized officer considers
necessary for the proper development of the land, for the protection of
Federal property, and for the protection of the public interest.
(c) Leases shall be terminable by the authorized officer upon failure
of the lessee to comply with the terms of the lease, upon a finding,
after notice and opportunity for hearing, that all or part of the land
is being devoted to a use other than the use authorized by the lease, or
upon a finding that the land has not been used by the lessee for the
purpose specified in the lease for any consecutive period specified by
the authorized officer. The specified period of non-use or unauthorized
use shall not be less than 2 years nor more than 5 years.
(d) Reasonable annual rentals shall be established by the Secretary
of the Interior and shall be payable in advance. Upon notification of
the amount of the yearly rental, a lease applicant shall be required to
pay at least the first year's rental before the lease shall be issued.
Upon the voluntary relinquishment of a lease before the expiration of
its term, any rental paid for the unexpired portion of the term shall be
returned to the lessee upon a proper application for repayment to the
extent that the amount paid covers a full lease year or years of the
remainder of the term of the original lease. Leases 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.
(e) Leases are not transferable except with the consent of the
authorized officer. Transferees shall have all the qualifications of
applicants under the Act and shall be subject to all the terms and
conditions of the regulations in this part.
(f) A lessee shall not be permitted to cut timber from the leased
lands without prior permission from the authorized officer.
(g) All leases shall reserve to the United States all minerals
together with the right to mine and remove the same under applicable
laws and regulations to be established by the Secretary of the Interior.
43 CFR 2912.2 Renewal of leases.
A lessee with a privilege of renewal must notify the authorized
officer at least 180 days before the end of the lease period that it
will exercise the privilege.
43 CFR 2912.3 Substitution of a new lease.
A lessee may apply for a new lease at any time. Applications for new
leases shall be accompanied by consent of the lessee to cancellation of
the existing lease upon the issuance of the new lease and by three
copies of a statement showing (a) the need for a new lease and (b) any
changes in the use or management of the lands or the terms and
conditions of the lease which the applicant desires.
43 CFR 2912.3 Subpart 2916 -- Alaska Fur Farm
Source: 35 FR 9665, June 13, 1970, unless otherwise noted.
43 CFR 2916.0-3 Authority.
The Act of July 3, 1926 (44 Stat. 821, 48 U.S.C. secs. 360, 361),
authorizes the Secretary of the Interior to lease public lands on the
mainland of or islands in Alaska, with the exception of the Pribilof
Islands, for fur farming, for periods not exceeding ten years.
43 CFR 2916.0-6 Policy.
(a) The authority to lease the public lands in Alaska for fur-farming
purposes was granted in order to promote the development of the
production of furs in Alaska.
(b) No lease for the purpose of raising beavers will be granted on
any area already occupied by a beaver colony nor will any such lease be
granted on streams or lakes where the activities of beavers may
interfere with the run or spawning of salmon.
(c) In order to offer more people an opportunity to lease lands, and
to avoid tying up large areas of land unnecessarily, fur-farming leases
on public lands will not be granted for areas greater than are justified
by the needs and experience of the applicant.
43 CFR 2916.0-8 Area subject to lease.
(a) Acreage limitation and exceptions. (1) On the mainland such
leases may be for an area not exceeding 640 acres. A lease may cover an
entire island, provided the area thereof does not exceed 30 square
miles, and provided the need for such entire island is clearly
established. Islands so close together that animals can cross from one
to the other and whose combined area does not exceed 30 square miles,
will be treated as one island. Islands having an area of more than 30
square miles will be treated as mainland.
(2) Where a lease is granted for an area in excess of 640 acres on an
island, the manager may, after notice to the lessee, reduce the area to
an amount not less than 640 acres, if he determines that the lessee
cannot reasonably use all of the area for which the lease was granted.
(b) Lands subject to lease. (1) Vacant, unreserved, and
unappropriated public lands are subject to lease.
(2) Except for lands under the jurisdiction of the Fish and Wildlife
Service and the National Park Service, public lands withdrawn or
reserved for any purpose are subject to lease, if the department or
agency having jurisdiction thereof consents to the issuance of the
lease.
2916.1 Terms and conditions.
43 CFR 2916.1-1 Commencement of operations; stocking lands.
The lessee shall, within one year from the date of issuance of the
lease, commence operations by taking possession of the leased area, and
by placing thereon within that period such improvements as may be needed
for such operations and as will show good faith, and shall thereafter
develop the fur-farming enterprise on the leased area with reasonable
diligence. The lessee shall stock the leased area with the minimum of
fur-bearing animals required by the lease within the periods specified
in the lease.
43 CFR 2916.1-2 Rights reserved; protection of improvements and roads.
Nothing in this part or any lease issued under this part shall
interfere with or prevent:
(a) The prospecting, locating, development, entering, leasing, or
patenting of mineral resources in the leased area under laws applicable
thereto.
(b) The use and disposal of timber or other resources on or in the
leased area under applicable laws.
(c) The use and occupation of parts of leased areas for the taking,
preparing, manufacturing, or storing of fish or fish products, or the
utilization of the lands for purposes of trade or business, to the
extent and in the manner provided by law, and as authorized by the State
Director.
(d) The acquisition or granting of rights-of-way or easements under
applicable laws and regulations.
(e) Hunting and fishing under applicable Federal and State hunting
and fishing laws and regulations, but the authorized officer may
prohibit or restrict, or he may authorize the lessee to prohibit or
restrict hunting or fishing on such parts of the leased area and for
such periods as he may determine to be necessary in order to prevent any
substantial interference with the purposes for which the lease is
issued.
2916.2 Procedures.
43 CFR 2916.2-1 Applications.
(a) Qualifications of applicants. Any person who is a citizen of the
United States, or any group or association composed of such persons, or
any corporation organized under the laws of the United States, or of any
State thereof, authorized to conduct business in Alaska may file an
application.
(b) Contents of application. An application for lease should be
filed in duplicate in the proper office. No specific form of
application is required, but the application should contain or be
accompanied by the following:
(1) Applicant's full name, post office address, the general nature of
his present business, and the principal place of business.
(2)(i) A statement of the age and of the citizenship status, whether
native-born or naturalized, of the applicant, if an individual, or of
each partner or member of a partnership or association. A copartnership
or an association applicant shall file a copy of whatever written
articles of association its members have executed.
(ii) A corporation shall file a certified copy of its articles of
incorporation, evidence that it is authorized to transact business in
Alaska, and a copy of the corporate minutes or resolutions authorizing
the filing of the application and the execution of the lease.
(3) Description of the land for which the lease is desired, by legal
subdivision, section, township, and range, if surveyed, and by metes and
bounds, with the approximate area, if unsurveyed. The metes and bounds
description should be connected by course and distance with some corner
of the public-land surveys, if practicable, or with reference to rivers,
creeks, mountains, towns, islands, or other prominent topographical
points or natural objects or monuments.
(4) A statement as to the applicant's experience in and knowledge of
fur farming.
(5) A statement as to the kind of fur-bearing animals to be raised,
and, if foxes, the color type; the number of fur-bearing animals the
applicant proposes to have on the leased land within one year from the
date of the lease, and whether it is proposed to purchase or trap the
stock; and that before commencing operations of any lease which may be
issued, the applicant will procure from the appropriate State game
agency whatever licenses are required under Alaska law.
(6) A detailed statement of the reasons for the need for any area in
excess of 640 acres but not exceeding 30 square miles, when the land
applied for is comprised of an island, or islands.
(7) A statement of the nature and results of the investigation made
by applicant as to whether the land and climate are suited to raising
the kind of animals proposed to be stocked.
(8) A statement as to whether the land is occupied, claimed, or used
by natives of Alaska or others; and, if so the nature of the use and
occupancy and the improvements thereon, if any.
(9) If beavers are to be raised, a statement as to whether a beaver
colony exists on the land, and whether salmon streams or lakes are on or
adjacent to the land proposed to be leased.
(10) A statement that the applicant is acting solely on his own
account and not under any agreement or understanding with another.
(11) The serial numbers of all other applications filed or leases
obtained under this act by applicant, or applicant's spouse or business
associate, or in which applicant has a direct or indirect interest.
(12) The showing as to hot or medicinal springs required by
2311.2(a) of this chapter.
(13) All applications must be accompanied by an application service
fee of $10 which will not be returnable.
(c) Form of lease; rental and royalty; report of annual operations.
(1) Leases will be issued on a form approved by the Director.
(2) Prior to the issuance of a lease and annually thereafter, the
lessee shall pay an advance rental of $5 per annum if the lease embraces
10 acres or less, a rental of $25 per annum if the leased area is more
than 10 acres but not more than 640 acres, and a rental of $50 per annum
if the leased area exceeds 640 acres.
(3) Within 60 days after the end of each lease year the lessee shall
file with the land office a report on a form approved by the Director,
in duplicate, showing his operations under the lease and his gross
receipts thereunder from the sale of live animals and pelts for the
preceding lease year. The lessee shall pay, at the time of filing the
report, a royalty of 1 percent of such gross receipts deducting
therefrom the amount of the advance rental payment made for such
preceding lease year.
43 CFR 2916.2-2 Assignments and subleases.
A proposed assignment on a lease, in whole or in part, or a sublease,
must be filed in duplicate with the proper office within 90 days from
the date of its execution; must contain all of the terms and conditions
agreed upon by the parties thereto; and must be supported by a
statement that the assignee or sublessee agrees to be bound by the
provisions of the lease. The assignee or sublessee must submit with the
assignment or sublease the information or statements required by
2916.2-1(b) (1), (2), (4), (5), (10), and (11). No assignment or
sublease will be recognized unless and until approved by the authorizing
officer.
(Sec. 2, 44 Stat. 822; 48 U.S.C. 361)
43 CFR 2916.2-3 Renewal of leases.
Upon an application filed in the proper office within 90 days
preceding the expiration date of the lease, if it is determined that a
renewal lease should be granted, the lessee will be offered such lease
by the authorized officer, upon such terms and conditions and for such
duration as may be fixed, not exceeding 10 years. The filing of an
application for renewal does not confer on the lessee any preference
right to a renewal. The timely filing of an application will, however
authorize the exclusive fur-farming use of the lands by the lessee in
accordance with the terms of the prior lease pending final action on the
renewal application.
43 CFR 2916.2-4 Termination of lease; cancellation.
(a) Action by authorized officer. (1) The authorized officer may
terminate a lease at the request of the lessee if the lessee shall make
satisfactory showing that such termination will not adversely affect the
public interest and that he has paid all charges due the Government
thereunder.
(2) A lease may be canceled if the lessee shall fail to comply with
any of the provisions of this part or of the lease, or shall devote the
lease area primarily to any purpose other than the rearing of
fur-bearing animals as authorized. No lease will be canceled until the
lessee has been formally notified of such default and such default shall
continue for 60 days after service of such notice.
(b) Removal of improvements and personal property. (1) Improvements
or personal property may not be removed from the lands, except
fur-bearing animals disposed of in the regular course of business,
unless all moneys due the United States under the lease have been paid.
The lessee shall be allowed 90 days from the date of expiration or
termination of the lease within which to remove his personal property
and such improvements as are not disposed of in the manner set forth in
paragraph (b)(2) of this section, which he has a right to remove; if
not removed or otherwise disposed of within the said period, such
improvements or personal property shall become the property of the
United States.
(2) Upon the expiration of the lease or the earlier termination
thereof, the authorizing officer may, in his discretion and upon a
written petition filed by the lessee within 30 days from the date of
such expiration or termination, require the subsequent lease applicant,
prior to the execution of a new lease, to agree to compensate the lessee
for any improvements of a permanent nature that he may have placed upon
the leased area for fur-farming purposes during the period of the lease.
If the interested parties are unable to reach an agreement as to the
amount of compensation, the amount shall be fixed by the authorizing
officer. All such agreements to be effective, must be approved by the
authorizing officer. The failure of the subsequent lessee to pay the
former lessee in accordance with such agreement will be just cause for
cancellation of the lease.
43 CFR 2916.2-4 PART 2920 -- LEASES, PERMITS AND EASEMENTS
43 CFR 2916.2-4 Subpart 2920 -- Leases, Permits and Easements: General
Provisions
Sec.
2920.0-1 Purpose.
2920.0-3 Authority.
2920.0-5 Definitions.
2920.0-6 Policy.
2920.1 Uses.
2920.1-1 Authorized use.
2920.1-2 Unauthorized use.
2920.2 Procedures for public-initiated land use proposals.
2920.2-1 Discussion of proposals.
2920.2-2 Minimum impact permits.
2920.2-3 Other land use proposals.
2920.2-4 Proposal content.
2920.2-5 Proposal review.
2920.3 Bureau of Land Management initiated land use proposals.
2920.4 Notice of realty action.
2920.5 Application procedure.
2920.5-1 Filing of applications for land use authorizations.
2920.5-2 Application content.
2920.5-3 Application review.
2920.5-4 Competitive or non-competitive bids.
2920.5-5 Application processing.
2920.6 Reimbursement of costs.
2920.7 Terms and conditions.
2920.8 Fees.
2920.9 Supervision of the land use authorization.
2920.9-1 Construction phase.
2920.9-2 Operation and maintenance.
2920.9-3 Termination and suspension.
Authority: 43 U.S.C. 1732, 1733 and 1740.
Source: 46 FR 5777, Jan. 19, 1981, unless otherwise noted.
43 CFR 2916.2-4 Subpart 2920 -- Leases, Permits and Easements: General Provisions
43 CFR 2920.0-1 Purpose.
The purpose of the regulations in this part is to establish
procedures for the orderly and timely processing of proposals for
non-Federal use of the public lands. The procedural and informational
requirements set by these regulations vary in relation to the nature of
the anticipated use.
43 CFR 2920.0-3 Authority.
Sections 302, 303 and 310 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1732, 1733, 1740) authorize the Secretary of the
Interior to issue regulations providing for the use, occupancy, and
development of the public lands through leases, permits, and easements.
(52 FR 49115, Dec. 29, 1987)
43 CFR 2920.0-5 Definitions.
As used in this part, 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 part.
(b) Easement means an authorization for a non-possessory,
non-exclusive interest in lands which specifies the rights of the holder
and the obligation of the Bureau of Land Management to use and manage
the lands in a manner consistent with the terms of the easement.
(c) Lease means an authorization to possess and use public lands for
a fixed period of time.
(d) Permit means a short-term revocable authorization to use public
lands for specified purposes.
(e) Land use proposal means an informal statement, in writing, from
any person to the authorized officer requesting consideration of a
specified use of the public lands.
(f) Land use plan means resource management plans or management
framework plans prepared by the Bureau of Land Management pursuant to
its land use planning system.
(g) Public lands means lands or interests 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.
(h) Person means any person or entity legally capable of conveying
and holding lands or interests therein, under the laws of the State
within which the lands or interests therein are located, who is a
citizen of the United States, or in the case of a corporation, is
subject to the laws of any State or of the United States.
(i) Proponent means any person who submits a land use proposal,
either on his/her own initiative or in response to a notice for
submission of such proposals.
(j) Applicant means any person who submits an application for a land
use authorization under this part.
(k) Casual use means any short term non-commercial activity which
does not cause appreciable damage or disturbance to the public lands,
their resources or improvements, and which is not prohibited by closure
of the lands to such activities.
(l) Land use authorization means any authorization to use the public
lands issued under this part.
(m) Knowing and willful means that a violation is knowingly and
willfully committed if it constitutes the voluntary or conscious
performance of an act which is prohibited or the voluntary or conscious
failure to perform an act or duty that is required. The terms does not
include performances or failures to perform which are honest mistakes or
which are merely inadvertent. The term includes, but does not require,
performances or failures to perform which result from a criminal or evil
intent or from a specific intent to violate the law. The knowing or
willful nature of conduct may be established by plain indifference to or
reckless disregard of the requirements of law, regulations, orders, or
terms of a lease. A consistent pattern of performance or failure to
perform also may be sufficient to establish the knowing or willful
nature of the conduct, where such consistent pattern is neither the
result of honest mistake or mere inadvertency. Conduct which is
otherwise regarded as being knowing or willful is rendered neither
accidental nor mitigated in character by the belief that the conduct is
reasonable or legal.
(46 FR 5777, Jan. 19, 1981, as amended at 52 FR 49115, Dec. 29, 1987)
43 CFR 2920.0-6 Policy.
(a) Land use authorizations shall be issued only at fair market value
and only for those uses that conform with Bureau of Land Management
plans, policy, objectives and resource management programs. Conformance
with land use authorizations will be determined through the planning
process and procedures provided in part 1600 of this title.
(b) In determining the informational and procedural requirements, the
authorized officer will consider the duration of the anticipated use,
its impact on the public lands and resources and the investment required
by the anticipated use.
2920.1 Uses.
43 CFR 2920.1-1 Authorized use.
Any use not specifically authorized under other laws or regulations
and not specifically forbidden by law may be authorized under this part.
Uses which may be authorized include residential, agricultural,
industrial, and commercial, and uses that cannot be authorized under
title V of the Federal Land Policy and Management Act or section 28 of
the Mineral Leasing Act. Land use authorizations shall be granted under
the following categories:
(a) Leases shall be used to authorize uses of public lands involving
substantial construction, development, or land improvement and the
investment of large amounts of capital which are to be amortized over
time. A lease conveys a possessory interest and is revocable only in
accordance with its terms and the provisions of 2920.9-3 of this title.
Leases shall be issued for a term, determined by the authorized
officer, that is consistent with the time required to amortize the
capital investment.
(b) Permits shall be used to authorize uses of public lands for not
to exceed 3 years that involve either little or no land improvement,
construction, or investment, or investment which can be amortized within
the term of the permit. A permit conveys no possessory interest. The
permit is renewable at the discretion of the authorized officer and may
be revoked in accordance with its terms and the provisions of 2920.9-3
of this title. Permits shall be issued on a form approved by the
Director, Bureau of Land Management, that has been filed by the
applicant with the appropriate Bureau of Land Management office.
(c) Easements may be used to assure that uses of public lands are
compatible with non-Federal uses occurring on adjacent or nearby land.
The term of the easement shall be determined by the authorized officer.
An easement granted under this part may be issued only for purposes not
authorized under title V of the Federal Land Policy and Management Act
or section 28 of the Mineral Leasing Act.
(d) No land use authorization is required under the regulations in
this part for casual use of the public lands.
(52 FR 49115, Dec. 29, 1987)
43 CFR 2920.1-2 Unauthorized use.
(a) Any use, occupancy, or development of the public lands, other
than casual use as defined in 2920.0-5(k) of this title, without
authorization under the procedures in 2920.1-1 of this title, shall be
considered a trespass. Anyone determined by the authorized officer to
be in trespass on the public lands shall be notified of such trespass
and shall be liable to the United States for:
(1) The administrative costs incurred by the United States as a
consequence of such trespass; and
(2) The fair market value rental of the lands for the current year
and past years of trespass; and
(3) Rehabilitating and stabilizing the lands that were the subject of
such trespass, or if the person determined to be in trespass does not
rehabilitate and stabilize the lands determined to be in trespass within
the period set by the authorized officer in the notice, he/she shall be
liable for the costs incurred by the United States in rehabilitating and
stabilizing such lands.
(b) In addition, the following penalties may be assessed by the
authorized officer for a trespass not timely resolved under paragraph
(a) of this section and where the trespass is determined to be:
(1) Nonwillful, twice the fair market rental value which has accrued
since the inception of the trespass, not to exceed a total of 6 years;
or
(2) Knowing and willful, three times the fair market rental value
which has accrued since the inception of the trespass, not to exceed a
total of 6 years.
(c) For any person found to be in trespass on the public lands under
this section, the authorized officer may take action under 2920.9-3 of
this title to terminate, revoke, or cancel any land use authorization
issued to such person under this part.
(d) Failure to satisfy the liability and penalty requirements imposed
under this section for unauthorized use of the public lands may result
in denial of:
(1) A use authorization under this part; and
(2) A request to purchase or exchange public lands filed under
subparts 2711 and 2201 of this title.
(e) Any person who knowingly and willfully violates the regulations
in this part by using the public lands without the authorization
required by this part, in addition to the civil penalties provided for
in this part, may be subject to a fine of not more than $1,000 or
imprisonment of not more than 12 months, or both under subpart 9262 of
this title.
(f) Any person adversely affected by a decision issued under this
section, may appeal that decision under the provisions of part 4 of this
title.
(52 FR 49115, Dec. 29, 1987)
2920.2 Procedures for public-initiated land use proposals.
43 CFR 2920.2-1 Discussion of proposals.
(a) Suggestions by land use proponent. Any person who seeks to use
public lands may contact the Bureau of Land Management office having
jurisdiction over the public lands in question and discuss the land use
proposal. This contact should be made as early as possible so that
administrative requirements and potential conflicts with other land uses
can be identified.
(b) Response by the authorized officer. The authorized officer will
discuss with the land use proponent whether the requested land use,
suitability or non-suitability of the requested land use based on a
preliminary examination of existing land use plans, where available, is
or is not in conformance with Bureau of Land Management policies and
programs for the lands, local zoning ordinances and any other pertinent
information. The authorized officer will discuss administrative
requirements for the type of land use authorization which may be granted
(lease, permit or easement), including, but not limited to: additional
information which may be required; qualifications; cost reimbursement
requirements; associated clearances, other permits or licenses which
may be required; environmental and management considerations; and
special requirements such as competitive bidding and identification of
on-the-ground investigations which may be required in order to issue a
land use authorization.
43 CFR 2920.2-2 Minimum impact permits.
The authorized officer may, without publication of a notice of realty
action, issue a permit for a land use authorization upon a determination
that the proposed use is in conformance with Bureau of Land Management
plans, policies and programs, local zoning ordinances and any other
requirements and will not cause appreciable damage or disturbance to the
public lands, their resources or improvements.
43 CFR 2920.2-3 Other land use proposals.
(a) A proposal for a land use authorization, including permits not
covered by 2920.2-2 of this title, shall be submitted in writing to the
Bureau of Land Management office having jurisdiction over the public
lands covered by the proposal.
(b) The submission of a proposal gives no right to use the public
lands.
43 CFR 2920.2-4 Proposal content.
(a) Proposals for a land use authorization shall include a
description of the proposed land use in sufficient detail to enable the
authorized officer to evaluate the feasibility of the proposed land use,
the impacts if any, on the environment, the public or other benefits
from the proposed land use, the approximate cost of the proposal, any
threat to the public health and safety posed by the proposal and whether
the proposal is, in the proponent's opinion, in conformance with Bureau
of Land Management plans, programs and policies for the public lands
covered by the proposal. The description shall include, but not be
limited to:
(1) Details of the proposed uses and activities;
(2) A description of all facilities for which authorization is
sought, access needs and special types of easements that may be needed;
(3) A map of sufficient scale to allow all of the required
information to be legible and a legal description of primary and
alternative project locations; and
(4) A schedule for construction of any facilities.
(b) The proposal shall include the name, legal mailing address and
telephone number of the land use proponent.
43 CFR 2920.2-5 Proposal review.
(a) A land use proposal shall, upon submission, be reviewed to
determine if the public lands covered by the proposal are appropriate
for the proposed land use and if the proposal is otherwise legal.
(b) If the proposal is found to be appropriate for further
consideration, the authorized officer shall examine the proposal and
make one of the following determinations:
(1) The proposed land use is in conformance with the appropriate land
use plan and can be approved;
(2) The proposed land use has not been addressed in an existing land
use plan and shall be addressed in accordance with the procedure in part
1600 of this title;
(3) The proposed land use is in an area not covered in an existing
land use plan and shall be processed in accordance with the procedure in
1601.8 of this title; or
(4) The proposed land use is not in conformance with the approved
land use plan. This determination may be appealed under 43 CFR 4.400
for review of the question of conformance with the land use plan.
(c)(1) If a proposed land use does not meet the requirements of this
subpart or is found not to be in conformance with the land use plan, the
authorized officer shall so advise the proponent and shall provide a
written explanation of the reasons the proposed use does not meet the
requirements of this subpart and/or is not in conformance with an
existing land use plan.
(2) Where a proposed land use is determined not to be in conformance
with an approved land use plan, with the land use plan, the authorized
officer may consider the proposal for land use as an application to
amend or revise the existing land use plan under part 1600 of this
title.
43 CFR 2920.3 Bureau of Land Management initiated land use proposals.
Where, as a result of the land use planning process, the desirability
of allowing use of the public lands or providing increased service to
the public from such use of the public lands is demonstrated, the
authorized officer may identify a use for the public land and notify the
public that proposals for utilizing the land through a lease, permit or
easement will be considered.
43 CFR 2920.4 Notice of realty action.
(a) A notice of realty action indicating the availability of public
lands for non-Federal uses through lease, permit or easement shall be
issued, published and sent to parties of interest by the authorized
officer, including, but not limited to, adjoining land owners and
current or past land users, when a determination has been made that such
public lands are available for a particular use either through the
submission of a public initiated proposal or through the land use
planning process.
(b) The notice shall include the use proposed for the public lands
and shall notify the public that applications for a lease, permit or
easement shall be considered. The notice shall specify the form of
negotiation, whether by competitive or non-competitive bidding, under
which the land use authorization shall be issued. A notice of realty
action is not a specific action implementing a resource management plan
or amendment.
(c) 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 included in
the land use proposal.
(d) An application submitted before a notice of realty action is
published shall not be processed and shall be returned to the person who
submitted it. Return of an application shall not be subject to appeal
or protest.
2920.5 Application procedure.
43 CFR 2920.5-1 Filing of applications for land use authorizations.
(a) Only after publication of a notice of realty action shall an
application for a land use authorization be filed with the Bureau of
Land Management office having jurisdiction over the public lands covered
by the application.
(b) The filing of an application gives no right to use the public
lands.
43 CFR 2920.5-2 Application content.
(a) Applications for land use authorizations shall include a
reference to the notice of realty action under which the application is
filed and a description of the proposed land use in sufficient detail to
enable the authorized officer to evaluate the feasibility of the
proposed land use, the impacts, if any, on the environment, the public
or other benefits from the land use, the approximate cost of the
proposed land use, any threat to the public health and safety posed by
the proposed use and whether the proposed use is, in the opinion of the
applicant, in conformance with the Bureau of Land Management plans,
programs and policies for the public lands covered by the proposed use.
The description shall include, but not be limited to:
(1) Details of the proposed uses and activities;
(2) A description of all facilities for which authorization is
sought, access needs and special types of easements that may be needed;
(3) A map of sufficient scale to allow all of the required
information to be legible and a legal description of primary and
alternative project locations; and
(4) A schedule for construction of any facilities.
(b) Additional information:
(1) After review of the project description, the authorized officer
may require the applicant(s) to fund or to perform additional studies or
submit additional environmental data, or both, so as to enable the
Bureau of Land Management to prepare an environmental analysis in
accordance with section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); and comply with the requirements
of the National Historic Preservation Act of 1966 (16 U.S.C. 470); The
Archeological and Historic Preservation Act of 1974 (16 U.S.C. 469 et
seq.); Executive Order 11593, ''Protection and Enhancement of the
Cultural Environment'' of May 13, 1971 (36 FR 8921); ''Procedures for
the Protection of Historic and Cultural Properties'' (36 CFR part 300);
and other laws and regulations as applicable.
(2) An application for the use of public lands may require additional
private, State, local or other Federal agency licenses, permits,
easements, certificates or other approval documents. The authorized
officer may require the applicant to furnish such documents, or proof of
application for such documents, as part of the application.
(3) The authorized officer may require evidence that the applicant
has, or prior to commencement of construction will have, the technical
and financial capability to construct, operate, maintain and terminate
the authorized land use.
(c) The application shall include the name and legal mailing address
of the applicant.
(d) Business Associations. If the applicant is other than an
individual, the application shall include the name and address of an
agent authorized to receive notice of actions pertaining to the
application.
(e) Federal departments and agencies. Federal departments and
agencies are not qualified to hold land use authorizations under this
authority.
(f) If any of the information required in this section has already
been submitted as part of a land use proposal submitted under 2920.2 of
this title, the application need only refer to that proposal by filing
date, office and case number. The applicant shall certify that there
have been no changes in any of the information.
43 CFR 2920.5-3 Application review.
Every application shall be reviewed to determine if it conforms to
the notice of realty action. If the application does not meet the
requirements of this subpart, the application may be denied, and the
applicant shall be so advised in writing, with an explanation.
43 CFR 2920.5-4 Competitive or non-competitive bids.
(a) Competitive. Land use authorizations may be offered on a
competitive basis if, in the judgment of the authorized officer, a
competitive interest exists or if no equities, such as prior use of the
lands, warrant non-competitive land use authorization. Land use
authorizations shall be awarded on the basis of the public benefit to be
provided, the financial and technical capability of the bidder to
undertake the project and the bid offered. A bid at less than fair
market value shall not be considered. Each bidder shall submit
information required by the notice of realty action.
(b) Non-competitive. Land use authorizations may be offered on a
negotiated, non-competitive basis, when, in the judgement of the
authorized officer equities, such as prior use of the lands, exist, no
competitive interest exists or where competitive bidding would represent
unfair competitive and economic disadvantage to the originator of the
unique land use concept. The non-competitive bid shall not be for less
than fair market value.
43 CFR 2920.5-5 Application processing.
(a) After review of applications filed, the authorized officer shall
select one application for further processing in accordance with the
notice of realty action. The authorized officer shall provide public
notice of the selection of an applicant and notify the selected
applicant, in writing, of the selection. All other applications shall
be rejected and returned to the applicants.
(b) The selected land use applicant shall submit any additional
information that the authorized officer considers necessary to process
the land use authorization.
43 CFR 2920.6 Reimbursement of costs.
(a) When two or more applications are submitted for a land use
authorization, each applicant shall be liable for the identifiable costs
of processing his (or her) application. Where the costs of processing
two or more applications cannot be readily identified with particular
applications, all applicants shall be liable for such costs, to be
divided equally among them.
(b) The selected land use applicant shall reimburse the United States
for reasonable administrative and other costs incurred by the United
States in processing a land use authorization application and in
monitoring construction, operation, maintenance and rehabilitation of
facilities authorized under this part, including preparation of reports
and statements required by the National Environmental Policy Act of 1969
(43 U.S.C. 4321 et seq.). The reimbursement of costs shall be in
accordance with the provisions of 2803.1-1 of this title, except that
any permit whose total rental is less than $250 shall be exempt from
reimbursement of costs requirements.
(c) The authorized officer may, before beginning any processing of a
land use authorization application, require payment, as may be needed,
to cover the estimated costs of processing the application. Before
granting a land use authorization, the authorized officer shall assess
and collect the actual costs of processing after furnishing the
applicant with a statement of costs. This payment shall be determined
in accordance with the provisions of 2803 of this title.
(d) A selected applicant who withdraws, in writing, a land use
application before a final decision is reached on the authorization is
responsible for all costs incurred by the United States in processing
the application up to the day that the authorized officer receives
notice of the withdrawal and for costs subsequently incurred by the
United States in terminating the proposed land use authorization
process. Reimbursement of such costs shall be paid within 30 days of
receipt of notice from the authorized officer of the amount due.
(e) Advance payments based on a schedule of rates developed by the
authorized officer, are required for monitoring of operations and
maintenance during the term of the land use authorization, which amount
shall be paid simultaneously with the rental payment required by
2920.8(a) of this title.
(f) The selected applicant shall, before a land use authorization is
issued, submit a payment based on a schedule of rates developed by the
Director, Bureau of Land Management, for monitoring rehabilitation or
restoration of the lands upon expiration of the land use authorization.
(g) If payment, as required by paragraphs (b), (d) and (e) of this
section, exceeds actual costs to the United States, refund may be made
by the authorized officer from applicable funds under authority of 43
U.S.C. 1734, or the authorized officer may adjust the next billing to
reflect the overpayment. Neither an applicant nor a holder of land use
authorization shall set off or otherwise deduct any debt due to or any
sum claimed to be owed them by the United States without the prior
written approval of the authorized officer.
(h) The authorized officer shall, on request, give a selected
applicant an estimate, based on the best available cost information, of
the costs, which may be incurred by the United States in processing the
proposed land use authorization. However, reimbursement shall not be
limited to the estimate of the authorized officer if actual costs exceed
the projected estimate.
(i) When through partnership, joint venture or other business
arrangement, more than one person, partnership, corporation, association
or other entity jointly make application for a land use authorization,
each such party shall be jointly and severally liable for the costs
under this section.
(j) Requests for modification of or addition to the land use
authorization or reconstruction or relocation of any authorized
facilities shall be treated as a new application for cost recovery
purposes and are subject to the cost requirements of this section.
43 CFR 2920.7 Terms and conditions.
(a) In all land use authorizations the United States reserves the
right to use the public lands or to authorize the use of the public
lands by the general public in any way compatible or consistent with the
authorized land use and such reservations shall be included as a part of
all land use authorizations. Authorized representatives of the
Department of the Interior, other Federal agencies and State and local
law enforcement personnel shall at all times have the right to enter the
premises on official business. Holders shall not close or otherwise
obstruct the use of roads or trails commonly in public use.
(b) Each land use authorization shall contain terms and conditions
which shall:
(1) Carry out the purposes of applicable law and regulations issued
thereunder;
(2) Minimize damage to scenic, cultural and aesthetic values, fish
and wildlife habitat and otherwise protect the environment;
(3) Require compliance with air and water quality standards
established pursuant to applicable Federal or State law; and
(4) Require compliance with State standards for public health and
safety, environmental protection, siting, construction, operation and
maintenance of, or for, such use if those standards are more stringent
than applicable Federal standards.
(c) Land use authorizations shall also contain such other terms and
conditions as the authorized officer considers necessary to:
(1) Protect Federal property and economic interests;
(2) Manage efficiently the public lands which are subject to the use
or adjacent to or occupied by such use;
(3) Protect lives and property;
(4) Protect the interests of individuals living in the general area
of the use who rely on the fish, wildlife and other biotic resources of
the area for subsistence purposes;
(5) Require the use to be located in an area which shall cause least
damage to the environment, taking into consideration feasibility and
other relevant factors; and
(6) Otherwise protect the public interest.
(d) A holder shall be required to secure authorization under
applicable law to pay in advance the fair market value, as determined by
the authorized officer, of any mineral, vegetative materials (including
timber) to be cut, removed, used or destroyed on public lands.
(e) A holder shall not use the public lands for any purposes other
than those specified in the land use authorization without the approval
of the authorized officer.
(f) Liability provisions:
(1) Holders of a land use authorization and all owners of any
interest in, and all affiliates or subsidiaries of any holder of a land
use authorization issued under these regulations shall pay the United
States the full value for all injuries or damage to public lands or
other property of the United States caused by the holder or by its
employees, agents or servants, or by a contractor, its employees, agents
or servants, except holders shall be held to standards of strict
liability where the Secretary of the Interior determines that the
activities taking place on the area covered by the land use
authorization present a foreseeable hazard or risk of danger to public
lands or other property of the United States. Strict liability shall
not be applied where such damages or injuries result from acts of war or
negligence of the United States.
(2) Holders of a land use authorization and all owners of any
interest in, and affiliates or subsidiaries of any holder of a land use
authorization issued under these regulations shall pay third parties the
full value of all injuries or damage to life, person or property caused
by the holder, its employees, agents or servants or by a contractor, its
employees, agents or servants.
(3) Holders of a land use authorization shall indemnify or hold
harmless the United States against any liability for damages to life,
person or property arising from the authorized occupancy or use of the
public lands under the land use authorization. Where a land use
authorization is issued to a State or local government or any agency or
instrumentality thereof, which has no legal power to assume such
liability with respect to damages caused by it to lands or property,
such State or local government or agency in lieu thereof shall be
required to repair all damages.
(g) The authorized officer may require a bond or other security
satisfactory to him/her to insure the fulfillment of the terms and
conditions of the land use authorization.
(h) Any land use authorization existing on the effective date of this
regulation is not affected by this regulation and shall continue to be
administered under the statutory authority under which it was issued.
However, by filing a proposal for amendment or renewal, the holder of a
land use authorization shall be considered to have agreed to convert the
entire authorization to the current statutory authority and the
regulations in effect at the time of approval of the amendment or
renewal.
(i) The holder of a land use authorization who has complied with the
provisions thereof, shall, upon the filing of a request for renewal, be
the preferred user for a new land use authorization provided that the
public lands are not needed for another use. Renewal, if granted, shall
be subject to new terms and conditions. If so specified in the terms of
a permit, the permit may be automatically renewable upon payment of the
annual rental unless the authorized officer notifies the permittee
within 60 days of the expiration date of the permit that the permit
shall not be renewed.
(j) Land use authorizations may be transferred in whole or in part
but only under the following conditions:
(1) The transferee shall comply with the provisions of 2920.2-3 of
this title;
(2) The authorized officer may modify the terms and conditions of the
land use authorization and the transferee shall agree, in writing, to
comply with and be bound by the terms and conditions of the
authorization as modified; and
(3) Transfers shall not take effect until approved by the authorized
officer.
(k) If public lands included in a lease or easement are to be
disposed of, the conveyance shall be made subject to the lease or
easement. Permits shall be revoked prior to disposal of the public
lands.
43 CFR 2920.8 Fees.
(a) Rental. (1) Holders of a land use authorization shall pay
annually or otherwise as determined by the authorized officer, in
advance, a rental as determined by the authorized officer. The rental
shall be based either upon the fair market value of the rights
authorized in the land use authorization or as determined by competitive
bidding. In no case shall the rental be less than fair market value.
(2) Rental fees for leases and easements may be adjusted every 5
years or earlier, as determined by the authorized officer, to reflect
current fair market value.
(3) The rental fees required by this section are payable when due,
and a late charge of 1 percent per month of the unpaid amount or $15 per
month, whichever is greater, shall be assessed if subsequent billings
are required. Failure to pay the rental fee in a timely manner is cause
for termination of the land use authorization.
(b) Processing fee. Each request for renewal, transfer or assignment
of a lease or easement shall be accompanied by a non-refundable
processing fee of $25. The authorized officer may waive or reduce this
fee for requests for permit renewals which can be processed with a
minimal amount of work.
2920.9 Supervision of the land use authorization.
43 CFR 2920.9-1 Construction phase.
(a) Unless otherwise stated in the land use authorization,
construction may proceed immediately upon receipt and acceptance of the
land use authorization by the selected applicant.
(b) Where an authorization to use public lands provides that no
construction shall occur until specific permission to begin construction
is granted, no construction shall occur until an appropriate Notice to
Proceed has been issued by the authorized officer, following the
submission and approval of required plans or documents.
(c) The authorized officer shall inspect and monitor construction as
necessary, to assure compliance with approved plans and protection of
the resources, the environment and the public health, safety and
welfare.
(d) The holder of a land use authorization may be required to
designate a field representative who can accept and act on guidance and
instructions from the authorized officer.
(e) The holder of a land use authorization may be required to provide
proof of construction to the approved plan and required standards.
Thereafter, operation of the authorized facilities may begin.
43 CFR 2920.9-2 Operation and maintenance.
The authorized officer shall inspect and monitor the operation and
maintenance of the land use authorization area, its facilities and
improvements to assure compliance with the plan of management and
protection of the resources, the environment and the public health,
safety and welfare, and the holder of the land use authorization shall
take corrective action as required by the authorized officer.
43 CFR 2920.9-3 Termination and suspension.
(a) Land use authorizations may be terminated under the following
circumstances:
(1) If a land use authorization provides by its terms that it shall
terminate on the occurrence of a fixed or agreed-upon event, the land
use authorization shall thereupon automatically terminate by operation
of law upon the occurrence of such event.
(2) Noncompliance with applicable law, regulations or terms and
conditions of the land use authorization.
(3) Failure of the holder to use the land use authorization for the
purpose for which it was authorized. Failure to construct or nonuse for
any continuous 2-year period shall constitute a presumption of
abandonment and termination.
(4) Mutual agreement that the land use authorization should be
terminated.
(5) Nonpayment of rent for 2 consecutive months, following notice of
payment due.
(6) So that the public lands covered by the permit can be disposed of
or used for any other purpose.
(b)(1) Upon determination that there is noncompliance with the terms
and conditions of a land use authorization which adversely affects the
public health, safety or welfare or the environment, the authorized
officer shall issue an immediate temporary suspension.
(2) The authorized officer may give an immediate temporary susension
order orally or in writing at the site of the activity to the holder or
a contractor or subcontractor of the holder, or to any representative,
agent, employee or contractor of any of them, and the suspended activity
shall cease at that time. As soon as practicable, the authorized
officer shall confirm the order by a written notice to the holder
addressed to the holder or the holder's designated agent. The
authorized officer may also take such action considered necessary to
require correction of such defects prior to an administrative
proceeding.
(3) The authorized officer may order immediate temporary suspension
of an activity regardless of any action that has been or is being taken
by another Federal agency or a State agency.
(4) An order of temporary suspension of activities shall remain
effective until the authorized officer issues an order permitting
resumption of activities.
(5) Any time after an order of suspension has been issued, the holder
may file with the authorized officer a request for permission to resume.
The request shall be in writing and shall contain a statement of the
facts supporting the request.
(6) The authorized officer may render an order to either grant or
deny the request to resume within 5 working days of the date the request
is filed. If the authorized officer does not render an order on the
request within 5 working days, the request shall be considered denied,
the holder shall have the same right to appeal the denial as if an order
denying the request had been issued.
(c) Process for termination or suspension other than temporary
immediate suspension.
(1) Prior to commencing any proceeding to suspend or terminate a land
use authorization, the authorized officer shall give written notice to
the holder of the legal grounds for such action and shall give the
holder a reasonable time to correct any noncompliance.
(2) After due notice of termination or suspension to the holder of a
land use authorization, if noncompliance still exists after a reasonable
time, the authorized officer shall give written notice to the holder and
refer the matter to the Office of Hearings and Appeals for a hearing
before an Administrative Law Judge pursuant to 43 CFR 4.420-4.439. The
authorized officer shall suspend or revoke the land use authorization if
the Administrative Law Judge determines that grounds for suspension or
revocation exists and that such action is justified.
(3) The authorized officer shall terminate a suspension order when
the authorized officer determines that the violation causing such
suspension has been rectified.
(d) Upon termination, revocation or cancellation of a land use
authorization, the holder shall remove all structures and improvements
except those owned by the United States within 60 days of the notice of
termination, revocation or cancellation and shall restore the site to
its pre-use condition, unless otherwise agreed upon in writing or in the
land use authorization. If the holder fails to remove all such
structures or improvements within a reasonable period, they shall become
the property of the United States, but that shall not relieve the holder
of liability for the cost of their removal and restoration of the site.
43 CFR 2920.9-3 SUBCHAPTER C -- MINERALS MANAGEMENT (3000)
43 CFR 2920.9-3 Group 3000 -- Minerals Management
Note: The information collection requirements contained in part 3000
have been approved by the Office of Management and Budget under 44
U.S.C. 3507 and assigned clearance number 1004-0145. The information is
being collected to allow the authorized officer to determine if the
applicant applying to engage in exploratory activity on the public lands
is qualified to engage in that activity. This information will be used
in making that determination. The obligation to respond is required to
obtain a benefit.
(See 48 FR 33659, July 22, 1983, as amended at 53 FR 17375, May 16,
1988)
43 CFR 2920.9-3 PART 3000 -- MINERALS MANAGEMENT: GENERAL
43 CFR 2920.9-3 Subpart 3000 -- General
Sec.
3000.0-5 Definitions.
3000.1 Nondiscrimination.
3000.2 False statements.
3000.3 Unlawful interests.
3000.4 Appeals.
3000.5 Limitations on time to institute suit to contest a decision of
the Secretary.
3000.6 Filing of documents.
3000.7 Multiple development.
3000.8 Management of Federal minerals from reserved mineral estates.
3000.9 Enforcement.
Authority: Mineral Leasing Act of 1920, as amended and supplemented
(30 U.S.C. 181 et seq), the Mineral Leasing Act for Acquired Lands of
1947, as amended (30 U.S.C. 351-359), the Alaska National Interest Lands
Conservation Act, as amended (16 U.S.C. 3101 et seq), the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq), the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.), the Act of May 21, 1930 (30 U.S.C. 301-306), the Omnibus Budget
Reconciliation Act of 1981 (Pub. L. 97-35), the Independent Offices
Appropriations Act of 1952 (31 U.S.C. 483a), the Department of the
Interior Appropriations Act, Fiscal Year 1981 (42 U.S.C. 6508), and the
Attorney General's Opinion of Apr. 2, 1941 (40 Op. Atty. Gen. 41).
Source: 48 FR 33659, July 22, 1983, unless otherwise noted.
43 CFR 2920.9-3 Subpart 3000 -- General
43 CFR 3000.0-5 Definitions.
As used in Groups 3000 and 3100 of this title, the term:
(a) Gas means any fluid, either combustible or noncombustible, which
is produced in a natural state from the earth and which maintains a
gaseous or rarefied state at ordinary temperatures and pressure
conditions.
(b) Oil means all nongaseous hydrocarbon substances other than those
substances leasable as coal, oil shale or gilsonite (including all
vein-type solid hydrocarbons).
(c) Secretary means the Secretary of the Interior.
(d) Director means the Director of the Bureau of Land Management.
(e) Authorized officer means any employee of the Bureau of Land
Management authorized to perform the duties described in Group 3000 and
3100.
(f) Proper BLM office means the Bureau of Land Management office
having jurisdiction over the lands subject to the regulations in Groups
3000 and 3100, except that all oil and gas lease offers, and assignments
or transfers for lands in Alaska shall be filed in the Alaska State
Office, Anchorage, Alaska.
(See 1821-2-1 of this title for office location and area of
jurisdiction of Bureau of Land Management offices.)
(g) Public domain lands means lands, including mineral estates, which
never left the ownership of the United States, lands which were obtained
by the United States in exchange for public domain lands, lands which
have reverted to the ownership of the United States through the
operation of the public land laws and other lands specifically
identified by the Congress as part of the public domain.
(h) Acquired lands means lands which the United States obtained by
deed through purchase or gift, or through condemnation proceedings,
including lands previously disposed of under the public land laws
including the mining laws.
(i) Anniversary date means the same day and month in succeeding years
as that on which the lease became effective.
(j) Act means the Mineral Leasing Act of 1920, as amended and
supplemented (30 U.S.C. 181 et seq.).
(k) Party in interest means a party who is or will be vested with any
interest under the lease as defined in paragraph (l) of this section.
No one is a sole party in interest with respect to an application,
offer, competitive bid or lease in which any other party has an
interest;
(l) Interest means ownership in a lease or prospective lease of all
or a portion of the record title, working interest, operating rights,
overriding royalty, payments out of production, carried interests, net
profit share or similar instrument for participation in the benefit
derived from a lease. An interest may be created by direct or indirect
ownership, including options. Interest does not mean stock ownership,
stockholding or stock control in an application, offer, competitive bid
or lease, except for purposes of acreage limitations in 3101.2 of this
title and qualifications of lessees in subpart 3102 of this title.
(m) Surface managing agency means any Federal agency outside of the
Department of the Interior with jurisdiction over the surface overlying
federally-owned minerals.
(n) Service means the Minerals Management Service.
(o) Bureau means the Bureau of Land Management.
(48 FR 33659, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984;
53 FR 17351, May 16, 1988; 53 FR 22835, June 17, 1988)
43 CFR 3000.1 Nondiscrimination.
Any person acquiring a lease under this chapter shall comply fully
with the equal opportunity provisions of Executive Order 11246 of
September 24, 1965, as amended, and the rules, regulations and relevant
orders of the Secretary of Labor (41 CFR part 60 and 43 CFR part 17).
43 CFR 3000.2 False statements.
Under the provisions of 18 U.S.C. 1001, it is a crime punishable by 5
years imprisonment or a fine of up to $10,000, or both, for any person
knowingly and willfully to submit or cause to be submitted to any agency
of the United States any false or fraudulent statement(s) as to any
matter within the agency's jurisdiction.
43 CFR 3000.3 Unlawful interests.
No member of, or delegate to, Congress, or Resident Commissioner, and
no employee of the Department of the Interior, except as provided in 43
CFR part 20, shall be entitled to acquire or hold any Federal lease, or
interest therein. (Officer, agent or employee of the Department -- see
43 CFR part 20; Member of Congress -- see R.S. 3741; 41 U.S.C. 22;
18 U.S.C. 431-433.)
43 CFR 3000.4 Appeals.
Except as provided in 3101.7-3(b), 3120.1-3, 3165.4, and 3427.2 of
this title, any party adversely affected by a decision of the authorized
officer made pursuant to the provisions of Group 3000 or Group 3100 of
this title shall have a right of appeal pursuant to part 4 of this
title.
(53 FR 22835, June 17, 1988)
43 CFR 3000.5 Limitations on time to institute suit to contest a
decision of the Secretary.
No action contesting a decision of the Secretary involving any oil or
gas lease, offer or application shall be maintained unless such action
is commenced or taken within 90 days after the final decision of the
Secretary relating to such matter.
43 CFR 3000.6 Filing of documents.
All necessary documents shall be filed in the proper BLM office. A
document shall be considered filed when it is received in the proper BLM
office during regular business hours (see 1821.2 of this title).
43 CFR 3000.7 Multiple development.
The granting of a permit or lease for the prospecting, development or
production of deposits of any one mineral shall not preclude the
issuance of other permits or leases for the same lands for deposits of
other minerals with suitable stipulations for simultaneous operation,
nor the allowance of applicable entries, locations or selections of
leased lands with a reservation of the mineral deposits to the United
States.
43 CFR 3000.8 Management of Federal minerals from reserved mineral
estates.
Where nonmineral public land disposal statutes provide that in
conveyances of title all or certain minerals shall be reserved to the
United States together with the right to prospect for, mine and remove
the minerals under applicable law and regulations as the Secretary may
prescribe, the lease or sale, and administration and management of the
use of such minerals shall be accomplished under the regulations of
Groups 3000 and 3100 of this title. Such mineral estates include, but
are not limited to, those that have been or will be reserved under the
authorities of the Small Tract Act of June 1, 1938, as amended (43
U.S.C. 682(b)) and the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.).
(53 FR 17351, May 16, 1988)
43 CFR 3000.9 Enforcement.
Provisions of section 41 of the Act shall be enforced by the United
States Department of Justice.
(53 FR 22835, June 17, 1988)
43 CFR 3000.9 Group 3100 -- Oil and Gas Leasing
Note: The information collection requirements contained in parts
3100, 3110, 3120, 3130, 3140, 3150, and 3160 have been approved by the
Office of Management and Budget under 44 U.S.C. 3507 and assigned
clearance numbers 1004-0034, 1004-0065, 1004-0067, 1004-0074, 1004-0132,
1004-0134, 1004-0135, 1004-0136, 1004-0137, 1004-0138, and 1004-0145.
The information is being collected to allow the authorized officer to
determine if an applicant to lease, explore for or develop Federal oil
and gas is qualified to hold such lease. This information will be used
in making that determination. The obligation to respond is required to
obtain a benefit.
(See 48 FR 33661, July 22, 1983, as amended at 48 FR 40889, Sept.
12, 1983; 53 FR 17375, May 16, 1988; 53 FR 31959, Aug. 22, 1988)
43 CFR 3000.9 Pt. 3100
43 CFR 3000.9 PART 3100 -- OIL AND GAS LEASING
43 CFR 3000.9 Subpart 3100 -- Oil and Gas Leasing: General
Sec.
3100.0-3 Authority.
3100.0-5 Definitions.
3100.0-9 Information collection.
3100.1 Helium.
3100.2 Drainage.
3100.2-1 Compensation for drainage.
3100.2-2 Drilling and production or payment of compensatory royalty.
3100.3 Options.
3100.3-1 Enforceability.
3100.3-2 Effect of option on acreage.
3100.3-3 Option statements.
43 CFR 3000.9 Subpart 3101 -- Issuance of Leases
3101.1 Lease terms and conditions.
3101.1-1 Lease form.
3101.1-2 Surface use rights.
3101.1-3 Stipulations and information notices.
3101.1-4 Modification or waiver of lease terms and stipulations.
3101.2 Acreage limitations.
3101.2-1 Public domain lands.
3101.2-2 Acquired lands.
3101.2-3 Excepted acreage.
3101.2-4 Excess acreage.
3101.2-5 Computation.
3101.2-6 Showing required.
3101.3 Leases within unit areas.
3101.3-1 Joinder evidence required.
3101.3-2 Separate leases to issue.
3101.4 Lands covered by application to close lands to mineral
leasing.
3101.5 National Wildlife Refuge System lands.
3101.5-1 Wildlife refuge lands.
3101.5-2 Coordination lands.
3101.5-3 Alaska wildlife areas.
3101.5-4 Stipulations.
3101.6 Recreation and public purposes lands.
3101.7 Federal lands administered by an agency outside the Department
of the Interior.
3101.7-1 General requirements.
3101.7-2 Action by the Bureau of Land Management.
3101.7-3 Appeals.
3101.8 State's or charitable organization's ownership of surface
overlying Federally-owned minerals.
43 CFR 3000.9 Subpart 3102 -- Qualifications of Lessees
3102.1 Who may hold leases.
3102.2 Aliens.
3102.3 Minors.
3102.4 Signature.
3102.5 Compliance, certification of compliance and evidence.
3102.5-1 Compliance.
3102.5-2 Certification of compliance.
3102.5-3 Evidence of compliance.
43 CFR 3000.9 Subpart 3103 -- Fees, Rentals and Royalty
3103.1 Payments.
3103.1-1 Form of remittance.
3103.1-2 Where submitted.
3103.2 Rentals.
3103.2-1 Rental requirements.
3103.2-2 Annual rental payments.
3103.3 Royalties.
3103.3-1 Royalty on production.
3103.3-2 Minimum royalties.
3103.4 Promotion of development.
3103.4-1 Waiver, suspension or reduction of rental, royalty or
minimum royalty.
3103.4-2 Suspension of operations and/or production.
43 CFR 3000.9 Subpart 3104 -- Bonds
3104.1 Bond obligations.
3104.2 Lease bond.
3104.3 Statewide and nationwide bonds.
3104.4 Unit operator's bond.
3104.5 Increased amount of bonds.
3104.6 Where filed and number of copies.
3104.7 Default.
3104.8 Termination of period of liability.
43 CFR 3000.9 Subpart 3105 -- Cooperative Conservation Provisions
3105.1 Cooperative or unit agreement.
3105.2 Communitization or drilling agreements.
3105.2-1 Where filed.
3105.2-2 Purpose.
3105.2-3 Requirements.
3105.3 Operating, drilling or development contracts.
3105.3-1 Where filed.
3105.3-2 Purpose.
3105.3-3 Requirements.
3105.4 Combination for joint operations or for transportation of oil.
3105.4-1 Where filed.
3105.4-2 Purpose.
3105.4-3 Requirements.
3105.4-4 Rights-of-way.
3105.5 Subsurface storage of oil and gas.
3105.5-1 Where filed.
3105.5-2 Purpose.
3105.5-3 Requirements.
3105.5-4 Extension of lease term.
3105.6 Consolidation of leases.
43 CFR 3000.9 Subpart 3106 -- Transfers by Assignment, Sublease or
Otherwise
3106.1 Transfers, general.
3106.2 Qualifications of transferees.
3106.3 Filing fees.
3106.4 Forms.
3106.4-1 Transfers of record title and of operating rights
(subleases).
3106.4-2 Transfers of other interests, including royalty interests
and production payments.
3106.4-3 Mass transfers.
3106.5 Description of lands.
3106.6 Bonds.
3106.6-1 Lease bond.
3106.6-2 Statewide/nationwide bond.
3106.7 Approval of transfer.
3106.7-1 Failure to qualify.
3106.7-2 Continuing responsibility.
3106.7-3 Lease account status.
3106.7-4 Effective date of transfer.
3106.7-5 Effect of transfer.
3106.8 Other types of transfers.
3106.8-1 Heirs and devisees.
3106.8-2 Change of name.
3106.8-3 Corporate merger.
43 CFR 3000.9 Subpart 3107 -- Continuation, Extension or Renewal
3107.1 Extension by drilling.
3107.2 Production.
3107.2-1 Continuation by production.
3107.2-2 Cessation of production.
3107.2-3 Leases capable of production.
3107.3 Extension for terms of cooperative or unit plan.
3107.3-1 Leases committed to plan.
3107.3-2 Segregation of leases committed in part.
3107.3-3 20-year lease or any renewal thereof.
3107.4 Extension by elimination.
3107.5 Extension of leases segregated by assignment.
3107.5-1 Extension after discovery on other segregated portions.
3107.5-2 Undeveloped parts of leases in their extended term.
3107.5-3 Undeveloped parts of producing leases.
3107.6 Extension of reinstated leases.
3107.7 Exchange leases: 20-year term.
3107.8 Renewal leases.
3107.8-1 Requirements.
3107.8-2 Application.
3107.8-3 Approval.
3107.9 Other types.
3107.9-1 Payment of compensatory royalty.
3107.9-2 Subsurface storage of oil and gas.
43 CFR 3000.9 Subpart 3108 -- Relinquishment, Termination, Cancellation
3108.1 Relinquishments.
3108.2 Termination by operation of law and reinstatement.
3108.2-1 Automatic termination.
3108.2-2 Reinstatement at existing rental and royalty rates: Class I
reinstatements.
3108.2-3 Reinstatement at higher rental and royalty rates: Class II
reinstatements.
3108.2-4 Conversion of unpatented oil placer mining claims: Class
III reinstatements.
3108.3 Cancellation.
3108.4 Bona fide purchasers.
3108.5 Waiver or suspension of lease rights.
43 CFR 3000.9 Subpart 3109 -- Leasing Under Special Acts
3109.1 Rights-of-way.
3109.1-1 Generally.
3109.1-2 Application.
3109.1-3 Notice.
3109.1-4 Award of lease or compensatory royalty agreement.
3109.1-5 Compensatory royalty agreement or lease.
3109.2 Units of the National Park System.
3109.2-1 Authority to lease. (Reserved)
3109.2-2 Area subject to lease. (Reserved)
3109.3 Shasta and Trinity Units of the Whiskeytown-Shasta-Trinity
National Recreation Area.
Authority: 30 U.S.C. 181, et seq., 30 U.S.C. 351-359.
Source: 48 FR 33662, July 22, 1983, unless otherwise noted.
43 CFR 3000.9 Subpart 3100 -- Onshore Oil and Gas Leasing: General
43 CFR 3100.0-3 Authority.
(a) Public domain. (1) Oil and gas in public domain lands and lands
returned to the public domain under section 2370 of this title are
subject to lease under the Mineral Leasing Act of 1920, as amended and
supplemented (30 U.S.C. 181 et seq.), by acts, including, but not
limited to, section 1009 of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3148).
(2) Exceptions. (i) Units of the National Park System, including
lands withdrawn by section 206 of the Alaska National Interest Lands
Conservation Act, except as provided in paragraph (g)(4) of this
section;
(ii) Indian reservations;
(iii) Incorporated cities, towns and villages;
(iv) Naval petroleum and oil shale reserves and the National
Petroleum Reserve -- Alaska.
(v) Lands north of 68 degrees north latitude and east of the western
boundary of the National Petroleum Reserve -- Alaska;
(vi) Arctic National Wildlife Refuge in Alaska.
(vii) Lands recommended for wilderness allocation by the surface
managing agency:
(viii) Lands within Bureau of Land Management wilderness study areas;
(ix) Lands designated by Congress as wilderness study areas, except
where oil and gas leasing is specifically allowed to continue by the
statute designating the study area;
(x) Lands within areas allocated for wilderness or further planning
in Executive Communication 1504, Ninety-Sixth Congress (House Document
numbered 96-119), unless such lands are allocated to uses other than
wilderness by a land and resource management plan or have been released
to uses other than wilderness by an Act of Congress; and
(xi) Lands within the National Wilderness Preservation System,
subject to valid existing rights under section 4(d)(3) of the Wilderness
Act established before midnight, December 31, 1983, unless otherwise
provided by law.
(b) Acquired lands. (1) Oil and gas in acquired lands are subject to
lease under the Mineral Leasing Act for Acquired Lands of August 7,
1947, as amended (30 U.S.C. 351-359).
(2) Exceptions. (i) Units of the National Park System, except as
provided in paragraph (g)(4) of this section;
(ii) Incorporated cities, towns and villages;
(iii) Naval petroleum and oil shale reserves and the National
Petroleum Reserve -- Alaska;
(iv) Tidelands or submerged coastal lands within the continental
shelf adjacent or littoral to lands within the jurisdiction of the
United States;
(v) Lands acquired by the United States for development of helium,
fissionable material deposits or other minerals essential to the defense
of the country, except oil, gas and other minerals subject to leasing
under the Act;
(vi) Lands reported as excess under the Federal Property and
Administrative Services Act of 1949;
(vii) Lands acquired by the United States by foreclosure or otherwise
for resale.
(viii) Lands recommended for wilderness allocation by the surface
managing agency;
(ix) Lands within Bureau of Land Management wilderness study areas;
(x) Lands designated by Congress as wilderness study areas, except
where oil and gas leasing is specifically allowed to continue by the
statute designating the study area;
(xi) Lands within areas allocated for wilderness or further planning
in Executive Communication 1504, Ninety-Sixth Congress (House Document
numbered 96-119), unless such lands are allocated to uses other than
wilderness by a land and resource management plan or have been released
to uses other than wilderness by an Act of Congress; and
(xii) Lands within the National Wilderness Preservation System,
subject to valid existing rights under section 4(d)(3) of the Wilderness
Act established before midnight, December 31, 1983, unless otherwise
provided by law.
(c) National Petroleum Reserve -- Alaska is subject to lease under
the Department of the Interior Appropriations Act, Fiscal Year 1981 (42
U.S.C. 6508).
(d) Where oil or gas is being drained from lands otherwise
unavailable for leasing, there is implied authority in the agency having
jurisdiction of those lands to grant authority to the Bureau of Land
Management to lease such lands (see 43 U.S.C. 1457; also Attorney
General's Opinion of April 2, 1941 (Vol. 40 Op. Atty. Gen. 41)).
(e) Where lands previously withdrawn or reserved from the public
domain are no longer needed by the agency for which the lands were
withdrawn or reserved and such lands are retained by the General
Services Administration, or where acquired lands are declared as excess
to or surplus by the General Services Administration, authority to lease
such lands may be transferred to the Department in accordance with the
Federal Property and Administrative Services Act of 1949 and the Mineral
Leasing Act for Acquired Lands, as amended.
(f) The Act of May 21, 1930 (30 U.S.C. 301-306), authorizes the
leasing of oil and gas deposits under certain rights-of-way to the owner
of the right-of-way or any assignee.
(g) (1) The Act of May 9, 1942 (56 Stat. 273), as amended by the Act
of October 25, 1949 (63 Stat. 886), authorizes leasing on certain lands
in Nevada.
(2) The Act of March 3, 1933 (47 Stat. 1487), as amended by the Act
of June 5, 1936 (49 Stat. 1482) and the Act of June 29, 1936 (49 Stat.
2026), authorizes leasing on certain lands patented to the State of
California.
(3) The Act of June 30, 1950 (16 U.S.C. 508(b)) authorizes leasing on
certain National Forest Service Lands in Minnesota.
(4) Units of the National Park System. The Secretary is authorized
to permit mineral leasing in the following units of the National Park
System if he/she finds that such disposition would not have significant
adverse effects on the administration of the area and if lease
operations can be conducted in a manner that will preserve the scenic,
scientific and historic features contributing to public enjoyment of the
area, pursuant to the following authorities:
(i) Lake Mead National Recreation Area -- The Act of October 8, 1964
(16 U.S.C. 460n et seq.).
(ii) Whiskeytown Unit of the Whiskeytown-Shasta-Trinity National
Recreation Area -- The Act of November 8, 1965 (79 Stat. 1295; 16
U.S.C. 460q et seq.).
(iii) Ross Lake and Lake Chelan National Recreation Areas -- The Act
of October 2, 1968 (82 Stat. 926; 16 U.S.C. 90 et seq.).
(iv) Glen Canyon National Recreation Area -- The Act of October 27,
1972 (86 Stat. 1311; 16 U.S.C. 460dd et seq.).
(5) Shasta and Trinity Units of the Whiskeytown-Shasta-Trinity
National Recreation Area. Section 6 of the Act of November 8, 1965
(Pub. L. 89-336; 79 Stat. 1295), authorizes the Secretary of the
Interior to permit the removal of leasable minerals from lands (or
interest in lands) within the recreation area under the jurisdiction of
the Secretary of Agriculture in accordance with the Mineral Leasing Act
of February 25, 1920, as amended (30 U.S.C. 181 et seq.), or the
Acquired Lands Mineral Leasing Act of August 7, 1947 (30 U.S.C.
351-359), if he finds that such disposition would not have significant
adverse effects on the purpose of the Central Valley project or the
administration of the recreation area.
(48 FR 33662, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984;
53 FR 17351, 17352, May 16, 1988; 53 FR 22835, June 17, 1988; 53 FR
31958, Aug. 22, 1988)
43 CFR 3100.0-5 Definitions.
As used in this part, the term:
(a) Operator means any person or entity, including, but not limited
to, the lessee or operating rights owner, who has stated in writing to
the authorized officer that it is responsible under the terms and
conditions of the lease for the operations conducted on the leased lands
or a portion thereof.
(b) Unit operator means the person authorized under the agreement
approved by the Department of the Interior to conduct operations within
the unit.
(c) Record title means a lessee's interest in a lease which includes
the obligation to pay rent, and the rights to assign and relinquish the
lease. Overriding royalty and operating rights are severable from
record title interests.
(d) Operating right (working interest) means the interest created out
of a lease authorizing the holder of that right to enter upon the leased
lands to conduct drilling and related operations, including production
of oil or gas from such lands in accordance with the terms of the lease.
(e) Transfer means any conveyance of an interest in a lease by
assignment, sublease or otherwise. This definition includes the terms:
Assignment which means a transfer of all or a portion of the lessee's
record title interest in a lease; and sublease which means a transfer
of a non-record title interest in a lease, i.e., a transfer of operating
rights is normally a sublease and a sublease also is a subsidiary
arrangement between the lessee (sublessor) and the sublessee, but a
sublease does not include a transfer of a purely financial interest,
such as overriding royalty interest or payment out of production, nor
does it affect the relationship imposed by a lease between the lessee(s)
and the United States.
(f) National Wildlife Refuge System Lands means lands and water, or
interests therein, administered by the Secretary as wildlife refuges,
areas for the protection and conservation of fish and wildlife that are
threatened with extinction, wildlife management areas or waterfowl
production areas.
(g) Actual drilling operations includes not only the physical
drilling of a well, but the testing, completing or equipping of such
well for production.
(h)(1) Primary term of lease subject to section 4(d) of the Act prior
to the revision of 1960 (30 U.S.C. 226-1(d)) means all periods of the
life of the lease prior to its extension by reason of production of oil
and gas in paying quantities; and
(2) Primary term of all other leases means the initial term of the
lease. For competitive leases, except those within the National
Petroleum Reserve -- Alaska, this means 5 years and for noncompetitive
leases this means 10 years.
(i) Lessee means a person or entity holding record title in a lease
issued by the United States.
(j) Operating rights owner means a person or entity holding operating
rights in a lease issued by the United States. A lessee also may be an
operating rights owner if the operating rights in a lease or portion
thereof have not been severed from record title.
(k) Bid means an amount of remittance offered as partial compensation
for a lease equal to or in excess of the national minimum acceptable
bonus bid set by statute or by the Secretary, submitted by a person or
entity for a lease parcel in a competitive lease sale.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17352, May 16, 1988;
53 FR 22836, June 17, 1988)
43 CFR 3100.0-9 Information collection.
(a)(1) The collections of information contained in 3103.4-1(b) have
been approved by the Office of Management and Budget under 44 U.S.C.
3501 et seq. and are among the collections assigned clearance number
1004-0145. The information will be used to determine whether an oil and
gas operator or owner may obtain a reduction in the royalty rate.
Response is required to obtain a benefit in accordance with 30 U.S.C.
181, et seq., and 30 U.S.C. 351-359.
(2) Public reporting burden for the information collections assigned
clearance number 1004-0145 is estimated to average 1 hour 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. 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, DC 20240, and the Office of Management and Budget, Paperwork
Reduction Project, 1004-0145, Washington, DC 20503.
(b)(1) The collections of information contained in 3103.4-1(c) and
(d) have been approved by the Office of Management and Budget under 44
U.S.C. 3501 et seq. and assigned clearance number 1010-0090. The
information will be used to determine whether an oil and gas lessee may
obtain a reduction in the royalty rate. Response is required to obtain
a benefit in accordance with 30 U.S.C. 181, et seq., and 30 U.S.C.
351-359.
(2) Public reporting burden for this information is estimated to
average 1/2 hour 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. 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,
Minerals Management Service (Mail Stop 2300), 381 Elden Street, Herndon,
VA 22070-4817, and the Office of Management and Budget, Paperwork
Reduction Project, 1010-0090, Washington, DC 20503.
(57 35973, Aug. 11, 1992)
43 CFR 3100.1 Helium.
The ownership of and the right to extract helium from all gas
produced from lands leased or otherwise disposed of under the Act have
been reserved to the United States.
3100.2 Drainage.
43 CFR 3100.2-1 Compensation for drainage.
Upon a determination by the authorized officer that lands owned by
the United States are being drained of oil or gas by wells drilled on
adjacent lands, the authorized officer may execute agreements with the
owners of adjacent lands whereby the United States and its lessees shall
be compensated for such drainage. Such agreements shall be made with
the consent of any lessee affected by an agreement. Such lands may also
be offered for lease in accordance with part 3120 of this title.
43 CFR 3100.2-2 Drilling and production or payment of compensatory
royalty.
Where lands in any leases are being drained of their oil or gas
content by wells either on a Federal lease issued at a lower rate of
royalty or on non-Federal lands, the lessee shall both drill and produce
all wells necessary to protect the leased lands from drainage. In lieu
of drilling necessary wells, the lessee may, with the consent of the
authorized officer, pay compensatory royalty in the amount determined in
accordance with 3162.2(a) of this title.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17352, May 16, 1988)
3100.3 Options.
43 CFR 3100.3-1 Enforceability.
(a) No option to acquire any interest in a lease shall be enforceable
if entered into for a period of more than 3 years (including any renewal
period that may be provided for in the option) without the approval of
the Secretary.
(b) No option or renewal thereof shall be enforceable until a signed
copy or notice of option has been filed in the proper BLM office. Each
such signed copy or notice shall include:
(1) The names and addresses of the parties thereto;
(2) The serial number of the lease to which the option is applicable;
(3) A statement of the number of acres covered by the option and of
the interests and obligations of the parties to the option, including
the date and expiration date of the option; and
(4) The interest to be conveyed and retained in exercise of the
option. Such notice shall be signed by all parties to the option or
their duly authorized agents. The signed copy or notice of option
required by this paragraph shall contain or be accompanied by a signed
statement by the holder of the option that he/she is the sole party in
interest in the option; if not, he/she shall set forth the names and
provide a description of the interest therein of the other interested
parties, and provide a description of the agreement between them, if
oral, and a copy of such agreement, if written.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17352, May 16, 1988.
Redesignated at 53 FR 22836, June 17, 1988)
43 CFR 3100.3-2 Effect of option on acreage.
The acreage to which the option is applicable shall be charged both
to the grantor of the option and the option holder. The acreage covered
by an unexercised option remains charged during its term until notice of
its relinquishment or surrender has been filed in the proper BLM office.
(48 FR 33662, July 22, 1983. Redesignated at 53 FR 22836, June 17,
1988)
43 CFR 3100.3-3 Option statements.
Each option holder shall file in the proper BLM office within 90 days
after June 30 and December 31 of each year a statement showing as of the
prior June 30 and December 31, respectively:
(a) Any changes to the statements submitted under 3100.3-1(b) of
this title, and
(b) The number of acres covered by each option and the total acreage
of all options held in each State.
(53 FR 17352, May 16, 1988. Redesignated and amended at 53 FR 22836,
June 17, 1988)
43 CFR 3100.3-3 Subpart 3101 -- Issuance of Leases
43 CFR 3101.1-1 Lease form.
A lease shall be issued only on the standard form approved by the
Director.
(53 FR 17352, May 16, 1988)
43 CFR 3101.1-2 Surface use rights.
A lessee shall have the right to use so much of the leased lands as
is necessary to explore for, drill for, mine, extract, remove and
dispose of all the leased resource in a leasehold subject to:
Stipulations attached to the lease; restrictions deriving from
specific, nondiscretionary statutes; and such reasonable measures as
may be required by the authorized officer to minimize adverse impacts to
other resource values, land uses or users not addressed in the lease
stipulations at the time operations are proposed. To the extent
consistent with lease rights granted, such reasonable measures may
include, but are not limited to, modification to siting or design of
facilities, timing of operations, and specification of interim and final
reclamation measures. At a minimum, measures shall be deemed consistent
with lease rights granted provided that they do not: require relocation
of proposed operations by more than 200 meters; require that operations
be sited off the leasehold; or prohibit new surface disturbing
operations for a period in excess of 60 days in any lease year.
(53 FR 17352, May 16, 1988)
43 CFR 3101.1-3 Stipulations and information notices.
The authorized officer may require stipulations as conditions of
lease issuance. Stipulations shall become part of the lease and shall
supersede inconsistent provisions of the standard lease form. Any party
submitting a bid under subpart 3120 of this title, or an offer under
3110.1(b) of this title during the period when use of the parcel number
is required pursuant to 3110.5-1 of this title, shall be deemed to have
agreed to stipulations applicable to the specific parcel as indicated in
the List of Lands Available for Competitive Nominations or the Notice of
Competitive Lease Sale available from the proper BLM office. A party
filing a noncompetitive offer in accordance with 3110.1(a) of this
title shall be deemed to have agreed to stipulations applicable to the
specific parcel as indicated in the List of Lands Available for
Competitive Nominations or the Notice of Competitive Lease Sale, unless
the offer is withdrawn in accordance with 3110.6 of this title. An
information notice has no legal consequences, except to give notice of
existing requirements, and may be attached to a lease by the authorized
officer at the time of lease issuance to convey certain operational,
procedural or administrative requirements relative to lease management
within the terms and conditions of the standard lease form. Information
notices shall not be a basis for denial of lease operations.
(53 FR 17352, May 16, 1988, as amended at 53 FR 22836, June 17, 1988)
43 CFR 3101.1-4 Modification or waiver of lease terms and stipulations.
A stipulation included in an oil and gas lease shall be subject to
modification or waiver only if the authorized officer determines that
the factors leading to its inclusion in the lease have changed
sufficiently to make the protection provided by the stipulation no
longer justified or if proposed operations would not cause unacceptable
impacts. If the authorized officer has determined, prior to lease
issuance, that a stipulation involves an issue of major concern to the
public, modification or waiver of the stipulation shall be subject to
public review for at least a 30-day period. In such cases, the
stipulation shall indicate that public review is required before
modification or waiver. If subsequent to lease issuance the authorized
officer determines that a modification or waiver of a lease term or
stipulation is substantial, the modification or waiver shall be subject
to public review for at least a 30-day period.
(53 FR 22836, June 17, 1988; 53 FR 31958, Aug. 22, 1988)
3101.2 Acreage limitations.
43 CFR 3101.2-1 Public domain lands.
(a) No person or entity shall take, hold, own or control more than
246,080 acres of Federal oil and gas leases in any one State at any one
time. No more than 200,000 acres of such acres may be held under
option.
(b) In Alaska, the acreage that can be taken, held, owned or
controlled is limited to 300,000 acres in the northern leasing district
and 300,000 acres in the southern leasing district, of which no more
than 200,000 acres may be held under option in each of the 2 leasing
districts. The boundary between the 2 leasing districts in Alaska
begins at the northeast corner of the Tetlin National Wildlife Refuge as
established on December 2, 1980 (16 U.S.C. 3101), at a point on the
boundary between the United States and Canada, then northwesterly along
the northern boundary of the refuge to the left limit of the Tanana
River (63 9'38'' north latitude, 142 20'52'' west longitude), then
westerly along the left limit to the confluence of the Tanana and Yukon
Rivers, and then along the left limit of the Yukon River from said
confluence to its principal southern mouth.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17352, May 16, 1988)
43 CFR 3101.2-2 Acquired lands.
An acreage limitation separate from, but equal to the acreage
limitation for public domain lands described in 3101.2-1 of this title,
applies to acquired lands. Where the United States owns only a
fractional interest in the mineral resources of the lands involved in a
lease, only that part owned by the United States shall be charged as
acreage holdings. The acreage embraced in a future interest lease shall
not be charged as acreage holdings until the lease for the future
interest becomes effective.
43 CFR 3101.2-3 Excepted acreage.
Leases committed to any unit or cooperative plan approved or
prescribed by the Secretary and leases subject to an operating, drilling
or development contract approved by the Secretary, other than
communitization agreements, shall not be included in computing
accountable acreage. Acreage subject to offers to lease, overriding
royalties and payments out of production shall not be included in
computing accountable acreage.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17352, May 16, 1988)
43 CFR 3101.2-4 Excess acreage.
(a) Where, as the result of the termination or contraction of a unit
or cooperative plan, the elimination of a lease from an operating,
drilling or development contract a party holds or controls excess
accountable acreage, said party shall have 90 days from that date to
reduce the holdings to the prescribed limitation and to file proof of
the reduction in the proper BLM office. Where as a result of a merger
or the purchase of the controlling interest in a corporation, acreage in
excess of the amount permitted is acquired, the party holding the excess
acreage shall have 180 days from the date of the merger or purchase to
divest the excess acreage. If additional time is required to complete
the divestiture of the excess acreage, a petition requesting additional
time, along with a full justification for the additional time, may be
filed with the authorized officer prior to the termination of the
180-day period provided herein.
(b) If any person or entity is found to hold accountable acreage in
violation of the provisions of these regulations, lease(s) or interests
therein shall be subject to cancellation or forfeiture in their
entirety, until sufficient acreage has been eliminated to comply with
the acreage limitation. Excess acreage or interest shall be cancelled
in the inverse order of acquisition.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17353, May 16, 1988)
43 CFR 3101.2-5 Computation.
The accountable acreage of a party owning an undivided interest in a
lease shall be the party's proportionate part of the total lease
acreage. The accountable acreage of a party who is the beneficial owner
of more than 10 percent of the stock of a corporation which holds
Federal oil and gas leases shall be the party's proportionate part of
the corporation's accountable acreage. Parties to a contract for
development of leased lands and co-parties, except those operating,
drilling or development contracts subject to 3101.2-3 of this title,
shall be charged with their proportionate interests in the lease. No
holding of acreage in common by the same persons in excess of the
maximum acreage specified in the laws for any one party shall be
permitted.
(48 FR 33662, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984;
53 FR 17353, May 16, 1988)
43 CFR 3101.2-6 Showing required.
At any time the authorized officer may require any lessee or operator
to file with the Bureau of Land Management a statement showing as of
specified date the serial number and the date of each lease in which
he/she has any interest, in the particular State, setting forth the
acreage covered thereby.
3101.3 Leases within unit areas.
43 CFR 3101.3-1 Joinder evidence required.
Before issuance of a lease for lands within an approved unit, the
lease offeror shall file evidence with the proper BLM office of having
joined in the unit agreement and unit operating agreement or a statement
giving satisfactory reasons for the failure to enter into such
agreement. If such statement is acceptable to the authorized officer
the operator shall be permitted to operate independently but shall be
required to conform to the terms and provisions of the unit agreement
with respect to such operations.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17353, May 16, 1988)
43 CFR 3101.3-2 Separate leases to issue.
A lease offer for lands partly within and partly outside the boundary
of a unit shall result in separate leases, one for the lands within the
unit, and one for the lands outside the unit.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17353, May 16, 1988)
43 CFR 3101.4 Lands covered by application to close lands to mineral
leasing.
Offers filed on lands within a pending application to close lands to
mineral leasing shall be suspended until the segregative effect of the
application is final.
3101.5 National Wildlife Refuge System lands.
43 CFR 3101.5-1 Wildlife refuge lands.
(a) Wildlife refuge lands are those lands embraced in a withdrawal of
public domain and acquired lands of the United States for the protection
of all species of wildlife within a particular area. Sole and complete
jurisdiction over such lands for wildlife conservation purposes is
vested in the Fish and Wildlife Service even though such lands may be
subject to prior rights for other public purposes or, by the terms of
the withdrawal order, may be subject to mineral leasing.
(b) No offers for oil and gas leases covering wildlife refuge lands
shall be accepted and no leases covering such lands shall be issued
except as provided in 3100.2 of this title. There shall be no drilling
or prospecting under any lease heretofore or hereafter issued on lands
within a wildlife refuge except with the consent and approval of the
Secretary with the concurrence of the Fish and Wildlife Service as to
the time, place and nature of such operations in order to give complete
protection to wildlife populations and wildlife habitat on the areas
leased, and all such operations shall be conducted in accordance with
the stipulations of the Bureau on a form approved by the Director.
43 CFR 3101.5-2 Coordination lands.
(a) Coordination lands are those lands withdrawn or acquired by the
United States and made available to the States by cooperative agreements
entered into between the Fish and Wildlife Service and the game
commissions of the various States, in accordance with the Act of March
10, 1934 (48 Stat. 401), as amended by the Act of August 14, 1946 (60
Stat. 1080), or by long-term leases or agreements between the Department
of Agriculture and the game commissions of the various States pursuant
to the Bankhead-Jones Farm Tenant Act (50 Stat. 525), as amended, where
such lands were subsequently transferred to the Department of the
Interior, with the Fish and Wildlife Service as the custodial agency of
the United States.
(b) Representatives of the Bureau and the Fish and Wildlife Service
shall, in cooperation with the authorized members of the various State
game commissions, confer for the purpose of determining by agreement
those coordination lands which shall not be subject to oil and gas
leasing. Coordination lands not closed to oil and gas leasing shall be
subject to leasing on the imposition of such stipulations as are agreed
upon by the State Game Commission, the Fish and Wildlife Service and the
Bureau.
43 CFR 3101.5-3 Alaska wildlife areas.
No lands within a refuge in Alaska open to leasing shall be available
until the Fish and Wildlife Service has first completed compatability
determinations.
43 CFR 3101.5-4 Stipulations.
Leases shall be issued subject to stipulations prescribed by the Fish
and Wildlife Service as to the time, place, nature and condition of such
operations in order to minimize impacts to fish and wildlife populations
and habitat and other refuge resources on the areas leased. The
specific conduct of lease activities on any refuge lands shall be
subject to site-specific stipulations prescribed by the Fish and
Wildlife Service.
43 CFR 3101.6 Recreation and public purposes lands.
Under the Recreation and Public Purposes Act, as amended (43 U.S.C.
869 et seq.), all lands within Recreation and Public Purposes leases and
patents are subject to lease under the provisions of this part, subject
to such conditions as the Secretary deems appropriate.
3101.7 Federal lands administered by an agency outside of the
Department of the Interior.
43 CFR 3101.7-1 General requirements.
(a) Acquired lands shall be leased only with the consent of the
surface managing agency, which upon receipt of a description of the
lands from the authorized officer, shall report to the authorized
officer that it consents to leasing with stipulations, if any, or
withholds consent or objects to leasing.
(b) Public domain lands shall be leased only after the Bureau has
consulted with the surface managing agency and has provided it with a
description of the lands, and the surface managing agency has reported
its recommendation to lease with stipulations, if any, or not to lease
to the authorized officer. If consent or lack of objection of the
surface managing agency is required by statute to lease public domain
lands, the procedure in paragraph (a) of this section shall apply.
(c) National Forest System lands whether acquired or reserved from
the public domain shall not be leased over the objection of the Forest
Service. The provisions of paragraph (a) of this section shall apply to
such National Forest System lands.
(53 FR 22836, June 17, 1988)
43 CFR 3101.7-2 Action by the Bureau of Land Management.
(a) Where the surface managing agency has consented to leasing with
required stipulations, and the Secretary decides to issue a lease, the
authorized officer shall incorporate the stipulations into any lease
which it may issue. The authorized officer may add additional
stipulations.
(b) The authorized officer shall not issue a lease and shall reject
any lease offer on lands to which the surface managing agency objects or
withholds consent required by statute. In all other instances, the
Secretary has the final authority and discretion to decide to issue a
lease.
(c) The authorized officer shall review all recommendations and shall
accept all reasonable recommendations of the surface managing agency.
(48 FR 33662, July 22, 1983. Redesignated and amended at 53 FR 22836,
June 17, 1988)
43 CFR 3101.7-3 Appeals.
(a) The decision of the authorized officer to reject an offer to
lease or to issue a lease with stipulations recommended by the surface
managing agency may be appealed to the Interior Board of Land Appeals
under part 4 of this title.
(b) Where, as provided by statute, the surface managing agency has
required that certain stipulations be included in a lease or has
consented, or objected or refused to consent to leasing, any appeal by
an affected lease offeror shall be pursuant to the administrative
remedies provided by the particular surface managing agency.
(53 FR 22837, June 17, 1988)
43 CFR 3101.8 State's or charitable organization's ownership of surface
overlying Federally-owned minerals.
Where the United States has conveyed title to, or otherwise
transferred the control of the surface of lands to any State or
political subdivision, agency, or instrumentality thereof, or a college
or any other educational corporation or association, or a charitable or
religious corporation or association, with reservation of the oil and
gas rights to the United States, such party shall be given an
opportunity to suggest any lease stipulations deemed necessary for the
protection of existing surface improvements or uses, to set forth the
facts supporting the necessity of the stipulations and also to file any
objections it may have to the issuance of a lease. Where a party
controlling the surface opposes the issuance of a lease or wishes to
place such restrictive stipulations upon the lease that it could not be
operated upon or become part of a drilling unit and hence is without
mineral value, the facts submitted in support of the opposition or
request for restrictive stipulations shall be given consideration and
each case decided on its merits. The opposition to lease or necessity
for restrictive stipulations expressed by the party controlling the
surface affords no legal basis or authority to refuse to issue the lease
or to issue the lease with the requested restrictive stipulations for
the reserved minerals in the lands; in such case, the final
determination whether to issue and with what stipulations, or not to
issue the lease depends upon whether or not the interests of the United
States would best be served by the issuance of the lease.
(48 FR 33662, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984;
53 FR 22837, June 17, 1988)
43 CFR 3101.8 Subpart 3102 -- Qualifications of Lessees
43 CFR 3102.1 Who may hold leases.
Leases or interests therein may be acquired and held only by citizens
of the United States; associations (including partnerships and trusts)
of such citizens; corporations organized under the laws of the United
States or of any State or Territory thereof; and municipalities.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17353, May 16, 1988)
43 CFR 3102.2 Aliens.
Leases or interests therein may be acquired and held by aliens only
through stock ownership, holding or control in a present or potential
lessee that is incorporated under the laws of the United States or of
any State or territory thereof, and only if the laws, customs or
regulations of their country do not deny similar or like privileges to
citizens or corporations of the United States. If it is determined that
a country has denied similar or like privileges to citizens or
corporations of the United States, it would be placed on a list
available from any Bureau of Land Management State office.
(53 FR 17353, May 16, 1988)
43 CFR 3102.3 Minors.
Leases shall not be acquired or held by one considered a minor under
the laws of the State in which the lands are located, but leases may be
acquired and held by legal guardians or trustees of minors in their
behalf. Such legal guardians or trustees shall be citizens of the
United States or otherwise meet the provisions of 3102.1 of this title.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17353, May 16, 1988)
43 CFR 3102.4 Signature.
(a) The original of an offer or bid shall be signed in ink and dated
by the present or potential lessee or by anyone authorized to sign on
behalf of the present or potential lessee.
(b) Three copies of a transfer of record title or of operating rights
(sublease), as required by section 30a of the act, shall be originally
signed and dated by the transferor or anyone authorized to sign on
behalf of the transferor. However, a transferee, or anyone authorized
to sign on his or her behalf, shall be required to sign and date only 1
original request for approval of a transfer.
(c) Documents signed by any party other than the present or potential
lessee shall be rendered in a manner to reveal the name of the present
or potential lessee, the name of the signatory and their relationship.
A signatory who is a member of the organization that constitutes the
present or potential lessee (e.g., officer of a corporation, partner of
a partnership, etc.) may be requested by the authorized officer to
clarify his/her relationship, when the relationship is not shown on the
documents filed.
(d) Submission of a qualification number does not meet the
requirements of paragraph (c) of this section.
(53 FR 17353, May 16, 1988)
3102.5 Compliance, certification of compliance and evidence.
43 CFR 3102.5-1 Compliance.
In order to actually or potentially own, hold, or control an interest
in a lease or prospective lease, all parties, including corporations,
and all members of associations, including partnerships of all types,
shall, without exception, be qualified and in compliance with the act.
Compliance means that the lessee, potential lessee, and all such parties
(as defined in 3000.0-5(k)) are:
(a) Citizens of the United States (see 3102.1) or alien stockholders
in a corporation organized under State or Federal law (see 3102.2);
(b) In compliance with the Federal acreage limitations (see 3101.2);
(c) Not minors (see 3102.3);
(d) Except for an assignment or transfer under subpart 3106 of this
title, in compliance with section 2(a)(2)(A) of the Act, in which case
the signature on an offer or lease constitutes evidence of compliance.
A lease issued to any entity in violation of this paragraph (d) shall be
subject to the cancellation provisions of 3108.3 of this title. The
term entity is defined at 3400.0-5(rr) of this title.
(e) Not in violation of the provisions of section 41 of the Act; and
(f) In compliance with section 17(g) of the Act, in which case the
signature on an offer, lease, assignment, transfer, constitutes evidence
of compliance that the signatory and any subsidiary, affiliate, or
person, association, or corporation controlled by or under common
control with the signatory, as defined in 3400.0-5(rr) of this title,
has not failed or refused to comply with reclamation requirements with
respect to all leases and operations thereon in which such person or
entity has an interest. Noncompliance with section 17(g) of the Act
begins on the effective date of the imposition of a civil penalty by the
authorized officer under 3163.2 of this title, or when the bond is
attached by the authorized officer for reclamation purposes, whichever
comes first. A lease issued, or an assignment or transfer approved, to
any such person or entity in violation of this paragraph (f) shall be
subject to the cancellation provisions of 3108.3 of this title,
notwithstanding any administrative or judicial appeals that may be
pending with respect to violations or penalties assessed for failure to
comply with the prescribed reclamation standards on any lease holdings.
Noncompliance shall end upon a determination by the authorized officer
that all required reclamation has been completed and that the United
States has been fully reimbursed for any costs incurred due to the
required reclamation.
(g) In compliance with 3106.1(b) of this title and section 30A of
the Act. The authorized officer may accept the signature on a request
for approval of an assignment of less than 640 acres outside of Alaska
(2,560 acres within Alaska) as acceptable certification that the
assignment would further the development of oil and gas, or the
authorized officer may apply the provisions of 3102.5-3 of this title.
(53 FR 22837, June 17, 1988)
43 CFR 3102.5-2 Certification of compliance.
Any party(s) seeking to obtain an interest in a lease shall certify
it is in compliance with the act as set forth in 3102.5-1 of this
title. A party(s) that is a corporation or publicly traded association,
including a publicly traded partnership, shall certify that constituent
members of the corporation, association or partnership holding or
controlling more than 10 percent of the instruments of ownership of the
corporation, association or partnership are in compliance with the act.
Execution and submission of an offer, competitive bid form, or request
for approval of a transfer of record title or of operating rights
(sublease), constitutes certification of compliance.
(53 FR 17353, May 16, 1988; 53 FR 22837, June 17, 1988)
43 CFR 3102.5-3 Evidence of compliance.
The authorized officer may request at any time further evidence of
compliance and qualification from any party holding or seeking to hold
an interest in a lease. Failure to comply with the request of the
authorized officer shall result in adjudication of the action based on
the incomplete submission.
(53 FR 17353, May 16, 1988)
43 CFR 3102.5-3 Subpart 3103 -- Fees, Rentals and Royalty
3103.1 Payments.
43 CFR 3103.1-1 Form of remittance.
All remittances shall be by personal check, cashier's check,
certified check, or money order, and shall be made payable to the
Department of the Interior -- Bureau of Land Management or the
Department of the Interior -- Minerals Management Service, as
appropriate. Payments made to the Bureau may be made by other
arrangements such as by electronic funds transfer or credit card when
specifically authorized by the Bureau. In the case of payments made to
the Service, such payments may also be made by electronic funds
transfer.
(53 FR 22837, June 17, 1988)
43 CFR 3103.1-2 Where submitted.
(a)(1) All filing fees for lease applications or offers or for
requests for approval of a transfer and all first-year rentals and
bonuses for leases issued under Group 3100 of this title shall be paid
to the proper BLM office.
(2) All second-year and subsequent rentals, except for leases
specified in paragraph (b) of this section, shall be paid to the Service
at the following address: Minerals Management Service, Royalty
Management Program/BRASS, Box 5640 T.A., Denver, CO 80217.
(b) All rentals and royalties on producing leases, communitized
leases in producing well units, unitized leases in producing unit areas,
leases on which compensatory royalty is payable and all payments under
subsurface storage agreements and easements for directional drilling
shall be paid to the Service.
(48 FR 33662, July 22, 1983, as amended at 49 FR 11637, Mar. 27,
1984; 49 FR 39330, Oct. 5, 1984; 53 FR 17353, May 16, 1988)
3103.2 Rentals.
43 CFR 3103.2-1 Rental requirements.
(a) Each competitive bid or competitive nomination submitted in
response to a List of Lands Available for Competitive Nominations or
Notice of Competitive Lease Sale, and each noncompetitive lease offer
shall be accompanied by full payment of the first year's rental based on
the total acreage, if known, and, if not known, shall be based on 40
acres for each smallest legal subdivision. An offer deficient in the
first year's rental by not more than 10 percent or $200, whichever is
less, shall be accepted by the authorized officer provided all other
requirements are met. Rental submitted shall be determined based on the
total amount remitted less all required fees. The additional rental
shall be paid within 30 days from notice of the deficiency under penalty
of cancellation of the lease.
(b) If the acreage is incorrectly indicated in a List of Lands
Available for Competitive Nominations or a Notice of Competitive Lease
Sale, payment of the rental based on the error is curable within 15
calendar days of receipt of notice from the authorized officer of the
error.
(c) Rental shall not be prorated for any lands in which the United
States owns an undivided fractional interest but shall be payable for
the full acreage in such lands.
(48 FR 33662, July 22, 1983, as amended at 49 FR 26920, June 29,
1984, 53 FR 22837, June 17, 1988; 53 FR 31958, Aug. 22, 1988)
43 CFR 3103.2-2 Annual rental payments.
Rentals shall be paid on or before the lease anniversary date. A
full year's rental shall be submitted even when less than a full year
remains in the lease term, except as provided in 3103.4-2(d) of this
title. Failure to make timely payment shall cause a lease to terminate
automatically by operation of law. If the designated Service office is
not open on the anniversary date, payment received on the next day the
designated Service office is open to the public shall be deemed to be
timely made. Payments made to an improper BLM or Service office shall
be returned and shall not be forwarded to the designated Service office.
Rental shall be payable at the following rates:
(a) The annual rental for all leases issued subsequent to December
22, 1987, shall be $1.50 per acre or fraction thereof for the first 5
years of the lease term and $2 per acre or fraction for any subsequent
year, except as provided in paragraph (b) of this section;
(b) The annual rental for all leases issued on or before December 22,
1987, or issued pursuant to an application or offer to lease filed prior
to that date shall be as stated in the lease or in regulations in effect
on December 22, 1987, except:
(1) Leases issued under former subpart 3112 of this title on or after
February 19, 1982, shall be subject after February 1, 1989, to annual
rental in the sixth and subsequent lease years of $2 per acre or
fraction thereof;
(2) The rental rate of any lease determined after December 22, 1987,
to be in a known geological structure outside of Alaska or in a
favorable petroleum geological province within Alaska shall not be
increased because of such determination;
(3) Exchange and renewal leases shall be subject to rental of $2 per
acre or fraction thereof upon exchange or renewal;
(c) Rental shall not be due on acreage for which royalty or minimum
royalty is being paid, except on nonproducing leases when compensatory
royalty has been assessed in which case annual rental as established in
the lease shall be due in addition to compensatory royalty;
(d) On terminated leases that were originally issued noncompetitively
and are reinstated under 3108.2-3 of this title, and on noncompetitive
leases that were originally issued under 3108.2-4 of this title, the
annual rental shall be $5 per acre or fraction thereof beginning with
the termination date upon the filing, on or after the effective date of
this regulation, of a petition to reinstate a lease or convert an
abandoned, unpatented oil placer mining claim;
(e) On terminated leases that were originally issued competitively,
the annual rental shall be $10 per acre or fraction thereof beginning
with the termination date upon the filing, on or after the effective
date of this regulation, of a petition to reinstate a lease under
3108.2-3 of this title; and
(f) Each succeeding time a specific lease is reinstated under
3108.2-3 of this title, the annual rental on that lease shall increase
by an additional $5 per acre or fraction thereof for leases that were
originally issued noncompetitively and by an additional $10 per acre or
fraction thereof for leases that were originally issued competitively.
(53 FR 17353, May 16, 1988 and 53 FR 22837, June 17, 1988)
3103.3 Royalties.
43 CFR 3103.3-1 Royalty on production.
(a) Royalty on production shall be payable only on the mineral
interest owned by the United States. Royalty shall be paid in amount or
value of the production removed or sold as follows:
(1) 12 1/2 percent on all leases, including exchange and renewal
leases and leases issued in lieu of unpatented oil placer mining claims
under 3108.2-4 of this title, issued after December 22, 1987, except:
(i) Leases issued after December 22, 1987, resulting from offers to
lease or bids filed on or before December 22, 1987, which are subject to
the rates in effect on December 22, 1987; and
(ii) Leases issued on or before December 22, 1987, which are subject
to the rates contained in the lease or in regulations at the time of
issuance;
(2) 16 2/3 percent on noncompetitive leases reinstated under
3108.2-3 of this title plus an additional 2 percentage-point increase
added for each succeeding reinstatement;
(3) Not less than 4 percentage points above the rate used for royalty
determination contained in the lease that is reinstated or in force at
the time of issuance of the lease that is reinstated for competitive
leases, plus an additional 2 percentage-point increase added for each
succeeding reinstatement.
(b) Leases that qualify under specific provisions of the Act of
August 8, 1946 (30 U.S.C. 226c) may apply for a limitation of a 12 1/2
percent royalty rate.
(c) The average production per well per day for oil and gas shall be
determined pursuant to 43 CFR 3162.7-4.
(d) Payment of a royalty on the helium component of gas shall not
convey the right to extract the helium. Applications for the right to
extract helium shall be made under part 16 of this title.
(53 FR 22838, June 17, 1988)
43 CFR 3103.3-2 Minimum royalties.
(a) A minimum royalty shall be payable at the expiration of each
lease year beginning on or after a discovery of oil or gas in paying
quantities on the lands leased, except that on unitized leases the
minimum royalty shall be payable only on the participating acreage, at
the following rates:
(1) On leases issued on or after August 8, 1946, and on those issued
prior thereto if the lessee files an election under section 15 of the
Act of August 8, 1946, a minimum royalty of $1 per acre or fraction
thereof in lieu of rental, except as provided in paragraph (a)(2) of
this section; and
(2) On leases issued from offers filed after December 22, 1987, and
on competitive leases issued from successful bids placed at oral
auctions conducted after December 22, 1987, a minimum royalty in lieu of
rental of not less than the amount of rental which otherwise would be
required for that lease year.
(b) Minimum royalties shall not be prorated for any lands in which
the United States owns a fractional interest but shall be payable on the
full acreage of the lease.
(c) Minimum royalties and rentals on non-participating acreage shall
be payable to the Service.
(d) The minimum royalty provisions of this section shall be
applicable to leases reinstated under 3108.2-3 of this title and leases
issued under 3108.2-4 of this title.
(48 FR 33662, July 22, 1983, as amended at 49 FR 11637, Mar. 27,
1984; 49 FR 30448, July 30, 1984; 53 FR 22838, June 17, 1988)
3103.4 Promotion of development.
43 CFR 3103.4-1 Waiver, suspension or reduction of rental, royalty or
minimum royalty.
(a) In order to encourage the greatest ultimate recovery of oil or
gas and in the interest of conservation, the Secretary, upon a
determination that it is necessary to promote development or that the
leases cannot be successfully operated under the terms provided therein,
may waive, suspend or reduce the rental or minimum royalty or reduce the
royalty on an entire leasehold, or any portion thereof.
(b)(1) An application for the above benefits on other than stripper
oil well properties shall be filed in the proper BLM office. It shall
contain the serial numbers of the leases, the names of the record title
holders, operating rights owners (sublessees), and operators for each
lease, the description of lands by legal subdivision and a description
of the relief requested.
(2) Each application shall show the number, location and status of
each well drilled, a tabulated statement for each month covering a
period of not less than 6 months prior to the date of filing the
application of the aggregate amount of oil or gas subject to royalty,
the number of wells counted as producing each month and the average
production per well per day.
(3) Every application shall contain a detailed statement of expenses
and costs of operating the entire lease, the income from the sale of any
production and all facts tending to show whether the wells can be
successfully operated upon the fixed royalty or rental. Where the
application is for a reduction in royalty, full information shall be
furnished as to whether overriding royalties, payments out of
production, or similar interests are paid to others than the United
States, the amounts so paid and efforts made to reduce them. The
applicant shall also file agreements of the holders to a reduction of
all other royalties or similar payments from the leasehold to an
aggregate not in excess of one-half the royalties due the United States.
(c)(1) A stripper well property is any Federal lease or portion
thereof segregated for royalty purposes, a communitization agreement, or
a participating area of a unit agreement, operated by the same operator,
that produces an average of less than 15 barrels of oil per eligible
well per well-day for the qualifying period.
(2) An eligible well is an oil well that produces or an injection
well that injects and is integral to production for any period of time
during the qualifying or subsequent 12-month period.
(3) An oil completion is a completion from which the energy
equivalent of the oil produced exceeds the energy equivalent of the gas
produced (including the entrained liquid hydrocarbons) or any completion
producing oil and less than 60 MCF of gas per day.
(4) An injection well is a well that injects a fluid for secondary or
enhanced oil recovery, including reservoir pressure maintenance
operations.
(d) Stripper oil well property royalty rate reduction shall be
administered according to the following requirements and procedures.
(1) An application for the benefits under paragraph (a) of this
section for stripper oil well properties is not required.
(2) Total oil production (regardless of disposition) for the subject
period from the eligible wells on the property is totaled and then
divided by the total number of well days or portions of days, both
producing and injection days, as reported on Form MMS-3160 or MMS-4054
for the eligible wells to determine the property average daily
production rate. For those properties in communitization agreements and
participating areas of unit agreements that have allocated (not actual)
production, the production rate for all eligible well(s) in that
specific communitization agreement or participating area is determined
and shall be assigned to that allocated property in that communitization
agreement or participating area.
(3) Procedures to be used by operator:
(i) Qualifying determination.
(A) Calculate an average daily production rate for the property in
order to verify that the property qualifies as a stripper property.
(B) The initial qualifying period for producing properties is the
period August 1, 1990, through July 31, 1991. For the properties that
were shut-in for 12 consecutive months or longer, the qualifying period
is the 12-month production period immediately prior to the shut-in. If
the property does not qualify during the initial qualifying period, it
may later qualify due to production decline. In those cases, the
12-month qualifying period will be the first consecutive 12-month period
beginning after August 31, 1990, during which the property qualifies.
(ii) Qualifying royalty rate calculation. If the property qualifies,
use the production rate rounded down to the next whole number (e.g., 6.7
becomes 6) for the qualifying period, and apply the following formula to
determine the maximum royalty rate for oil production from the Federal
leases for the life of the program.
Royalty Rate (%) = 0.5 + (0.8 the average daily production rate)
The formula-calculated royalty rate shall apply to all oil production
(except condensate) from the property for the first 12 months. The rate
shall be effective the first day of the production month after the
Minerals Management Service (MMS) receives notification. If the
production rate is 15 barrels or greater, the royalty rate will be the
rate in the lease terms.
(iii) Outyears royalty rate calculations.
(A) At the end of each 12-month period, the property average daily
production rate shall be determined for that period. A royalty rate
shall then be calculated using the formula in paragraph (d)(3)(ii) of
this section.
(B) The new calculated royalty rate shall be compared to the
qualifying period royalty rate. The lower of the two rates shall be
used for the current period provided that the operator notifies the MMS
of the new royalty rate. The new royalty rate shall not become
effective until the first day of the month after the MMS receives
notification. Notification shall be received on Form MMS-4377 and
mailed to Minerals Management Service, P.O. Box 17110, Denver, CO 80217.
If the operator does not notify the MMS of the new royalty rate within
60 days after the end of the subject 12-month period, the royalty rate
for the property shall revert back to the royalty rate established as
the qualifying period royalty rate, effective at the beginning of the
current 12-month period.
(C) The royalty rate shall never exceed the calculated qualifying
royalty rate for the life of this program.
(iv) Prohibition. For the qualifying period and any subsequent
12-month period, the production rate shall be the result of routine
operational and economic factors for that period and for that property
and not the result of production manipulation for the purpose of
obtaining a lower royalty rate. A production rate that is determined to
have resulted from production manipulation will not receive the benefit
of a royalty rate reduction.
(v) Certification. The applicable royalty rate shall be used by the
operator/payor when submitting the required royalty reports/payments to
MSS. By submitting royalty reports/payments using the royalty rate
reduction benefits of this program, the operator certifies that the
production rate for the qualifying and subsequent 12-month period was
not subject to manipulation for the purpose of obtaining the benefit of
a royalty rate reduction, and the royalty rate was calculated in
accordance with the instructions and procedures in these regulations.
(vi) Agency action. If a royalty rate is improperly calculated, the
MMS will calculate the correct rate and inform the operator/payors. Any
additional royalties due are payable immediately upon notification.
Late payment or underpayment charges will be assessed in accordance with
30 CFR 218.102. The BLM may terminate a royalty rate reduction if it is
determined that the production rate was manipulated by the operator for
the purpose of receiving a royalty rate reduction. Terminations of
royalty rate reductions will be effective on the effective date of the
royalty rate reduction resulting from the manipulated production rate
(i.e., the termination will be retroactive to the effective date of the
improper reduction). The operator/payor shall pay the difference in
royalty resulting from the retroactive application of the unmanipulated
rate. Late payment or underpayment charges will be assessed in
accordance with 30 CFR 218.102.
(4) The royalty rate reduction provision for stripper well properties
shall be effective as of October 1, 1992. If the oil price, adjusted
for inflation by BLM and MMS, using the implicit price deflator for
gross national product with 1991 as the base year, remains on average
above $28 per barrel, based on West Texas Intermediate crude average
posted price for a period of 6 consecutive months, the benefits of the
royalty rate reduction under this section may be terminated upon 6
months' notice, published in the Federal Register.
(5) The Secretary will evaluate the effectiveness of the stripper
well royalty reduction program and may at any time after September 10,
1997, terminate any or all royalty reductions granted under this section
upon 6 months notice.
(6) The stripper well property royalty rate reduction benefits shall
apply to all oil produced from the property.
(7) The royalty for gas production (including liquids produced in
association with gas) for oil completions shall be calculated separately
using the lease royalty rate.
(8) If the lease royalty rate is lower than the benefits provided in
this stripper oil property royalty rate reduction program, the lease
rate prevails.
(9) The minimum royalty provisions of 3103.3-2 apply.
(10) Examples.
Insert illustration(s) 1065
1. Property production rate per well for qualifying period (August 1,
1990-July 31, 1991) is 10 barrels of oil per day (BOPD).
2. Using the formula, the royalty rate for the first year is
calculated to be 8.5 percent. This rate is also the maximum royalty rate
for the life of the program.
8.5%=0.5+(0.8 10)
3. Production rate for the first year is 8 BOPD.
4. Using the formula, the royalty rate is calculated at 6.9 percent.
Since 6.9 percent is less than the first year rate of 8.5 percent, 6.9
percent is the applicable royalty rate for the second year.
6.9%=0.5+(0.8 8)
5. Production rate for the second year is 12 BOPD.
6. Using the formula, the royalty rate is calculated at 10.1 percent.
Since the 8.5 percent first year royalty rate is less than 10.1 percent,
the applicable royalty rate for third year is 8.5 percent.
10.1%=0.5+(0.8 12)
7. Production rate for the third year is 23 BOPD.
8. Since the production rate of 23 BOPD is greater than the 15 BOPD
threshold for the program, the calculated royalty rate would be the
property royalty rate. However, since the 8.5 percent first year
royalty rate is less than the property rate, the royalty rate for the
fourth year is 8.5 percent.
9. Production rate for the fourth year is 15 BOPD.
10. Since the production is at the 15 BOPD threshold, the royalty
rate would be the property royalty rate. However, since the 8.5 percent
first year royalty rate is less than the lease rate, the royalty rate
for the fifth year is 8.5 percent.
Insert illustration(s) 1068
1. Property production rate of 23 BOPD per well (for the August 1,
1990-July 31, 1991, qualifying period prior to the effective date of the
program) is greater than the 15 BOPD which qualifies a property for a
royalty rate reduction. Therefore, the property is not entitled to a
royalty rate reduction for the first year of the program.
2. Property royalty rate for the first year is the rate as stated in
the lease.
3. Production rate for the first year is 8 BOPD.
4. Using the formula, the royalty rate is calculated to be 6.9
percent for the second year. This rate is also the maximum royalty rate
for the life of the program.
6.9%=0.5+(0.8 8)
5. Production rate for the second year is 12 BOPD.
6. Using the formula, the royalty rate is calculated at 10.1 percent.
Since the 6.9 percent second year royalty rate is less than 10.1
percent, the applicable royalty rate for third year is 6.9 percent.
10.1%=0.5+(0.8 12)
7. Production rate third year is 7 BOPD.
8. Using the formula, the royalty rate is calculated at 6.1 percent.
Since the 6.1 percent third year royalty rate is less than the
qualifying (maximum) rate of 6.9 percent, the royalty rate for the
fourth year is 6.1 percent.
6.1%=0.5+(0.8 7)
9. Production rate for the fourth year is 15 BOPD.
10. Since the production is at the 15 BOPD threshold, the royalty
rate would be the lease royalty rate. However, since the 6.9 percent
second year royalty rate is less than the lease rate, the royalty rate
for the fifth year is 6.9 percent.
Insert illustration(s) 1071
(e) Petition may be made for reduction of royalty under 3108.2-3(f)
for leases reinstated under 3108.2-3 of this title and under
3108.2-4(i) for noncompetitive leases issued under 3108.2-4 of this
title. Petitions to waive, suspend or reduce rental or minimum royalty
for leases reinstated under 3108.2-3 of this title or for leases issued
under 3108.2-4 of this title may be made under this section.
(48 FR 33662, July 22, 1983; 48 FR 39225, Aug. 30, 1983, as amended
at 49 FR 30448, July 30, 1984; 53 FR 17354, May 16, 1988; 57 FR 35973,
Aug. 11, 1992)
43 CFR 3103.4-2 Suspension of operations and/or production.
(a) A suspension of all operations and production may be directed or
consented to by the authorized officer only in the interest of
conservation of natural resources. A suspension of operations only or a
suspension of production only may be directed or consented to by the
authorized officer in cases where the lessee is prevented from operating
on the lease or producing from the lease, despite the exercise of due
care and diligence, by reason of force majeure, that is, by matters
beyond the reasonable control of the lessee. Applications for any
suspension shall be filed in the proper BLM office. Complete
information showing the necessity of such relief shall be furnished.
(b) The term of any lease shall be extended by adding thereto the
period of the suspension, and no lease shall be deemed to expire during
any suspension.
(c) A suspension shall take effect as of the time specified in the
direction or assent of the authorized officer, in accordance with the
provisions of 3165.1 of this title.
(d) Rental and minimum royalty payments shall be suspended during any
period of suspension of all operations and production directed or
assented to by the authorized officer beginning with the first day of
the lease month in which the suspension of all operations and production
becomes effective, or if the suspension of all operations and production
becomes effective on any date other than the first day of a lease month,
beginning with the first day of the lease month following such effective
date. Rental and minimum royalty payments shall resume on the first day
of the lease month in which the suspension of all operations and
production is terminated. Where rentals are creditable against
royalties and have been paid in advance, proper credit shall be allowed
on the next rental or royalty due under the terms of the lease. Rental
and minimum royalty payments shall not be suspended during any period of
suspension of operations only or suspension of production only.
(e) Where all operations and production are suspended on a lease on
which there is a well capable of producing in paying quantities and the
authorized officer approves resumption of operations and production,
such resumption shall be regarded as terminating the suspension,
including the suspension of rental and minimum royalty payments, as
provided in paragraph (d) of this section.
(f) The relief authorized under this section also may be obtained for
any Federal lease included within an approved unit or cooperative plan
of development and operation. Unit or cooperative plan obligations
shall not be suspended by relief obtained under this section but shall
be suspended only in accordance with the terms and conditions of the
specific unit or cooperative plan.
(53 FR 17354, May 16, 1988)
43 CFR 3103.4-2 Subpart 3104 -- Bonds
43 CFR 3104.1 Bond obligations.
(a) Prior to the commencement of surface disturbing activities
related to drilling operations, the lessee, operating rights owner
(sublessee), or operator shall submit a surety or a personal bond,
conditioned upon compliance with all of the terms and conditions of the
entire leasehold(s) covered by the bond, as described in this subpart.
The bond amounts shall be not less than the minimum amounts described in
this subpart in order to ensure compliance with the act, including
complete and timely plugging of the well(s), reclamation of the lease
area(s), and the restoration of any lands or surface waters adversely
affected by lease operations after the abandonment or cessation of oil
and gas operations on the lease(s) in accordance with, but not limited
to, the standards and requirements set forth in 3162.3 and 3162.5 of
this title and orders issued by the authorized officer.
(b) Surety bonds shall be issued by qualified surety companies
approved by the Department of the Treasury (see Department of the
Treasury Circular No. 570).
(c) Personal bonds shall be accompanied by:
(1) Certificate of deposit issued by a financial institution, the
deposits of which are Federally insured, explicitly granting the
Secretary full authority to demand immediate payment in case of default
in the performance of the terms and conditions of the lease. The
certificate shall explicitly indicate on its face that Secretarial
approval is required prior to redemption of the certificate of deposit
by any party;
(2) Cashier's check;
(3) Certified check;
(4) Negotiable Treasury securities of the United States of a value
equal to the amount specified in the bond. Negotiable Treasury
securities shall be accompanied by a proper conveyance to the Secretary
of full authority to sell such securities in case of default in the
performance of the terms and conditions of a lease; or
(5) Irrevocable letter of credit issued by a financial institution,
the deposits of which are Federally insured, for a specific term,
identifying the Secretary as sole payee with full authority to demand
immediate payment in the case of default in the performance of the terms
and conditions of a lease.
Letters of credit shall be subject to the following conditions:
(i) The letter of credit shall be issued only by a financial
institution organized or authorized to do business in the United States;
(ii) The letter of credit shall be irrevocable during its term. A
letter of credit used as security for any lease upon which drilling has
taken place and final approval of all abandonment has not been given, or
as security for a statewide or nationwide lease bond, shall be forfeited
and shall be collected by the authorized officer if not replaced by
other suitable bond or letter of credit at least 30 days before its
expiration date;
(iii) The letter of credit shall be payable to the Bureau of Land
Management upon demand, in part or in full, upon receipt from the
authorized officer of a notice of attachment stating the basis therefor,
e.g., default in compliance with the lease terms and conditions or
failure to file a replacement in accordance with paragraph (c)(5)(ii) of
this section;
(iv) The initial expiration date of the letter of credit shall be at
least 1 year following the date it is filed in the proper BLM office;
and
(v) The letter of credit shall contain a provision for automatic
renewal for periods of not less than 1 year in the absence of notice to
the proper BLM office at least 90 days prior to the originally stated or
any extended expiration date.
(53 FR 22838, June 17, 1988)
43 CFR 3104.2 Lease bond.
A lease bond may be posted by a lessee, owner of operating rights
(sublessee), or operator in an amount of not less than $10,000 for each
lease conditioned upon compliance with all of the terms of the lease.
Where 2 or more principals have interests in different formations or
portions of the lease, separate bonds may be posted. The operator on
the ground shall be covered by a bond in his/her own name as principal,
or a bond in the name of the lessee or sublessee, provided that a
consent of the surety, or the obligor in the case of a personal bond, to
include the operator under the coverage of the bond is furnished to the
Bureau office maintaining the bond.
(53 FR 22839, June 17, 1988)
43 CFR 3104.3 Statewide and nationwide bonds.
(a) In lieu of lease bonds, lessees, owners of operating rights
(sublessees), or operators may furnish a bond in an amount of not less
than $25,000 covering all leases and operations in any one State.
(b) In lieu of lease bonds or statewide bonds, lessees, owners of
operating rights (sublessees), or operators may furnish a bond in an
amount of not less than $150,000 covering all leases and operations
nationwide.
(53 FR 22839, June 17, 1988; 53 FR 31958, Aug. 22, 1988)
43 CFR 3104.4 Unit operator's bond.
In lieu of individual lease, statewide, or nationwide bonds for
operations conducted on leases committed to an approved unit agreement,
the unit operator may furnish a unit operator bond in the manner set
forth in 3104.1 of this title. The amount of such a bond shall be
determined by the authorized officer. The format for such a surety bond
is set forth in 3186.2 of this title. Where a unit operator is covered
by a nationwide or statewide bond, coverage for such a unit may be
provided by a rider to such bond specifically covering the unit and
increasing the bond in such amount as may be determined appropriate by
the authorized officer.
(53 FR 22839, June 17, 1988)
43 CFR 3104.5 Increased amount of bonds.
(a) When an operator desiring approval of an Application for Permit
to Drill has caused the Bureau to make a demand for payment under a bond
or other financial guarantee within the 5-year period prior to
submission of the Application for Permit to Drill, due to failure to
plug a well or reclaim lands completely in a timely manner, the
authorized officer shall require, prior to approval of the Application
for Permit to Drill, a bond in an amount equal to the costs as estimated
by the authorized officer of plugging the well and reclaiming the
disturbed area involved in the proposed operation, or in the minimum
amount as prescribed in this subpart, whichever is greater.
(b) The authorized officer may require an increase in the amount of
any bond whenever it is determined that the operator poses a risk due to
factors, including, but not limited to, a history of previous
violations, a notice from the Service that there are uncollected
royalties due, or the total cost of plugging existing wells and
reclaiming lands exceeds the present bond amount based on the estimates
determined by the authorized officer. The increase in bond amount may
be to any level specified by the authorized officer, but in no
circumstances shall it exceed the total of the estimated costs of
plugging and reclamation, the amount of uncollected royalties due to the
Service, plus the amount of monies owed to the lessor due to previous
violations remaining outstanding.
(53 FR 22839, June 17, 1988)
43 CFR 3104.6 Where filed and number of copies.
All bonds shall be filed in the proper BLM office on a current form
approved by the Director. A single copy executed by the principal or,
in the case of surety bonds, by both the principal and an acceptable
surety is sufficient. A bond filed on a form not currently in use shall
be acceptable, unless such form has been declared obsolete by the
Director prior to the filing of such bond. For purposes of 3104.2 and
3104.3(a) of this title, bonds or bond riders shall be filed in the
Bureau State office having jurisdiction of the lease or operations
covered by the bond or rider. Nationwide bonds may be filed in any
Bureau State office (See 1821.2-1).
(53 FR 17354, May 16, 1988)
43 CFR 3104.7 Default.
(a) Where, upon a default, the surety makes a payment to the United
States of an obligation incurred under a lease, the face amount of the
surety bond or personal bonds and the surety's liability thereunder
shall be reduced by the amount of such payment.
(b) After default, where the obligation in default equals or is less
than the face amount of the bond(s), the principal shall either post a
new bond or restore the existing bond(s) to the amount previously held
or a larger amount as determined by the authorized officer. In lieu
thereof, the principal may file separate or substitute bonds for each
lease covered by the deficient bond(s). Where the obligation incurred
exceeds the face amount of the bond(s), the principal shall make full
payment to the United States for all obligations incurred that are in
excess of the face amount of the bond(s) and shall post a new bond in
the amount previously held or such larger amount as determined by the
authorized officer. The restoration of a bond or posting of a new bond
shall be made within 6 months or less after receipt of notice from the
authorized officer. Failure to comply with these requirements may
subject all leases covered by such bond(s) to cancellation under the
provisions of 3108.3 of this title.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17354, May 16, 1988)
43 CFR 3104.8 Termination of period of liability.
The authorized officer shall not give consent to termination of the
period of liability of any bond unless an acceptable replacement bond
has been filed or until all the terms and conditions of the lease have
been met.
(48 FR 33662, July 22, 1983, as amended at 53 FR 17355, May 16, 1988;
53 FR 31867, Aug. 22, 1988)
43 CFR 3104.8 Subpart 3105 -- Cooperative Conservation Provisions
43 CFR 3105.1 Cooperative or unit agreement.
The suggested contents of such an agreement and the procedures for
obtaining approval are contained in 43 CFR part 3180.
3105.2 Communitization or drilling agreements.
43 CFR 3105.2-1 Where filed.
(a) Requests to communitize separate tracts shall be filed, in
triplicate, with the proper BLM office.
(b) Where a duly executed agreement is submitted for final
Departmental approval, a minimum of 3 signed counterparts shall be
submitted. If State lands are involved, 1 additional counterpart shall
be submitted.
43 CFR 3105.2-2 Purpose.
When a lease or a portion thereof cannot be independently developed
and operated in conformity with an established well-spacing or
well-development program, the authorized officer may approve
communitization or drilling agreements for such lands with other lands,
whether or not owned by the United States, upon a determination that it
is in the public interest. Operations or production under such an
agreement shall be deemed to be operations or production as to each
lease committed thereto.
43 CFR 3105.2-3 Requirements.
(a) The communitization or drilling agreement shall describe the
separate tracts comprising the drilling or spacing unit, shall show the
apportionment of the production or royalties to the several parties and
the name of the operator, and shall contain adequate provisions for the
protection of the interests of the United States. The agreement shall
be signed by or on behalf of all necessary parties and shall be filed
prior to the expiration of the Federal lease(s) involved in order to
confer the benefits of the agreement upon such lease(s).
(b) The agreement shall be effective as to the Federal lease(s)
involved only if approved by the authorized officer. Approved
communitization agreements are considered effective from the date of the
agreement or from the date of the onset of production from the
communitized formation, whichever is earlier, except when the spacing
unit is subject to a State pooling order after the date of first sale,
then the effective date of the agreement may be the effective date of
the order.
(c) The public interest requirement for an approved communitization
agreement shall be satisfied only if the well dedicated thereto has been
completed for production in the communitized formation at the time the
agreement is approved or, if not, that the operator thereafter commences
and/or diligently continues drilling operations to a depth sufficient to
test the communitized formation or establish to the satisfaction of the
authorized officer that further drilling of the well would be
unwarranted or impracticable. If an application is received for
voluntary termination of a communitization agreement during its fixed
term or such an agreement automatically expires at the end of its fixed
term without the public interest requirement having been satisfied, the
approval of that agreement by the authorized officer shall be invalid
and no Federal lease shall be eligible for extension under 3107.4 of
this title.
(53 FR 17355, May 16, 1988)
3105.3 Operating, drilling or development contracts.
43 CFR 3105.3-1 Where filed.
A contract submitted for approval under this section shall be filed
with the proper BLM office, together with enough copies to permit
retention of 5 copies by the Department after approval.
43 CFR 3105.3-2 Purpose.
Approval of operating, drilling or development contracts ordinarily
shall be granted only to permit operators or pipeline companies to enter
into contracts with a number of lessees sufficient to justify operations
on a scale large enough to justify the discovery, development,
production or transportation of oil or gas and to finance the same.
43 CFR 3105.3-3 Requirements.
The contract shall be accompanied by a statement showing all the
interests held by the contractor in the area or field and the proposed
or agreed plan for development and operation of the field. All the
contracts held by the same contractor in the area or field shall be
submitted for approval at the same time and full disclosure of the
projects made.
3105.4 Combination for joint operations or for transportation of
oil.
43 CFR 3105.4-1 Where filed.
An application under this section together with sufficient copies to
permit retention of 5 copies by the Department after approval shall be
filed with the proper BLM office.
(48 FR 33662, July 22, 1983, as amended at 49 FR 2113, Jan. 18, 1984)
43 CFR 3105.4-2 Purpose.
Upon obtaining approval of the authorized officer, lessees may
combine their interests in leases for the purpose of constructing and
carrying on the business of a refinery or of establishing and
constructing as a common carrier a pipeline or lines or railroads to be
operated and used by them jointly in the transportation of oil or gas
from their wells or from the wells of other lessees.
43 CFR 3105.4-3 Requirements.
The application shall show a reasonable need for the combination and
that it will not result in any concentration of control over the
production or sale of oil and gas which would be inconsistent with the
anti-monopoly provisions of law.
43 CFR 3105.4-4 Rights-of-way.
Rights-of-way for pipelines may be granted as provided in part 2880
of this title.
3105.5 Subsurface storage of oil and gas.
43 CFR 3105.5-1 Where filed.
(a) Applications for subsurface storage shall be filed in the proper
BLM office.
(b) Enough copies of the final agreement signed by all the parties in
interest shall be submitted to permit the retention of 5 copies by the
Department after approval.
43 CFR 3105.5-2 Purpose.
In order to avoid waste and to promote conservation of natural
resources, the Secretary, upon application by the interested parties,
may authorize the subsurface storage of oil and gas, whether or not
produced from lands owned by the United States. Such authorization
shall provide for the payment of such storage fee or rental on the
stored oil or gas as may be determined adequate in each case, or, in
lieu thereof, for a royalty other than that prescribed in the lease when
such stored oil or gas is produced in conjunction with oil or gas not
previously produced.