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<br />001038
<br />
<br />2392
<br />
<br />(iv) Expiration of 2 years from the
<br />date of publication of the proposed
<br />classification without disposal of the land
<br />and without the noWce of proposed con-
<br />tinuance as prescribed by the Classlfica-
<br />tion and Multiple Use Act of September
<br />19.1004 (78 Stat. 986, 43 U,s'C, 1411-18).
<br />or
<br />(v) Expiration of an additional period,
<br />not exceeding 2 years, if the required
<br />notice of proposed continuance is given.
<br />
<br />62411.1-3 Righ.to occupy or seule.
<br />
<br />The filing of a petition-application
<br />gives no right to occupy or settle upon"
<br />the land. A person shall be entitled to
<br />the possession and use of land only after
<br />hIs entry, selection. or location has been
<br />allowed, or a lease has been issued. Set-
<br />tlement on the land prior to that time
<br />constitutes a trespass.
<br />
<br />62411.1-4 Preference right of pel i-
<br />tioner-applicanl.
<br />
<br />Where public land 15 classified for
<br />entry under section '1 of the Taylor Graz-
<br />ing Act or under the Small Tract Act
<br />pursuant to a petitioner-application filf;;d
<br />under this part, the petitioner-applicant
<br />is entitled to a preference right of entry,
<br />11 qualified. If, however, It should be
<br />necessary thereafter for any reason to
<br />reject the application of the preference
<br />right claimant, the next petit1oner-
<br />applicant in order of filing shall succeed
<br />to the preference right. If there is no
<br />other petitioner-applicant the land may
<br />be opened to application by all quali.tled
<br />individuals on an equal-opportunity
<br />basis after public notice or the classi-
<br />neatlon may be revoked by the author-
<br />ized omcer.
<br />
<br />PROPOSED RULE MAKING
<br />
<br />~ 2411.1-5 Opening of lands to disposal.
<br />
<br />After lands have been classified for
<br />disposal, the authorized officer shall, at
<br />the appropriate time, open Ule lands to
<br />those forms of disposal consistent with
<br />the classification.
<br />
<br />~ 2411.1-6 AllowlInl:'e and enlry.
<br />
<br />(a) After lands are classified pursuant
<br />to the regulations of this part, and
<br />opened for entry or other disposal, all the
<br />laws and regulations governing the par-
<br />ticular kind; of entry, location, selection,
<br />or other disposal must be complied with
<br />in order for title to vest or other inter-
<br />ests to pass.
<br />(b) After lands are classified for dis-
<br />posal under the regulations of this sub-
<br />part, the lands shall be offered for sale
<br />or to other disposal consistent with the
<br />classification. If a petitioner-applicant
<br />does not have a preference right under
<br />~ 24] 1.4, the lands shall be opened on
<br />an equal-opportunity basis.
<br />
<br />~ 2411.2 Pr~edure for relenlion and
<br />managemenl c1asliii.ficolions.
<br />
<br />Formal actlon to claSSify land for re-
<br />tention tor multiple use management wlll
<br />be governed by the follOWing procedures.
<br />(a) Proposed classifications will be
<br />clearly set forth on a. map by the au-
<br />thorized officer, and on the Land Office
<br />records. A DubUc notice w1ll be pub-
<br />lished in the FEDERAL REGISTER, in a local
<br />newspaper, and sent to authorized users,
<br />licensees, lessees, and permittees, and to
<br />any other parties Indicating interest in
<br />such classificatio.g.s. The notice will in-
<br />dicate where and when the map and
<br />Land Office records may be examined.
<br />
<br />1
<br />
<br />",
<br />
<br />"
<br />
<br />The notice will specify the general loca-
<br />tion of the lands, the acreage involved,
<br />the types of uses proposed to be author-
<br />ized, and the extent to which the land
<br />is prolXlsed to be segregated from settle-
<br />ment, location, sale, selection, entry,
<br />lease, or other form of disposal under
<br />the public land laws, including the min-
<br />ing and mineral leasing laws. PubUca-
<br />tion of this notice In the FEDERAL REGIS-
<br />TER will segregate the lands to the extent
<br />indicated in the notice. The notice of
<br />proposed classification will specify the
<br />period during which comments will be
<br />received, which will not be less than 60
<br />days from date of publication of the
<br />notice.
<br />(b) Not less than 60 days after publi-
<br />cation of the proposed classification, a
<br />classification will be made by the au-
<br />thorized officer, publiShed In the FEDERAL
<br />REGISTER, and recorded In the Land Office
<br />records and on a map which will be filed
<br />in the local BLM District Office. Such
<br />map will be available for public inspec-
<br />tion.
<br />(c) For a period of 60 days after pub-
<br />lication of the classification in the FED-
<br />ERAL REGISTER, the classification shall be
<br />subject to the exercise of administrative
<br />revIew and modification by the Secretary
<br />of the Interior.
<br />(d) Classification may. be changed,
<br />using the same procedure outllned under
<br />paragraphs (a) through (c) of this
<br />section.
<br />JOHN A. CARVER, Jr..
<br />Under Secretary of the Interior.
<br />
<br />FEBRUARY ]6, 1965.
<br />
<br />(P.R. Doc. 65-1797: Fl.led, Feb. 19, 1965:
<br />8:45 a.m.]
<br />
<br />GPO B49.Q34
<br />
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