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OOl03n DEPARTMENT OF THE INTERIOR 2384 Bureau of Land Management [ 43 CFR Part 1720, Subpart 2243, Part 2410] PROGRAMS AND OBJECTIVES; PUB- LIC SALES; LAND CLASSIFICATION Notice of Proposed Rule Making Basis and purpose. Notice is hereby given that it Is proposed to add new Part 1720. Programs and Objectives, to Sub- chapter A, Chapter II. Title 43. Code of Federal Regulations, as set forth below. This addition establishes basic policy of the Department of the Interior for the disposition and management for multiple use of public lands administered by the Blireau of Land Management. While this addition does not require pubUc re- view pursuant to statute, itis made avail- able for review along with the complete revision of Part 2410 which Includes the proposed regulations providing for the classification criteria. necessary to the implementation of the Classification and Multiple Use Act approved SePtember 19, 1964 (78 Stat, 966; 43 U,S,C, 1411-18), Notice is also given that it is proposed to amend Subpart 2243, Part 2240, Sub- chapter B, Chapter II. Title 43, Code of Federal Regulations, as set forth below. This amendment provides regulations necessary to the implemen tation of the public land sale Act approved September 19,1964 (76 Stat, 966; 43 U,S,C, 1421-27) which authorizes the sale of public lands that are required for the orderly growth and development of a community or which are chiefly valuable for residential commercial. agricultural (exclusive or land chiefly valuable for grazing and raising forage crops). industrial, or pub- lic uses or development. While this amendment does not require public re- view pursuant to statute, it, also. 15 made avaUable for review along with the com- plete revision or Part 2410 which Includes the proposed regulations providing for the cla..ssltlcation criteria necessary to the implementation of the ClassLfication and Multiple Use Act previously cited. Notice 1s also given, pursuant to the several Acts currently cited In Part 2410; section 3 of the Act of August 28. 1937 (50 Stat, 675; 43 U,S,C, 1161c) ; the Act of July 31. 1939 (53 Stat. 1244); and sec- tion 1 of the Classifl.cation and Multiple Use Act approved September 19, 1964 (78 Stat, 966; 43 U,S,C, 1411-16), subject to the fulfillment of the requirements set forth therein; It is proposed to revise Part 2410, Land Classifl.catlon, Subchap- ter B, Chapter IT, Title 43, Code of Fed- eral Regulations, In its entirety. The purpose of this revIsion Is to prescribe regulations contaIning criteria by which the Secretary will determine which of the public lands. including those situated in the state of Alaska, exclusively adminis- tered by him through the Bureau of Land Management, shall be: (a) Dis- posed of because they are (1) requIred for the orderlY growth and development of a. community. or (2) are chieflY valu- able for resIdential, commercial, agricul- tural (exclusIve of lands chiefly valuable for gra.zIng and raising forage crops) ,in- PROPOSED RULE MAKING dustr1al, or public uses or development. or (b) retained. pending lmplementatloIi of recommendations of the Public Land Law Review Commission. In Federal ownership and managed for (1) do- mestic livestock grazing, (2) fish and wildlife development, (3) industrial de- velopment. (4) mineral production I (5) occupancy. (6) outdoor recreation, (7) timber production, (8) watershed protec- tion, (9) wilderness protection, or (0) preservation of public values that would be lost If the land passed from Federal ownership. NotIce is also given that, pursuant to section 1 of the Classification and Mul- tfple Use Act approved September 19. 1964 (76 Stat, 986; U's,C, 1411-18), the Secretary of the Interior or his designee will hold a public hearing on the 25th day of march 1965, beginning at 9 o'clock in the forenoon of the said day, In the audirorium of the Department of the In- terior. 18th and C Streets NW., Washing_ ton, D.C., for the purpose of considering the proposed regulations. One or more additional public hearings, as may be determined to be necessary or desirable, may be held by the Secretary of the In- terior or his authorized representative or representatives at a: place or places and time or times to be announced In one or more ot the Western States. Interested persons are invited to par- ticipate in the consideration or the pro- posed regulations by presenting their views, data, or arguments In writing to the Director, Bureau of Land Manage- ment, Department of the Interior, Wash- Ington D.C., 20240, on or before March 23. 1965. or by presenting theIr views orally or in writing at the publiC hearing. Persons wIshing to present their views orallY are requested to advise the Di- rector, Bureau of Land Management, De- partment of the Interior, Washington, D.C., 20240, on or before March 23, 1965. PART 172O-PROGRAMS AND OBJECTIVES Part 1720, consisting of Subpart 1725, 15 added to read as follows: Subpart 1725-Program Policy Sec. 1725.01 1725.1 ]725.2 1725.2-1 1725.3 1725.3-1 Purpose. CUII'ent admln1etr3t1on. Disposal policy. Pricing polley. Management policy. PriorIty of use for lands retained for multiple use management. 1725.3-2 IntensIty of use a.nd ma.nagement of lands retained for multiple use management. AUTHORITY: The provisions of thIs Part 1720 Issued under 78 Stat. 986; 43 U.S.C. 1411-18. Subpart 172S-Pragram Palicy ~ 1725.01 Purpose. This subpart lists genera.l and basic policies which will be followed in the im- plementation of the various public land dLsposal and management authorities available to the Secretary and adminis- tered through the Bureau of Land Man- agement . ~ 1725.1 Current adnlinilltration. Pending classification authorized by the Classification and Multiple Use Act (79 Stat. 966; 43 U,S,C, 1411-18) or other available authority, all lands adminis- tered by the Secretary through the Bureau of Land Management w11l con- tinue to be administered under existing laws in such a manner as to protect public values in the lands and resources therein and thereon. ~ 1725.2 Di!!lpo!lal policy. Public lands will be transferred out of federal ownerShip in the most efllcient m~nner possible. This will be accom- plIshed by the following procedures. (a) Encouragement and assistance will be extended to State, county, and other local governments in master plan- nIng and zoning. (b) Participation of the public and consultation with local government will be invited in the formulation of plans for transfers of J2!1bllc lands. (c) Timely and orderly Identlflcatlon and disposition of lands required for orderly development of communIties or chIefly valuable for residential com- mercial, industrial. agrlcultur'al. or public use or development will be made. (d) Practices and procedures wU1 be utilized which will achieve appropriate dispositions with minimum administra. tive costs. (e) Priorities will be established based upon availability of funds. urgency ot needs for public lands, and resulting economies or effectiveness of Govern- ment operations. ~ 1725.2-1 Pricing policy. The public land laws generally require as consideration for transfer ot public lands out of federal ownership, a fair return In the form of one or more of the following: Money, development of the lands, or some publ1c benefl.t, tangible or Intangtble. Determination of a fair return wlll be made in each case in ac- cordance with the following principles: (a) Wherever feasible.. disposals to private persons and profit organizations will be made at not less than fair market values for the Interests conveyed and through competitive biddIng. (b) Transfers to States and local government agencies for commercial or industrial purposes wlll be at fair ma;ket values and through negotiated sales. (c) Transfer of land to States and local government agencies and to non- profit organizations to be developed for publiC purposes will be made at prices and other terms that w1ll encourage and fac1l1tate the accompllshment ot 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 w1ll be bona f1.de and substantial. ti 1725.3 Management policy. ti 1725.3-1 Priority of uee for land, ree pined ror muhiple use management. No overall priority is assigned by the Classification and Multiple Use Act (78 Stat, 966; 43 U,S,C, 1411-16) or by the Secretary to any specific use. The Sec- retary or his delegate wlll authorize that use or combination of uses which w1ll best achieve the objectives of multiple use,