|
<br />0111031
<br />
<br />Saturday, February 20, 1965
<br />
<br />"
<br />
<br />~ 1725.3-2 Inlenaily oC we and man~
<br />agement of landa retained for multi-
<br />ple use managemenL
<br />
<br />The lands wlIl be managed for optI-
<br />mum production of the various products
<br />and uses tor whIch they are physically
<br />and economically suited. The follow..
<br />ing matteros may be considered:
<br />(8) Existing or future demand for the
<br />resource use, value, or commodity.
<br />(b> CoordinatIon Bnd cooperation
<br />with the resource use and management
<br />programs of public organizations and
<br />private landowners.
<br />(c) Consistency with national pro-
<br />grams.
<br />(d> Compatibility of the possible uses.
<br />
<br />PART 2240-SALES AND
<br />EXCHANGES
<br />
<br />Subpart 2243-Public Sales
<br />
<br />Subpart 2243. Public Sales. is amended
<br />to change the caption of existing ~ 2243.1
<br />to read. "Procedures under R.B. 2455";
<br />existing I 2243.2 Is renumbered A 2243.1-
<br />6; and the following sections are added:
<br />
<br />fi 2243.01 Purpo...
<br />
<br />(8) The regulations tn ~ ~ 2243.03-
<br />2243.1 implement section 2455 R.S., as
<br />amended (43 D.S.C. ~ 117I), which per-
<br />mits the sale of isolated tracts and tracts
<br />too rough or mountainous for cultivation.
<br />(b) The regulations in ~ 2243.2 imple-
<br />ment the Act of September 19, 1964 (78
<br />Stat, 988, 43 U,S,C, 1421-1427). which
<br />authorizes the sale of public lands that
<br />are required for the orderly growth and
<br />development of a community or which
<br />are chieflY valuable for residential, com-
<br />mercial. agricultural (exclusive of lands
<br />chiefly valuable for grazing and raising
<br />forage crops), industrial, or public uses
<br />or development.
<br />
<br />fi 2243.2 Proceduree under the Act or
<br />September 19, 1964.
<br />
<br />fi 2243.2-1 General.
<br />
<br />(a) Authority. The Act authorizes
<br />and directs the Secretary to dispose of
<br />public lands that are classified for dis-
<br />posal. after a determination that the
<br />lands are required for orderly growth
<br />and development at a community or are
<br />chiefly valuable for residential, commer-
<br />cial, agricultural (exclusive of lands
<br />chiefly valuable for raising iorage crops),
<br />Industrial or public uses or development.
<br />Such lands shall be sold In tracts not
<br />exceeding 5,120 acres, to Qualified gov-
<br />ernmental agencies at appraised fair
<br />market value, or to Qual1fied Individuals
<br />through competitive bidding at not less
<br />than the appraised fair market value.
<br />(b) Objectives. In the administration
<br />of the Act of September 19, 1964 <78 stat,
<br />988, 43 U,S,C, 1421-1427) the Secretary
<br />will place on the market, as soon as pos-
<br />sible after needs are determined and the
<br />proper local zoning authority enacts
<br />zoning regulations, public lands classi-
<br />fied pursuant to the regulations in Part
<br />2410 of this Chapter as being required
<br />tor the orderly growth or development of
<br />a community or one chIefly valuable for
<br />residential, commercial, agricultural (ex.
<br />elusive of lands chiefly valuable for rais-
<br />ing forage crops) I industrial or public
<br />
<br />FEDERAL REGISTER
<br />
<br />uses or development.. Disposal programs
<br />will be scheduled In a manner to make
<br />all actlons consLstent wlth established or
<br />proposed Btate or local governmental
<br />programs and with State, county. and
<br />other local governmental master and de-
<br />tailed plans. Disposals within the area
<br />of influence ot grOwing communities will
<br />be deferred until local governmental
<br />master plans have been adopted and zon-
<br />ing regulations are in effect. However,
<br />in the absence of master plans, critical
<br />needs in such areas of influence may be
<br />met if such actton appears proper to the
<br />authorized omcer after consultation with
<br />the appropriate local planning and gov-
<br />erning omcia1s. Similarly, disposals out.
<br />side of the area of influence of growing
<br />communities may be made where, aiter
<br />consultation with appropriate local plan-
<br />ning and governing officials, the author-
<br />ized oMcer determines that adequate
<br />zoning regulations exist and the disposal
<br />would be consistent with the objectives
<br />of the local governments-Involved. Gen-
<br />erally, sales to qualified governmental
<br />agencies will be preferred to sales to
<br />QuaIJfled Individuals, where the QuaU-
<br />fled governmental agencies can demon-
<br />strate that they are ready, wilIJng,
<br />and able to purchase the lands within a
<br />reasonable period, considering the ur-
<br />gency of needs for development of the
<br />property. The authorized omcers of the
<br />Bureau of Land Management will co-
<br />operate with State, county, and local
<br />government agencies to fac1l1tate Ule
<br />achievement of the objectives of these
<br />regulations. Reservations and restric-
<br />tions in patents issued under the act wHl
<br />be kept to the minimum necessary to
<br />carry out the requIrements of the law,
<br />and to protect the public Interest In the
<br />lands and their development, but In no
<br />case will restrictions be imposed to in-
<br />sure proper development of the lands
<br />after they have passed from Federal
<br />ownership.
<br />(c) Definitiom, As used in this sec-
<br />tion:
<br />(1) The term "public land" means va-
<br />cant, unappropriated, and unreserved
<br />public lands in Alaska, or public lands
<br />withdrawn by E.O. 6910 of November 26
<br />1934, as amended. or E.O. 6964 of Feb~
<br />ruary 5. 1935..8.5 amended, and not other-
<br />wise withdrawn or reserved, or publtc
<br />lands within grazing districts established
<br />under section 1 of the Act of June 28,
<br />1934 (48 Stat 1269), as amended <43
<br />U.S.C. 315), and not otherwise with-
<br />drawn or reserved.
<br />(2) The term "fair market value of
<br />the lands" means .the dollar value of the
<br />lands 80S estimated by the authorized offi-
<br />cer in accordance with approved Depart-
<br />ment of the Interior standards, taking
<br />Into consideration all the terms and con-
<br />ditions of the transfer including restric-
<br />tions to be Inserted In the patent for the
<br />lands.
<br />(3) The term "proper land office"
<br />means the land office of the Bureau of
<br />Land Management for the State or Land
<br />District in which the lands are situated.
<br />For lands in States for which there a.re
<br />no land omces, it means the Bureau of
<br />Land Management, Washington. D.C.,
<br />20240, for lands in North Dakota or South
<br />Dakota, It means the land omce In Bil-
<br />lings, Mont.; for lands in Nebraska or
<br />
<br />"
<br />
<br />2385
<br />
<br />Kansas. it means the land office at Chey.
<br />enne, WYo.; and for lands In Oklahoma,
<br />It means the land office at Santa Fe,
<br />N. Mex.
<br />(4) "Qualified governmental agency"
<br />means any of the following, including
<br />their lawful agents and instrumentali-
<br />ties: (0 The State, county. municipality,
<br />or other local govermuent subdivision
<br />within which the land Is located and (ii)
<br />any municipality within convenient ac-
<br />cess to the lands, If the lands are within
<br />the same State as the mUnicipality.
<br />(5) "Qualified individual" means (I)
<br />any individual who is a citizen or other-
<br />wise a national of the United states (or
<br />who has declared his Intention to become
<br />a citizen) aged twenty-one years or
<br />more; (Ii) any partnership or associa-
<br />tion, each of the members of which is a
<br />qualified indiv1dual as defined In sub-
<br />paragraph (I); and (111) any corpora.
<br />tion organized under the laws at the
<br />United States or of any state thereof,
<br />and authorized to hold title to real prop-
<br />erty in the Stat.e in which the land is
<br />located.
<br />(6) The "Act" means the Act of Sep-
<br />tember 19, 1964 (78 Stat. 988, 43 U,S:C.
<br />1421-1427) .
<br />
<br />g 2243.2-2 Land8 8ubjecl 10 Ilale.
<br />
<br />Only tracts of publ1c land that are
<br />classified by the authorized officer, pur-
<br />suant to the criteria and procedures in
<br />Part 2410 of these regulations, for dis-
<br />posal under the Act can be sold pursuant
<br />to the regulation In Subpart 2243,2,
<br />
<br />ti 2243.2-3 Petition; application; Bu~
<br />reau motion.
<br />
<br />(a) The authorized omcer may, either
<br />on his own motion or in response to a
<br />petition for cIa.sslflcatlon, ol88811y lands
<br />in accordance with the criteria of Part
<br />2410, and o1fer them for disposal under
<br />the- provisions of this subpart.
<br /><b) Appllcatlons, together with peti-
<br />tions required under Part 2410 (herein-
<br />after called petJt1on-appltcations) to
<br />have tracts classified and ordered into
<br />market under this section of the regula-
<br />tions, shall be made on forII18 approved
<br />by the Director, properly executed by the
<br />applicant and flIed In the proper land
<br />office.
<br />(c) Each petition-appl1catlon except
<br />those flied by 8 Qualified governmental
<br />agency must be accompanied by a non-
<br />refundable service charge of $25.
<br />(d) With every petition-appl1catlon
<br />shan be submitted:
<br />(1) A statement designed to show that
<br />the lands are needed for urban PUrposes
<br />or for Intensive-use purposes, plus in-
<br />formation on the type of development
<br />contemplated, use to which the land is
<br />to be put. structures and other improve-
<br />ments which should be erected on the
<br />land, and approximate dates of need for
<br />the development.
<br />(2) A statement by local planning and
<br />governing otncials showing the nature at
<br />the zoning regulations which are in
<br />effect.
<br />
<br />ti 2243.2-4 Notice: publication.
<br />
<br />(a) Not less than 90 days betore offer-
<br />ing for sale lands which have been classi-
<br />fied for disposal under the Act In accord-
<br />ance with the procedures In Part 2410,
<br />
|