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<br />the authorized officer will notify the thereafter In value of the lands w1ll not
<br />head at the governing body of the politi- necessarily be a basis for a. determination
<br />cal subdivision of the State having Juris- that the lands will not be sold. Sales wUl
<br />diction over zoning In the geographic not be consummated. In the discretion
<br />area within which the lands are located, of the authorized officer. when for
<br />to afford that body an opportunity to example:
<br />zone the land for use in accordance with (1) Circumstances reveal that the
<br />local planning and development. In the highest bid otherwise acceptable Is less
<br />absence of such political subdivision, 00- than the fair market value ("If the land
<br />tlflcatIon wlll be sent to the Governor of on the date of the sale set in the public
<br />the State. notice thereof, or
<br />(b) Not less than 30 days before enter~ (2) Collusive or other activities have
<br />Ing Into an agreement with a govern~ hindered or restrained free and open
<br />mental agency or the opening of bids, bidding.
<br />notice of offering of lands for sale shall. (f) The petitioner-applicant or any SloIbpart 2410-Land Classiflcation; General
<br />be published in the F'EDER"-L REoGISTER and bidder has no contractual or other rights Sec.
<br />m a newspaper of general circulation in as agai:n.st the United States, and no ac- 2410.0-2 Objectives.
<br />the area in which the lands are situated. tion taken wilf create any contractual or 2410.0-3 Authority.
<br />(c) Where lands are sold pursuant to other obligations of the UnIted States 2410.D--4: Responslbllltles.
<br />2410.0-5 Definitions.
<br />notice prescribed in paragraph (b) ot until the final certificate Is issued. Is- 2410.1 Criteria.
<br />this section, the purchaser or purchasers suance at the final certificate, however, 2410.1-1 General criteria for a.llland classl~
<br />of the lands w1ll be required to pay the will not preclude the Secretary of the In- fication.
<br />cost of publiShing the notice in the news- terior from vacating the sale in whole or 2410.1-2 Retention and mUltiple use man~
<br />paper. Where more than one purchaser part because of fraud not dIsclosed at the agement cla.sslficatlon criteria.
<br />is involved in a transaction, the costs will time of issuance of the final certificate or 2410.1-3 DlsposnJ. classlftcat10n criteria.
<br />be shared In such proportions as the au~ because ot lack of knowledge of facts or 2410.1-4 Criteria for segrega.tlon.
<br />thorlzed officer deems equitable. conditions existing at that time which, if SloIbpart 2411--Procedyres
<br />known prior to Issuance of the final cer- 2411.0-3
<br />~ 2243.2-5 Sales through eompetilive t1ftcate, would have been grounds for re- Authority.
<br />bidding; time, place, !limullaneou!I 2411.1 Disposal classIfication procedure.
<br />bids. fusing to consummate the sale. 2411.1-1 Petition-applicatIon system.
<br />R 2243.2-6 Cln!l.9ificalion; notice; segre~ 2411.1-2 Special procedures where proposed
<br />If class1fied lands are offered through ;:I disP06al cla.ss1ficatlon exceeds
<br />competitive bIdding: galive effecL. 2.560 acres.
<br />(a) The date, time, and place for sub- (a) ClassIfication shall be made 1n ac- 2411.1-3 Right to occupy or setUe.
<br />m1tting bids wlll be specified in the pub- cordance with the provisions of Part 2410 2411.1-4 Preference right of petltloner-
<br />lic notice required by ~ 2243.2-4 (b) . of this chapter. applJcant.
<br />(b) Bids may be made by the principal (b) At least 60 days before classiflca- 2411.1-5 Opening of lands to disposal.
<br />b 24.11.1-6 Allowance and entry.
<br />or his agent, either personally or y mail. tion for disposal under Ute Act of tracts 2411.2 Procedure for retention and man-
<br />(c) Bids sent by mail wlll be con- of land in excess of 2,560 acres, the au- a"'ement classifications..
<br />. ___sIdered.onlY.1f.received at. the place and thorized officer shall publish a notice of to Th P
<br />. . - - - - - -. -At1THORITY.- e-provls1oDS-of-thls- a.rt
<br />prior to the hour fixed in the notice. the proposed classification in the .FEDERAL 2410 Issued u~der sec. 2478 Revised Statutes'
<br />Each bId shall be accompanied by cert1- REGISTER and In a newspaper havmg gen- 43 U.S.C. 1201. ' .
<br />fled check, post office money order, bank eral circulation in the area or areas In the
<br />draft or cashier's check made payable to vicinity of the land to be classified.
<br />the Bureau of Land Management, for (c) Classification of lands for disposal
<br />the amount of the bid plus cost or publ1- under the Act and pursuant to the regu-
<br />cation (as contained in the notice of lations In this subpart will segregate
<br />sale) and must be enclosed in a sealed them from all appropriation, including
<br />envelope which sh.:.l1 be marked as pre~ locations under the mining laws, and
<br />scribed in the notice. In the event that from other petitions and applications,
<br />valid bids of the same amount are re~ except to the extent that the classlflca-
<br />celved through the mail from two or tlon order or any modification thereof
<br />more persons, the first in time as shown may specifically limit its segregative
<br />by the time and date noted by the post effect.
<br />office on the envelope wIll be considered (d) The segregative effect or such
<br />the highest ot those bids. If two or classification order shall continue for 2
<br />more envelopes containing valid bids of years from the date of publication unless
<br />the same amount bear the same time and the classifl.cation is continued thereafter
<br />date stamp, they wlll be considered sl- in accordance with law and pertinent
<br />mUltaneously filed, and the determina- regulations, in which event the segrega-
<br />tion of which Is the highest of these bIds tIon shall continue for the duration of
<br />will be by drawing. the classification, unless sooner term1-
<br />(d) The person who Is declared by the nated by the authorized oflicer.
<br />authorized officer to be the high bidder ~e) Under regulations in this chapter
<br />shall be bound by his bid and the regula- relating to grazing, no lands embraced
<br />tions in tlUs sectIon to complete the pur- in a grazing lease, Ucense or permit may
<br />chase in accordance therewith unless his be sold unless and until the prospecUve
<br />bid Is reJec.ted or he is released from it by purchaser has made provision tor com-
<br />the authorIzed officer. pensation for any authorized grazing im-
<br />(e) The acceptance of an offer to pur-
<br />chase wlll be by the issuance of a final provement.s placed on the lands (43 CPR
<br />certificate to the bidder. Until the final ~ 4122.3-5).
<br />certificate Is issued, the authorized officer fi 2243.2-7 Palenl.!!: Reservalion.!! pnd
<br />has the right at any time to determIne re.<;lriclion.9.
<br />that the lands should not be sold, or that
<br />any and all bids should be rejected.
<br />Generally, if the high bid is not less. than
<br />the fair market value or the land on the
<br />date for receiving bids, as spec1fl.ed In the
<br />public notice Issued pursuant to ~ 2243.2-
<br />4(b). any appreciation or depreciation
<br />
<br />OOl03'~
<br />
<br />2386
<br />
<br />PROPOSED RULE MAKING
<br />
<br />(a) All patents or other evidence of
<br />title Issued under the Act shall contain
<br />a reservation to the United States of all
<br />mineral deposits. Such reserved mineral
<br />deposits are withdrawn, by operation ot
<br />law, from appropriation under the public
<br />
<br />land laws Including the mining and min-
<br />eralIeasing laws.
<br />(b) Patents may also contain any ad-
<br />dlUonal reservations or restrictions
<br />which the authorized oflicer determines
<br />are necessary in the publ1c in terest, in
<br />the light of the objectives and principles
<br />stated In 12243,2-l(bl.
<br />(R.S. 2478; 43 U.S.C. 1201)
<br />
<br />PART 2410-LAND CLASSIFICATION
<br />Part 2410 is revIsed to read as tallows:
<br />
<br />Subpart 2410-Land Classification;
<br />General
<br />
<br />~ 2410.0-2 Objeclivf'8.
<br />
<br />The statutes cited In g 2410.0-3 au-
<br />thorize the Secretary of the Interior, In
<br />his discretion, to classify or otherwise
<br />take appropriate steps looking to Its dis-
<br />position, and on an Interlm basis, to clas-
<br />sify lands for retention and management,
<br />subject to requirements of the applicable
<br />statutes. In addItion to any requIre-
<br />men ts of law, it is the polley of the Secre-
<br />tary (a) to specify those criteria which
<br />wlll be consIdered In tlle exercise 01 his
<br />discretion. and (b) to establish proce-
<br />dures which wIll permIt the prompt and
<br />efficient exercise of his discretion with,
<br />as far as Is practicable, the knowledge
<br />and partiCipation of the Interested par-
<br />ties, InclUding the general pubUc.
<br />
<br />~ 2410.0-3 Aulhorily.
<br />
<br />(a) All vacant pubHc lands, except
<br />those in Alaska. have been, wIth certain
<br />exceptions, withdrawn from entry, selec-
<br />tion, and location under the norunineral
<br />land laws by Executive Order 6910, of
<br />November 26, 1934, and Executive Or-
<br />der 6964 of February 5, 1935, and
<br />amendments thereto. and by the estab-
<br />lishment of grazing districts under sec-
<br />tion 1 of the Act of June 28, 1934 (48
<br />Stat. 1269), as amended (43 U.S.C. 315).
<br />Section 7 of the Act ot June 28, 1934 (48
<br />Stat. 1272), as amended (43 U,S,C, 3151),
<br />authorizes the Secretary of the InterIor
<br />in his discretion to examine and classity
<br />
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