|
<br />00103;1
<br />Saturday, February 20, 1965
<br />
<br />and open to entry. selection, or location
<br />under applicable law any lands wIth-
<br />drawn or reserved by ExecutIve Order
<br />6910 of November 26. 1934, or Executive
<br />Order 6964 of February 5, 1935. and
<br />amendments thereto. or within a grazing
<br />distrIct established under that act which
<br />he finds ElJ'e more valuable or suitable for
<br />the productIon of agricultural crops than
<br />for the production of native grasses and
<br />forage plants, or more valuable or suIt-
<br />able for any other use than tor the use
<br />provided for under said act. or proper for
<br />acquisition In satisfaction of any outR
<br />standing lien, exchange, or scrip rights
<br />or land grant. CIBBslf1catlon under sec-
<br />tion 7 1l!I a prerequiSite to the approval of
<br />all entries. selections, or locations under
<br />the following subparts of this chapter,
<br />except as they applY to Alaska and with
<br />certaJn other exceptions; Original, Addi-
<br />tional, Second. and Adjoining Farm
<br />Homesteads--Subpart 2211; Enlarged
<br />Homestead-Subpart 2211; Indian Al-
<br />lotrnents--Subpart 2212; Desert Land
<br />Entries-Subpart 2226; Recreation and
<br />PublIc Purposes Act-Subpart 2232;
<br />State Grants for Educational, Institu-
<br />ttona.!, and Park Purposes-Subpart
<br />2222; SCr1p Select1ons-Subpart 2221,
<br />and Exchanges for the ConsolIdation or
<br />Extension ot National Forests, Indian
<br />Reservations or Indian HoldJngs-Sub-
<br />part 2244.
<br />(b) Section 8(b) at. the Act of June 28.
<br />1934 (48 Stat, 1272), as amended (43
<br />U.S.C. 315g), authorizes the Secretary of
<br />the Interior, when public interests w1l1 be
<br />benefited thereby, to accept on behalf of
<br />the United States title to any privately
<br />owned lands wlth1n or without the
<br />boundaries of a grazIng district estab-
<br />lished under that act and In exchange
<br />therefor to Issue patent for not to exceed
<br />an equal value of surveyed grazing dis-
<br />trict land or of unreserved surveyed pub-
<br />He land In the same State or wtthln a
<br />dLstance of not more than 50 miles
<br />within the adjoln1ng State nearest the
<br />base lands. The regulations governing
<br />such exchanges are contaIned Ln Subpart
<br />2244 of this chapter.
<br />(c) Section 2455 of the Revised
<br />Statute,as amended (43 U.S.C. 1171), au-
<br />thorizes the Secretary of the Interior in
<br />his discretion to order Into market and
<br />sell at publJc auction isolated or discon-
<br />nected tracts of public land not exceeding
<br />1,520 acres. and tracts not exceeding 760
<br />acres the greater part of which are
<br />mountaJnous or too rough for cultivation.
<br />The regulations governing such sales are
<br />contained in Subpart 2243 of thIs chapter.
<br />(d) Section 3 of the Act of August 28,
<br />]937 (50 Stat, 875; 43 U S,C. 118]c) , au-
<br />thorizes the Secretary of the Interior to
<br />classify. either on application or other-
<br />wise, and restore to homestead entry, or
<br />purchase under the provIsions of section
<br />2455 of the Revised Statutes., as amended,
<br />any of the revested Oregon and Cali-
<br />fornia RaIlroad or reconveyed Coos
<br />Bay Wagon Road grant land which. in
<br />his judgment, is more suitable for agri-
<br />cultural use than for afforestation,
<br />reforestation, stream-flow protection.
<br />recreation, or other public purposes. The
<br />regulations governing disposal under this
<br />act are contaJned in Subpart 2243 of this
<br />chapter.
<br />
<br />FEDERAL REGISTER
<br />
<br />Ie) The Small Tract Act of June 1,
<br />1938 (52 Stat, 609), as amended (43
<br />U.S.C. 682a-e). authorizes the Secretary
<br />of the Interior, in his discretion, to lease
<br />or sell certain classes of public lands
<br />which he classifies as chiefly valuable
<br />for residence, recreation, business or
<br />community site purposes. The regula-
<br />tions governing leases and sales under
<br />this act are contaIned in Subpart 2233 of
<br />this chapter.
<br />(f) The Recreation and Public Pur-
<br />poses Act of JWle 14. 1926 (44 Stat. 741>.
<br />as amended (43 U.S.C. 869. 869.1-4), re-
<br />quires the Secretary of the Interior, in
<br />the exercise of this discretion to make a
<br />determination Ulat land Is to be used
<br />for an established or definitely proposed
<br />project. and in the case of Alaska au-
<br />thorizes him to classify certain classes of
<br />public lands for lease or sale for recre-
<br />aUon or other public purposes. The
<br />regulations governing lease and sale of
<br />land Wlder this act are contained in
<br />Subpart 2232 of this chapter.
<br />(g) The Act of July 3], 1939 (53 Stat,
<br />1144), authorizes and empowers the
<br />Secretary of the Interior, In the adminis-
<br />tration of the Act of August 28. 1937
<br />(50 Stat. 874), in his discretion, to e~-
<br />change any land formerly granted to the
<br />Oregon and California Railroad Co.,
<br />title to which was revested in the United
<br />States pursuant to the prOVisions of the
<br />Act of June 9, 19]6 (39 Stat. 218), and
<br />any land granted to the State of Oregon,
<br />title to which was reconveyed to the
<br />United States by the Southern Oregon
<br />Company pursuant to the provisions of
<br />the Act of February 26, ]9]9 (40 Stat,
<br />1179). for lands of approximately eQual
<br />aggregate value held In private, State.
<br />or county ownership, either within or
<br />contiguous to the former limits of such
<br />grants. when by such action the Secre-
<br />tary of the Interior will be enabled to
<br />consolidate advantageously the holdings
<br />of lands of the United States. The
<br />regulations governing exchanges under
<br />this act are contained in Subpart 2244
<br />of this chapter.
<br />(h) The Alaska Publlc Sales Act of
<br />August 30, 1949 (63 Stat, 679). as amend-
<br />ed (48 U,S,C, 364 a-f), authorizes the
<br />Secretary of the Interior In his dis-
<br />cretion to classify certain classes of
<br />public lands in Alaska for publIc sale for
<br />Industrial or commercial purposes. The
<br />regulations governing sales of land un-
<br />der this act are contained in Subparts
<br />2241 and 2245 of this chapter.
<br />(1) The Public Land Sale Act of Sep-
<br />tember ]9, 1964 (78 Stat, 988, 43 U.s.C.
<br />1421-27) authorizes and directs the Sec-
<br />retary of the Interior to dispose of public
<br />Iand'S in tracts not exceeding 5,120 acres,
<br />that have been classified for disposal in
<br />accordance with a determination that
<br />(1) the lands a.re reQuired for the orderly
<br />growth and development of a community
<br />or (2) the lands are ch1efiy valuable for
<br />residential, commercial. agricultural
<br />(which does not include lands chiefiy
<br />valuable for grazing or raising forage
<br />crops). industrial, or public uses or de-
<br />velopment. The regulations governing
<br />such sales are contained in Subpart 2243
<br />of this chapter.
<br />(j) The Classitlcatlon and Multiple
<br />Use Act 01 September 19, 1964 (78 Stat.
<br />
<br />2387
<br />
<br />986, 43 U,S,C, 1411-]8). authorizes the
<br />Secretary of the Interior to determine
<br />which of the pubUc lands (and other
<br />Federal lands), Including those situated
<br />In the State of Alaska eXClusively ad-
<br />ministered by him through the BureaU
<br />of Land Management shall be (1) dis-
<br />posed of because they are (I) required
<br />for the orderly growth and development
<br />of a community or (ii> are chieflY valu-
<br />able for residential. commercial, agricul-
<br />tural (which does not include lands
<br />chiefiy valuable for grazing or raising
<br />forage crops). industrial, or publlc uses
<br />or development or (2) retained, at lea.st
<br />for the time being, In Federal ownership
<br />and managed for (1) domestic livestock
<br />grazing, <Ii> fish and wildlife develop-
<br />ment and utlllzatlon, (11i) Industrial. de-
<br />velopment, (Iv) mineral production. (v)
<br />occupancy, (vi) outdoor recreation, (vil)
<br />timber production. (vlll) watershed pro-
<br />tection. (Ix) wilderness preservation, or
<br />(x) preservation of publ1c values that
<br />would be lost 11 the land passed from
<br />Federal ownership.
<br />
<br />fj 24-10.0-4 Responl!libilhies.
<br />
<br />Except where specltled to the contrary
<br />in this part. the authority of the Secre-
<br />tary of the InterIor to classify lands and
<br />lI)ake other detenninatJons In accord-
<br />ance with the regulations of this part
<br />has been delegated to persons authorized
<br />to act In hIs name; to the Director, Bu-
<br />reau of Land Management and persons
<br />authorized to act in h1a name; to state
<br />Directors of the Bureau of Land Manage-
<br />ment and to any person authorized to act
<br />in the name of a State D1rector.
<br />
<br />~ 24.10.0-5 Definilionll.
<br />
<br />.As used In the regulations of this part-
<br />(a) "~esldent1al" refers to sIngle or
<br />multifamily dwellings, both seasonal and
<br />year-round.
<br />(b) "Commercia.!" refers to the sale,
<br />exchange, or dIstribution of goods and
<br />services.
<br />(c) "Industrial" refers to the manu-
<br />facture and testing of goods Bnd ma~
<br />ter1als, including the production of
<br />power, and does not refer to the grow-
<br />ing of agricultural crops, or the raising
<br />of livestock, or the extraction or sever~
<br />ance of raw materials from the land
<br />being classified.
<br />(d) "Agrlcultural" refers to the grow-
<br />ing of cultivated crops.
<br />(e) "Community" refers to a v1l1age,
<br />town or c1ty, or simllar political subdivi-
<br />sion of a State. whether or not Incorpo-
<br />rated.
<br />(f) "Domestic livestock" refers to
<br />cattle, horses, sheep, goats. and other
<br />grazing animals owned by livestock op~
<br />erators, provided such operators meet
<br />the Qualtflcatlon set forth in 14111.1-1
<br />or ~ 4131.1-3 of t.hls chapter. This defi-
<br />nition includes animals raised for com-
<br />mercial purposes and also "domestic
<br />livestock" within the meaning of
<br />1411L3-](d) (1) 01 this chapter,
<br />(g) "Fish and wIldlife" refers to game,
<br />fish and other wild a.nimals native or
<br />adaptable to the publtc la.nds Bnd waters.
<br />(h) "Mineral" refers to any substance
<br />that (1) is recognized as mineraI. accord-
<br />ing to its chemical composlUon, by the
<br />standard authorities on the subject, or
<br />(2) is classified as mineral produc& in
<br />
|