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<br />00103[;
<br />
<br />2390
<br />
<br />869-869--4) (see Subpart 2232) If the
<br />proposed pUblIc uses or development in-
<br />volve non-profit activities and if it Is de-
<br />tennJned by the authorized omcer that
<br />the provisions of that act are required
<br />to insure the continued dedication ot the
<br />lands to such public uses or development.
<br />or otherwise to carry out the purp6ses of
<br />U1at act.
<br />(4) Lands may be classIfied for ex-
<br />change under appropriate authority
<br />where they are found to be chiefly valu-
<br />able for public uses or development be-
<br />cause they have special values. ar1s1ng
<br />from the Interest of exchange propo-
<br />nents, for exchange for other lands
<br />which Rre needed for the support of a
<br />Federal program.
<br />(d) Additional criteria for classifica-
<br />tion of lands valuable for residential,
<br />commercial, agricultural, or industrial
<br />uses or development. (1) Lands may be
<br />classified as chiefly valuable for resi~
<br />dential or commercial, or agricultural, or
<br />industrial uses or development. if the use
<br />for which t.hey are so classifled repre-
<br />sents the "highest and best use" of the
<br />lands, i.e., their most profltable legal use
<br />in private ownership.
<br />(2) Lands may be classified for sale
<br />pUrsuant to Ute Publlc Land Sale Act of
<br />September 19, 1964 (78 Stat, 988, 43
<br />U.S.C. 1421-27) if (1) the lands are
<br />chiefly valuable for residential, com-
<br />mercial. agricultural, or industrial uses
<br />or development (other than grazing use
<br />or use for raising native forage crops),
<br />anjL (11) zoning regulations are in effect,
<br />and (11i) county and local governmental
<br />master plans have been adopted.
<br />(3) Lands determined to be chiefly
<br />valuable for resIdential, commercial,
<br />agricultural, or industrial uses or de-
<br />velopment may be class1fled tor disposal
<br />WIder any appropriate authority other
<br />than the Public Land Sale Act of Sep-
<br />tember 19. 1964 (78 Stat, 988. 43 U,B.C.
<br />1421-27) if (1) disposal under such other
<br />authority would be consistent with local
<br />governmental master plans, or In the
<br />absence of such plans, with the views of
<br />local governmental author1Ues.
<br />(4) Lands outside of Alaska may be
<br />classified as suitable for homestead entry
<br />under Subpart 22111t they are m chiefly
<br />valuable for agricultural uses other than
<br />uses for grazing or raising native grBBses
<br />or native forage plants, and (11) suitable
<br />for development as a home and farm. for
<br />a man and his family under American
<br />standards of HYing. It It Is determined
<br />that the cultivation of land otherwise
<br />suitable for homestead entry would en-
<br />danger the supply of adequate water for
<br />existing users or cause the diSSipation of
<br />water reserves, such land wlll not be
<br />classified for entry. Land may be class!-
<br />fled for homestead entry only if there is
<br />avaUable to the land sufficient water to
<br />permit agricultural development of its
<br />cultivable portions.
<br />(5) Lands may be classified as suit-
<br />able for desert land entry under Sub-
<br />part 2226 if (1) the lands are chlefiy
<br />valuable for agricultural uses other than
<br />uses for grazing or raising native grasses
<br />or native forage plants, and (ll) the re~
<br />quirements for water supplies set forth in
<br />12410,1-3(0) (4) are met.
<br />
<br />PROPOSED RULE MAKING
<br />
<br />(6) Lands outside of Alaska may be'
<br />classified as suitable for Indian allot-
<br />ment under Subpart 2212 if (1) the lands
<br />are chiefly valuable for agricultural uses
<br />other than uses for grazing or ralsing
<br />native grasses or native forage plants,
<br />and <it) the lands are able to support an
<br />American Indian family through agri-
<br />culture, and (li1) the lands are on the
<br />whole suitable for a home for an Ameri-
<br />can Indian and (iv) the requirements for
<br />water supplies set forth in ~ 2410.1-3 (e)
<br />(4) are met.
<br />(7) Lands determined to be valuable
<br />for uses or development othap than pub~
<br />lie uses or development may be deter-
<br />mined to be suItable for exchange It the
<br />acquisItion of the offered lands, the
<br />disposition of the pUblic lands, and the
<br />anticipated costs of consummating tile
<br />exchange will not dIsrupt governmental
<br />operations.
<br />(e) Additional criteria for lands valu-
<br />able Jor other uses. Lands may be classl-
<br />fled for disposal under any applicable
<br />authority where they are found to be
<br />chiefty valuable for uses other than those
<br />described in paragraphs (b) through (d)
<br />of this section and to be not suitable for
<br />retention for multiple-use management.
<br />
<br />~ 2410.1-4 Criteria for segregalion.
<br />
<br />The follOWing criteria will govern the
<br />determination of the extent. to which
<br />classifications and proposed classifica-
<br />tions w1ll segregate the affected lands
<br />from settlement, location, sale, selection,
<br />entry. lease, or other fonns of d.15posal
<br />under the public land laws, including the
<br />mining and mineral leasing laws.
<br />(a) General criterion. The vublic
<br />lands classified or proposed to be classi-
<br />fled under the regulations of this part
<br />will be kept open to (i.e., not segregated
<br />from) as many fonns of disposal as
<br />possible consistent with the purposes of
<br />the classification and the resource
<br />values of the lands.
<br />(b) Specffic criteria for classification
<br />for retention. Public lands classIfied or
<br />proposed to be classifled for retention for
<br />multiple-use ma.nagement w1ll be segre-
<br />gated from those forms of disposal
<br />whtch, It the lands remained open
<br />thereto. could:
<br />(1) Interfere significantly with the
<br />management of the lands under vrlnci-
<br />pIes of multIple use and sustained yield,
<br />or
<br />(2) Impair or prevent, to an appreci-
<br />able extent, realization of public values
<br />In the lands, or
<br />(3) Impair or prevent, to an apprecIa.-
<br />ble extent, realization of the objectives of
<br />retentIon and management set forth In
<br />this Part 2410, or
<br />(4) Lead to unnecessa.ry expend1tures
<br />of public or private funds anslng out of
<br />ind1v1dual efforts to acquire publiC lands
<br />under laws, which are In fact not appl1~
<br />cable, because of the nature of the re~
<br />sources of the lands.
<br />(c) Speclflc criteria for classifIcation
<br />for disposal. Public lands classified or
<br />proposed to be classified for diSPosal will
<br />be segregated from those forms of dis-
<br />posal which, If the lands remained open
<br />thereto, could interfere with the orderly
<br />cUsposal of the lands pursuant to appro-
<br />priate law.
<br />
<br />"
<br />
<br />Subpart 2411~Procedure.
<br />
<br />~ 2411.0-3 AUlhority.
<br />
<br />Classlflcation and other detenntnaUoll8
<br />in accordance with the regulations of
<br />this part may be made by the authorized
<br />officer whether or not applications or pe-
<br />titions have been filed for the lands.
<br />
<br />ti 2411.1 Disposal da~8ification proce-
<br />dure.
<br />
<br />~ 2411.1-1 Pelition-npplicalion !I)'l!Ilem.
<br />
<br />(a) Filing oj petition. (1) When (D
<br />land must be classified or designated
<br />pursuant to the authorities cited in
<br />~ 2410.0-3 before an application may be
<br />a.pproved and (11) the filing of applica-
<br />tions is permitted prior to classification,
<br />the application together with a petition
<br />for classification on a form approved by
<br />the Director <herel.nafter referred to col-
<br />lectIvely as a "petition-application")
<br />must be flIed In accordance wit!} the pro-
<br />visions of ~ 1821.2 of this cha.pter, L1sts
<br />Indicating the proper office for flUng of
<br />applications may be obtained from the
<br />Director or any other officer of the Bu-
<br />reau of Land Management. Copies of
<br />the vetltion for classification fonn and
<br />the application forms may be obtained
<br />from the land offices or from the Bureau
<br />of Land Management, Washington, D.C.,
<br />20246.
<br />(b) Preliminary determination. (1)
<br />Upon the flllng of a petltion~appllcation,
<br />the authorized officer shall make a pre~
<br />11mlnary determination as to whether 1 t
<br />Is regular upon Its face and, where there
<br />is no apparent defect, shall proceed to
<br />Investigate and classify the land for
<br />which it has been filed. No further con-
<br />sideration w11l be given to the merIts of .
<br />an application or the qualifications of
<br />an applicant unless or until the land
<br />has been classified for the purpose for
<br />which the peUtlon-appUcat1on has been
<br />filed.
<br />(2) A petition-application which is not
<br />regular on its face or which contains an
<br />apparent defect shall be rejected by the
<br />State Director by the issuance of an Ini-
<br />tial decision. Such ini tial decision shall
<br />be subject only to administrative review
<br />under ~ 2411.1-5.
<br />(c) Proposed decision. (1) Where
<br />lands proposed to be classified do not ex-
<br />ceed 2,560 acres, the State Director shall
<br />make and Issue 8 proposed classification
<br />decision which shall contain a statement
<br />of reasons In support thereof, The pro-
<br />posed decision shall be served upon each
<br />petitioner-applicant for the land, upon
<br />any grazing permittee, licensee, or lessee
<br />on Ute land, or his representative, upon
<br />the local governing board, planning com-
<br />mission, State coordinating committee,
<br />or other official or quasi~omcial body
<br />having jurisdiction over the geographiC
<br />area within which the lands are located,
<br />and upon any governmental omcials or
<br />agencies from whom the record discloses
<br />comments on the classification have been
<br />received, .
<br />(2) When there are multiple petition-
<br />applications for the same land, the pro-
<br />posed decision shall state which petit1on~
<br />application, it any, will be entitled to
<br />preference under applicable law: or
<br />where no vetition-application has been
<br />filed for the purpose for which the land
<br />
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