WSP09982 - Laserfiche WebLink

Home Browse Search

00 1 () 2 '; Saturday, Febl"uary 20, 1965 is proposed to be classifled. the proposed decision sha.ll so state. (D When multiple peUUon-appUca- tians have been filed for the same land. the one first filed for the purpose for which the land is classifl.ed will be en- titled to preference under_applicable law. (ii) When two or more petition~appli- cations have been simultaneously filed for the purpose for which the land is classified, the petition-application ell- titled to preference will be the first to be selected by drawing. (iji) If no petition-application has been filed for the purpose for which it is proposed to classify the land. the pro. posed decision shall state that the land will be opened to application by all Qualified individuals on an equal-oppor- tunity basis after public notice. (d) Protests: initial decision. (1) For a period of 30 days after the proposed decision on land classification has been served upon the petitioner-applicants and grazing permittees. licensees, lessees protest as to the proposed classification may be filed by an interested party with the State Director. No particular form of protest is required under this sub- paragraph. it being the intent of this procedure to afford the State Director the opportunity to review the proposed decision in the light of such protests. (1) If no protests are filed within the time allowed, the proposed classification action shall be issued as the initial deci- sion of the State Director, and shall be served on the petitioner-appUcants and upon grazing permittees, licensees. or lessees. . OJ) If protests are timely filed. they shall be reviewed by the State Director, who may require statements or a1tidavits, take testimony. or conduct further field investigations as are deemed necessary to establish the facts. At the conclusion of such review. the State Director shall issue an initial decision, either revised or as originally proposed, which shall be served on all interested parties. (e) Administrative review. (1) For a period of 60 days after service thereof upon all parties in interest. the initial decision of the State DIrector shall be subject t.o the exercise of supervisory authority by the Secretary of the InterIor for the purpose of administrative review. (2) If, 60 days from receIpt by parties in interest of the initial decision of the State Director, the Secretary has not either on his own motion, or motion of any protestant, petitioner-applicant, or the State Director, exercised supervisory authority for review. the initial decision shall become the final order of the Sec. retary. reviewable in the courts as other- wise provided by law. (3) The exercise of supervisory au- thority by the Secretary shall automati- cally vacate the initial decIsion and the final Departmental decision shall be is- sued by the Secretary of the Interior and served upon all parties in interest. (4) No petitioner-applicant or protest- ant to a proposed decision of a. State DI- rector to whom the provisions at this sec- tIon are appllcable shall be entitled to any administrative review other than that provided by this section nor to ap- No 35-Pt. II-2 FEDERAL REGISTER peal nnder provisions of Parts 1840 and 1850 of this chapter. (5) A final order of the Secretary, it' not vacated or modified by order of a court of competent jurisdiction, shall continue in fuIl force and effect so long as the lands remain subject to classifi- cation under the authorities cited in Sub- pal't 2410 until an authorized officer re- vokes or modifies it. Until it is so re- voked or modified, all applications and petitioner-applications for the lands not consistent with the classification of the lands WIll not be accepted, will not be considered as filed, and will be returned, together with 3J1Y payments submitted therewith. If the order is revoked or modified, the land will be opened to entry on an ~qual-opportunity basis after pub- lic notice in accordance with applicable regulations for the purpose for which it may be classified. Nothing in this sec- tion, howevel., shall prevent the Secre- tary of the Interior, personally and not through a delegate. from vacating or modifyi ng a final order of the Secretary, preserving the rjghts of a petitloner- applicant provided for by thIs section, for a period of 60 days starting from the date the order became final. ~ 2411.1-2 Speeiol procedures where proposed disposal c1119si6tolion ex- ceeds 2,560 acres. (a) Authority. Section 2 of the Classi- fication and Multiple Use Act of Septem- ber 19. 1964 (78 stat, 986.43 U's,C, 1412). requIres the Secretary of the Interior to take certain actions when he proposes the classification tor sale or other disposal under any statute of a tract of land in ex- cess of 2,560 acres. <b) Publication oj notice of. and pub- lic hearings on, proposed classification. The authorIzed omcer shall publish a notice of his proposed classification in the FEDERAL REGISTER and In a newspaper having general circulation in the area or areas in the vicinity of the affected land. The notice shall include the legal de- scription of the affected land, the law or laws under which the lands would be disposed of together with such other in- formation as the authorized o:lficer deems pertinent. CopIes at the notIce will be sent to the head of the governing body of the political subdivision of the State, if any, having jurisdiction over zonIng In the geographic area within whIch the affected lands are located, the governor of that State and the ELM multiple use advisory board In that State, the land- use planning officer ot the county and land-use planning committees, it any, in which the affected lands are located, the authorized user or users of the lands or their selected representatives, all peti- tioner-applicants Involved, and any other party the authorized officer de- termInes to have an interest in the proper use of the lands. The authorized officer will hold a publiC hearing on the proposal 1! the proposed classification will affect more than 100,000 acres or if he determines that sufficient public in- terest otherwise exists to warrant the time and expense of a public hearing. (c) Publication of notice of classifica- tion. After having consIdered the com~ ) 2391 menLs received as the result of publlca- tion, the authorIzed orocer may classify the lands any time after the expiration of sixty days following the publication of the proposed classification in the FED- ERAL REGI5TEB. The authorized officer shall publicize the classIfication jn the same maIlller as the proposed classifica- tion was publicized, indicating in the notice the di:lferences, if any, between the proposed clas5ification and the clas- sification. (d) Administrative review. For a period of sixty days after publication in the FEDERAL REGISTER of a notice of clas4 I sification for disposal pursuant tc ~ 2411.2-3, the classification shall be subject to the exercise of supervisory authority by the Secretary of the In- terior for the purpose of administrative review. If, sixty days from date of pub. lication, the Secretary has neither on his own motion, on motion of any pro. testant, or the State Director, exerciseC supervisory authority for review. thE classification shall become the final ordel of the Secretary, reviewable in the cour~ as otherwise prescribed by law. The ex. ercise of supervisory authorlty by th( Secretary shall automatically vacate thE classification and reinstate the proposec classification together with its segrega. tive effect. In this event final depart. mental decision shall be Issued by thE Secretary and pubUshed in the FEDERAl REGISTER. (e) Segregative effect of publication (1) Publication in the FEDERAL REGrSTE} of a notice of proposed classificatior pursuant to paragraph (b) of this sec. tion or of a notice of class1ftcaUon pur. suant to paragraph (c) of this sectior will segregate the affe<:ted land from al fonus of disposal under the pubUc lam Jaws, includIng the mining laws. How. ever, publication w1ll not alter the ap. pUcabIllty of the public land laws gOY. erning the use of the lands under lease license, or permit, or governing the dis. posal of their mineral and vegetativl resources, other than under the mlnin~ laws. (2) The segregative effect of a pro. posed classification will tenninate Ir one of the following ways: (1) Classification of the lands wlthil 2 years of publication of the propose( classification In the F!:DERAL REGISTER (Ii) Publicatlon In the FEDERAL REG. ISTER of a notice of termination of thl proposed classlficat1on; (iii) An Act of Congress: (iv) Expiration of a 2-year perlo( from the da te of pUblication of the pro. posed classification without continuo ance as prescribed by the Classifl.catiOl and Mutlple Use Act of September 19 1964 (78 Stat. 986, 43 U,S,C, 1411-18), 0: expiration of an addi t10nal period, no exceeding 2 years, If the required notiel of proposed contLnuance is given. (3) All segregative effect of a classi. ficatlon for sale or other disposal shal terminate in one of the following ways (1) Disposal of the lands: (i1) Publication in the FEDERAL REGIS' TER of a notice ot termination of thl classification; (ii1) An Act of Congress;