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<br />RULES AND REGULATIONS
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<br />Rules and Regulations
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<br />Title 43-PUBLlC LANDS:
<br />INTERIOR
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<br />Chapler II-Bureou of land Mon(Jge~
<br />ment, Department of the Interior
<br />SUBCliAPTU "---GENEU.l MANAGEMENJ
<br />SUBCHAPTER 8-lAND UNURE MANAGEMENJ
<br />[C1reul&.r2201j
<br />PAin 1720-PROGRAMS AND
<br />OBJECTIVES
<br />Subpart 1725--Progtom Polity
<br />PART 2240-5ALES AND EXCHANGES
<br />Subpart 224~Publi( Sales
<br />PART 2410-lAND CLASSIFICATION
<br />SUbPOft 2410--Lond Clouificotion;
<br />General
<br />Subpart 2411-Procedures
<br />On paC"es 2384-2392 of the F'l:.DEJU,L
<br />RIlOlSTER. of February 20. 1965, thl're were
<br />published noUces and texu; of proposed
<br />addItions to and revisions of Subchap-
<br />t.ers A and B of Chapter n, Title 43, Code
<br />ot Federal Regulatlon.,>.
<br />These additions and revisions were:
<br />1. Addition to Subchapter A of Part
<br />Ino-Programs and ObJedivcs constsf.~
<br />lng of Subpart 1725--Progam Policy.
<br />Th1s addition estabUshes basIc policy of
<br />Ule Department. of the Interior tor the
<br />disposItion and mulUple u..o;e manage-
<br />ment of pubUc lands administered by
<br />the Bureau of Land Management.
<br />2. Rev1s1on ot Subpart 2243. Part 2240,
<br />Subchapter B to provtde regulations
<br />necessary to tmplementthe Public Land
<br />Sale Act of september 19, 1964 (78 Stat.
<br />988,43 U..8.C, 1421-27), which authorizes
<br />the sale of public lands that are required
<br />for the orderly growth and development
<br />of a community or whIch are chiefly
<br />valuable tor residential, commercial, agri-
<br />cultural (e;\:clu.s1ve of land chiefly valu-
<br />able tor grazing and raising forage
<br />croP6) , bldustrtal. or pubUc uses or
<br />de\'elopment.
<br />3. Revlsjon of Part 2410 to prescribe
<br />regulations conta1:nJng criteria and pro-
<br />cedures by which the Secretary \\111 de-
<br />term1ne which of the public lands. In-
<br />cluding those situated in the State of
<br />Alaska, exclusIvely administered by him
<br />through the Bureau of Land Manage-
<br />ment. shall be: lal SOld because they
<br />are (1) required for the orderly growth
<br />and development of a community. or (21
<br />are chiefly valuable for residential. com-
<br />mercial, agricultural (exclusive of lands
<br />chieflY nluable for grazing and rnl!<1ng
<br />forage crops), industrial. or public uses
<br />or de\"elopment: or (bl retained, at least
<br />for the time being, In ~deral ownership
<br />and managed for (1) domestic livestock
<br />gJazlrur, <:n ft.ID and \\lIdllfe develop-
<br />ment. (31 Industrial devE"lopment, (4)
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<br />mineral production, (5) occupancy. (6)
<br />out.dooor recreation, (7) timber produc-
<br />tion, (I) watershed protection, (9) wU-
<br />derness protection, or (11)) preservation
<br />of pubIJc values that would be lost If the
<br />land passed from F\)deral ownership.
<br />Interested persons were Invited to par-
<br />ticipate In the consideration of the
<br />propol5ed rellulatlonB by presenting Ulelr
<br />views. data, or arguments In writing on
<br />or before March 23, 1965, or by present-
<br />ing their views orally or in writing at a
<br />publIc hearing held on March 25. 1965.
<br />in the auditorium of the Department of
<br />the Intcrl.or, Washington. D.C.
<br />The February 20. 1965, notice also In.
<br />dlcated that the Department might hold
<br />one or more public hearings In one or
<br />more of !.he Western States. Such hear-
<br />ings were held at: Tw1n Falls, Idaho, on
<br />April 9. 1965: Reno, Nev., on Aprtl 12,
<br />1965; Phoenix, Ar12" on April 13, 1965:
<br />lUbuQuerque, N. Mell., on AprU 14, 1965;
<br />and Grand JunctIon, COlo" on April 16,
<br />1965.
<br />AU conunents received have been care-
<br />fully ooll51dered. The following sug-
<br />gested changes are being Incorporated
<br />into the regulations:
<br />I, Section 1725,1 Is revbed to read as
<br />folJo"'.s: "Pending claa;ifleatlon author-
<br />17.ed by Ule Classification and Multiple
<br />Use Act (78 Stat.. 986, 43 U.S.C. 1411-181
<br />or other available authority, all lands
<br />ndminIstered by the secretary throuRh
<br />the Bureau of Land Management wtll
<br />continue to be admInistered for multiple
<br />use and sustained yIeld of the several
<br />productJ; a.nd 6ervlces obta.inable there-
<br />frOfJl." _
<br />'2, The first paragraph of f 1725.2-11..s
<br />revised to Include "scrip, lands. or other
<br />property" as form.s of consideration for
<br />txansfer of pubUc lands out of Federal
<br />ownership.
<br />3. The second sentence of f 1725.3-1 Is
<br />revised to read as follows: "The $ecJe-
<br />tary or his delegate ....111 authoriZe, under
<br />applicable authority, that use or combl-
<br />natlon of uses which will best. achieve
<br />the objectives of multiple use. takIng Into
<br />conslderatlon all pertinent factors. In-
<br />cludlng, but not Umlted to, ecology, exist-
<br />Ing uses. and the rela.tlve values of the
<br />V1I.rlous resources In particular arc-as."
<br />4. The words "States" and "local gov-
<br />ernments., are Insertt!d betweE"n "of" and
<br />"public" In 11725.3-2(b) In order to
<br />prmide for coordlnation and eoopera-
<br />Uon with those entities. as well as others
<br />previously listed. 1n the condltCt of mul-
<br />tiple use management of public lands.
<br />5. A new f 1725.J--3--Components of
<br />Multiple Use Management. Is added,
<br />This section deflnE"s the scope of the ten
<br />objectives of public land management
<br />Usted In the ClaSl>lfieation and ~Iultlple
<br />Use Act,
<br />6. The follOWing sentence is added t.o
<br />paragraph (a) of 12243.2--1: "The au-
<br />thority t-o make such sales shall ellplre
<br />on June 30, 1969. except that sales con-
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<br />centing which notice has been riven ill
<br />a.c.cordance w1th I 3 of !.he Act prior to
<br />June 30, 1969, may be consummated and
<br />patE'nta Issued in connection therewith
<br />alter June 30, 1969." Thls is the lan-
<br />guage of section 7 of the Public Land
<br />Sale Act.
<br />7. The third. fourth, and flflb sen-
<br />tences of ~ 2243.2-Hbl are revised to
<br />read as follows: "sales of lands requlred
<br />for the orderly growth and development
<br />of a community will be deferred until
<br />local !!overnmental compreh('JlBive plans
<br />have been adopted and zonIng regula-
<br />tions are In effect. Sales of lands not
<br />required for the orderly gro-wth and de-
<br />\'elopment. of a communlty IJUlY be made
<br />where, after consultation with appro-
<br />priate local plann1ng and governing of-
<br />ficials, the authoriZed officers det.etm.ine
<br />that adequate zoning regulations exist
<br />and the dlspasaJ. would be consistent
<br />with the objectives of the local govern-
<br />ments involved."
<br />8. The se(.'Ond sentence of !I 2410.1-1
<br />tb) Is re\1sed to read as follows.: "Long-
<br />term public needs wUl be weighed against
<br />more immediate or local n~. The
<br />tract- \10111 then be clas.~lfied in a manner
<br />which will best promote the public In-
<br />terC$t,"
<br />9. To conform with the language of
<br />U\a Public Land Sale Act, the words
<br />"urban purposes or for Intensive-use
<br />purposes" in J 2243.2-3(d> 0) are re\.1sed
<br />to read "the orderly growth and devel-
<br />opment of a communIty or are chiefly
<br />valuable for residential. commercial,
<br />agricultural texclush'e of lands chIefly
<br />valuable for grazing and raising forage
<br />crops). industrial. or pubUc uses or de-
<br />velopment."
<br />10. Para.raph lal of J 2243.2-4 is re-
<br />vised to permit the authorized oMcn to
<br />issue the noUce required by section 2 of
<br />!.he Public Land Sn.le Act before the
<br />lands Im'olved are fonnally classified.
<br />11. Paragraph (b) of f 2243.2-6 15 re-
<br />vlsed to add a cross-reference to the seg-
<br />ngatlon provisions. of 1 2411.1_2(e) .
<br />12. Paf8.iraph (c) of f 2243.2-6 Is re-
<br />\.1sed to indlcate that where tracts of
<br />2.560 acres or less are Involved, the land.'J
<br />wtll be segregated by notaUon on the
<br />land omce records of a propQ&e(i elassl.f1-
<br />caUon or c1assiftcation for sale undcr the
<br />Publ1c Land Sale Act.
<br />13. The following sentence Is added to '
<br />f 2410.0-2: "Nothing In these regulations
<br />is meant to affect appUcable State laws
<br />governing the appropriation and use of
<br />water, regulation of hunting and fishing.
<br />or exercise of any police power of the
<br />Stau-." Thb addition Is designed to
<br />make it clea.r that classifications made
<br />pursuant to these regulations do not af-
<br />fect the appl1cabillty of StatE' laws.
<br />14. The definition of "residential" In
<br />12410.0-5(a) Is revised to read as fol-
<br />lows: .. 'Residential' refers to single or
<br />multifamIly dwellings, or combination
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<br />fEOUAt UGISTU, VOL, 30. NO. 196-SAJUIlOAY, O(JOBU 9, 1965
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