<br />0010117
<br />
<br />exchanges are contained In Subpart 2244
<br />of this chapter.
<br />(e) Section 2455 or the Revised Stat-
<br />utea, as amended (43 U.S,C. 1171>, au-
<br />thorizes the secretary of the Interior 1n
<br />his d1scretlon to order into markE..t and
<br />&'11 at pubUc auction Isolated or discon-
<br />nected tracts of public land not excet'd-
<br />tng J ,520 acres, and tracts not exceeding
<br />760 acres the greater part of whIch are
<br />mountainous or too rough tor cultiva_
<br />tion. The regulaUons governing such
<br />sales are contained in Subpart 2243 of
<br />this chapter,
<br />(d) Sectlon:3 of the Act of August 28.
<br />1037 (50 Stat. 875. 4J U.S.C. liSle). au-
<br />thorizes the Secretary of the Interior to
<br />dassUy. either on application or other-
<br />wise. and restore to homestead entry, or
<br />purcha.se under the provisIons of sec-
<br />tion 2455 of the Revl.sed Statutes. as
<br />amended. any of the re\'ested Oregon and
<br />CalIfornia Railroad or reeonveyed Coos
<br />Bay Wagon Road grant land which, In
<br />his judgment, is MOre suitable for agri-
<br />cul~ural use than for afforestation, re-
<br />forestation, strf'lI.m-flow protection, rec-
<br />reation, or other public purposes. The
<br />re~ulaUons governing- d~pcNi.al under this
<br />act are contained In Subpart 2243 of
<br />this chapter.
<br />Ie) The Small TJact Act of June 1.
<br />1938 (52 Stat. 609), as a.mended (43
<br />U.S,C. ~), authorizes the Secretary
<br />of the Interior, in his discretion, to lu,se
<br />or .sell certain c!a8S('S of public lands
<br />which he classifies as chieny valuable for
<br />residence, recreation, buslrll>S5 or com-
<br />munity site purposes, The regulations
<br />governlnR lea.sea and sales under this act
<br />are contained in SUbpa.rt 2233 of this
<br />chapter.
<br />It) TIle Recreation and Public Pur-
<br />poses Act ot June 14, 1926 (44 Stat. 7411,
<br />8.8 amended (43 U.S.C.869-869-4l. re-
<br />Quires the Secretary of the Interior, In
<br />the f'xercl5e of his discretion w mak.e
<br />11 detenninatlon that land Is w be used
<br />for an established or definitely proposed
<br />projeet, and in the ca.se of Alaska au-
<br />thor1zes him to classUy certain classes
<br />of public lands for lease or sale tor rec~
<br />reaUon or other publ1c purposes. The
<br />regulations go~.emlng lease and sale of
<br />land underthls act are contained In Sub-
<br />part 2232 of tht.s chapter.
<br />(g) 'I'tte Act of July 31, 1939 153 Stat.
<br />11441. authorizes. and empowers the Sec-
<br />rt'tary ot the interior. In the administra-
<br />tion of the Act of August 28. 1937
<br />lsupra), in hls d1sC'retion, to exchange
<br />any land formerly granted to the Oregon
<br />&: Callfornia Rallroad CO" title to which
<br />was re~'ested in the United States. pur-
<br />suant to tile provisions ot the Act of June
<br />9. 1916 139 Stat, 218), and any land
<br />granted to the State of Oregon. title to
<br />which was reconvf'yed to the United
<br />States by the SOuUlern Oregon Co. pur-
<br />sua.nt to the proV1.~lons of the Act of
<br />February 26, 1919 <40 Stat. 1179), for
<br />lands of approximately equal aggregate
<br />value held in private. State, or county
<br />O'lliT\enhip, either \l,ith1n or contiguous
<br />to the fomler 11mJts of such grants, when
<br />by such acUon the Secretary of the In-
<br />terior w1lI be enabled to consolidate ad-
<br />~'antageously the holdings of lands ot
<br />
<br />RULES AND REGULATIONS
<br />
<br />the United States. The regulations gov-
<br />em1ni exchanies under tb1s act are eon-
<br />tained in Subpart 2244 of this chapter.
<br />lh) The Alaska Public Sales Act of
<br />August 30, 1949 (63 Stat. 1579>. as
<br />a.mended (48 US.C. 364a-f), authorizes
<br />the Settetary ot the Interior In his dis-
<br />cretion to classify certain classes of pub_
<br />lic lands in Alaska for public sale for in.
<br />dustrla1 or commercial purposes. The
<br />regulations governing sales of land under
<br />this act are contained in Subpnrts 2241
<br />and 2245 of this chapter.
<br />III The Public Land Sale Act of SeP-
<br />tember 19, 1964 (78 stat. 988. 43 UB.C.
<br />1421-271. authorlzl.'s and directs the sec-
<br />retary of the Interior to sell public lands
<br />in tracts not exceeding 5,120 acres, that
<br />have been ciasstfled for sale In accord-
<br />ance with a determination that (1' the
<br />lands are required for the orderly grov."th
<br />and de~'elopment of a community or (2)
<br />the lands are chlenr valuable for re~~
<br />de-nUa1. commercial, agricultural (which
<br />does not include lands chteOy valuable
<br />tor grazing or mlslng forage crops), In-
<br />dustrial, or publlc uses or development,
<br />The regulations go~.ernlng such sales are
<br />contained In Subpart 2243 of this chap-
<br />,''',
<br />\j1 The Classlftcatlon and Muitiple
<br />Use Act of September i9. 196" l'i8 Stat.
<br />986,43 U.s.C. 1411-181, authorlZl"s the
<br />Secretary of the Interior to determine
<br />whIch of the public 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 lAlnd Management shall be (1 I sold
<br />because they .are III requ1red for the
<br />orderly Browth and development of a
<br />community or lin are chiefly valuable
<br />for residential. commerc1al. 8jJr1cultural
<br />(whh:h does not Include lands chtefly
<br />valuabie for grazing or rals1ni forage
<br />crops), industrial. or publlc US('S or de-
<br />velopment or C21 retained, at least for
<br />the time being. in Federal ownership
<br />and mana~ed for HI domestic livestock
<br />Brazing, (U) fish and wildlife de~.e1op-
<br />ment and utlHzatlon, Ull) industrial de-
<br />vt"lopment, <IV) mineral producUon, (v)
<br />occupancy. lvl) outdoor recreation, (vii)
<br />Umber production. (vtU) watershed pro-
<br />tection, (1xl wilderness preM'rvatlon, or
<br />(x) pre:lf'rvatlon of publlc values that
<br />would be lost It the land passed from
<br />Federal ownership.
<br />S 2\10.0.-1 H"'I...n.i1,i1ili..~,
<br />Except where speclfled to the contrary
<br />In this part, the authority of the Secre-
<br />tary ot the Inlerlor to classl1y lands and
<br />make oUler determinations In acoord-
<br />ance with the regulations of this part bas
<br />been delegated to peroons authorized to
<br />act In his name; to the Director. Bureau
<br />of Land Management and Pt'rsons au-
<br />thorized to act In his name; to State
<br />Directors of the Bureau or Land Man.
<br />agement and to any person authorized to
<br />actin the name of a 6tateDlrector.
<br />fi ~110.ll-5 D{'finili.....M,
<br />Ai; used In the regulations ot this
<br />part-
<br />(8) "Residential" refers to single or
<br />multi-family dwellings or combl.naUofUI
<br />
<br />12917
<br />
<br />thereot, and related community faclll.
<br />ties. both seasonal and year-round,
<br />(bl "Commerdal" refers to the saJt",
<br />exchange, or distrIbution of iQOds and
<br />services.
<br />(c) "Industrial" refers to the manu-
<br />facture, processing, and tasting of Soods
<br />and materials, including the production
<br />ot power. It does not reler to the grow-
<br />lq&: of agricultural crops., or the raising
<br />of livestock, or the extractIon or sever-
<br />ance of raw materials from the land be-
<br />Ing clas.<UOed, but it does include actlvl-
<br />ties incidental thereto.
<br />jd> ",.-.grlcultural" refers to the grow-
<br />!JIg of culUvated croPS,
<br />Ie) "Community" refers to a village.
<br />to\li1l or city, or s.Imllar subdivision of a
<br />State, whether or not tncorpora.ted.
<br />(t) "Domestlc lIvt'5tock" refers to
<br />cattle, horses, sheep, goats and other
<br />grazing animals owned by livestock
<br />operators, provIded sucb operators meet
<br />the Quallficatlon set forth in f 4111.1_1
<br />or 14131,1-3 of this chapter. This den~
<br />niUon mc1udes animals raised for com-
<br />mercIal purposes and also "domestic
<br />Ih'e.stock" wlthln the meaning of
<br />i Ul1.3-l(d)(l) of thU chapter.
<br />fa) "Fish and wl1dllle" refers to game.
<br />fish and other wlid animals native or
<br />adaptable to the public lands and waters.
<br />(hI "Mineral" refers to any substance
<br />that n) 15 r('OOi1lized as mIneral, ac-
<br />cording to Its chemical composition, by
<br />the 6ta.ndaJd authorities on the subject,
<br />or (2) fa classified a.s mineral product In
<br />trade or commerce, or (31 pO&~sses eco-
<br />nomlc value for use in trade, manufae-
<br />Lurf', the sciences, or In the mechanlcal
<br />or ornalllf'ntal arts.
<br />m "Occupancy" refers to use of lands
<br />as a site for any tn>e of useful structure
<br />whAtsoe\'er.
<br />(j) "OuWoor recreation" Includes,
<br />but Is not limited to, huntin&", fishing,
<br />trapping, photography, horseback rid-
<br />ing, picnicking, hI.1d.nr, camping, swIm-
<br />ming. boattne. rock and mineral collect-
<br />Ing, sightseeing, mountain climbing, and
<br />skIing.
<br />Ik) "TImber production" refers to the
<br />KTo'\lo1h of trees In for~ and woodlands.
<br /><11 "Watershed protection" refers to
<br />maintenance of the stabll1ty of son and
<br />soll <<Wet and the control of the natural
<br />nowof water.
<br />(m) "Wilderness" refers to areas In a
<br />native condition or reverted to a native
<br />condition, sub6tantially free of man-
<br />made struclures and human habitation.
<br />(n) "Publ1c "lue" reters to an as:>et.
<br />held by, or a service pertormed for, or a
<br />benefit accruing to the people a.t larae.
<br />(0) "Multiple use" m~n8 the manage-
<br />ment ot the various slU'face and subsur-
<br />face resources so that they are utlllz.ed in
<br />the combination that will best meet U1C
<br />present and future needs of the AlDerl.
<br />can people: the most. JUd1elous UM' of the
<br />land for some or all of these resources or
<br />related servIces o\.cr areas large E'oough
<br />to provide sumctent latitude for periodic
<br />adjustments In use t.o conform to chang-
<br />ing needs and conditions: the use of some
<br />land for less than aU of the resources'
<br />and harmonious and coordlna led man:
<br />agement of the various resources, each
<br />
<br />I
<br />
<br />I
<br />
<br />I
<br />
<br />fEOUAt IEGlstEt, \tOl. 30, NO. 196--SAtUtOAY. Oel0lU 9, 1965
<br />
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