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<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 />