(5) The effect of the disaster on performance under the lease, license, permit, contract, or entry.

(6) An estimate of the time which will be needed to overcome the delay in performance caused by the disaster.

(7) Steps taken or to be taken to overcome the effects of the disaster and to assure that an extension of time will permit completion of performance.

§ 1815.1-3

Requirements for relief.

The authorized officer may grant relief where the following conditions are met: (a) The obligations or work required by the lease, license, permit, contract, or entry were prosecuted timely and with due diligence up to the time of the occurrence of the disaster;

(b) The disaster which impeded prosecution of the work was a major disaster as defined in section 2 of the Act (80 Stat. 1316).

(c) The granting of relief by an extension of time will not prejudice the rights of other parties; and

(d) The granting of relief by an extension of time will not adversely affect the public interest.

§ 1815.1-4

Length of extension of time.

(a) The length of extension of time granted will be determined by the circumstances in each case. Consideration will be given to the condition in which the disaster left the applicant or the land involved, and sufficient time will be given to allow the applicant to fulfill the requirements of his lease, license, permit, contract, or entry.

§ 1815.2 Timber sale contracts-Disaster Relief Act of 1969.

[35 F.R. 15997, Oct. 10, 1970]
§ 1815.2-1 Relief granted.

(a) Where an existing timber sale contract does not provide relief to the timber purchaser from major physical change which is not due to negligence of the purchaser prior to approval of construction of any section of specified road or other specified development facility and, as a result of a major disaster a major physical change results in additional construction work, the United States will

bear a share of the increased construction costs. The United States' share will be determined by the authorized officer as follows:

(1) For sales of less than 1 million board feet, costs over $1,000;

(2) For sales of from 1 to 3 million board feet, costs over the sum of $1 per thousand board feet;

(3) For sales of over 3 million board feet, costs over $3,000.

(b) Where the authorized officer determines that the damages caused by such major physical change are so great that restoration, reconstruction, or construction is not practical under this costsharing arrangement, he may cancel the timber sale contract notwithstanding the provisions therein.

[35 F.R. 15997, Oct. 10, 1970]

ager; limitations. Payment for republication

notice.

Frequency of publication.

Subpart 1825-Relinquishments

of

When relinquished land becomes subject to further appropriation. 1825.2 Relinquishment of right-of-way. Subpart 1826-Reinstatement of Canceled Entries 1826.1 Application for reinstatement.

Subpart 1821-Execution and Filing of Forms

AUTHORITY: The provision of this Subpart 1821 issued under R.S. 2478; 43 U.S.C. 1201.

SOURCE: The provisions of this Subpart 1821 appear at 35 F.R. 9514, June 13, 1970, unless otherwise noted.

§ 1821.1 Names of claimants.

Full names of claimants must appear in applications, final certificates, and patents.

§ 1821.2 Office hours; time and place for filing.

§ 1821.2-1 Office hours of land offices; place for filing.

(a) Land offices and the Washington office of the Bureau of Land Management are open to the public for the filing of documents and inspection of records during the hours specified in this paragraph on Monday through Friday of each week, with the exception of those days where the office may be closed because of a national holiday or Presidential or other administrative order. The hours during which the land offices and the Washington office are open to the public for the filing of documents and inspection of records are from 10 a.m. to 4 p.m., standard time or daylight saving time, whichever is in effect at the city in which each office is located.

(b) Applications to make entry cannot be received by the manager out of office hours, nor elsewhere than at his

ments.

(a) The manager will reject all applications to make entry which are executed more than 10 days prior to filing.

(b) Such rejections should be subject to the right of appeal and the right to file a new and properly executed application, or to reexecute the rejected application, without priority.

(c) The manager will accept as filed within the time named in paragraph (a) of this section all applications to enter which were deposited in the mails within 10 days from the date of execution.

(d) Any document required or permitted to be filed under the regulations of this chapter, which is received in the land office or the Washington office, either in the mail or by personal delivery when the office is not open to the public shall be deemed to be filed as of the day and hour the office next opens to the public.

(e) Any document required by law, regulation or decision to be filed within a stated period, the last day of which falls on a day the land office or the Washington office is officially closed, shall be deemed to be timely filed if it is received in the appropriate office on the next day the office is open to the public.

(f) Except when (c) of this section is applicable, filing is accomplished when a document is delivered to and received by the proper office. Depositing a document in the mails does not constitute filing.

(g) When the regulations of this chapter (except Parts 1849 and 1850) provide that a document must be filed or a payment made within a specified period of time, the filing of the document or the making of the payment after the expiration of that period will not prevent the authorized officer from considering the document as being timely filed or the payment as being timely made except where:

So.

1. The law does not permit him to do

2. The rights of a third party or parties have intervened.

3. The authorized officer determines that further consideration of the document or acceptance of the payment would unduly interfere with the orderly conduct of business.

mination of order of priority.

(a) Two or more documents are considered as simultaneously filed when:

(1) In accordance with the regulations in § 1821.2-2, they are delivered to and received by the proper office at the same time; or

(2) They are filed pursuant to an order which specifies that documents delivered to and received by the proper land office during a specified period shall be considered as simultaneously filed.

(b) Whenever it is necessary, for the purposes of the regulations in this chapter, to determine the order of priority of consideration among documents which have been simultaneously filed, such order of priority will be established by a drawing open to public view.

(c) Nothing in this regulation shall be construed as denying any preference right granted by applicable law or regulation or as validating any document which is invalid under applicable law or regulation.

§ 1821.2-4 Use of certified mail.

Certified mail as outlined in 39 CFR Part 58, may be used in lieu of registered mail in public land matters within the jurisdiction of the Department of the Interior except where use of registered mail is specifically required by statute. § 1821.3 Oaths.

1821.3-1 Elimination of the require

ments.

Written statements in public land matters under the jurisdiction of the Department of the Interior need not be made under oath unless the Secretary in his discretion shall so require (43 U.S.C. 1211). All written statements in public land matters within the jurisdiction of the Department of the Interior required prior to June 3, 1948, by law, or Chapter I of this title, to be made under oath, need no longer be made under oath, except as provided in this paragraph.

(1) Affidavits must be furnished where required by Parts 1840 and 1850.

(2) Final proofs required by R.S. 2294 (43 U.S.C. 254). (See §§ 1821.3-2, 2511.3-4 and 2521.6(d) of this chapter. (3) Statements as to the financial worth of individual sureties on bonds furnished in connection with leases, licenses or permits granted under the public land