(5) The names and addresses of three persons to whom reference may be made as to applicant's reputation and business standing and as to his ability, both from a financial standpoint and otherwise, to carry out the contemplated project.

(6) The period of time for which the lease is desired, not to exceed 20 years, and the purpose for which the lease is sought, whether for the erection of a bathhouse, hotel, or other improvement for the accommodation of the public. It is important that the application should specify all purposes for which it is intended or desired to use the land, as a lease, if issued, will authorize the use of the land only for the purposes specified in the application, and its use for any other purpose will not be permitted. Thus, if an applicant for a hotel in addition to using the land for ordinary hotel purposes, wishes to operate a billiard hall or moving-picture theater, etc., on the land, that fact should be disclosed in the application.

(7) Details as to the proposed improvements, including the estimated cost of construction and of subsequent maintenance; also the time when construction work will begin and when it will be completed, if the proposed lease is granted.

(d) Granting of lease is discretionary. The granting of an application for lease is discretionary, and any application may be granted or denied in part or in its entirety as may appear to be warranted in the particular case.

(e) Authority of the manager to regulate prices. All leases issued under the act of March 3, 1925, will contain stipulations authorizing the manager to fix the rates and prices for accommodations and services whenever this is deemed necessary. The charges which may be made may or may not be regulated by the manager as may be deemed proper in the particular case.

(43 Stat. 1133; 43 U.S.C. 971)

Subpart 2313-Stock Driveways

SOURCE: The provisions of this Subpart 2313 appear at 35 F.R. 9554, June 13, 1970, unless otherwise noted.

§ 2313.0-3 Authority.

The reservation of driveways for stock provided for in section 10 of the act of December 29, 1916 (39 Stat. 865; 43 U.S.C. 300) will be considered on application of parties interested on recommendation of other departments of

the Government, or on the reports of agents of this Department. Lands withdrawn for driveways for stock or in connection with water holes can not thereafter be entered.

§ 2313.1

Application for stock-driveway withdrawal.

(a) Upon the receipt in the proper land office of a duly executed application, in duplicate, for the withdrawal of public lands for a stock driveway by responsible parties in interest, the lands described therein shall be segregated from disposition temporarily, pending final action thereon by the Bureau of Land Management.

(b) Pending and during such temporary segregation, applications to enter or select any affected lands may be received and suspended.

(c) Lands withdrawn for driveways for stock or in connection with water holes are not subject to entry or disposition, and applications for the acquisition of lands so withdrawn will be rejected by the manager. Applications for the exchange of such lands, which show that they are filed pursuant to a program for the improvement of stock driveways, and applications to lease or use such lands under any appropriate public land law, until such time as they may be needed for the purposes of the withdrawal, and where the proposed use will not interfere with such purpose, will receive consideration.

Subpart 2317-Public Aviation Fields

SOURCE: The provisions of this Subpart 2317 appear at 35 F.R. 9554, June 13, 1970, unless otherwise noted.

§ 2317.0-3 Authority.

(a) The act of May 24, 1928 (45 Stat. 728; 49 U.S.C. 211), as amended, authorizes the Secretary of the Interior to withdraw lands for beacon lights and other air-navigation facilities, under such rules as he may prescribe.

(b) Under the authority given to the President by the act of June 25, 1910 (36 Stat. 847; 43 U.S.C. 141, 16 U.S.C. 471) to withdraw lands for public purposes, withdrawals may be made for beacon lights, emergency or intermediate landing fields, and terminal airports.

§ 2317.0-7 Cross references.

To the extent applicable, the procedures in Part 2350 of this chapter shall apply.

(a) Withdrawals under the act of May 24, 1928 (45 Stat. 728; 49 U.S.C. 211) may be made on motion of the Bureau of Land Management, or upon application of the Federal Aviation Agency or any other Federal agency, or the lessee of a terminal airport or the applicant for such a lease.

(b) In addition to the requirements of Part 2350 of this chapter, all applications for withdrawal shall contain a statement by the authorized officer of the Federal Aviation Agency as to the need and feasibility of the facility for which the withdrawal is requested.

AUTHORITY: The provisions of this Subpart 2322 issued under sec. 10, 32 Stat. 390, as amended; 43 U.S.C. 373.

SOURCE: The provisions of this Subpart 2322 appear at 35 F.R. 9555, June 13, 1970, unless otherwise noted.

§ 2322.0-3 Authority.

Section 3 of the act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 416), provides for the withdrawal of lands from all disposition other than that provided for by said act. Since the passage of the act of June 25, 1910 (36 Stat. 835; 43 U.S.C. 436, 437), lands withdrawn as susceptible of irrigation are open to settlement or entry only when approved farm-unit plats have been filled and water is ready to be delivered to the land in said farm units or some part thereof and such fact has been announced by an

authorized officer, except as provided by the act of February 18, 1911 (36 Stat. 917), as amended by section 10 of the act of August 13, 1914 (38 Stat. 689; 43 U.S.C. 436, 437). Where settlements had been affected in good faith prior to June 25, 1910, on lands embraced within second-form withdrawals, persons showing such settlement are entitled to complete entry in the manner and within the time provided by law. The Reclamation Act of June 17, 1902, and acts amendatory thereof or supplementary thereto are hereinafter referred to generally as the reclamation law.

§ 2322.0-5 Definitions.

(a) Forms of withdrawal. There are two classes of withdrawals authorized by the act, one commonly known as "withdrawals under the first form," which embraces lands that may possibly be needed in the construction and maintenance of irrigation works, and the other commonly known as "withdrawals under the second form," which embraces lands not supposed to be needed in the actual construction and maintenance of irrigation works, but which may possibly be irrigated from such works. § 2322.0-7 Cross references.

(a) For regulations concerning rights-ofway for ditches or canals, see Subpart 2871.

(b) For the Bureau of Reclamation regulations relating to the filing of farm-unit plats, see Part 401 of this title.

(c) For mineral locations and entries in reclamation withdrawals, see § 3816.1 of this chapter.

(d) For conformation to farm units, see § 2515.5.

(e) For cancellations, see Subpart 1826 of this chapter. § 2322.1

Effect of withdrawals.

§ 2322.1-1 Under first form.

After lands have been withdrawn under the first form they cannot be entered, selected, or located in any manner so long as they remain so withdrawn, and all applications for such entries, selections, or locations presented after the date of such withdrawal should be rejected and denied. Any withdrawal otherwise valid shall not be affected by failure to note same on tract book or otherwise follow usual procedure. (42 L.D. 318.)

§ 2322.1-2 Effect of withdrawals under second form.

Lands withdrawn under the second form and becoming subject to entry in

the manner provided by section 10 of the act of August 13, 1914 (38 Stat. 689; 43 U.S.C. 436, 437), can be entered only under the homestead laws and subject to the provisions, limitations, charges, terms, and conditions of the reclamation law, and all application to make selections, locations, or entries of any other kind on such lands should be rejected, except that where settlement rights were acquired prior to the withdrawal and have been diligently prosecuted and the homestead law complied with, the settler will be entitled to make and complete his entry subject to all the charges, terms, conditions, limitations, and provisions of the reclamation law. (See Sarah E. Allen, 44 L.D. 331.) No person will be permitted to gain or exercise any right whatever under any settlement or occupation begun after withdrawal of the land from settlement and entry.

§ 2322.1-3

Claims initiated prior to withdrawals; reservation for ditches or canals.

Withdrawals made under either of these forms do not defeat or adversely affect any valid entry, location, or selection which segregated and withheld the lands embraced therein from other forms of appropriation at the date of such withdrawal; and all entries, selections, or locations of that character should be permitted to proceed to patent or certification upon due proof of compliance with the law in the same manner and to the same extent to which they would have proceeded had such withdrawal not been made. All lands, however, taken up under any of the land laws of the United States subsequent to October 2, 1888. are subject to rights-of-way for ditches or canals constructed by authority of the United States (act of Aug. 30, 1890, 26 Stat. 391; 43 U.S.C. 945). § 2322.1-4

plats.

Effect of filing of farm-unit

Where an authorized officer by the approval of farm-unit plats has determined or may determine, that the lands designated thereon are irrigable, the filing of such plats in the Bureau of Land Management and in the land offices is to be regarded as equivalent to an order withdrawing such lands under the second form, and as an order changing to the second form any withdrawals of the first form then effective as to any such tracts. This applies to all areas

shown on the farm-unit plats as subject to entry under the provisions of the reclamation law or as subject to the filing of water-right applications, and to all farm units to which an authorized officer has announced that water is ready to be delivered.

§ 2322.2

Payment for lands acquired.

If any lands embraced in any unapproved or uncertified selection are needed in the construction and maintenance of any irrigation works (other than for right-of-way for ditches or canals reserved under act of August 30, 1890, 26 Stat. 391; 43 U.S.C. 945) under the reclamation law, payment therefor will be made upon agreement of the owner with the representative of the Government as to the value of the land and the improvements thereon. Where the owner of the land and the representative of the Government fail to agree as to the amount to be paid therefor, the same shall be acquired by condemnation proceedings under judicial process, as provided by section 7 of the Reclamation Act of June 17, 1902 (32 Stat. 389; 43 U.S.C. 421).

§ 2322.4 Effective dates of withdrawals and restorations.

(a) All withdrawals become effective on the date upon which they are ordered and all orders for restorations on the date they are received in the land office unless otherwise specified in the order. (George B. Pratt et al., 38 L.D. 146.)

(b) Upon the cancellation of an entry covering lands embraced within a withdrawal under the Reclamation Act such withdrawal becomes effective as to such lands without further order. (See Cornelius J. MacNamara, 33 L.D. 520.) Such lands under first-form withdrawal cannot therefore, so long as they remain so withdrawn, be entered or otherwise appropriated, either by a successful contestant or any other person.

Subpart 2325-Bureau of Indian
Affairs

SOURCE: The provisions of this Subpart 2325 appear at 35 F.R. 9556, June 13, 1970, unless otherwise noted.

§ 2325.1 Designation of Indian reservations in Alaska.

(a) The inherent power conferred upon the Secretary of the Interior by section 441, Revised Statutes (5 U.S.C. 485), to supervise the public business relating to

the Indians includes the supervision over reservations in the State of Alaska created in the interest of the natives and the authority to lease lands therein for their benefit. Opinion of the solicitor, May 18, 1923 (49 L.D. 592).

(b) The act of May 1, 1936 (49 Stat. 1250; 48 US.C., Sup., 358a, 362) extends certain provisions of the act of June 18, 1934 (48 Stat. 984; 25 U.S.C. 461-479), known as the Wheeler-Howard Act, to Alaska, and provides for the designation of Indian reservations in the State.

(c) The act of May 31, 1938 (52 Stat. 593; 48 U.S.C. 353a), authorizes the Secretary of the Interior in his discretion to withdraw, subject to any valid existing rights, and permanently reserve, smali tracts of not to exceed 640 acres each of the public domain in Alaska, for schools, hospitals, and such other purposes as may be necessary in administering the affairs of the Indians, Eskimos, and Aleuts of Alaska.

(R.S. 2478, 34 Stat. 197; 43 U.S.C. 1201, 48 U.S.C. 357)

entry, location, or other disposal under the laws of the United States, until otherwise directed by the Federal Power Commission or by Congress. It also provides that whenever the Commission shall determine that the value of any lands withdrawn or classified for power purposes will not be injured or destroyed for such purposes by location, entry or selection under the public land laws, the Secretary of the Interior shall declare such lands open to location, entry or selection under such restrictions as the Commission may determine, and subject to and with a reservation of the right of the United States or its permittees or licensees to enter upon, occupy and use any or all of such lands for power purposes. Before the lands are declared open to location, entry or selection, the Secretary of the Interior must give notice of his intention to make such declaration, to the Governor of the State within which such lands are located, and the State shall have a preference for a period of 90 days from the date of such notice to file under any applicable law or regulation, an application for the reservation to the State, or any political subdivision thereof, of any lands required as a right-of-way for a public highway or as a source of materials for the construction and maintenance of such highways.

(b) The act of August 11, 1955 (69 Stat. 681; 30 U.S.C. 621). The Act opened lands then, theretofore or thereafter withdrawn or classified for power purposes, with certain specified exceptions, to mineral location and development under certain conditions.

§ 2344.1 Lands considered withdrawn or classified for power purposes.

The following classes of lands are considered as withdrawn or classified for power purposes for the purposes of section 24 of the Federal Power Act: Lands withdrawn for powersite reserves under the act of June 25, 1910 (36 Stat. 847) as amended by the act of August 24, 1912 (37 Stat. 497; 43 U.S.C. 141-143); lands included in an application for power development under the Federal Power Act; lands classified for powersite purposes under the act of March 3, 1879 (20 Stat. 394; 43 U.S.C. 31); lands designated as valuable for power purposes under the acts of June 20, 1910 (36 Stat. 557, 564, 575), June 9, 1916 (39 Stat. 218, 219), and February 26, 1919 (40 Stat. 1178, 1180); lands within final hydro

electric power permits under the act of February 15, 1901 (31 Stat. 790; 43 U.S.C. 959); and lands within transmission-line permits or approved right-of-way under said act of 1901 or the act of March 4, 1911 (36 Stat. 1253; 16 U.S.C. 5, 420, 523; 43 U.S.C. 961).

§ 2344.2

General determination under section 24.

(a) On April 17, 1922, the Federal Power Commission made a general determination "that where lands of the United States have heretofore been, or hereafter may be, reserved or classified as powersites, such reservation or classification being made solely because such lands are either occupied by power transmission lines or their occupancy and use for such purposes has been applied for or authorized under appropriate laws of the United States, and such lands have otherwise no value for power purposes, and are not occupied in trespass, the commission determines that the value of such lands so reserved or classified or so applied for or authorized, will not be injured or destroyed for the purposes of power development by location, entry or selection under the public land laws, subject to the reservation of section 24 of the Federal Water Power Act."

(b) The regulations governing mining locations on lands withdrawn or classified for power purposes, including lands restored under section 24 of the Federal Power Act, are contained in Group 3800 of this chapter.

§ 2344.3 Petitions for restoration.

(a) Petitions for restoration of lands withdrawn or classified for power purposes, under the provisions of section 24 of the Federal Power Act, must be filed, in duplicate, in the proper land office (see § 1821.2-1 of this chapter). No particular form of petition is required, but it must be typewritten or in legible handwriting. Each petition must be accompanied by a service charge of $10 which is not returnable.

(b) Favorable action upon a petition for restoration will not give the petitioner any preference right or right to preferential treatment if or when the lands are finally restored.

[29 F.R. 4341, Mar. 31, 1964, as amended by Circ. 2220, 31 F.R. 16784, Dec. 31, 1966]

2357.1

Withdrawals or reservations for the use or benefit of non-Federal agencies.

AUTHORITY: The provisions of this Part 2350 issued under R.S. 2478, as amended; 43 U.S.C. 1201.

Subpart 2350-Withdrawal

Procedures, General

SOURCE: The provisions of this Subpart 2350 appear at 35 F.R. 9557, June 18, 1970, unless otherwise noted.

§ 2350.0-1 Purpose.

The regulations in this part 2350 apply to all proposals for withdrawal, reservation or restriction, under the authority of Executive Order 10355, May 26, 1952 (17 F.R. 4831), or under the statutory authority of the Secretary of the Interior, or under the Act of February 28, 1958 (72 Stat. 27), of lands or water areas owned or controlled by the United States. However, only the following apply to proposals by the Department of Defense which are governed by the provisions of sections 1, 2, and 3 of the Act of 1958, supra: §§ 2091.2-5, 2300.0-5, 2351.1, 2351.2, 2351.3, and 2351.4.

Subpart 2351-Applications

SOURCE: The provisions of this Subpart 2351 appear at 35 F.R. 9557, June 13, 1970, unless otherwise noted.