[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2091.1]

[Page 55]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2090_SPECIAL LAWS AND RULES--Table of Contents
 
              Subpart 2091_Segregation and Opening of Lands
 
Sec. 2091.1  Action on applications and mining claims.

    (a) Except where the law and regulations provide otherwise, all 
applications shall be accepted for filing. However, applications which 
are accepted for filing shall be rejected and cannot be held pending 
possible future availability of the lands or interests in lands, except 
those that apply to selections made by the State of Alaska under section 
906(e) of the Alaska National Interest Land Conservation Act and 
selections made by Alaska Native Corporations under section 3(e) of the 
Alaska Native Claims Settlement Act, when approval of the application is 
prevented by:
    (1) A withdrawal, reservation, classification, or management 
decision applicable to the lands;
    (2) An allowed entry or selection of lands;
    (3) A lease which grants the lessee exclusive use of the lands;
    (4) Classifications existing under appropriate law:
    (5) Segregation due to an application previously filed under 
appropriate law and regulations;
    (6) Segregation resulting from a notice of realty action previously 
published in the Federal Register under appropriate regulations; and
    (7) The fact that, for any reason, the lands have not been made 
subject to, restored or opened to operation of the public land laws, 
including the mineral laws.
    (b) Lands may not be appropriated under the mining laws prior to the 
date and time of restoration and opening. Any such attempted 
appropriation, including attempted adverse possession under 30 U.S.C. 
38, vests no rights against the United States. Actions required to 
establish a mining claim location and to initiate a right of possession 
are governed by State laws where those laws are not in conflict with 
Federal law. The Bureau of Land Management does not intervene in 
disputes between rival locators over possessory rights because Congress 
has provided for the resolution of these matters in local courts.