[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: 43CFR2094.2]

[Page 60]
 
                    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 2094_Special Resource Values; Shore Space
 
Sec. 2094.2  Waiver of 160-rod limitation.

    (a) The Act of June 5, 1920 (41 Stat. 1059; 48 U.S.C. 372) provides 
that the Secretary of the Interior in his discretion, may upon 
application to enter or otherwise, waive the restriction that no entry 
shall be allowed extending more than 160 rods along the shore of any 
navigable waters as to such lands as he shall determine are not 
necessary for harborage, landing, and wharf purposes. The act does not 
authorize the waiver of the 80-rod restriction, mentioned in Sec. 
2094.0-3.
    (b) Except as to trade and manufacturing sites, and home and 
headquarters sites, any applications to enter and notices of settlement 
which cover lands extending more than 160 rods along the shore of any 
navigable water will be considered as a petition for waiver of the 160-
rod limitation mentioned in paragraph (a) of this section, provided that 
it is accompanied by a showing that the lands are not necessary for 
harborage, landing and wharf purposes and that the public interests will 
not be injured by waiver of the limitation.