[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: 43CFR2201.1-2]

[Page 67-68]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2200_EXCHANGES: GENERAL PROCEDURES--Table of Contents
 
              Subpart 2201_Exchanges_Specific Requirements
 
Sec. 2201.1-2  Segregative effect.

    (a) If a proposal is made to exchange Federal lands, the authorized 
officer may direct the appropriate State Office of the Bureau of Land 
Management to segregate the Federal lands by a notation on the public 
land records. Subject to valid existing rights, the Federal lands shall 
be segregated from appropriation under the public land laws and mineral 
laws for a period not to exceed 5 years from the date of record 
notation.
    (b) Any interests of the United States in the non-Federal lands that 
are covered by the exchange proposal may be segregated from 
appropriation under the mineral laws for a period not to exceed 5 years 
from the date of notation by noting the public land status records.
    (c) The segregative effect shall terminate upon the occurrence of 
any of the following events, whichever occurs first:
    (1) Automatically, upon issuance of a patent or other document of 
conveyance to the affected lands;
    (2) On the date and time specified in an opening order, such order 
to be promptly issued and published by the appropriate State Office of 
the Bureau of Land Management in the Federal Register, if a decision is 
made not to proceed with the exchange or upon removal of any lands from 
an exchange proposal; or
    (3) Automatically, at the end of the segregation period not to 
exceed 5 years from the date of notation of the public land records.
    (d) The provisions of this section apply equally to proposals to 
exchange National Forest System lands under the authority and provisions 
of the Act of March 20, 1922, 42 Stat. 465, as amended, 16 U.S.C. 485, 
and the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 
et seq., except that if

[[Page 68]]

a proposal is made to exchange National Forest System lands, which 
proposal shall be filed in compliance with 36 CFR part 254, the 
authorized officer may request that the appropriate BLM State Office 
segregate such lands by a notation on the public land records.

[46 FR 1638, Jan. 6, 1981, as amended at 63 FR 23681, Apr. 30, 1998; 65 
FR 70112, Nov. 21, 2000]