[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: 43CFR2450.3]

[Page 105]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2450_PETITION-APPLICATION CLASSIFICATION SYSTEM--Table of Contents
 
              Subpart 2450_Petition-Application Procedures
 
Sec. 2450.3  Proposed classification decision.

    (a) The State Director shall make and issue a proposed 
classification decision which shall contain a statement of reasons in 
support thereof. Such decisions shall be served upon (1) each 
petitioner-applicant for the land, (2) any grazing permittee, licensee, 
or lessee on the land, or his representative, (3) the District Advisory 
Board, (4) the local governing board, planning commission, State 
coordinating committee, or other official or quasi-official body having 
jurisdiction over zoning in the geographic area within which the lands 
are located, and (5) any governmental officials or agencies from whom 
the record discloses comments on the classification have been received. 
If the decision affects more than 2,560 acres and would lead to the 
disposal of the lands, the decision will also be published in accordance 
with the provisions of subpart 2462.
    (b) When there are multiple petition-applications for the same land, 
the proposed classification decision shall state which petition-
application, if any, will be entitled to preference under applicable 
law; or where no petition-application has been filed for the purpose for 
which the land is proposed to be classified, the decision shall so 
state.
    (1) When multiple petition-applications have been filed for the same 
land, the one first filed for the purpose for which the land is 
classified will be entitled to preference under applicable law.
    (2) When two or more petition-applications have been simultaneously 
filed for the purpose for which the land is classified, the petition-
application entitled to preference will be the first to be selected by 
drawing.
    (3) If no petition-application has been filed for the purpose for 
which it is proposed to classify the land, the proposed decision shall 
state that the land will be opened to application by all qualified 
individuals on an equal-opportunity basis after public notice.