[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: 43CFR2613.1]

[Page 168]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2610_CAREY ACT GRANTS--Table of Contents
 
             Subpart 2613_Preference Right Upon Restoration
 
Sec. 2613.1  Allowance of filing of applications.

    (a) Status of lands under State laws. Prior to the restoration of 
lands segregated under the Carey Act, the Bureau of Land Management 
shall ascertain from the proper State officials whether any entries have 
been allowed under the State Carey Act laws on any such lands, and if 
any such entries have been allowed, the status thereof and action taken 
by the State with reference thereto.
    (b) No entries under State laws. If it is shown with reasonable 
certainty, either from the report of the State officers or by other 
available information, that there are no entries under State law, then 
the Act of February 14, 1920, shall not be considered applicable to the 
restoration of the lands. Lands shall be restored as provided in a 
notice published in the Federal Register.
    (c) Entries under State laws. If it appears from the report of the 
State officials or otherwise that there are entries under the State law 
which may properly be the basis for preference rights under this act, in 
the order restoring the lands the authorized officer may, in his 
discretion, allow only the filing of applications to obtain a preference 
right under the Act of February 14, 1920.