[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: 43CFR2621.0-3]

[Page 170]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2620_STATE GRANTS--Table of Contents
 
                    Subpart 2621_Indemnity Selections
 
Sec. 2621.0-3  Authority.

    (a) Sections 2275 and 2276 of the Revised Statutes, as amended (43 
U.S.C. 851, 852), referred to in Sec. Sec. 2621.0-3 to 2621.4 of this 
subpart as the law, authorize the public land States except Alaska to 
select lands (or the retained or reserved interest of the United States 
in lands which have been disposed of with a reservation to the United 
States of all minerals, or any specified mineral or minerals, which 
interest is referred to in Sec. Sec. 2621.0-3 to 2621.4 as the mineral 
estate) of equal acreage within their boundaries as indemnity for grant 
lands in place lost to the States because of appropriation before title 
could pass to the State or because of natural deficiencies resulting 
from such causes as fractional sections and fractional townships.
    (b) The law provides that indemnity for lands lost because of 
natural deficiencies will be selected from the unappropriated, 
nonmineral, public lands, and that indemnity for lands lost before title 
could pass to the State will be selected from the unappropriated, public 
lands subject to the following restrictions:
    (1) No lands mineral in character may be selected except to the 
extent that the selection is made as indemnity for mineral lands.
    (2) No lands on a known geologic structure of a producing oil or gas 
field may be selected except to the extent that the selection is made as 
indemnity for lands on such a structure.
    (c) The law also provides that lands subject to a mineral lease or 
permit may be selected, but only if the lands are otherwise available 
for selection, and if none of the lands subject to that lease or permit 
are in producing or producible status. It permits the selection of lands 
withdrawn, classified, or reported as valuable for coal, phosphate, 
nitrate, potash, oil, gas, asphaltic minerals, oil shale, sodium, and 
sulphur and lands withdrawn by Executive Order 5327 of April 15, 1930, 
if such lands are otherwise available for, and subject to, selection: 
Provided, That except where the base lands are mineral in character, 
such minerals are reserved to the United States in accordance with and 
subject to the regulations in subpart 2093. Except for the withdrawals 
mentioned in this paragraph and for lands subject to classification 
under section 7 of the Taylor Grazing Act of June 28, 1934 (48 Stat. 
1269; 43 U.S.C. 315f), as amended, the law does not permit the selection 
of withdrawn or reserved lands.
    (d) Subsection (b) of the section 2276 of the Revised Statutes, as 
amended, sets forth the principles of adjustment where selections are 
made to compensate for deficiencies of school lands in fractional 
townships.

[35 FR 9607, June 13, 1970]