[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: 43CFR2621.1]

[Page 170-171]
 
                    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. 2621.1  Applications for selection.

    (a) Applications for selection must be made on a form approved by 
the Director, and must be accompanied by a petition on a form approved 
by the Director properly executed. However, if the lands described in 
application have been already classified and opened for selection 
pursuant to the regulations of this part, no petition is required.
    (b) Applications for selection under the law will be made by the 
proper selecting agent of the State and will be filed, in duplicate, in 
the proper office in the State or for lands or mineral estate in a State 
in which there is no office, will be filed in accordance with the 
provisions of Sec. 1821.2 of this chapter.
    (c) Applications must be accompanied by the following information:
    (1) A reference to the Act of August 27, 1958 (72 Stat. 928), as 
amended.
    (2) A certificate by the selecting agent showing:
    (i) All facts relative to medicinal or hot springs or other waters 
upon the selected lands.

(This provision does not apply insofar as the application involves the 
selection of the mineral estate.)
    (ii) That indemnity has not been previously granted for the assigned 
base

[[Page 171]]

lands and that no other selection is pending for such assigned base.
    (3) A statement describing the mineral or nonmineral character of 
each smallest legal subdivision of the base and selected lands or 
mineral estate.
    (4) A certificate by the officer or officers charged with the care 
and disposal of school lands that no instrument purporting to convey, or 
in any way incumber, the title to any of the land used as base or bases, 
has been issued by the State or its agents.
    (d) In addition to the requirements of paragraph (c) of this 
section, applications for selection must conform with the following 
rules:
    (1) The selected land and base lands must be described in accordance 
with the official plats of survey except that unsurveyed lands will be 
described in terms of protracted surveys as officially approved in 
accordance with 43 CFR 3101.1-4(d)(1). If the unsurveyed lands are not 
covered by protracted surveys the lands must be described in terms of 
their probable legal description, if and when surveyed in accordance 
with the rectangular system of public land surveys, or if the State 
Director gives written approval therefor, by a metes and bounds 
description adequate to identify the lands accurately.
    (2) Separate base or bases do not have to be assigned to each 
smallest legal subdivision of selected surveyed lands or mineral estate 
and to each tract of unsurveyed lands upon application. However, prior 
to final approval of the selection, separate base or bases shall be 
assigned. Assignment of the smallest actual or probable legal 
subdivision as base will constitute an election to take indemnity for 
the entire subdivision and is a waiver of the State's rights to such 
subdivision, except that any remaining balance of acreage may be used as 
base in other selections.
    (3) For purposes of selecting unsurveyed land a protracted section 
shall be considered to be a smallest legal subdivision except where the 
State Director finds otherwise.
    (4) The cause of loss of the base lands to the State must be 
specifically stated for each separate base.

(Secs. 2275 and 2276 of the Revised Statutes, as amended (43 U.S.C. 851, 
852))

[35 FR 9607, June 13, 1970. Redesignated and amended at 46 FR 24135, 
Apr. 29, 1981]