[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2091.1]



[Page 51]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2090_SPECIAL LAWS AND RULES--Table of Contents

 

              Subpart 2091_Segregation and Opening of Lands

 

Sec.  2091.1  Action on applications and mining claims.



    (a) Except where the law and regulations provide otherwise, all 

applications shall be accepted for filing. However, applications which 

are accepted for filing shall be rejected and cannot be held pending 

possible future availability of the lands or interests in lands, except 

those that apply to selections made by the State of Alaska under section 

906(e) of the Alaska National Interest Land Conservation Act and 

selections made by Alaska Native Corporations under section 3(e) of the 

Alaska Native Claims Settlement Act, when approval of the application is 

prevented by:

    (1) A withdrawal, reservation, classification, or management 

decision applicable to the lands;

    (2) An allowed entry or selection of lands;

    (3) A lease which grants the lessee exclusive use of the lands;

    (4) Classifications existing under appropriate law:

    (5) Segregation due to an application previously filed under 

appropriate law and regulations;

    (6) Segregation resulting from a notice of realty action previously 

published in the Federal Register under appropriate regulations; and

    (7) The fact that, for any reason, the lands have not been made 

subject to, restored or opened to operation of the public land laws, 

including the mineral laws.

    (b) Lands may not be appropriated under the mining laws prior to the 

date and time of restoration and opening. Any such attempted 

appropriation, including attempted adverse possession under 30 U.S.C. 

38, vests no rights against the United States. Actions required to 

establish a mining claim location and to initiate a right of possession 

are governed by State laws where those laws are not in conflict with 

Federal law. The Bureau of Land Management does not intervene in 

disputes between rival locators over possessory rights because Congress 

has provided for the resolution of these matters in local courts.