[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: 43CFR2094.2]



[Page 56]

 

                    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 2094_Special Resource Values; Shore Space

 

Sec.  2094.2  Waiver of 160-rod limitation.



    (a) The Act of June 5, 1920 (41 Stat. 1059; 48 U.S.C. 372) provides 

that the Secretary of the Interior in his discretion, may upon 

application to enter or otherwise, waive the restriction that no entry 

shall be allowed extending more than 160 rods along the shore of any 

navigable waters as to such lands as he shall determine are not 

necessary for harborage, landing, and wharf purposes. The act does not 

authorize the waiver of the 80-rod restriction, mentioned in Sec.  

2094.0-3.

    (b) Except as to trade and manufacturing sites, and home and 

headquarters sites, any applications to enter and notices of settlement 

which cover lands extending more than 160 rods along the shore of any 

navigable water will be considered as a petition for waiver of the 160-

rod limitation mentioned in paragraph (a) of this section, provided that 

it is accompanied by a showing that the lands are not necessary for 

harborage, landing and wharf purposes and that the public interests will 

not be injured by waiver of the limitation.