[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: 43CFR2201.1-2]



[Page 63-64]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2200_EXCHANGES: GENERAL PROCEDURES--Table of Contents

 

              Subpart 2201_Exchanges_Specific Requirements

 

Sec.  2201.1-2  Segregative effect.



    (a) If a proposal is made to exchange Federal lands, the authorized 

officer may direct the appropriate State Office of the Bureau of Land 

Management to segregate the Federal lands by a notation on the public 

land records. Subject to valid existing rights, the Federal lands shall 

be segregated from appropriation under the public land laws and mineral 

laws for a period not to exceed 5 years from the date of record 

notation.

    (b) Any interests of the United States in the non-Federal lands that 

are covered by the exchange proposal may be segregated from 

appropriation under the mineral laws for a period not to exceed 5 years 

from the date of notation by noting the public land status records.

    (c) The segregative effect shall terminate upon the occurrence of 

any of the following events, whichever occurs first:

    (1) Automatically, upon issuance of a patent or other document of 

conveyance to the affected lands;

    (2) On the date and time specified in an opening order, such order 

to be promptly issued and published by the appropriate State Office of 

the Bureau of Land Management in the Federal Register, if a decision is 

made not to proceed with the exchange or upon removal of any lands from 

an exchange proposal; or

    (3) Automatically, at the end of the segregation period not to 

exceed 5 years from the date of notation of the public land records.

    (d) The provisions of this section apply equally to proposals to 

exchange National Forest System lands under the authority and provisions 

of the Act of March 20, 1922, 42 Stat. 465, as amended, 16 U.S.C. 485, 

and the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701 

et seq., except that if



[[Page 64]]



a proposal is made to exchange National Forest System lands, which 

proposal shall be filed in compliance with 36 CFR part 254, the 

authorized officer may request that the appropriate BLM State Office 

segregate such lands by a notation on the public land records.



[46 FR 1638, Jan. 6, 1981, as amended at 63 FR 23681, Apr. 30, 1998; 65 

FR 70112, Nov. 21, 2000]