[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: 43CFR2201.9]



[Page 70]

 

                    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.  2201.9  Case closing.



    (a) Title transfers. Unless otherwise agreed, and notwithstanding 

the decision in United States v. Schurz, 102 U.S. 378 (1880), or any 

other law or ruling to the contrary, title to both the non-Federal and 

Federal lands simultaneously shall pass and be deemed accepted by the 

United States and the non-Federal landowner, respectively, when the 

documents of conveyance are recorded in the county clerk's or other 

local recorder's office. Before recordation, all instructions, 

requirements, and conditions set forth by the United States and the non-

Federal landowner shall be met. The requirements and conditions 

necessary for recordation at a minimum will include the following, as 

appropriate:

    (1) The determination by the authorized officer that the United 

States will receive possession, acceptable to it, of such lands; and

    (2) The issuance of title evidence as of the date and time of 

recordation, which conforms to the instructions and requirements of the 

Office of the Solicitor's preliminary title opinion.

    (b) Automatic segregation of lands. Subject to valid existing 

rights, non-Federal lands acquired through exchange by the United States 

automatically shall be segregated from appropriation under the public 

land laws and mineral laws until midnight of the 90th day after 

acceptance of title by the United States, and the public land records 

shall be noted accordingly. Except to the extent otherwise provided by 

law, the lands shall be open to the operation of the public land laws 

and mineral laws at midnight 90 days after the day title was accepted 

unless otherwise segregated pursuant to part 2300 of this title.

    (c) Notice to State and local governments. Following the transfer of 

title to the Federal lands involved in an exchange, notice will be given 

to State and local officials as prescribed in Sec.  2200.0-6(m) of this 

part.