[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: 43CFR2430.4]



[Page 98]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2430_DISPOSAL CLASSIFICATIONS--Table of Contents

 

           Subpart 2430_Criteria for Disposal Classifications

 

Sec.  2430.4  Additional criteria for classification of lands valuable for public purposes.



    (a) To be valuable for public purposes, lands must be suitable for 

use by a State or local governmental entity or agency for some 

noncommercial and nonindustrial governmental program or suitable for 

transfer to a non-Federal interest in a transaction which will benefit a 

Federal, State, or local governmental program.

    (b) Lands found to be valuable for public purposes may be classified 

for sale pursuant to the Public Land Sale Act as chiefly valuable for 

public uses or development or for transfer in satisfaction of a State 

land grant, or for transfer to a State or local governmental agency in 

exchange for other property, or for transfer to a governmental agency 

under any applicable act of Congress other than the Recreation and 

Public Purposes Act (44 Stat. 741), as amended (43 U.S.C. 869-869-4), if 

(1) the proposed use includes profit activities or if the interested, 

qualified governmental agency and the authorized officer agree that 

there is no need for the perpetual dedication of the lands to public 

uses required by the Recreation and Public Purposes Act, and (2) in the 

case of sales under the Public Land Sale Act, adequate zoning 

regulations exist in the area in which the lands are located.

    (c) Lands found to be valuable for public purposes will ordinarily 

be classified for sale or lease under the Recreation and Public Purposes 

Act (see part 2740 and subpart 2912 of this chapter) if the proposed use 

involves nonprofit activities and if it is determined by the authorized 

officer that the provisions of that Act are required to insure the 

continued dedication of the lands to such uses, or otherwise to carry 

out the purposes of the Act.

    (d) Lands may be classified for exchange under appropriate authority 

where they are found to be chiefly valuable for public purposes because 

they have special values, arising from the interest of exchange 

proponents, for exchange for other lands which are needed for the 

support of a Federal program.



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