[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: 43CFR2430.5]



[Page 99]

 

                    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.  2430.5  Additional criteria for classification of lands valuable for residential, commercial, agricultural, or industrial purposes.



    (a) Lands which have value for residential, commercial, 

agricultural, or industrial purposes, or for more than one of such 

purposes, will be considered chiefly valuable for that purpose which 

represents the highest and best use of the lands, i.e., their most 

profitable legal use in private ownership.

    (b) Lands may be classified for sale pursuant to the Public Land 

Sale Act as being chiefly valuable for residential, commercial, 

agricultural, or industrial uses or development (other than grazing use 

or use for raising native forage crops), if (1) adequate zoning 

regulations are in effect, and, where the lands also are needed for 

urban or suburban development, (2) adequate local governmental 

comprehensive plans have been adopted.

    (c) Lands determined to be valuable for residential, commercial, 

agricultural, or industrial purposes may be classified for disposal 

under any appropriate authority other than the Public Land Sale Act if 

(1) disposal under such other authority would be consistent with local 

governmental comprehensive plans, or (2) in the absence of such plans, 

with the views of local governmental authorities.

    (d) Lands outside of Alaska may be classified as suitable for 

homestead entry under part 2510 of this chapter if they are (1) chiefly 

valuable for agricultural purposes, and (2) suitable for development as 

a home and farm for a man and his family, and (3) the anticipated return 

from agricultural use of the land would support the residents. If it is 

determined that the irrigation of land otherwise suitable for homestead 

entry would endanger the supply of adequate water for existing users or 

cause the dissipation of water reserves, such land will not be 

classified for entry. Land may be classified for homestead entry only if 

rainfall is adequate, or if under State law, there is available to the 

land sufficient irrigation water, to permit agricultural development of 

its cultivable portions.

    (e) Lands may be classified as suitable for desert land entry under 

part 2520 of this chapter if (1) the lands are chiefly valuable for 

agricultural purposes, and (2) all provisions concerning irrigation 

water set forth in Sec.  2430.5(d) are met.

    (f) Lands outside of Alaska may be classified as suitable for Indian 

allotment under part 2530 of this chapter if (1) the lands are valuable 

for agricultural purposes, and (2) the lands are on the whole suitable 

for a home for an Indian and his family, and (3) the anticipated return 

from agricultural use of the land would support the residents, and (4) 

the requirements for water supplies set forth in Sec.  2430.5(d) are 

met.

    (g) Lands determined to be valuable for purposes other than public 

purposes may be determined to be suitable for exchange if the 

acquisition of the offered lands, the disposition of the public lands, 

and the anticipated costs of consummating the exchange will not disrupt 

governmental operations.