[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: 43CFR2450.3]



[Page 101]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2450_PETITION-APPLICATION CLASSIFICATION SYSTEM--Table of Contents

 

              Subpart 2450_Petition-Application Procedures

 

Sec.  2450.3  Proposed classification decision.



    (a) The State Director shall make and issue a proposed 

classification decision which shall contain a statement of reasons in 

support thereof. Such decisions shall be served upon (1) each 

petitioner-applicant for the land, (2) any grazing permittee, licensee, 

or lessee on the land, or his representative, (3) the District Advisory 

Board, (4) the local governing board, planning commission, State 

coordinating committee, or other official or quasi-official body having 

jurisdiction over zoning in the geographic area within which the lands 

are located, and (5) any governmental officials or agencies from whom 

the record discloses comments on the classification have been received. 

If the decision affects more than 2,560 acres and would lead to the 

disposal of the lands, the decision will also be published in accordance 

with the provisions of subpart 2462.

    (b) When there are multiple petition-applications for the same land, 

the proposed classification decision shall state which petition-

application, if any, will be entitled to preference under applicable 

law; or where no petition-application has been filed for the purpose for 

which the land is proposed to be classified, the decision shall so 

state.

    (1) When multiple petition-applications have been filed for the same 

land, the one first filed for the purpose for which the land is 

classified will be entitled to preference under applicable law.

    (2) When two or more petition-applications have been simultaneously 

filed for the purpose for which the land is classified, the petition-

application entitled to preference will be the first to be selected by 

drawing.

    (3) If no petition-application has been filed for the purpose for 

which it is proposed to classify the land, the proposed decision shall 

state that the land will be opened to application by all qualified 

individuals on an equal-opportunity basis after public notice.