[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: 43CFR2611.1-4]



[Page 162-163]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2610_CAREY ACT GRANTS--Table of Contents

 

        Subpart 2611_Segregation Under the Carey Act: Procedures

 

Sec.  2611.1-4  Approval of plan and contract.



    (a) After making a determination that the proposed project is 

economically feasible, that sufficient water can be furnished to 

thoroughly irrigate and reclaim the lands, that measures to avoid or 

mitigate adverse environmental impacts and to rehabilitate the lands if 

the project fails are adequate, and that State laws and regulations 

concerning the disposal of the lands to



[[Page 163]]



actual settlers are not contrary to the provisions and restrictions of 

the Act, the authorized officer may approve the plan. Before making this 

determination and approving the plan, the authorized officer may, in 

agreement with the State, modify the plan.

    (b) Upon approval of the plan, the grant contract may be signed by 

the Secretary of the Interior, or an officer in the Office of the 

Secretary who has been appointed by the President, by and with the 

advice and consent of the Senate. A notice that the contract has been 

signed and the lands are segregated shall be published in the Federal 

Register. As a condition to entering into the contract, the Secretary or 

his delegate may require additional terms and conditions. If such is 

done, the new contract form shall be returned to the State for signing.

    (c) The contract is not final and binding until approved by the 

President.

    (d) After the plan has been approved, and the contract signed and 

approved, the lands may be entered by the State and its agents for 

reclamation and for residency, if appropriate.