[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: 43CFR2611.2]



[Page 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.  2611.2  Period of segregation.



    (a) The States are allowed 10 years from the date of the signing of 

the contract by the Secretary in which to cause the lands to be 

reclaimed. If the State fails in this, the State Director may, in his 

discretion, extend the period for up to 5 years, or may restore the 

lands to the public domain at the end of the 10 years or any extension 

thereof. If actual construction of the reclamation works has not been 

commenced within 3 years after the segregation of the land or within 

such further period not exceeding 3 years as may be allowed for that 

purpose by the State Director, the State Director may, in his 

discretion, restore the lands to the public domain.

    (b) All applications for extensions of the period of segregation 

must be submitted to the State Director. Such applications will be 

entertained only upon the showing of circumstances which prevent 

compliance by the State with the requirements within the time allowed, 

which, in the judgment of the State Director, could not have been 

reasonably anticipated or guarded against, such as the distruction of 

irrigation works by storms, floods, or other unavoidable casualties, 

unforeseen structural or physical difficulties encountered in the 

operations, or errors in surveying and locating needed ditches, canals, 

or pipelines.