[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: 43CFR2613.1]



[Page 164]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2610_CAREY ACT GRANTS--Table of Contents

 

             Subpart 2613_Preference Right Upon Restoration

 

Sec.  2613.1  Allowance of filing of applications.



    (a) Status of lands under State laws. Prior to the restoration of 

lands segregated under the Carey Act, the Bureau of Land Management 

shall ascertain from the proper State officials whether any entries have 

been allowed under the State Carey Act laws on any such lands, and if 

any such entries have been allowed, the status thereof and action taken 

by the State with reference thereto.

    (b) No entries under State laws. If it is shown with reasonable 

certainty, either from the report of the State officers or by other 

available information, that there are no entries under State law, then 

the Act of February 14, 1920, shall not be considered applicable to the 

restoration of the lands. Lands shall be restored as provided in a 

notice published in the Federal Register.

    (c) Entries under State laws. If it appears from the report of the 

State officials or otherwise that there are entries under the State law 

which may properly be the basis for preference rights under this act, in 

the order restoring the lands the authorized officer may, in his 

discretion, allow only the filing of applications to obtain a preference 

right under the Act of February 14, 1920.



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