[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: 43CFR2621.0-3]



[Page 166]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2620_STATE GRANTS--Table of Contents

 

                    Subpart 2621_Indemnity Selections

 

Sec.  2621.0-3  Authority.



    (a) Sections 2275 and 2276 of the Revised Statutes, as amended (43 

U.S.C. 851, 852), referred to in Sec.  Sec.  2621.0-3 to 2621.4 of this 

subpart as the law, authorize the public land States except Alaska to 

select lands (or the retained or reserved interest of the United States 

in lands which have been disposed of with a reservation to the United 

States of all minerals, or any specified mineral or minerals, which 

interest is referred to in Sec.  Sec.  2621.0-3 to 2621.4 as the mineral 

estate) of equal acreage within their boundaries as indemnity for grant 

lands in place lost to the States because of appropriation before title 

could pass to the State or because of natural deficiencies resulting 

from such causes as fractional sections and fractional townships.

    (b) The law provides that indemnity for lands lost because of 

natural deficiencies will be selected from the unappropriated, 

nonmineral, public lands, and that indemnity for lands lost before title 

could pass to the State will be selected from the unappropriated, public 

lands subject to the following restrictions:

    (1) No lands mineral in character may be selected except to the 

extent that the selection is made as indemnity for mineral lands.

    (2) No lands on a known geologic structure of a producing oil or gas 

field may be selected except to the extent that the selection is made as 

indemnity for lands on such a structure.

    (c) The law also provides that lands subject to a mineral lease or 

permit may be selected, but only if the lands are otherwise available 

for selection, and if none of the lands subject to that lease or permit 

are in producing or producible status. It permits the selection of lands 

withdrawn, classified, or reported as valuable for coal, phosphate, 

nitrate, potash, oil, gas, asphaltic minerals, oil shale, sodium, and 

sulphur and lands withdrawn by Executive Order 5327 of April 15, 1930, 

if such lands are otherwise available for, and subject to, selection: 

Provided, That except where the base lands are mineral in character, 

such minerals are reserved to the United States in accordance with and 

subject to the regulations in subpart 2093. Except for the withdrawals 

mentioned in this paragraph and for lands subject to classification 

under section 7 of the Taylor Grazing Act of June 28, 1934 (48 Stat. 

1269; 43 U.S.C. 315f), as amended, the law does not permit the selection 

of withdrawn or reserved lands.

    (d) Subsection (b) of the section 2276 of the Revised Statutes, as 

amended, sets forth the principles of adjustment where selections are 

made to compensate for deficiencies of school lands in fractional 

townships.



[35 FR 9607, June 13, 1970]