[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: 43CFR2621.1]



[Page 166-167]

 

                    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.  2621.1  Applications for selection.



    (a) Applications for selection must be made on a form approved by 

the Director, and must be accompanied by a petition on a form approved 

by the Director properly executed. However, if the lands described in 

application have been already classified and opened for selection 

pursuant to the regulations of this part, no petition is required.

    (b) Applications for selection under the law will be made by the 

proper selecting agent of the State and will be filed, in duplicate, in 

the proper office in the State or for lands or mineral estate in a State 

in which there is no office, will be filed in accordance with the 

provisions of Sec.  1821.2 of this chapter.

    (c) Applications must be accompanied by the following information:

    (1) A reference to the Act of August 27, 1958 (72 Stat. 928), as 

amended.

    (2) A certificate by the selecting agent showing:

    (i) All facts relative to medicinal or hot springs or other waters 

upon the selected lands.



[[Page 167]]





(This provision does not apply insofar as the application involves the 

selection of the mineral estate.)

    (ii) That indemnity has not been previously granted for the assigned 

base lands and that no other selection is pending for such assigned 

base.

    (3) A statement describing the mineral or nonmineral character of 

each smallest legal subdivision of the base and selected lands or 

mineral estate.

    (4) A certificate by the officer or officers charged with the care 

and disposal of school lands that no instrument purporting to convey, or 

in any way incumber, the title to any of the land used as base or bases, 

has been issued by the State or its agents.

    (d) In addition to the requirements of paragraph (c) of this 

section, applications for selection must conform with the following 

rules:

    (1) The selected land and base lands must be described in accordance 

with the official plats of survey except that unsurveyed lands will be 

described in terms of protracted surveys as officially approved in 

accordance with 43 CFR 3101.1-4(d)(1). If the unsurveyed lands are not 

covered by protracted surveys the lands must be described in terms of 

their probable legal description, if and when surveyed in accordance 

with the rectangular system of public land surveys, or if the State 

Director gives written approval therefor, by a metes and bounds 

description adequate to identify the lands accurately.

    (2) Separate base or bases do not have to be assigned to each 

smallest legal subdivision of selected surveyed lands or mineral estate 

and to each tract of unsurveyed lands upon application. However, prior 

to final approval of the selection, separate base or bases shall be 

assigned. Assignment of the smallest actual or probable legal 

subdivision as base will constitute an election to take indemnity for 

the entire subdivision and is a waiver of the State's rights to such 

subdivision, except that any remaining balance of acreage may be used as 

base in other selections.

    (3) For purposes of selecting unsurveyed land a protracted section 

shall be considered to be a smallest legal subdivision except where the 

State Director finds otherwise.

    (4) The cause of loss of the base lands to the State must be 

specifically stated for each separate base.



(Secs. 2275 and 2276 of the Revised Statutes, as amended (43 U.S.C. 851, 

852))



[35 FR 9607, June 13, 1970. Redesignated and amended at 46 FR 24135, 

Apr. 29, 1981]