[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: 43CFR2627.4]



[Page 175-176]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2620_STATE GRANTS--Table of Contents

 

                           Subpart 2627_Alaska

 

Sec.  2627.4  All grants.



    (a) State preference right of selection: waivers. (1) The Act of 

July 7, 1958 (see Sec.  2627.3(a)), provide that upon the revocation of 

any order of withdrawal in Alaska, the order of revocation shall provide 

for a period of not less than 90 days before the date on which it 

otherwise becomes effective during which period the State of Alaska 

shall have a preferred right of selection under the acts of 1956 and 

1958, except as against prior existing valid rights, equitable claims 

subject to allowance and confirmation and other preferred rights of 

application conferred by law.

    (2) Where the proper selecting agent of the State files in writing 

in the proper office a waiver of the preference provisions of paragraph 

(a) of this section in connection with the proposed revocation of an 

order of withdrawal,



[[Page 176]]



the order affecting such revocation will not provide for such 

preference.

    (b) Segregative effect of applications. Lands desired by the State 

under the regulations of this part will be segregated from all 

appropriations based upon application or settlement and location, 

including locations under the mining laws, when the state files its 

application for selection in the proper office properly describing the 

lands as provided in Sec.  2627.3(c)(1) (iii), (iv), and (v). Such 

segregation will automatically terminate unless the State publishes 

first notice as provided by paragraph (c) of this section within 60 days 

of service of such notice by the appropriate officer of the Bureau of 

Land Management.

    (c) Publications and protests. (1) The State will be required to 

publish once a week for five consecutive weeks in accordance with Sec.  

1824.4 of this chapter, at its own expense, in a designated newspaper, 

and in a designated form, a notice allowing all persons claiming the 

land adversely to file in the appropriate office their objections to the 

issuance of patent or certification for lands selected under the 

regulations of this part. A protestant must serve on the State a copy of 

the objections and furnish evidence of service to the proper office.

    (2) The State must file a statement of the publisher, accompanied by 

a copy of the notice published, showing that publication has been had 

for the required time.