[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: 43CFR2740.0-6]



[Page 221-222]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2740_RECREATION AND PUBLIC PURPOSES ACT--Table of Contents

 

        Subpart 2740_Recreation and Public Purposes Act: General

 

Sec.  2740.0-6  Policy.



    (a) To assure development of public lands in accordance with a 

development plan and compliance with an approved management plan, the 

authorized officer may require that public lands first be leased under 

the provisions of subpart 2912 of this title for a period of time prior 

to issuance of a patent, except for conveyances under subpart 2743 of 

this title.

    (b) Municipal corporations may not secure public lands under this 

act which are not within convenient access to the municipality and 

within the same State as the municipality. Other qualified governmental 

applicants may not secure public lands outside their political 

boundaries or other area of jurisdiction.

    (c) Where lands are conveyed under the act with a reservation of the 

mineral estate to the United States, the Bureau of Land Management shall 

not thereafter convey that mineral estate to the surface owner under the 

provisions of section 209 of the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1719).

    (d) Lease or conveyance of lands for purposes other than 

recreational or public purposes is not authorized by the act. Uses which 

can be more appropriately authorized under other existing authorities 

shall not be authorized under the act. Approval of leases or conveyances 

under the act shall not be made unless the public lands shall be used 

for an established or definitely proposed project. A commitment by 

lessee(s) or conveyee(s) to a plan of physical development, management 

and use of the lands shall be required before a lease or conveyance is 

approved. Use of public lands for nonrecreational or nonpublic purposes, 

whether by lease or conveyance, may be applied for under sections 203 

and 302 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1713, 1732) or other applicable authorities.

    (e) The Bureau of Land Management shall not exercise the exchange 

authority of section 206 of the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1716) for the purpose of acquiring lands for later 

conveyance under the act.



[[Page 222]]



    (f) The Bureau of Land Management shall not use Federal funds to 

undertake determinations of the validity of mining claims on public 

lands for the sole purpose of clearing title so that the lands may be 

leased or conveyed under the act.



[44 FR 43471, July 25, 1979, as amended at 50 FR 50300, Dec. 10, 1985; 

57 FR 32732, July 23, 1992]