[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: 43CFR2741.5]



[Page 223-224]

 

                    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 2741_Recreation and Public Purposes Act: Requirements

 

Sec.  2741.5  Guidelines for conveyances and leases under the act.



    (a) Public lands shall be conveyed or leased under the act only for 

an established or definitely proposed project for which there is a 

reasonable timetable of development and satisfactory development and 

management plans.

    (b) No public lands having national significance shall be conveyed 

pursuant to the act.

    (c) No more public lands than are reasonably necessary for the 

proposed use shall be conveyed pursuant to the act.

    (d) For proposals involving over 640 acres, public lands shall not 

be sold or leased pursuant to this act until:

    (1) Comprehensive land use plans and zoning regulations for the area 

in which the lands are located have been adopted by the appropriate 

State or local authorities.

    (2) The authorized officer has held at least one public meeting on 

the proposal.

    (e) Applications shall not be approved unless and until it has been 

determined that disposal under the act would serve the national interest 

following the planning requirements of section 202 of the Federal Land 

Policy and Management Act (43 U.S.C. 1712).



[[Page 224]]



    (f) Public lands may be determined to be suitable for lease or sale 

under the act by the authorized officer on his own motion as a result of 

demonstrated public needs for public lands for recreational or public 

purposes during the planning process described in section 202 of the 

Federal Land Policy and Management Act.

    (g) Lands under the jurisdiction of another agency shall not be 

determined to be suitable for lease or sale without that agency's 

approval.

    (h)(1) A notice of realty action which shall serve as a 

classification of public lands as suitable or unsuitable for conveyance 

or lease under the act shall be issued, published and sent to parties of 

interest by the authorized officer not less than 60 days prior to the 

proposed effective date of the classification action. Notices specifying 

public lands classified as suitable shall include: the use proposed; 

whether the lands are to be conveyed or leased; and the terms, 

covenants, conditions and reservations which shall be included in the 

conveyance or lease document. The notice shall provide at least 45 days 

from the date of issuance for submission of public comments.

    (2) If the notice of realty action states that the lands are 

classified as suitable for conveyance or lease under the act, it shall 

segregate the public lands described in the notice from appropriation 

under any other public land law, including locations under the mining 

laws, except as provided in the notice or any amendments or revisions to 

the notice. If, after 18 months following the issuance of the notice, an 

application has not been filed for the purpose for which the public 

lands have been classified, the segregative effect of the classification 

shall automatically expire and the public lands classified in the notice 

shall return to their former status without further action by the 

authorized officer.

    (3) The notice of realty action shall be published once in the 

Federal Register and once a week for 3 weeks thereafter in a newspaper 

of general circulation in the vicinity of the public lands covered by 

the notice.

    (4) The notice published under Sec.  1610.5-5 of this title, if 

designated in the notice, shall serve as the notice of realty action 

required by this section and shall segregate the public lands as stated 

in the notice. Any such notice given under Sec.  1610.5-5 of this title 

shall be published and distributed under the provisions of this section.

    (i) The Act shall not be used to provide sites for the disposal of 

permanent or long-term hazardous wastes.



[44 FR 43472, July 25, 1979. Redesignated at 51 FR 50300, Dec. 10, 1985, 

and amended at 50 FR 50301, Dec. 10, 1985; 51 FR 1795, Jan. 15, 1986; 57 

FR 32733, July 23, 1992]