43 C.F.R. Subpart 2546—Snake River, Idaho: Omitted Lands
Title 43 - Public Lands: Interior
Source: 35 FR 9595, June 13, 1970, unless otherwise noted.
Before any lands may be sold under the Act, the authorized officer of the Bureau of Land Management shall publish in the (a) All citizens who file a notice of intention in accordance with §2546.1 within the time period specified in the published notice or any amendment thereof will be granted by the authorized officer a period of time not less than 30 days in duration in which to file, in duplicate with the Authorizing officer of the Boise State Office, their applications to purchase lands as preference-right claimants. (b) Every application must be accompanied by a filing fee of $10, which is not returnable. (c) No particular form is required but the applications must be typewritten or in legible handwriting and must contain the following information: (1) The name and post office address of the claimant. (2) The description and acreage of the public lands claimed or desired. (3) The description of the lands owned by the applicant, if any, adjoining the public lands claimed or desired accompanied by a certificate from the proper county official or by an abstractor or by an attorney showing the date of acquisition of the lands by the applicant and that the applicant owns the lands in fee simple as of the date of application. (4) A statement showing that the claimant is a citizen of the United States, as defined in paragraph (4) of §2540.0–3(f). (5) A statement giving the basis for color of title or claim of riparian ownership. (6) A statement showing the improvements, if any, placed on the public lands applied for including their location, nature, present value, date of installation, and the names of the person or persons who installed them. (7) A statement showing the cultivation and occupancy, if any, of the lands applied for, including the nature, location, and date of such cultivation and occupancy. (8) The names and post office addresses of any adverse claimants, settlers, or occupants of the public lands claimed. (9) The names and addresses of at least two disinterested persons having knowledge of the facts relating to the applicant's claim. (10) A citation of the Act under which the application is made. (a) Before lands may be sold to a qualified preference-right claimant, the claimant will be required to pay the purchase price of the lands and will be required to publish once a week for four consecutive weeks, at his expense, in a designated newspaper and in a designated form, a notice allowing all persons having objections to file with the Authorizing officer of the State Office at Boise, Idaho, their objections to issuance of patent to the claimant. A protestant must serve on the claimant a copy of the objections and must furnish the Authorizing officer with evidence of such service. (b) Among other things, the notice will describe the lands to be patented, state the purchase price for the lands and the reservations, if any, to be included in the patent to preserve public recreational values in the lands. (c) The claimant 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. (a) The authorized officer may sell under the Act at public auction any lands for which preference-claimants do not qualify for patents under the regulations of §2540.0–3(f) and subpart 2546. (b) Lands will be sold under this section at not less than their appraised fair market value at the time and place and in the manner specified by the authorized officer in a public notice of the sale. (c) Bids may be made by the principal or his agent, either personally at the sale or by mail. (d) A bid sent by mail must be received at the place and within the time specified in the public notice. Each such bid must clearly state (1) the name and address of the bidder and (2) the specified tract, as described in the notice for which the bid is made. The envelope must be noted as required by the notice. (e) Each bid by mail must be accompanied by certified or cashier's check, post office money order or bank draft for the amount of the bid. (f) The person who submits the highest bid for each tract at the close of bidding, but not less than the minimum price, will be declared the purchaser.
Title 43: Public Lands: Interior
PART 2540—COLOR-OF-TITLE AND OMITTED LANDS
Subpart 2546—Snake River, Idaho: Omitted Lands
§ 2546.1 Offers of lands for sale.
§ 2546.2 Applications for purchase.
§ 2546.3 Payment and publication.
§ 2546.4 Public auctions.
