43 C.F.R. Subpart 2547—Omitted Lands: General
Title 43 - Public Lands: Interior
Authority: Secs. 211 and 310 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1721 and 1740).
Source: 44 FR 41793, July 18, 1979, unless otherwise noted.
(a) Any person authorized to hold title to land in the State may make application under section 211 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1721). For regulations on conveyances of omitted lands and unsurveyed islands to State and local governments see subpart 2742 of this title. (b) The applicant shall be a citizen of the United States, or in the case of corporation, shall be organized under the laws of the United States or any State thereof. (c) The applicant shall have occupied and developed the lands for a 5-year period prior to January 1, 1975. [44 FR 41793, July 18, 1979; 44 FR 55876, Sept. 28, 1979] (a) The description of the omitted lands applied for shall be sufficiently complete to identify the location, boundary, and area of the land, including, if possible, the legal description of the land by section or fractional section, township, range, meridian and State. (b) Each application shall be accompanied by a filing fee of $50 that is nonreturnable. The application shall be filed in accordance with the provisions of §1821.2 of this title. (c) No special form of application is required. The application shall be typewritten or in legible handwriting and shall contain the following information: (1) The full name and legal mailing address of the applicant. (2) The description and acreage of the public lands claimed. (3) A statement showing that the applicant is qualified or authorized to hold title to land in the State, is a citizen of the United States, and in the case of a corporation, is organized under the laws of the United States or any State thereof. (4) A statement describing how the applicant has satisfied the requirements of the statute. (5) A statement describing the nature and extent of any developments made to the lands applied for and describing the period and type of any occupancy of the land. (6) The names and legal mailing addresses of any known adverse claimants or occupants of the applied for lands. (7) A citation of the Act under which the application is being made. (a) The land applied for shall be appraised for fair market value at the time of appraisal. However, in determination of the price payable by the applicant, value resulting from development and occupation by the applicant or his predecessors in interest shall be deducted from the appraised price. (b) The applicant shall also be required to pay administrative costs, including: (1) The cost of making the survey, (2) The cost of appraisal, and (3) The cost of making the conveyance. (c) The applicant shall be required to make payment of the sale price and administrative costs within the time stated in the requests for payment or any extensions granted thereto by the authorized officer. (a) The applicant shall be required to publish a notice of the application once a week for five consecutive weeks in accordance with §1824.3 of this title, in a designated newspaper and in a designated form. All persons claiming the land adversely may file with the State Office of the Bureau of Land Management in which the lands are located, their objections to issuance of patent under the application. A protestant shall serve on the applicant a copy of the objections and furnish evidence of such service. (b) The applicant shall file at the appropriate BLM office a statement of the publisher, accompanied by a copy of the notice published, showing that the publication has been made for the required time. (a) Disposal under this provision shall not be made until: (1) It has been determined by the authorized officer that such conveyance is in the public interest and will serve objectives which outweigh all public objectives and values which would be served by retaining such lands in Federal ownership. (2) The relevant State government, local government, and areawide planning agency designated under section 204 of the Demonstration Cities and Metropolitan Act of 1966 (80 Stat. 1255, 1262), and/or Title IV of the Intergovernmental Cooperation Act of 1968 (82 Stat. 1098, 1103–4) have notified the authorized officer as to the consistency of such conveyance with applicable State and local government land use plans and programs. (3) The plat of survey has been officially filed. This subpart shall not apply to any lands within the National Forest System, defined in the Act of August 17, 1974 (16 U.S.C. 1601), the National Park System, the National Wildlife Refuge System, and the National Wild and Scenic Rivers System. At least 60 days prior to offering land for sale, the authorized officer shall notify the Governor of the State within which the lands are located and the head of the governing body of any political subdivision of the State having zoning or other land use regulatory jurisdiction in the geographical area within which the lands are located that the lands are being offered for sale. The authorized officer shall also promptly notify such public officials of the issuance of the patent for such lands.
Title 43: Public Lands: Interior
PART 2540—COLOR-OF-TITLE AND OMITTED LANDS
Subpart 2547—Omitted Lands: General
§ 2547.1 Qualifications of applicants.
§ 2547.2 Procedures; applications.
§ 2547.3 Price of land; payment.
§ 2547.4 Publication and protests.
§ 2547.5 Disposal considerations.
§ 2547.6 Lands not subject to disposal under this subpart.
§ 2547.7 Coordination with State and local governments.
