Federal Register - July 18, 1940
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Source: Federal Register
2599
FEDERAL REGISTER, Thursday, July 18, 1940.
with the law and regulations, the appli cation will be referred by the register to the Commissioner of the General Land Office for preliminary consideration. If, upon examination of the application in the General Land Office, it appears that any of the lands involved are within any grazing district, a copy of the appli cation will be furnished the Grazing Service and th at agency requested to submit an appropriate report. Should it appear necessary, an appropriate report will be requested from the Division of Investigations.
The Division of Investigations, if requested, will have a field examination and report made of both the selected and the base lands to determine whether or not their value is equal within the meaning of the Act of February 28,1923, with reference to their character as mineral, prairie, grazing, agricultural, timber, desert land or otherwise, as the case may be, and as to springs or water holes thereon, if any. When such report is requested, a representative of the Di vision of Investigations will cooperate with a representative of the Superin tendent of the Glacier National Park in the examination and valuation of the base lands within the Glacier National Park. Should the report of the Division of Investigations show curable defects, the General Land Office will give the ap plicant an opportunity to amend his application, if possible, so as to cure the defects.
150.4 Publication and posting. If the report of the Division of Investiga tions is favorable and the selection ap pears regular and in conformity with the law and regulations, the General Land Office will direct the register to notify the applicant and require him, within 30
days from receipt of notice, to begin publication of notice of his application in accordance with 148.8 Paragraph 7, Circular No. 863b, 56 IJD. 574, and in due time to submit proof thereof. The notice must be posted in the district land office during the entire period of publi cation and the posting must be certified to by the register.
150.6 Recommendation by General Land Office; action by Secretary. The proof of publication and posting will be transmitted by the register to the Gen eral Land Office, by special letter. If found satisfactory, and in the absence of protests or other objections, the se lection will be transmitted by the Gen eral Land Office to the Secretary of the Interior with appropriate recommenda tion.
If the Secretary decides th at the ap plication should be allowed, the appli cant will be required to have his re linquishment recorded in the manner prescribed by the laws of the State of Montana and to have the abstract of title extended down to and including the date the deed of relinquishment or conveyance was recorded.
If the Secretary be of the opinion that further evidence as to value and charac
ter of land involved is necessary, he may institute such inquiry as he may deem advisable.
The Secretary in the exercise of his discretion, may withhold his approval from any application made under the provisions of the Act of February 28, 1923, although the applicant may have complied with the rules and regulations applicable thereto.
Exchanges to Eliminate Private Holdings Within Bryce Canyon and Zion Na tional Parks, Utah 150.9 Action on application: joint field examination and report. If a se lection appears regular and in conform ity with the law and regulations the application will be referred by the regis ter to the Commissioner of the General Land Office for preliminary considera tion. If, upon examination of the ap plication by the General Land Office, it appears th at any of the lands involved are within any grazing district, a copy of the application will be furnished the Grazing Service and that agency re quested to submit an appropriate report.
JShould it appear necessary, an appropri ate report will be requested from the Division of Investigations.
The Division of Investigations, if re quested, will have a field examination and report made of both the selected and the base lands to determine whether or not their value is equal within the meaning of the Act of June 7, 1924, with reference to their character as mineral, prairie, grazing, agricultural, timber, des ert land or otherwise, as the case may be, and as to springs or water holes thereon, if any. When such a report is requested, a representative of the Di vision of Investigations will cooperate with a representative of the Superin tendent of the Bryce Canyon National Park and the Zion National Park in the examination and valuation of the base lands within such n a t i o n a l parks.
Should the report of the Division of In
vestigations show curable defects, the General Land Office will give the appli cant an opportunity to amend his appli cation, if possible, so as to cure the defects.
150.10 Publication and posting. If the report of the Division of Investiga tions is favorable and the selection ap pears regular and in conformity with the law and regulations, the Commissioner of the General Land Office will direct the register to notify the applicant and re quire him, within 30 days from receipt of notice, to begin publication of notice of his application in accordance with 148.8 Paragraph 7, Circular No. 863b, 56 I.D. 574, and in due time to submit proof thereof. The notice must be posted in the district land office during the entire period of publication and the posting must be certified to by the register.
150.12 Recommendation by General Land Office; action by Secretary. The proof of publication and posting will be
transmitted by the register to the Gen eral Land Office, by special letter. If found satisfactory, and in the absence of protests or other objections, the se lection will be transmitted by the Gen eral Land Office to the Secretary of the Interior with appropriate recommenda tion.
If the Secretary decides th at the ap plication should be allowed, the appli cant will be required to have his relin quishment recorded in the manner pre scribed by the laws of the State of Utah and to have the abstract of title ex tended down to and including the date the deed or relinquishment or convey ance was recorded.
If the Secretary be of the opinion that further evidence as to value and charac ter of land involved is necessary, he may institute such inquiry as he may deem advisable.
The Secretary in the exercise of his discretion, may withhold his approval from any application made under the provisions of the Act of June 7, 1924, although the applicant may have com plied with the rules and regulations ap plicable thereto.
P art 152E xchanges for the B enefit of P articular S tates
Exchanges for the Benefit of the States of North Dakota, South Dakota, Mon tana, and Washington 152.9 Action on application; re ports. If the selection appears regular and in conformity with the law and reg ulations, the register will assign a serial number to the application and refer it to the Commissioner of the General Land Office, for preliminary consideration. If, upon examination of the application by the General Land Office, it appears that any of the lands involved either offered or selected are a part of any grazing district, a copy of the application will be furnished the Grazing Service and that agency requested to submit an ap propriate report. If it appears neces sary, an appropriate report will be requested from the Division of Investiga tions.
The Division of Investigations, if re quested, will have a field examination made of both the selected and the base lands to determine whether or not their value is equal within the meaning of the Act of May 7, 1932, to determine the character of the selected land as to min erals, and to determine whether or not the selected land has value for .springs or water holes withdrawn in Public Water Reserve No. 107, or by E.O. 5389, of July 7, 1930.
152.10 Publication and posting; re turn of deed for recording and abstract for completion; approval of selection.
If the report of the Division of Investi gations is favorable, the Commissioner, in the absence of objection, will author ize the acceptance, of the selection, and direct the register to prepare notice for publication of the selected land, in ac cordance with 270.10 Paragraph 10,