1863.5 1863.5-1

Title transfer to the Government.
Evidence of title.

Subpart 1862-Patent Preparation and Issuance

AUTHORITY: The provisions of this Subpart 1862 issued under R.S. 2450, as amended; 43 U.S.C. 1161.

SOURCE: The provisions of this Subpart 1862 appear at 35 F.R. 9532, June 13, 1970, unless otherwise noted.

§ 1862.0-3 Authority.

(a) Patents for all grants of land shall be issued under the authority of the Director and signed in the name of the United States (act of June 17, 1948, 62 Stat. 476; 43 U.S.C. 15). The patents shall be recorded in the Bureau of Land Management in books kept for that purpose.

(b) Where a conveyance of land is made to the United States in connection with an application for amendment of a patented entry or entries, for an exchange of lands or for any other purpose except exchange transactions involving lands under the jurisdiction of the Secretary of Agriculture, and the application in connection with which the conveyance was made is thereafter withdrawn or rejected, the Director, Bureau of Land Management is authorized and directed by section 6 of the act of April 28, 1930 (46 Stat. 257; 43 U.S.C. 872), if the deed of conveyance has been recorded, to execute a quit-claim deed of the conveyed land to the party or parties entitled thereto.

§ 1862.1 Contents.

(a) Patents for lands entered or located under general laws can be issued only in the name of the party making the entry or location, or, in case of his death before making proof, to the statutory successor making the proof, provided by law.

(b) The recitals and description of land in patents will in all cases follow the manager's certificate of entry or location, as prescribed by law.

(c) The Bureau of Land Management will cause a new patent to be issued whenever it appears that a patent was regularly issued and the patent record

on file in the Bureau of Land Management is imperfect in that it does not contain the name, or the initials, of the signing and the countersigning officers. § 1862.2 Delivery.

(a) Issued on or after August 1, 1950. When a patent issued on or after August 1, 1950, is ready for delivery it will be transmitted to the patentee or his or her recognized agent or successor in interest.

§ 1862.3 Issuance of supplemental noncoal patents.

(a) The act of Congress approved April 14, 1914 (38 Stat. 335; 30 U.S.C. 82), authorized and directed the Secretary of the Interior:

In cases where patents for public lands have been issued to entrymen under the provisions of the acts of Congress approved March third, nineteen hundred and nine, and June twenty-second, nineteen hundred and ten, reserving to the United States all coal deposits therein, and lands patented are subsequently classified as noncoal in character, to issue new or supplemental patents without such reservation.

§ 1862.6 Patent to issue after 2 years

from date of manager's final receipt.

(a) The decision of the Supreme Court of the United States in Thomas J. Stockley et al., appellants, v. the United States, decided January 2, 1923 (260 U.S. 532, 67 L. ed. 390) holds that after the lapse of 2 years from the date of the issuance of the "receiver's receipt" upon the final entry of any tract of land under the homestead, or desert-land laws, such entry, entitled to patent under the proviso to section 7 of the act of March 3, 1891 (26 Stat. 1098; 43 U.S.C. 1165), regardless of whether or not the manager's final certificate has issued.

(b) The Supreme Court of the United States in Payne v. U.S. ex rel. Newton (255 U.S. 438, 65 L. ed. 720), decided that Newton was entitled to a patent on his homestead entry under the proviso to section 7 of the act of March 3, 1891, 2 years having elapsed from the date of the issuance of the receiver's final receipt upon final entry, and there being no contest or protest pending against the validity of the entry, but stated that the purpose of the statute was:

To require that the right to a patent which for 2 years has been evidenced by a receiver's receipt, and at the end of that period stands unchallenged, shall be recognized and given effect by the issue of the patent without further waiting or delay, and thus to transfer from the land officers to the regular judicial tribunals the authority to deal with any subsequent controversy over the validity of the entry, as would be the case if the patent were issued in the absence of the statute.

CROSS REFERENCES: For mineral reservations, see Subpart 2093 of this chapter; for rights-of-way for roadways, see Subpart 2800 of this chapter.

Subpart 1863-Other Title

Conveyances

AUTHORITY: The provisions of this Subpart 1863 issued under R.S. 2478; 43 U.S.C. 1201.

SOURCE: The provisions of this Subpart 1863 appear at 35 F.R. 9533, June 13, 1970, unless otherwise noted.

§ 1863.5 Title transfer to the Govern

ment.

§ 1863.5-1 Evidence of title.

Evidence of title, when required by the regulations, must be submitted in such form and by such

1 The receipts formerly issued by the receivers are now issued by the managers.

may

be

abstracter or company as satisfactory to the Bureau of Land Management. A policy of title insurance, or a certificate of title, may be accepted in lieu of an abstract, in proper cases, when issued by a title company. A policy of title insurance when furnished must be free from conditions and stipulations not acceptable to the Department of the Interior. A certificate of title will be accepted only where the certificate is made to the Government, or expressly for its benefit and where the interests of the Government will be sufficiently protected thereby.

CROSS REFERENCE: For evidence of title in mining cases, see § 3862.1-3 of this chapter.

The act of September 20, 1922 (42 Stat. 857; 43 U.S.C. 1161–1163), as modified by section 403 of Reorganization Plan No. 3 of 1946 (60 Stat. 1100), reads as follows:

SEC. 1161. The Secretary of the Interior, or such officer as he may designate, is authorized to decide upon principles of equity and justice, as recognized in courts of equity, and in accordance with regulations to be approved by the Secretary of the Interior, consistently with such principles, all cases of suspended entries of public lands and of suspended preemption land claims, and to adjudge in what cases patents shall issue upon the same.

SEC. 1162. Every such adjudication shall be approved by the Secretary of the Interior and shall operate only to divest the United States of the title to the land embraced thereby, without prejudice to the rights of conflicting claimants.

SEC. 1163. Where patents have been already issued on entries which are approved by the Secretary of the Interior, the Secretary of the Interior, or such officer as he may designate, upon the canceling of the outstanding patent, is authorized to issue a new patent, on such approval, to the person who made the entry, his heirs or assigns.

by law, or where the final proof testimony, or affidavits of the entryman or claimant were executed before an officer duly authorized to administer oaths but outside the county or land district, in which the land is situated, and special cases deemed proper by the Director, Bureau of Land Management, where the error or informality is satisfactorily explained as being the result of ignorance, mistake, or some obstacle over which the party had no control, or any other sufficient reason not indicating bad faith, there being no lawful adverse claim.

2071.2

2071.3

2071.4

2072.1

Standards for names.

Standards for identification.
Effect of designations.

Subpart 2072-Procedures

Procedure for designating areas and sites.

Subpart 2070-Designation of Areas and Sites

AUTHORITY: The provisions of this Subpart 2070 issued under sec. 1(b) (1), 78 Stat. 986, R.S. 2478, as amended; 43 U.S.C. 1411, 1201. SOURCE: The provisions of this Subpart 2070 appear at 35 F.R. 9533, June 13, 1970, unless otherwise noted.

§ 2070.0-1 Purpose.

This subpart defines the circumstances and procedures under which specific areas of public and other Federal lands exclusively administered by the Secretary of the Interior through the Bureau of Land Management may be designated and identified.

§ 2070.0-2 Objective.

The objective is to provide guidelines for the designation and identification of

such areas, and to specify the nature and effect of such designations.

§ 2070.0-3 Authority.

(a) Section 1(b)(1) of the Classification and Multiple Use Act of September 19, 1964 (78 Stat. 986, 43 U.S.C. 1411) provides that none of the public or other Federal lands exclusively administered by the Secretary of the Interior through the Bureau of Land Management shall be given a designation or classification unless such designation or classification is authorized by statute or defined in regulations promulgated by the Secretary of the Interior. Classifications are described in Group 2400 of this chapter.

(b) Section 2478 of the Revised Statutes, as amended (43 U.S.C. 1201), authorizes the Secretary of the Interior to enforce and carry into execution, by appropriate regulation, every part of the provisions of the public land laws not otherwise specially provided for. § 2070.0-5

Definitions.

(a) "Designation" refers to the official identification and naming of a general area or site on public land or other Federal land exclusively administered by the Secretary through the Bureau of Land Management.

Subpart 2071-Type and Effect of Designations

SOURCE: The provisions of this Subpart 2071 appear at 35 F.R. 9534, June 13, 1970, unless otherwise noted.

§ 2071.1 Areas or sites that may be designated.

(a) No lands may be designated under the regulations in this subpart unless they are either (1) classified for reten

tion for multiple use management under the regulations and criteria in Group 2400 of this chapter, or (2) withdrawn or reserved under the regulations in Group 2300 of this chapter or other appropriate authority, or (3) given special status by act of Congress such as the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands or lands acquired under the Bankhead-Jones Act and transferred to the Bureau of Land Management for administration.

(b) The following types of areas and sites may be designated under the regulations in this subpart:

(1) Recreation lands. A tract of land usually several thousand acres in size where recreation is or is expected to be a major use, and designation will assist the public by making the areas known to them. Some examples of areas which may be designated as recreation lands follow: Scenic areas of natural beauty such as waterfalls; habitat of interesting, rare or unusual plants or animals; gorges; natural lakes; geological areas of outstanding structural or historical features of the earth's development such as caves, glaciers and other phenomena; roadless areas in which the primitive environment is preserved, sometimes referred to as wilderness, wild, primitive, roadless or virgin areas. Recreation lands will contain one or more of the six classes adopted by the Bureau of Outdoor Recreation. These classes will be identified and described at the time an area is designated. These lands may be defined briefly as follows:

(1) Class I-High-density recreation areas: Areas intensively developed and managed for mass use.

(ii) Class II-General outdoor recreation areas: Areas subject to substantial development for a wide variety of specific recreation uses.

(iii) Class III-Natural environment areas: Varied and interesting land forms, lakes, streams, flora, and fauna within attractive natural settings suitable for recreation in a natural environment and usually in combination with other uses.

(iv) Class IV-Outstanding natural areas: Areas of outstanding scenic splendor, natural wonder, or scientific importance that merit special attention and care in management to insure their preservation in their natural condition. These usually are relatively undisturbed, representative of rare botanical, geologi

of

cal, or zoological characteristics principal interest for scientific and research purposes.

(v) Class V-Primitive areas: Extensive natural, wild, and undeveloped areas and settings essentially removed from the effects of civilization. Essential characteristics are that the natural environment has not been disturbed by commercial utilization and that the areas are without mechanized transportation.

(vi) Class VI-Historic and cultural sites: Sites of major historical or cultural significance, either national, regional, or local. These are usually small tracts of lands containing significant evidence of American history, such as battlegrounds, mining camps, cemeteries, pioneer trails, and trading posts; or lands which contain significant evidence of prehistoric life such as pictographs, petroglyphs, burial grounds, prehistoric structures, middens, fossils, paleontological remains, and any other evidences of prehistoric life forms.

(2) Recreation sites. These are relatively small tracts of land which have value for concentrated and intensive recreation use that usually requires construction and maintenance of public facilities. Recreation sites will contain Class I, II, III, or VI recreation lands under the Bureau of Outdoor Recreation classification system described in subparagraph (1) of this paragraph.

(3) Resource conservation areas. These are relatively small areas of land which include a variety of resource management activities demonstrating multiple use and sustained yield conservation in action.

(4) Natural resources experiment and research areas. These are relatively small areas of land which are used for research or experimental purposes.

(5) National resource lands. These are relatively large areas of land, generally more than half of which is managed by the Bureau of Land Management under principles of multiple-use and sustained yield of the several products and services obtainable therefrom, as defined and prescribed in the Classification and Multiple-Use Act of September 19, 1964 (43 U.S.C. 1411-18 (1964)). § 2071.2 Standards for names.

(a) To the fullest extent possible, standards established by the Board on Geographic Names will be followed in naming special management areas.

(b) First preference will generally be given to a geographic feature within the site or area if the feature significantly affects the utilization of the natural resources of the area.

(c) No site or area will be named after a living person. An area may be named after a deceased person if that person made a personal contribution to the utilization or management of the natural resources in the area.

(d) For public identification purposes, names of sites and areas designated in accordance with the regulations in this subpart shall be brief and descriptive. § 2071.3 Standards for identification.

Lands designated in accordance with the regulations in this subpart may be

(a) Posted by means of entrance and boundary signs sufficient to make the lands and the reason for posting known on the ground.

(b) Identified on maps or diagrams sufficient to make the existence and locations known to the general public. § 2071.4 Effect of designations.

(a) Designation under this section will have no effect upon established use or management of the areas or sites involved.

(b) If changes in the status of the land or use arrangements are desired, such changes must be accomplished by

(1) Segregation under the Classification and Multiple Use Act regulations in Group 2400 of this chapter;

(2) Withdrawal or reservation under regulations in Group 2300 of this chapter or other appropriate authority;

(3) Modification of existing use arrangements, to the extent authorized by existing authority and regulations, such as Subchapter D-Range Management (4000) of this chapter for livestock grazing.

Subpart 2072-Procedures SOURCE: The provisions of this Subpart 2072 appear at 35 F.R. 9534, June 13, 1970, unless otherwise noted.

§ 2072.1 Procedure for designating areas and sites.

The sites and areas defined under § 2071.1 may be designated, named, and posted by the authorized officer, after consultation and coordination with the authorized users and any other parties, organizations, and units of government which may have an interest in such action.