§254.6. Segregative effect.
36 C.F.R. § 254.6
If a proposal is made to exchange Federal lands, the authorized officer may request the appropriate State Office of the Bureau of Management (BLM) to segregate the Federal lands by a notation on the public land records. Subject to valid existing rights, the Federal lands shall be segregated from appropriation under the public land laws and mineral laws for a period not to exceed 5 years from the date of record notation.
Any interests of the United States in the non-Federal lands that are covered by the exchange proposal may be noted and segregated from appropriation under the mineral laws for a period not to exceed 5 years from the date of notation.
The segregative effect terminates as follows—
Automatically, upon issuance of a patent or other document of conveyance to the affected lands;
On the date and time specified in an opening order, published in the Federal Register by the appropriate BLM State Office, if a decision is made not to proceed with the exchange or upon removal of any lands from the exchange proposal; or
Automatically, at the end of the segregation period not to exceed 5 years from the date of notation on the public land records, whichever occurs first.
Notes, amendments, and revision history
Authority
Authority: 7 U.S.C. 428a(a) and 1011; 16 U.S.C. 484a, 485, 486, 516, 551, 555a; 43 U.S.C. 1701, 1715, 1716, 1740.
Source
Source: 59 FR 10867, Mar. 8, 1994, unless otherwise noted.