Bonneville Power Administrator, whose authority concerning leases is derived from the act of August 20, 1937 (16 U. S. C. 832 et seq.), as amended. (R. S. 161; 5 U.S.C. 22) [Order 2360, Sept. 15, 1947, 12 F.R. 6291]

Subpart C-Bureau of Land Management

CROSS REFERENCE: For delegation of authority with respect to contracts to the Bureau of Land Management, see § 4.100, supra.

§ 4.261 Functions with respect to minerals in certain acquired lands. (a) Pursuant to the provisions of section 402 of Reorganization Plan No. 3 of 1946 (3 CFR, 1946 Supp., Chapter IV) the leasing or other disposal of minerals, other than oil, gas, oil shale, coal, phosphate, sodium, potassium and sulphur, in acquired lands pursuant to the authority contained in the act of March 4, 1917 (39 Stat. 1134, 1150, 16 U. S. C. 520), Title II of the National Industrial Recovery Act of June 16, 1933 (48 Stat. 195, 200, 202, 205, 40 U. S. C. 401, 403 (a), and 408), the 1935 Emergency Relief Appropriation Act of April 8, 1935 (48 Stat. 115, 118), section 55 of Title I of the act of August 24, 1935 (49 Stat. 750, 781), and the act of July 22, 1937 (50 Stat. 522, 525, 530), as amended July 28, 1942 (56 Stat. 725, 7 U. S. C. 1011 (c) and 1018), including leases and permits heretofore issued by the Department of Agriculture, will be handled by the Bureau of Land Management in accordance with general policies established by regulations approved by the Secretary.

(b) The leasing, where authorized by law, of minerals, other than oil, gas, oil shale, coal, phosphate, sodium, potassium and sulphur in acquired lands, under the jurisdiction of the bureaus and other agencies of the Department of the Interior, except Indian lands, will be handled by the Bureau of Land Management in accordance with the general policies established under the Mineral Leasing Act, as amended, and under regulations to be submitted for approval by the Secretary.

Proceeds realized by the United States from such mineral leases will be deposited in the same funds as other funds from such acquired lands. This paragraph shall apply to permits as well as to leases.

(c) Actions taken by the Director, Bureau of Land Management, shall be subject to the right of appeal to the Secretary according to the rules of practice

(43 CFR, Part 221). (R.S. 161; 5 U.S.C. 22) [Misc. 2136987, Dec. 15, 1947, 12

F.R. 8677]

CROSS REFERENCE: For regulations for disposal of these minerals, see §§ 200.31 to 200.36 of this title. For regulations for disposal of deposits of oil, gas, oil shale, coal, phosphate, sodium, potassium and sulphur in acquired lands, see §§ 200.1 to 200.10, inclusive, of this title.

CODIFICATION: Prior to its revision, § 4.261 was amended in the following respects by Order 2291, Secretary of the Interior, Jan. 27, 1947, 12 F.R. 839:

1. The paragraph designation (a) was inserted immediately following the section headnote.

2. The last sentence in the first paragraph which read "Actions taken by the Director, Bureau of Land Management, shall be subject to the right of appeal to the Secretary according to the rules of practice (43 CFR, Part 221)" was deleted.

3. Paragraphs (b) and (c) which read as follows were added at the end of the section. (b) The leasing, where authorized by law, of minerals in acquired lands, under the jurisdiction of the bureaus and other agencies of the Department of the Interior, except Indian lands, will be handled by the Bureau of Land Management in accordance with the general policies established under the Mineral Leasing Act, as amended, and under regulations to be submitted for approval by the Secretary.

Except where the proposal originates in the bureau or agency having jurisdiction over the acquired lands, the Director, Bureau of Land Management, shall request the recommendation of the bureau or agency with respect to all proposals for leases made to such bureau or agency, including any stipulation which should be incorporated in a lease to prevent operations thereunder from interfering with the use for which the land was acquired. Any lease to be issued pursuant to this paragraph and the regulations issued hereunder shall be prepared in the Bureau of Land Management. If there is any disagreement between any of the bureaus as to leasing any land or as to the terms or conditions of any proposed lease, the matter shall be submitted to the Secretary by the bureaus concerned.

Proceeds realized by the United States from such mineral leases will be deposited in the same funds as other funds from such acquired lands. This paragraph shall apply to permits as well as to leases.

(c) Actions taken by the Director, Bureau of Land Management, shall be subject to the right of appeal to the Secretary according to the rules of practice (43 CFR, Part 221).

§ 4.275 Functions with respect to various statutes. (a) The Director of

the Bureau of Land Management, and the several regional administrators and district managers of that bureau when authorized to do so by an order of the Director published in the FEDERAL REGISTER, may act in relation to the following classes of matters without obtaining Secretarial approval, unless the Secretary in any particular determines otherwise, and subject in any event to an appeal to the Secretary according to the rules of practice (43 CFR, Part 221):

*

(12) Applications for selections of land by States under 43 CFR, Parts 270 and 271, including the approval of clear lists under those regulations and section 2449 of the Revised Statutes (43 U. S. C. 859).

*

(27) Execution of agreements for payment, because of drainage, of compensatory royalties.

(36) Sales of isolated or rough and mountainous tracts under section 2455 of the Revised Statutes, as amended (48 Stat. 1269, 1274; 43 U. S. C. 1171), in accordance with existing policies.

(37) Applications for exchanges under 43 CFR, Parts 146, 147, and 149 to 152, inclusive, and the approval of such applications.

*

(39) Applications for permission to film motion or sound pictures with respect to areas under the jurisdiction of the Bureau of Land Management, in accordance with 43 CFR, Part 5.

*

(45) The Director and Associate Director of the Bureau of Land Management, and such other officials of the Bureau as either of them may designate, are each authorized to approve and sign letters, including letters to the Bureau of the Budget and the Attorney General, concerning the revocation of public-land withdrawals when the department originally requesting such withdrawal has advised that the withdrawal is no longer necessary for its purposes.

(46) Applications for the lease or sale of lands in the Matanuska Valley, Alaska, under the act of October 17, 1940 (54 Stat. 1191; 48 U. S. C. 353 note), including the approval of such applications, and the issuance, assignment, modification or cancellation of such leases.

(47) Applications for the exchange of reclamation lands under the act of March 4, 1915 (38 Stat. 1215, 43 U. S. C. 447) and under section 44 of the act of May 25, 1926 (44 Stat. 648; 43 U. S. C. 423c), including their approval.

(48) Applications and permits for the development of underground water in Nevada under 43 CFR, Part 234.

(49) Applications for selections of lands by the States of Utah and Arizona for miners' hospitals under the act of February 20, 1929 (45 Stat. 1252), including the approval of clear lists.

(50) The modification or revocation of Departmental orders as to the application to particular lands of the Executive order of April 17, 1926, creating Public Water Reserve No. 107.

(51) Applications for preference right leases to entrymen, or patentees or assigns where the lands are on a producing structure, under section 20 of the act of February 25, 1920 (41 Stat. 437, 445; 30 U. S. C. 229), the issuance of such leases, and consolidations, modifications, revocations and cancellations relating thereto.

(52) Applications for coal leases under sections 2 to 8, inclusive, of the act of February 25, 1920 (41 Stat. 438; 30 U. S. C. 201, 202-208), the issuance and renewal of such leases, and consolidations, modifications, revocations and cancellations relating thereto.

(53) Applications for coal permits in Alaska under the act of March 4, 1921 (41 Stat. 1363; 48 U. S. C. 444) and applications for coal leases in Alaska under the act of October 20, 1914 (38 Stat. 741; 48 U. S. C. 432 to 445, 446 to 452), the issuance of such permits and leases, the award and renewal of leases, and consolidations, modifications, revocations and cancellations relating thereto.

(54) Applications for oil and gas non-competitive leases and the offering of units and the acceptance of bids for competitive oil and gas mineral leasing in acquired lands transferred to the Department of the Interior from the Department of Agriculture by the President's Reorganization Plan No. 3 of 1946 and in acquired lands under the jurisdiction of the bureaus and other agencies of the Department of the Interior except Indian lands; the issuance of such leases and the approval of assignments or royalty interests therein, operating agreements and assignments of such agreements, and subleases; the execution of agreements for payment, because of drainage, of compensatory royalties; the acceptance of surrenders of parts or all of such

leases and the cancellation of such leases; and the approval of all bonds filed in connection with leases of this kind.

[Preceding subparagraph (54), in small type, superseded by following subparagraph (54) during period covered by this Supplement]

(54) Applications for, and the issuance, renewal, consolidation, modification, revocation, and cancellation of, oil and gas competitive and noncompetitive leases, coal leases, and coal, sodium and sulphur permits in acquired lands subject to the act of August 7, 1947 (61 Stat. 913; 30 U.S.C. 351-359), in acquired lands subject to section 502, Reorganization Plan No. 3 of 1946 (3 CFR, 1946 Supp., Chapter IV) and in acquired lands, other than Indian lands, under the jurisdiction of the bureaus and agencies of the Department of the Interior; with respect to all types of leases or permits for oil, gas, oil shale, coal, sodium, sulphur, potassium and phosphate in such acquired lands, the approval of assignments or royalty interests therein, operating agreements and assignments of such agreements, and subleases, the acceptance of surrenders of parts or all of such leases and permits, and the approval of all bonds filed in connection with such leases and permits, and the execution of agreements for payment, because of drainage, of compensatory royalties. [Subparagraph (54) amended by Misc. 2,136,987, Dec. 15, 1947, 12 F.R. 8677]

(55) Applications for water well leases pursuant to section 40 of the Mineral Leasing Act (48 Stat. 977; 30 U. S. C. 229a); and 30 CFR 241.6, and the issuance, assignment, modification or cancellation of such leases.

(56) Waiver of the 160-rod restriction as to length of claims or restoration to entry and disposition of the reserved shore spaces in Alaska, under the act of June 5, 1920 (41 Stat. 1059, 48 U. S. C. 372).

(57) The execution, modification, rescinding, terminating and extending of contracts for the protection of the public domain, including the Oregon revested and reconveyed lands from fire.

(58) Reserved.

(59) Reserved.

(60) Applications for temporary permits for rights-of-way for logging roads on the revested Oregon and California Railroad and the reconveyed Coos Bay Wagon Road grant lands, in Oregon, in

accordance with 43 CFR 115.114 to 115.127, inclusive, and the issuance, modification, renewal, assignment or cancellation of such permits.

(61) Applications for grazing leases and crossing permits on the revested Oregon and California Railroad and the reconveyed Coos Bay Wagon Road grant lands, in Oregon, in accordance with 43 CFR 115.128 to 115.149, inclusive, and the issuance, modification, renewal, assignment or cancellation of such leases and permits.

(b) The Director of the Bureau of Land Management, and the several regional administrators and district managers of that bureau when authorized to do so by an order of the Director published in the FEDERAL REGISTER, may classify under section 7 of the Taylor Grazing Act of June 28, 1934 (48 Stat. 1269, 1272), as amended by the act of June 26, 1936 (49 Stat. 1976; 43 U. S. C. 315f), or pursuant to other laws, land as being suitable for the following types of disposition, without obtaining Secretarial approval, unless the Secretary in any particular matter determines otherwise, and subject in any event to an appeal to the Secretary according to the rules of practice (43 CFR, Part 221):

(1) Under the homestead laws or the desert land laws.

(2) As an isolated or rough and mountainous tract under section 2455 of the Revised Statutes as amended (48 Stat. 1269, 1274; 43 U. S. C. 1171).

(3) Under the Small Tract Act of June 1, 1938 (52 Stat. 609; 43 U. S. C. 682a). (4) Exchanges under 43 CFR, Parts 146, 147 and 149 to 152, inclusive.

(5) Indian allotments, with the concurrence of the Commissioner or Assistant Commissioner of Indian Affairs.

(6) Leasing for public airport purposes under the act of May 29, 1928 (45 Stat. 728; 49 U. S. C. 211), as amended.

(7) Under 43 CFR, Part 234, relating to the development of underground water in Nevada.

(8) Under the act of February 20, 1929 (45 Stat. 1252), providing for selections by the States of Utah and Arizona for miners' hospitals.

(9) Under 43 CFR, Part 270, relating to selections by States under grants for educational, institutional, and park purposes.

(10) Lands in abandoned military reservations, either under section 2 of the

CODIFICATION: § 4.275 was amended in the following respects during the period covered by this Supplement:

1. In paragraph (a) the introductory text and subparagraphs (12), (27), (36), (37), and (39) were amended to read as set forth above, subparagraphs (46) to (57), inclusive, were added, paragraph (b) was redesignated (c), and a new paragraph (b) was added as set forth above, by Order 2325, Secretary of the Interior, May 24, 1947, 12 F.R. 3566.

2. The phrase "and the renewal of any such contract" was added at the end of paragraph (a) (42) by Order 2307, Assistant Secretary of the Interior, Apr. 7, 1947, 12 F.R. 2315.

3. Paragraph (a) (45) was added as set forth above by Order 2303, Secretary of the Interior, Mar. 13, 1947, 12 F.R. 1942.

4. In paragraph (a) (43) the text ", and as supplemented by the act of September 20, 1922 (42 Stat. 857; 16 U.S.C. 594)" was deleted by Order 2359, Assistant Secretary of the Interior, Sept. 4, 1947, 12 F.R. 6028.

5. In paragraph (a) subparagraphs (60) and (61) were added by Order 2367, Assistant Secretary of the Interior, Oct. 10, 1947, 12 F.R. 6895.

§ 4.276 Functions relating to grazing district administration. (a) The Director of the Bureau of Land Management and the several regional administrators of that Bureau when authorized to do so by an order of the Director published in the FEDERAL REGISTER, may act in relation to the following classes of matters without obtaining Secretarial approval, unless the Secretary in any particular matter determines otherwise, and subject in any event to an appeal to the Secretary according to the rules of practice. [First sentence amended by Order 2330, May 29, 1947, 12 F.R. 3890]

*

*

§ 4.278 Functions relating to surplus real property. In accordance with the Surplus Property Act of October 3, 1944 (58 Stat. 765, 50 U.S.C. App., 1611), as amended, with regulations issued thereunder by the War Assets Administrator, the Bureau of Land Management is authorized and directed to act as the Department's disposal agency with respect to surplus real property in the continental United States, and in the territories

and island possessions of the United States. The Director of the Bureau of Land Management may exercise the following powers and authority within the limits specified in the second undesignated paragraph of this section as to any surplus real property including surplus personal property to be used or disposed of with surplus real property which has been assigned to the bureau for disposition under the said act and regulations; to execute deeds, conveyances, leases, permits, contracts, and other documents necessary or appropriate in the course of the administration and disposition of such property. The authority conferred in this section shall apply to transfers without consideration made in accordance with the applicable provisions of the act and regulations including the provisions requiring approval of such transfers by the War Assets Administrator; to execute certificates of compliance in accordance with the priority provisions of the act and regulations; to delegate any of the powers described in this section to any employee of the Bureau of Land Management subject to any rules which the Secretary may prescribe. The Director shall keep the Secretary currently advised of any redelegation of power.

The authority delegated in this section is subject to the following limitations: before the executon of any deed for property in a territory or island possession of the United States, the proposal for conveyance of the property shall be submitted to the Director, Division of Territories and Island Possessions for his endorsement. The powers and authority delegated in this section shall not extend to the execution of any deed or conveyance for which a consideration of $100,000 or more is to be paid unless the conveyance is based upon a priority claim. (Sec. 8, 58 Stat. 768, 50 U.S.C. App., 1617) [Order 2297, effective Feb. 11, 1947, 12 F.R. 1166]

CODIFICATION: The functions of the Bureau of Land Management as a disposal agency of the War Assets Administration were terminated by the revision of §§ 8301.1 to 8301.20 of Title 32, supra.

As a result of this termination, the delegation of authority set forth in § 4.278, supra, was revoked by Order 2422, Assistant Secretary of the Interior, Apr. 19, 1948, 13 F.R. 2222. § 4.279 Fire protection contracts. [Revoked]

CODIFICATION: § 4.279 was revoked by Order 2325, Secretary of the Interior, May 24, 1947, 12 F.R. 3567.

§ 4.290 Revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands in Oregon. The Regional Administrator of Region I may approve notices of hearings and he or any employee of the Region designated by him may hold public hear

ings on master units and their appurtenant marketing areas, and on sustained-yield forest units and cooperative agreements for sustained-yield forest units, which comprise parts of revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands, and lands in private ownership or controlled by other public agencies, under authority of the act of August 28, 1937, 50 Stat. 874. (R.S. 161; 5 U.S.C. 22; Reorganization Plan No. 3 of 1946, 3 CFR, 1946 Supp., Ch. IV) [Order 2319, May 9, 1947, 12 F.R. 3228]

Subpart D-Bureau of Mines

[Added]

CROSS REFERENCE: For delegation of authority with respect to contracts to the Bureau of Mines, see § 4.100, supra.

§ 4.355 Contracts for the sale of helium. Final authority to execute contracts for the sale of helium is delegated to the Director of the Bureau of Mines except where the Director or any official of the Bureau connected with the sale of helium has information or reason to believe that the helium is to be (a) exported; (b) used in airship flights to foreign countries; or (c) used for novel industrial purposes.

In those instances where authority to execute helium contracts is not delegated hereby, the Director, if he believes that contracts for the sale of helium should be executed by the Secretary, shall transmit all relevant papers to the Secretary, together with any evidence that he or any officials of the Bureau connected with the sale of helium may have concerning the proposed use of the helium and the prospective purchaser or purchasers. In addition, he shall specify whether he believes the provision for liquidated damages referred to in 30 CFR 1.14 (c) should be invoked, and if so, the amount of such damages. (R. S. 161, 50 Stat. 885, 5 U. S. C. 22, 50 U. S. C. 161-166) [Order 2302, Mar. 13, 1947, 12 F.R. 1840]

§ 4.360 Drilling contracts. (a) Irrespective of the amount involved, the Director of the Bureau of Mines may enter into drilling contracts-B. of M. Form 6-758-in conformity with applicable regulations and statutory requirements and subject to the availability of appropriations. Secretarial approval is not a condition precedent to the consummation of a binding drilling contract unless the Secretary by a written order published in the FEDERAL REGISTER Specifically prescribes such a requirement. However, the Director of the Bureau of Mines may request

Secretarial approval of any proposed drilling contract. The authority granted by this paragraph includes the authority to issue change orders and extra work orders pursuant to a contract, to enter into modifications of a contract which are legally permissible, and to terminate a contract if such action is legally authorized.

(b) The Director of the Bureau of Mines may redelegate the authority granted in paragraph (a) of this section to subordinate officials and employees of the Bureau. Each such redelegation shall be published in the FEDERAL REGISTER. (60 Stat. 237, 5 U.S.C. 1001-1011) [Order 2306, Mar. 19, 1947, 12 F.R. 2036]

CODIFICATION: § 4.360 was superseded by § 4.100 supra, by Order 2336, Secretary of the Interior, June 19, 1947, 12 F.R. 4115.

Subpart E-Bureau of Reclamation CROSS REFERENCE: For delegation of authority with respect to contracts to the Bureau of Reclamation, see § 4.100, supra.

§ 4.412 Delegation of authority with respect to investigation, construction and operation of Federal Reclamation Projects. (a)

(2) In any case where the expenditure of funds by the United States is estimated not to exceed $100,000 to contract (i) for the relocation of properties; (ii) for the right to construct project facilities across private property, including the property of States and political subdivisions thereof; (iii) for the exchange or replacement of water and water rights; or (iv) for the adjustment of water rights; and in connection therewith to execute in the name of the Secretary, all necessary grants or conveyances, but any grant or conveyance involving withdrawn public lands shall be executed only with the concurrence of the Director of the Bureau of Land Management. In the event the authority under this subparagraph is exercised by other than the Commissioner of Reclamation, all such grants or conveyances shall be on forms approved by the Commissioner. [Subparagraph (2) amended by Order 2376, Nov. 24, 1947, 12 F.R. 8230]