purchase the tract at or after the expiration of one year from the date the lease is issued, provided the improvements required by the lease have been made and the lessee or his successor in interest has otherwise complied with the terms and conditions of the lease, including the option to purchase clause. The option to purchase clause will set forth the appraised value of the unimproved land at the date the lease was issued. This value, together with the cost of survey, if any, necessary to describe the land properly, will constitute the price at which the land may be purchased. Any rental paid in advance for the lease period subsequent to the date that an application for sale is properly filed will be credited against the purchase price.

Leases of tracts which are classified for lease only will not contain an option to purchase clause.

Proposed assignments of leases, and proposed subleases of leased lands, in whole or in part, must be submitted, in triplicate, within 90 days from the date of execution for approval by the appropriate officer designated above. The proposed assignment or sublease must contain all of the terms and conditions agreed upon by the parties thereto, must be accompanied by the same showing by the assignee or sublessee as is required of applicants for a lease, and must be supported by a showing that the assignee or sublessee agrees to be bound by the provisions of the lease. No assignment or sublease will be recognized unless and until approved by the appropriate officer designated above.

§ 257.11 Renewal of lease; preference rights. The manager may act upon applications to renew leases which he is authorized to issue. (See § 257.10.) He may issue such renewal leases for periods not exceeding five years, provided the land then is classified for the purpose specified in the original lease. All other applications to renew leases will be acted upon, and renewal leases issued, by the Regional Administrator.

Upon the filing of an application for the renewal of a lease, not more than six months or less than 60 days prior to its expiration, the lessee or his duly approved successor in interest will be accorded a preference right to a new lease, upon such terms and for such duration as may be fixed by the appropriate officer designated above, if the terms of the lease have been complied with and it is determined that a new lease should be granted. No option to purchase clause may be placed in the renewal lease if it is not in the original lease unless the lands have been classified for sale.

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 257.11 Renewal of lease; preference rights. The manager may act upon all applications to renew leases. He may issue such renewal leases for periods not exceeding five years, provided the land then is classified for the purpose specified in the original lease.

Upon the filing of an application for the renewal of a lease, not more than 6 months or less than 60 days prior to its expiration, the lessee or his duly approved successor in interest will be awarded a preference right to a new lease, upon such terms and for such duration as may be fixed by the manager, if it is determined that a new lease should be granted. No option to purchase clause may be placed in the renewal lease if it is not in the original lease unless the lands have been classified for sale. [Circ. 1665, approved Nov. 19, 1947, 12 F.R. 7946]

§ 257.12 Assignment of lease; sub-leases of leased lands. The manager may approve assignments of leases and sub-leases of the lands subject to leases which he is authorized to issue (see § 257.10). All other assignments and subleases will be approved by the Regional Administrator.

[Preceding paragraph, in small type, superseded by following paragraph during period covered by this Supplement]

§ 257.12 Assignment of lease; subleases of leased lands. The manager may approve assignments of leases and subleases of any lands, except where more than one tract would be assigned or subleased to an assignee or sublessee. In such case the assignment or sublease must be approved by the Director. [First paragraph amended by Circ. 1665, approved Nov. 19, 1947, 12 F.R. 7947]

§ 257.13 Cancellation or modification of lease. The Manager may modify or cancel any lease where the lessee has failed to comply with any of the terms, covenants and stipulations of the lease or to abide by any of the regulations in this part, and such default has continued for 30 days after written notice thereof.

CODIFICATION: In § 257.13 the word "manager" was substituted for "Regional Administrator" by Circular 1665, Director, Bureau of Land Management, approved by the Assistant Secretary of the Interior, Nov. 19, 1947, 12 F.R. 7947.

§ 257.14 Sale. The Director may authorize the sale of those tracts which

have been classified for sale whenever, within the limitations of the lease and the regulations in this part, he may consider such action appropriate.

Lands will be classified for sale where found to be primarily suitable for use and occupancy as provided by the act, and where their disposal and use in private ownership will not interfere unduly with the use of private lands or other Federal lands. Tracts will be sold under the act when the lessee or his duly approved successor in interest has placed the improvements on the tract required by the lease and otherwise has complied with the terms and conditions of the lease but no sale may be made and no application for sale may be filed until the tract has been under lease to the sale applicant or his duly approved successor in interest for at least one year from the date the lease was issued. The sales price of the tract will be indicated in the option to purchase clause of the lease.

An application for sale should be made on Form 4-775a. When a sale is authorized, the applicant will be allowed sixty days from service of notice of such authorization to deposit either the full amount of the purchase price, or, if he desires, one-fourth thereof. If only onefourth of the purchase price is paid, the balance may be paid in equal semi-annual instalments but must be paid within two years after the initial payment has been made. The applicant's right to the tract and the money he has paid will be forfeited if he fails to make full payment within that period.

Any advance rentals paid for the lease period subsequent to the date that the application for sale is properly filed will be credited against the purchase price.

If the applicant has paid the full purchase price and otherwise complied with the foregoing and no objection appears, cash certificate will be issued by the Manager, to be followed by patent.

CODIFICATION: In § 257.14 the word "Director" was substituted for "Regional Administrator". See codification note to § 257.2, supra.

$257.15 Minerals. Any lease or patent issued under the act will reserve to the United States (a) all deposits of coal, oil, gas or other minerals, together with the right to prospect for, mine, and remove the same under such regulations as the Secretary may prescribe, and (b) all

fissionable source materials, together with the right to prospect for, mine and remove the same, in accordance with the act of August 1, 1946 (60 Stat. 755). Any minerals subject to the leasing laws, in the lands patented or leased under the terms of the act may be disposed of to any qualified person under applicable laws and regulations in force at the time of such disposal. No provision is made at this time to prospect for, mine, or remove the other kinds of minerals that may be found in such lands, and until rules and regulations have been issued, such reserved deposits will not be subject to prospecting or disposition.

§ 257.16 Timber. A lessee will not be permitted to cut timber from the leased lands without first obtaining permission through the district land office. Such permission will not be granted except where the timber is to be cut to clear the land or to make improvements.

CODIFICATION: In § 257.16 the words "through the district land office" were substituted for "from the Regional Manager" by Circular 1665, Director, Bureau of Land Management, approved by the Assistant Secretary of the Interior, Nov. 19, 1947, 12 F.R. 7947.

§ 257.17 Rectangular tracts. The official township plats ordinarily provide the basis for descriptions of tracts, in compact form, in units of 5 acres or aliquot parts thereof. Where a tract, not exceeding five acres, can be conformed to legal subdivisions of the survey, no additional official survey will ordinarily be made by the Government beyond the identification of the quarter section corners.

Where

§ 257.18 Supplemental plats. a tract is situated in the fractional portion of a sectional lotting, a supplemental plat may be required to afford a suitable description. The plat will be prepared at the time of the approval of the application. If the subdivision of the sectional lotting would result in narrow strips or other areas containing less than 22 acres, not suitable for sale or lease as separate units, such excess areas, in the discretion of the Director, may be included in the adjoining 5-acre tracts.

CODIFICATION: In § 257.18 the word "Director" was substituted for "Regional Administrator", see codification note to § 257.2 supra. § 257.19 Irregular tracts; cost of special survey. Where, in the opinion of the Director, the rectangular form is

not the most desirable plan for development of an area, tracts irregular in form, not in excess of 5 acres each, may be leased or sold in accordance with the regulations in this part. Applicants for such tracts will be required to submit a metes-and-bounds description sufficiently complete to identify the location, boundary, and area of the lands. Where a special offical survey is required of an irregular tract for the purpose of patent or lease description, the cost thereof will be paid by the applicant. If there is a group of contiguous or closely associated tracts to be surveyed at one time the cost will be prorated among the tracts on an acreage basis. The applicant will be required to make an advance payment to the manager, equal to the estimated cost of executing the survey, before the field work will be undertaken. He will be credited with any excess payments prior to the issuance of patent or lease.

CODIFICATION: In § 257.18 the word "Director" was substituted for "Regional Administrator", see codification note to § 257.2, supra.

§ 257.20 Tracts on unsurveyed land. Unsurveyed public lands are not subject to lease or sale under the act. Should an application be filed for such lands, the manager will reject it. However, if desired, the applicant may file a request for the survey of the lands with the Public Survey Office of the State in which the lands are situated or with the Director if the lands are not within an organized surveying district. The description

must be sufficiently complete to identify the location, boundary, and area of the land. There should also be given, if possible, the approximate description or location of the land by section, township and range. A person who requests the survey of an area acquires no preferential right to apply for the land under the act upon the completion of the survey and the official filing of the plat. After the survey is completed and the official plat is placed on record, the surveyed area will be subject to the provisions of the act and application may then be filed.

CODIFICATION: In § 257.20 the word "Director" was substituted for "Regional Administrator of the region in which the lands are situated" by Circular 1665, Director, Bureau of Land Management, approved by the Assistant Secretary of the Interior, Nov. 19, 1947, 12 F.R. 7947.

§ 257.21 Appeals. An appeal pursuant to the rules of practice, Part 221 of this chapter, may be taken from any decision of the manager to the Regional Administrator, from the latter's decision to the Director, and, from his decision to the Secretary.

[Preceding section, in small type, superseded by following section during period covered by this Supplement]

§ 257.21 Appeals. An appeal pursuant to the rules of practice (Part 221 of this chapter) may be taken from the decision of any subordinate officer of the Bureau of Land Management to the Director, and from the Director's decision to the Secretary. [Circ. 1665, approved Nov. 19, 1947, 12 F.R. 7947]

PART 292-PUBLIC WATER

RESERVES

LANDS CONTAINING SPRINGS OR WATER HOLES NEEDED OR USED BY THE PUBLIC FOR WATERING PURPOSES

Sec.

292.3 Showing as to springs or water holes required in connection with selections, filings, or entries. [Amended] 292.5 Lands not needed or used by the public for watering purposes. [Amended]

LANDS CONTAINING HOT SPRINGS OR SPRINGS THE WATERS OF WHICH POSSESS CURATIVE PROPERTIES

292.6 Withdrawal of land from settlement, location, sale, or entry; reservation for lease. [Amended] 292.7 Purpose of withdrawal. [Amended] 292.8 Showing as to hot or medicinal springs required with applications to enter or select; permission to use lands. [Amended]

AUTHORITY: §§ 292.3 to 292.8, appearing in this Supplement, issued under R.S. 453, 2478; 43 U.S.C. 2, 1201. P.L.O. 399, Aug. 20, 1947, Appendix to this Chapter, infra.

SOURCE: §§ 292.3 to 292.8, appearing in this Supplement, contained in Circular 1661, Director, Bureau of Land Management, approved by the Assistant Secretary of the Interior, Oct. 29, 1947, 12 F.R. 7142.

LANDS CONTAINING SPRINGS OR WATER HOLES NEEDED OR USED BY THE PUBLIC FOR WATERING PURPOSES

$292.3 Showing as to springs or water holes required in connection with selections, filings, or entries.

CODIFICATION: In § 292.3 the word "statement" was substituted for "affidavit" in the first and last sentences.

By Public Land Order No. 399 of August 20, 1947 (Appendix to this chapter, infra) Executive Order 5389 was amended by deleting therefrom the words "exclusive of Alaska," so that the said order as amended applies to lands containing hot or medicinal springs in Alaska as well as elsewhere in the United States. [Undesignated paragraph added]

§ 292.7 Purpose of withdrawal. CODIFICATION: The words "exclusive of Alaska" were deleted from § 292.7.

§ 292.8 Showing as to hot or medicinal springs required with applications to enter or select; permission to use lands.

CODIFICATION: § 292.8 was amended in the following respects:

1. The words "or medicinal" were inserted after the word "hot" in the section headnote.

2. The words "or in the Territory of Alaska" were inserted after the word "State" in the first paragraph.

3. The words "made in affidavit form" were deleted from the last sentence of the second paragraph.

Sec.

297.2

297.9

Modification of order withdrawing lands containing hot or medicinal springs, Alaska. [Revoked] Withdrawal of lands containing hot or medicinal springs, exclusive of Alaska. [Amended]

297.19 Withdrawal of lands containing hot or medicinal springs, including public lands in Alaska. [Added] AUTHORITY: §§ 297.1 to 297.19, appearing in this Supplement, issued under R.S. 453, 2478; 43 U.S.C. 2, 1201. P.L.O. 399, Aug. 20, 1947, appendix to this chapter, infra.