43 C.F.R. § 2091.7-1

Segregative effect and opening: Classifications

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(a)(1) Lands classified under the authority of the Recreation and the Public Purposes Act, as amended (43 U.S.C. 869-4), and the Small Tract Act (43 U.S.C. 682a) are segregated from the operation of the public land laws, including the mining laws, but not the mineral leasing laws, the material disposal laws, and the Geothermal Steam Act, except as provided in the notice of realty action.

(2) Lands classified under the authority of the Classification and Multiple Use Act (43 U.S.C. 1411-18) are segregated to the extent described in the notice of classification.

(b) The segregative effect of the classification described in § 2091.7-1 of this title terminates and the lands are opened under the following procedures:

(1) Recreation and Public Purposes Act classifications; (i) Made after the effective date of these regulations terminate and the lands automatically become open at the end of the 18-month period of segregation specified in part 2740 of this title, unless an application is filed; (ii) made prior to the effective date of these regulations where the 18-month period of segregation specified in part 2740 of this title is in effect on the effective date of these regulations, expire and the lands automatically become open at the end of the 18-month period of segregation unless an application is filed; (iii) made prior to the effective date on these regulations where the 18-month period of segregation has expired prior to the effective date of these regulations, terminate by publication in the Federal Register of an opening order specifying the date and time of opening.

(2) Small Tract Act classifications terminate by publication in the Federal Register of an opening order specifying the date and time of opening.

(3) Classification and Multiple Use Act classification shall be terminated by publication in the Federal Register of an opening order specifying the date and time of opening.

[52 FR 12175, Apr. 15, 1987; 52 FR 36575, Sept. 30, 1987]
Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: McCarrey v. Kaylor, 301 P.3d 559 (Alaska 2013).
McCarrey v. Kaylor, 301 P.3d 559 (Alaska 2013). “except as provided in the notice of realty action."). 28 . See, eg., Realty Action; Termination of Classification and Opening Order: Alaska, 67 Fed.”
— 43 C.F.R. § 2091.7-1(a)(1) — 1 case
McCarrey v. Kaylor, 301 P.3d 559 (Alaska 2013). “except as provided in the notice of realty action."). 28 . See, eg., Realty Action; Termination of Classification and Opening Order: Alaska, 67 Fed.”
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