C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—LAND RESOURCE MANAGEMENT (2000) Group 2000—Land Resource Management; General › PART 2450—PETITION-APPLICATION CLASSIFICATION SYSTEM › Subpart 2450—Petition-Application Procedures

43 C.F.R. § 2450.6

Effect of final order

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(a) A final order of the Secretary shall continue in full force and effect so long as the lands remain subject to classification under the authorities cited in subpart 2400 until an authorized officer revokes or modifies it. Until it is so revoked or modified, all applications and petition-applications for the lands not consistent with the classification of the lands will not be allowed. Any payments submitted therewith will be returned. If the order is revoked or modified, the land will be opened to entry on an equal-opportunity basis after public notice in accordance with applicable regulations for the purpose for which it may be classified.

(b) Nothing in this section, however, shall prevent the Secretary of the Interior, personally and not through a delegate, from vacating or modifying a final order of the Secretary. In the event that the Secretary vacates or modifies a final order within sixty days of the date it became final, any preference right of a petitioner-applicant will be restored.

Notes of Decisions
Cited in 2 cases, 1975–1981 · leading case: Ray Strickland & Sam Lorimer v. Hon. Rogers C. B. Morton, 519 F.2d 467 (9th Cir. 1975).
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Ray Strickland & Sam Lorimer v. Hon. Rogers C. B. Morton, 519 F.2d 467 (9th Cir. 1975). “( 43 C.F.R. § 2450.6 .) Since the denial of appellants’ application for entry on lands withdrawn from entry presents no factual issue, and this court, for the reasons herein mentioned, lacks jurisdiction to review the correctness of the Secretary’s classification decision, it…”
John L. Faulkner, Laura Jo Faulkner, R. Fred Faulkner, & Susan L. Faulkner v. James G. Watt, Sec'y of the Interior, 661 F.2d 809 (9th Cir. 1981). · cites it 2× “With regard to land which has already been classified under a final order of the Secretary, a BLM regulation provides as follows: 43 C.F.R. § 2450.6 Effect of final order.”
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