In case taxes which have been assessed or levied on the offered lands constitute liens against the lands although such taxes are not due and payable at the time of the recordation of the deed to the United States, the applicant may furnish a bond with a qualified surety for double the amount of taxes paid on the land for the previous year, or, in lieu of a bond, a cash deposit in like amount, to secure the payment of such taxes. When proper evidence of payment in full of such taxes is furnished by the applicant, liability under the bond will be terminated or the cash deposit will be returned to him.

§ 149.5 Publication; protests.

(a) Applicants for exchange will be required upon demand to publish once a week for five consecutive weeks in accordance with § 106.14 of this chapter, in a designated newspaper and in a designated form, and at their own expense, a notice allowing all persons claiming the land adversely to file in the appropriate office their objections to the issuance of patent under the applications. A protestant must serve on the applicant a copy of the objections and furnish evidence of such service.

(b) Applicants must file a statement of the publisher, accompanied by a copy of the notice published, showing that publication has been had for the required time.

§ 149.6 Unperfected claims.

Patents will not issue for the selected lands when the offered lands are embraced in unperfected claims until the applicant complies with all the requirements of the law and regulations under which the unperfected claims have been held. The applicant will be credited with all acts of compliance whether earned in connection with the offered lands or selected lands or both.

§ 149.7 Removal of improvements.

When any buildings, fencing, or other movable improvements owned or erected by an applicant on the land relinquished or conveyed are not a part of the offer to relinquish or convey, the applicant may remove such improvements from the land upon receipt of notice that the exchange has been approved: Provided, That such removal is accomplished within 90 days from receipt by him of said notice.

An appeal pursuant to the rules of practice, Part 221 of this chapter, may be taken from the decision of any officer of the Bureau of Land Management.

EXECUTIVE ORDER RESERVATIONS

§ 149.9 Statutory authority.

The act of April 21, 1904 (33 Stat. 211; 43 U.S.C. 149), authorizes the Secretary of the Interior to exchange any unreserved, nonmineral, nontimbered, surveyed public lands located in the same State or Territory as the offered lands for any privately owned lands over which an Indian reservation has been extended by executive order.

§ 149.10 Criteria for approval of exchanges.

Subject to compliance with the regulations in this part, proposed exchanges will be approved if:

(a) The selected and offered lands are approximately equal in value and in area.

(b) The selected lands are suitable for disposal through exchange and are not needed for any other program or disposal.

(c) The offerd lands are needed for the use of the Indians.

(d) The applicant pays all costs of consummating the exchange.

SAN JUAN, MCKINLEY, AND VALENCIA
COUNTIES, NEW MEXICO

Section 13 of the act of March 3, 1921 (41 Stat. 1239), authorizes the Secretary of the Interior to exchange any vacant, surveyed public lands, including any lands reconveyed under this act, in San Juan, McKinley, and Valencia Counties, New Mexico, for any privately owned lands, State school lands (except those granted by the act of January 25, 1927, 44 Stat. 1026, as amended by the act of April 22, 1954, 68 Stat. 57, 43 U.S.C. 870), and lands covered by valid unperfected claims, and by Indian allotments and Indian allotment selections in such counties.

§ 149.12 Criteria for approval of exchanges.

Subject to compliance with the regulations in this part, proposed exchanges will be approved if:

(a) The selected and offered lands are approximately equal in value.

(b) The selected lands are suitable for disposal through exchange and are not needed for any other program or disposal.

(c) The exchange would serve to consolidate the holdings of the proponent.

(d) The proponent owns land in the township in which the selected lands are located.

WALAPAI INDIAN RESERVATION, ARIZONA $149.13 Statutory authority.

The act of February 20, 1925 (43 Stat. =954), authorizes the Secretary of the Interior to exchange any Indian lands within the Walapai Indian Reservation for any privately owned lands, State school lands, and lands covered by valid unperfected claims within the boundaries of said reservation in Mohave and Coconino Counties, Arizona.

Subject to compliance with the regulations in this part, proposed exchanges will be approved if:

(a) The selected and offered lands are approximately equal in value.

(b) The selected lands are excess to the needs of the Indians.

(c) The offered lands are needed for the use of the Indians and would serve to consolidate Indian holdings.

APACHE, COCONINO, AND NAVAJO COUNTIES, ARIZONA

§ 149.15 Statutory authority.

Section 2 of the act of June 14, 1934 (48 Stat. 961), as supplemented by the act of May 9, 1938 (52 Stat. 300) authorizes the Secretary of the Interior to exchange (a) any vacant, nonmineral, surveyed public lands in Apache, Navajo, and Coconino Counties, Arizona, for any privately owned lands in Apache and Coconino Counties and in that portion of Navajo County north of the townships line between Townships 20 North and 21 North, Gila and Salt River Meridian, and (b) any available lands within the reservation described in the abovementioned act of 1934 for any lands covered by Indian allotments and Indian allotment selections in the three mentioned counties.

§ 149.16 Springs and other living waters; minerals.

(a) Applicants may select public lands containing springs or other living waters

87170-63-15

only if the offered lands contain similar waters.

(b) If an applicant reserves oil, gas, and other minerals in the offered lands, a like reservation will be made in the selected lands.

§ 149.17 Criteria for approval of exchanges.

Subject to compliance with the regulations in this part, proposed exchanges will be approved if:

(a) The selected and offered lands are approximately equal in value.

(b) The selected lands are suitable for disposal through exchange and are not needed for any other program or disposal.

(c) The offered lands are needed for the use of the Indians.

§ 149.18 Selections by State in lieu of school lands in reservation.

Selections by the State of Arizona in lieu of school lands within the boundary of the Navajo Reservation as defined by section 1 of the act of June 14, 1934 (48 Stat. 961), will be made in accordance with the regulations governing the selection of lands by States contained in Part 270 of this chapter, insofar as they apply to indemnity school land selections, and will also be subject to all other existing regulations pertaining to such selections except that no fees or commissions are required, and the offered and selected lands need not be of equal area as in ordinary indemnity school land selections but need only be approximately equal in value.

PAPAGO INDIAN RESERVATION, ARIZONA § 149.19 Statutory authority.

The act of July 8, 1937 (50 Stat. 536; 25 U.S.C. 463a-463c) authorizes the Secretary of the Interior to exchange any unreserved nonmineral public lands in Arizona for any State owned lands within the area added by the act to the Papago Indian Reservation.

§ 149.20 Applicable regulations.

The State of Arizona will comply with the provisions of Part 270 of this chapter, insofar as they apply to State indemnity selections, or with the provisions of Part 147 of this chapter, except that (a) all transactions will be made on an equal acreage basis and (b) the State will not be required to pay any fees or commissions.

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NAVAJO INDIAN RESERVATION, UTAH § 149.21 Statutory authority.

The act of March 1, 1933 (47 Stat. 1418; 43 U.S.C. 190a), authorizes the Secretary of the Interior to exchange any surveyed, unreserved, nonmineral public lands in the State of Utah for any State school sections within the area added to the Navajo Indian Reservation by the act.

§ 149.22 Applicable regulations.

The State of Utah will comply with the provisions of Part 270 of this chapter, insofar as they apply to State indemnity selections, except that (a) the offered and selected lands must be of approximately equal value in addition to being of equal acreage and (b) the State will not be required to pay any fees or commissions.

(a) Section 2 of the act of August 13, 1949 (63 Stat. 605; 25 U.S.C. 622), authorizes the Secretary of the Interior to exchange for any lands or interests therein, including improvements and water rights, situated within the area described in section I of the notice dated March 25, 1950 (15 F.R. 1852), any lands or interests therein, including improvements and water rights, situated within the boundaries of the area described in said section I, or within the public domain area described in section II of said notice, or within any public domain in New Mexico.

(b) Section 10(a) of Public Law 87231, act of September 14, 1961 (75 Stat. 500; 25 U.S.C. 624), provides that the Secretary of the Interior may acquire, within the Pueblo land consolidation areas, any lands or interests therein, including improvements and water rights, and in exchange therefor, may convey not to exceed an equal value of unappropriated public lands within the State of New Mexico, or, with the consent of the Pueblo authorities, any Pueblo tribal lands or interest therein, including improvements and water rights.

(1) The Pueblo land consolidation areas include any lands, acquisition of which would tend to consolidate Pueblo tribal lands held by a Pueblo at the time of such acquisition.

[Circ. 2083, 27 F.R. 6715, July 14, 1962]

§ 149.24 Criteria for approval of exchanges.

Subject to compliance with the regulations in this part, proposed exchanges will be approved if :

(a) The selected lands or interests do not exceed the value of the offered lands or interests.

(a) The selected lands or interests are approximately equal in value to the offered lands or interests.

(b) The selected lands or interests are suitable for disposal through exchange and are not needed for any other program or disposal.

(c) The offered lands or interests are needed for the use of the Indians.

(d) The tribal authorities of the Pueblo or Navajo Tribe involved give their consent to the exchange. [Circ. 2036, 25 F.R. 649, Jan. 26, 1960, as amended, Circ. 2083, 27 F.R. 6716, July 14, 1962]

Action by manager; formal application, evidence and report required. 150.16 Completion of exchange record. 150.17 Lands conveyed to be part of monument.

EXCHANGES TO ELIMINATE PRIVATE HOLDINGS WITHIN CHACO CANYON NATIONAL MONUMENT, NEW MEXICO

150.18 Statutory authority.

150.19

150.20

150.21 150.22

150.23

Character of lands subject to exchange.

Who may exchange lands.

Application and statements required. Joint field investigation and reports to be made.

Action by Bureau of Land Management; evidence required. 150.24 Deed to United States and abstract of title.

150.25 Opportunity afforded to cure defects in record.

150.26 Lands conveyed to be part of Chaco Canyon National Monument. 150.27 Driving stock across the monument. 150.28 Reservations and rights for scientific research within monument.

AUTHORITY: §§ 150.1 to 150.28 issued under R. S. 2478; 43 U. S. C. 1201.

SOURCE: §§ 150.1 to 150.28 appear at 19 F. R. 8942, Dec. 23, 1954.

CROSS REFERENCES: For exchanges by States, under Taylor Grazing Act, see Part 147 of this chapter. For exchanges for migratory bird or other wildlife refuges, see Part 151 of this chapter. For exchanges for recreational purposes, see Part 254 of this chapter. For exchanges for the benefit of particular States, see Part 152 of this chapter. For exchanges for the consolidation or extension of Indian reservations or Indian holdings, see Part 149 of this chapter. For exchanges for the consolidation or extension of national forests, see Part 148 of this chapter. For exchanges of privately owned lands, under Taylor Grazing Act, see Part 146 of this chapter. For land classifications, see Part 296 of this chapter. For national parks

The act of February 28, 1923 (42 Stat. 1324; 16 U.S.C. 164, 165) empowers the Secretary of the Interior to obtain for the United States the complete title to any or all lands held in private ownership within the boundaries of the Glacier National Park, by accepting from the owners of such lands complete relinquishment thereof and granting and patenting in exchange therefor an equal value of public land in the State of Montana. § 150.2 Application,

deed, abstract, statement, and fees required.1 Applications for an exchange under the act of February 28, 1923, must be filed in the land office having jurisdiction over the land selected, the application describing the land to be conveyed as well as the land selected, according to Government subdivisions. Nothing less than a legal subdivision may be surrendered or selected. The selected land must be entirely within the State of Montana. Selections must be made by the owner of the land relinquished or in his name by a duly authorized agent or attorney in fact, and when made by an agent or attorney in fact proof of authority must be furnished. The application must be accompanied by the necessary relinquishment, abstract of title, statements, and fees, as set forth in Part 148 of this chapter.

§ 150.3 Action on application; field examination and report.

The authorized officer, if necessary, will have a field examination and report made of both the selected and the base lands to determine whether or not their value is equal within the meaning of the act of February 28, 1923, with reference to their character as mineral, prairie,

1 18 U. S. C. 1001 makes it a crime for any person knowingly and willfully to make to any department or agency of the United States any false, fictitious or fraudulent statements or representations as to any matter within its jurisdiction.

grazing, agricultural, timber, desert land or otherwise, as the case may be, and as to springs or water holes thereon, if any. Should the report of the authorized officer show curable defects, the Bureau of Land Management will give the applicant an opportunity to amend his application, if possible, so as to cure the defects. § 150.4

Publication and posting.

If the report is favorable and the selection appears regular and in conformity with the law and regulations, the authorized officer will notify the applicant and require him, within 30 days from receipt of notice, to begin publication of notice of his application in accordance with Part 148, and in due time to submit proof thereof.

Protests will be disposed of as provided under Part 148.

§ 150.6 Approval of application; relinquishment and abstract.

(a) If the authorized officer decides that the application should be allowed, the applicant will be required to have his relinquishment recorded in the manner prescribed by the laws of the State of Montana and to have the abstract of title extended down to and including the date the deed of relinquishment or conveyance was recorded.

(b) If the authorized officer be of the opinion that further evidence as to value and character of land involved is necessary, he may institute such inquiry as he may deem advisable.

(c) The authorized officer, in the exercise of his discretion, may withhold his approval from any application made under the provisions of the act of February 28, 1923, subject to the right of appeal pursuant to Appeals and Contests (Part 221 of this chapter), although the applicant may have complied with the rules and regulations applicable thereto. EXCHANGES OF PRIVATELY OWNED PROPERTY WITHIN THE GLACIER NATIONAL PARK, MONTANA

property, real or personal, within the authorized boundaries of the Glacier National Park, as then or thereafter established, and in exchange therefor, to convey to the grantors of such property, or to their nominees, any Federally owned lands, interests in lands, buildings, or other property, real or personal, within the boundaries of the Glacier National Park, located in the State of Montana, and administered by the National Park Service, which the Secretary determines are of approximately equal value to the property being acquired. In order to facilitate the making of such exchanges, the Secretary is authorized to enter into agreements for the reservation in conveyances to the United States or for the grant in conveyances from the United States, of such estates for years, life estates, or other interests, as may be consistent with the purposes of the act, but all such limitations must be considered in determining the equality of the interests to be exchanged.

Sections 150.6a to 150.6m, inclusive, do not apply to exchanges which involve no interest in real property. § 150.6b

Informal application.

All preliminary negotiations relating to an exchange under the above act are to be conducted with the National Park Service. Any owner of property within the boundaries of the Glacier National Park who desires to take advantage of the privileges conferred by said act, must file with the Director, National Park Service, an informal application describing the privately owned property, which is offered to the United States and the property which is selected in exchange therefor. If the Director, National Park Service is of the opinion that the value of the property offered is equal to or more than the value of the selected property, and that the exchange should be consummated, he will so advise the applicant by letter, stating, among other things, his determination as to values, and will instruct the applicant to file in the proper land office, the letter, together with a formal application to exchange. § 150.6c Formal application.

(a) The formal application, which must be filed in duplicate, should contain the full name and post office address of the applicant, a description of the property offered to the Government and the property selected in exchange therefor;