Page images
PDF
EPUB

other Federal public lands, the appropriate titles of this code should be consulted.

(b) For public lands under the administration of the Bureau of Land Management, applications shall be filled in the proper land office in the State or for lands in a State in which there is no land office, shall be filed with the Bureau of Land Management, Washington 25, D. C., except that applications for lands in North Dakota or South Dakota shall be filed in the land office at Billings, Montana, applications for lands in Kansas or Nebraska shall be filed in the land office at Cheyenne, Wyoming, and for lands in Oklahoma in the land office at Sante Fe, New Mexico.

(c) For public lands under the administration of the United States Fish and Wildlife Service, applications shall be filled in the local office of the hatchery, refuge, or other station which has jurisdiction over the lands.

(d) For public lands under the administration of the Bureau of Reclamation, applications shall be filled in the office of the Regional Director who has jurisdiction over the lands.

(e) For public lands under the administration of the Bureau of Indian Affairs, applications shall be filled in the office of the superintendent of the agency which has jurisdiction over the lands, or for lands for which there is no agency, in the office of the Area Director who has jurisdiction over the lands.

(f) For public lands under the administration of other Bureaus of the Department of the Interior, applications shall be filed in the appropriate local office of such Bureau.

§ 9.3 General provisions.

The following terms and conditions apply to all leases, permits, and easements granted under the regulations of this part.

(a) All minerals, together with the right to mine and remove the same under applicable laws and regulations, will be reserved to the United States.

(b) The term of all leases, permits, and easements will be fixed by the authorized officer but may not exceed 30 years. Such instruments will be renewable at the discretion of such officer who at the request of the grantee, may also authorize modification of the permitted use of the lands and the transfer of the instrument to another qualified public agency.

(c) Applicants will be required to pay the fair market value of the permit, lease, or easement, as determined by appraisal by the authorized officer. Periodic payments or a lump-sum payment, both payable in advance, will be required at the discretion of such officer: (1) When periodic payments are required, the applicant will be required to make the first payment before the lease, permit, or easement will be issued; (2) upon the voluntary relinquishment of such an instrument before the expiration of its term, any payment made for any unexpired portion of the term will be returned to the payer upon a proper application for repayment to the extent that the amount paid covers a full permit, lease, or easement year or years after the formal relinquishment. The amount to be so returned will be the difference between the total payments made and the value of the expired portion of the term calculated on the same basis as the original payments.

(d) Leases, permits, and easements will be terminable by the authorized officer upon a finding (1) of failure by the holder to comply with their terms, (2) that all or part of the land is being devoted to uses other than the use specified in the lease, permit, or easement, (3) that the lands are not being used for the purpose so specified, or (4) that the lease, permit, or easement has been transferred to another without the consent of the authorized officer.

(e) No permit, lease, or easement for erection and maintenance of advertising displays on public lands adjacent to the National System of Interstate and Defense Highways (23 U.S.C.) will be issued under the regulations of this part, except in conformity with, and subject to, the national standards prepared and promulgated by the Secretary of Commerce. No permit, lease, or easement for erection and maintenance of advertising displays on public lands adjacent to any other highway will be issued under the regulations of this part if the proposed display would not conform with the standards or policies established by the appropriate State or local governmental entities which have authority to establish such standards or policies. Where the authorized officer finds that established standards or policies are insufficient in connection with any application under the regulations of this part adequately to promote the safety, convenience, and enjoyment of public travel, to

other Federal public lands, the appropriate titles of this code should be consulted.

(b) For public lands under the administration of the Bureau of Land Management, applications shall be filed in the proper land office in the State or for lands in a State in which there is no land office, shall be filled with the Bureau of Land Management, Washington 25, D. C., except that applications for lands in North Dakota or South Dakota shall be filed in the land office at Billings, Montana, applications for lands in Kansas or Nebraska shall be filed ir the land office at Cheyenne, Wyoming, and for lands in Oklahoma in the land office at Sante Fe, New Mexico.

(c) For public lands under the administration of the United States Fish and Wildlife Service, applications shall be filled in the local office of the hatchery, refuge, or other station which has jurisdiction over the lands.

(d) For public lands under the administration of the Bureau of Reclamation, applications shall be filled in the office of the Regional Director who has jurisdiction over the lands.

(e) For public lands under the administration of the Bureau of Indian Affairs, applications shall be filed in the office of the superintendent of the agency which has jurisdiction over the lands, or for lands for which there is no agency, in the office of the Area Director who has jurisdiction over the lands.

(f) For public lands under the administration of other Bureaus of the Department of the Interior, applications shall be filed in the appropriate local office of such Bureau.

§ 9.3 General provisions.

The following terms and conditions apply to all leases, permits, and easements granted under the regulations of this part,

(a) All minerals, together with the right to mine and remove the same under applicable laws and regulations, will be reserved to the United States.

(b) The term of all leases, permits, and easements will be fixed by the authorized officer but may not exceed 30 years. Such instruments will be renewable at the discretion of such officer who at the request of the grantee, may also authorize modification of the permitted use of the lands and the transfer of the instrument to another qualified public agency.

(c) Applicants will be required to pay the fair market value of the permit, lease, or easement, as determined by appraisal by the authorized officer. Periodic payments or a lump-sum payment, both payable in advance, will be required at the discretion of such officer: (1) When periodic payments are required, the applicant will be required to make the first payment before the lease, permit, or easement will be issued; (2) upon the voluntary relinquishment of such an instrument before the expiration of its term, any payment made for any unexpired portion of the term will be returned to the payer upon a proper application for repayment to the extent that the amount paid covers a full permit, lease, or easement year or years after the formal relinquishment. The amount to be so returned will be the difference between the total payments made and the value of the expired portion of the term calculated on the same basis as the original payments.

(d) Leases, permits, and easements will be terminable by the authorized officer upon a finding (1) of failure by the holder to comply with their terms, (2) that all or part of the land is being devoted to uses other than the use specified in the lease, permit, or easement, (3) that the lands are not being used for the purpose so specified, or (4) that the lease, permit, or easement has been transferred to another without the consent of the authorized officer.

(e) No permit, lease, or easement for erection and maintenance of advertising displays on public lands adjacent to the National System of Interstate and Defense Highways (23 U.S.C.) will be issued under the regulations of this part, except in conformity with, and subject to, the national standards prepared and promulgated by the Secretary of Commerce. No permit, lease, or easement for erection and maintenance of advertising displays on public lands adjacent to any other highway will be issued under the regulations of this part if the proposed display would not conform with the standards or policies established by the appropriate State or local governmental entities which have authority to establish such standards or policies. Where the authorized officer finds that established standards or policies are insufficient in connection with any application under the regulations of this part adequately to promote the safety, convenience, and enjoyment of public travel, to

[merged small][merged small][ocr errors]

ments.

The terms and conditions of easements issued under the regulations of this part will be governed by the regulations of Subpart 2234 of this title, including § 2234.1-5(b) of this title, insofar as they are applicable and insofar as they do not conflict with regulations in this part.

protect the public investment in the § 9.5 Terms and conditions of easehighway or in the adjacent public lands, to preserve for the public significant scenic or other recreational values in the public lands, or otherwise to protect the public interest, he shall establish such additional standards as he may deem appropriate in the circumstances, giving due consideration to the need for directional and other official signs; the desirability of permitting, where alternative sites are not readily available, signs advertising legitimate activities being conducted at a location within a reasonable distance thereof, and the interest of the traveling public in, and its need for, specific types of information.

[Cir. 1985, 22 FR. 8421, Oct. 25, 1957, as amended, Cir. 2028, 24 F.R. 8649, Oct. 24, 1959]

§ 9.4 Applications; modifications; transfers; renewals.

(a) Applicants for a permit, lease, or easement must file an application, in triplicate (quadruplicate if the lands are administered by the United States Fish and Wildlife Service) and in typewritten form. No particular form is prescribed, but the application must include (1) the name and post office address of the applicant, (2) the legal description of the lands desired or, if not surveyed according to the rectangular system of surveys, the description of the lands in sufficient detail to permit their accurate identification on the ground, and if an easement for a right-of-way is involved, the maps specified in § 2234.1-2(d) of this title, (3) a statement showing the purposes for which the lands would be used, and (4) the name and title of the person making application, together with a statement showing his authority to make application on behalf of the applicant.

(b) Holders of leases, permits, or easements may make application (1) to add to or change the use of the lands, (2) to transfer the instrument to another public agency qualified under the act and complying with these regulations, or (3) to renew the instrument at the end of its term. No form is specified but the matter should be fully explained by the applicant. Each such application must be in triplicate (quadruplicate if the lands are administered by the United States Fish and Wildlife Service).

33-62465 -3

§ 9.6 Terms and conditions of leases and permits.

(a) Leases and permits issued under the regulations of this part will contain (1) the usual terms and conditions required by law, public policy, and insofar as possible, by Department of the Interior procedures and (2) such others terms and conditions which the authorized officer considers necessary for the proper development of the land, for the protection of public property, and for the protection of the public interest.

(b) Any minerals subject to the leasing laws in the lands under lease or permit under the regulations may be disposed of to any qualified person under applicable laws and regulations. Until other rules and regulations are issued, other minerals are not subject to disposition or, except by an authorized Federal agency, to prospecting.

(c) A lessee or permittee will not be permitted to cut timber from the land without prior permission from the authorized officer.

[blocks in formation]

incurred by them as a direct result of moving from lands acquired by the Secretary of the Interior for the construction, operation or maintenance of developments under his jurisdiction. Claims may be filed in connection with any such lands acquired since July 14, 1952, and for future acquisitions all subJect to the terms and limitations of the act of May 29, 1958 (72 Stat. 152), and the provisions of this part.

§ 10.2 Who may file.

Any landowner whose land has been acquired for a purpose determined by the Secretary to be for the construction, operation, or maintenance of a development under his jurisdiction, and which acquisition has been consummated since July 14, 1952, and because of such acquisition moved himself, his family or his possessions, may file a claim at one of the offices included in § 10.3. Also, a tenant of any such landowner, who, under proper authority, used or occupied such lands, and because of such acquisition since July 14, 1952, moved himself, his family or his possessions, may file his claim in any of the offices in § 10.3.

§ 10.3 Place for filing.

Claims for reimbursement may be filed at any office of the bureau responsible for the acquisition of lands, including claims after July 14, 1952, or such claims may be filed at the Department of the Interior, Washington 25, D.C.

§ 10.4 Form of application for claim. A prescribed form of application for claim currently is being prepared and will be issued by the Department of the Interior. For the purposes of meeting the time limitation imposed by the Act, the landowner or tenant need only file in writing a statement at the places mentioned in § 10.3 giving his name and address, the approximate location of the land acquired, the time of acquisition, and the name of the Interior bureau which acquired the land. Thereafter, the prescribed form will be furnished the applicant together with a detailed statement as to what expenses and damages may be included in his claim.

[blocks in formation]
[blocks in formation]

§ 13.1

Authority and purpose.
Randolph-Sheppard

The Vending Stand Act of June 20, 1936, as amended by section 4 of the act of August 3, 1954 (68 Stat. 663; 20 U.S.C. 107), directs that, insofar as practicable, preference shall be given to blind persons in the operation of vending stands and machines on any Federal property. The regulations in this part prescribe the policies and procedures to achieve and protect that preference on property, including land, owned or leased by the United States and controlled by the Department of the Interior.

§ 13.2 Application for permit.

(a) State licensing agencies designated by the Department of Health, Education, and Welfare under the Randolph-Sheppard Vending Stand Act may apply for permits to establish and maintain vending facilities, including both vending stands and machines, to be operated by blind persons licensed by the State agencies. Application for a permit shall be made, in writing, by the State licensing agency to the head of the Interior bureau or office having control of the property in question. In the regulations in this part the term "head of the Interior bureau or office" includes the authorized representatives of that bureau or office.

(b) The head of the Interior bureau or office may deny an application if he determines that the issuance of a permit would unduly inconvenience the bureau or office or adversely affect the interests of the United States. Such determination shall be in writing and shall state the reasons on which it is based. The

fact that a permit will be without charge for rent shall not constitute a basis for denying an application.

(c) In considering applications for permits, due regard shall be given to the terms of any existing contractual arrangements.

§ 13.3 Cooperation in selection of facilities.

Upon request from a State licensing agency, the Interior bureau or office shall cooperate in selecting locations and arranging accommodations for vending facilities to be operated by blind persons. In making such selection, due consideration shall be given to the requirements of occupant agencies, availability of suitable space, and requirements for preparation and maintenance of the space.

§ 13.4 Terms of permit.

Every permit shall describe the locaition of the vending facilities and shall be subject to the following provisions:

(a) The permit shall be issued in the name of the applicant State licensing agency.

(b) The permit shall be for a definite term, not to exceed five years, and shall be without charge for rent.

(c) The permit may be revoked at any time upon not less than 30 days written notice to the permittee from the head of the Interior bureau or office having control of the property where the vending facilities are located. Such notice shall state the reasons on which it is based.

(d) Items sold at the vending facilities shall be limited to newspapers, periodicals, pre-packaged confections, tobacco products, articles dispensed automatically or in containers or wrappings in which they are placed before receipt by the vendor, and such other articles as may be approved by the head of the Interior bureau or office for each location. The head of the Interior bureau or office may require discontinuance of sale of any type of article, upon not less than 15 days' notice in writing.

(e) Vending facilities shall be operated in compliance with such standards of appearance, safety, health, sanitation, and efficiency as may be prescribed by the head of the Interior bureau or office. Such standards shall conform, so far as practicable with the provisions of State laws and regulations, whether or not the property is under the exclusive jurisdiction of the United States.

(f) The permittee shall arrange for the modification or relocation of the vending facilities when in the opinion of the head of the Interior bureau or office such action is essential to the satisfactory maintenance, operation, or use of the property concerned and shall not modify or relocate such facilities without such approval. Installation, modification, relocation, or removal of vending facilities shall be made only under the supervision of the head of the Interior bureau or office and without cost to the Department of the Interior. The permittee may be required to remove any vending device deemed undesirable by the head of the Interior bureau or office. Ownership of vending devices installed by the permittee or operator shall remain vested with the installer. All extra identifiable costs incurred by the Department of the Interior in restoring to its original condition any space vacated by removal or relocation of vending facilities shall be reimbursed by the permittee or the operator.

(g) In the event a vending facility is being operated in a manner unsatisfactory to the Interior bureau or office, the permittee will be notified in writing and required to take appropriate action to rectify the situation.

(h) The operator of the vending facility shall carry such insurance against losses by fire, public liability, employer's liability, or other hazards as is customary among prudent operators of similar businesses under comparable circumstances.

§ 13.5 Protection from competition.

(a) The head of the Interior bureau or office shall protect the blind operator of the vending facility against direct competition from other vendors or vending machines on property which the head of the Interior bureau or office controls. Other vendors or vending machines shall be considered in direct competition with vending facilities permitted under the regulations in this part if they sell or dispense articles which are similar or identical to those on sale at the vending facilities in such proximity to the vending facility as to attract customers who might otherwise patronize the vending facilities.

(b) After a permit has been issued under the regulations in this part to a State licensing agency for operation of

« PreviousContinue »