through the exercise of the license or sublicense, the extent of the production under the license or sublicense, and other related subjects.

(4) A licensee or sublicensee manufacturing a patented article pursuant to a license or sublicense shall give notice to the public that the article is patented by affixing thereon the word "patent", together with the number of the patent, or when, from the character of the article, this cannot be done, by fixing to it, or to the package in which it is enclosed, a label containing such notice.

(c) Licenses and sublicenses relating to Class C patents and patent rights shall be granted upon such terms and conditions as may be prescribed pursuant to sections 3 and 5 of the act of April 5, 1944, and any amendments thereof. [29 F.R. 260, Jan. 10, 1964, as amended at 31 FR. 10796, Aug. 13, 1966]

§ 6.56 Issuance of licenses.

(a) Any person desiring a license relating to an invention upon which the Secretary of the Interior holds a patent or patent rights may file with the Solicitor of the Department of the Interior an application for a license, stating:

(1) The name, address, and citizenship of the applicant;

(2) The nature of his business; (3) The patent or invention upon which he desires a license;

(4) The purpose for which he desires a license;

(5) His experience in the field of the desired license;

(6) Any patents, licenses, or other patent rights which he may have in the field of the desired license; and

(7) The benefits, if any, which the applicant expects the public to derive from his proposed use of the invention.

(b) It shall be the duty of the Solicitor, after consultation with the bureau most directly interested in the patent or invention involved in an application for a license, and with the Evaluation Committee if royalties are to be charged, to determine whether the license shall De granted. If he determines that a license is to be granted, he shall execute, on behalf of the Secretary, an appropriate license.

§ 6.57 Evaluation Committee.

At the request of the Solicitor, an Evaluation Committee will be appointed

The regulations in this part are based on (a) section 161 of the Revised Statutes (5 U.S.C. 22) which authorizes the Secretary of the Interior to prescribe regulations not inconsistent with law for the government of his Department and the conduct of its officers and employees; and (b) section 452 of the Revised Statutes (43 U.S.C. 11) which prohibits employees of the Bureau of Land Management from directly or indirectly purchasing or becoming interested in the purchase of any of the public land, and which provides that any person who violates the section shall forthwith be removed from his office.

§ 7.2 Definitions.

(a) The term "employee" as used in this part includes any person employed by the Department of the Interior, or any of its bureaus or offices however designated.

(b) The term "interest" means any direct or indirect ownership in whole or in part of the lands or resources in question, or any participation in the earnings therefrom, or the right to occupy or use the property or to take any benefits therefrom based upon a lease or rental agreement, or upon any formal or informal contract with a person who has such an interest. It includes membership in a firm, or ownership of stock or other securities in a corporation which has such an interest: Provided, That

stock or securities traded on the open market may be purchased by an employee if the acquisition thereof will not tend to interfere with the proper and impartial performance of the duties of the employee or bring discredit upon the Department.

(c) The prohibition in § 7.3 includes but is not limited to the buying, selling, or locating of any warrant, scrip, lieu land selection, soldier's additional right, or any other right or claim under which an interest in the public lands may be asserted. The prohibition also extends to any interest in land, water right, or livestock, which in any manner is connected with or involves the use of the grazing resources or facilities of the lands or resources administered by the Bureau of Land Management.

§ 7.3 Prohibition.

(a) An employee and the spouse of an employee, except as provided in §§ 7.4 to 7.6, are prohibited from:

(1) Voluntarily acquiring an interest in the lands or resources administered by the Bureau of Land Management;

(2) Retaining an interest in the lands or resources administered by the Bureau of Land Management acquired voluntarily or by any other method, before or during employment by the Department of the Interior.

(b) Section 4 of the Act of May 16, 1910, as amended (30 U.S.C. 6), provides that neither the Director nor any member of the Bureau of Mines shall have any personal or private interest in any mine or the products of any mine under investigation.

(c) Section 1 of the Act of March 3, 1879 (43 U.S.C. 31), provides that the Director and members of the Geological Survey shall have no personal or private interests in the lands or mineral wealth of the region under survey. § 7.4 Exceptions..

(a) Acquisition. (1) An employee or the spouse of an employee, including an employee or the spouse of an employee of the Bureau of Land Management, stationed in Alaska, may purchase or lease one tract of land, not exceeding five acres, for residence or recreation purposes in the State of Alaska pursuant to the Act of June 1, 1938, as amended (43 U.S.C. 682a-682d).

(2) An employee or the spouse of an employee stationed in Alaska (other than an employee or the spouse of an employee of the Bureau of Land Management), shall not by reason of being an employee or the spouse of an employee be precluded from acquiring an interest in lands or resources in Alaska administered by the Bureau of Land Management, except a mineral lease or mining claim.

(3) A temporary, WAE (when actually employed), or WOC (without compensation) employee or the spouse of such an employee employed in the Department for a period of one year or less (other than an employee or the spouse of an employee of the Bureau of Land Management), shall not by reason of such employment be precluded from acquiring an interest in lands or resources administered by the Bureau of Land Management.

(b) Retention. (1) An interest in lands or resources administered by the Bureau of Land Management permitted to be acquired under paragraph (a) of this section may be retained.

(2) An intermittent or seasonal employee of the Bureau of Land Management engaged in field work relating to land, range, forest, and mineral conservation and management activities, if such employment does not exceed 180 working days in each calendar year, and the spouse of such an employee, shall not by reason of such employment be precluded from retaining any interest, including renewal or continuation of existing rights, in lands or resources administered by the Bureau of Land Management: Provided, That such an employee or spouse of the employee shall not acquire any additional interest in such lands or resources during employment.

(3) (1) Upon written request of an employee, the Secretary in his discretion, may approve the retention of an interest in lands or resources administered by the Bureau of Land Management, subject to such conditions as the Secretary may impose, where:

(a) The employee or the spouse of the employee acquired such an interest by gift, devise, bequest, or by operation of law; or

(b) The employee or the spouse of the employee acquired such an interest prior

to the time the employee entered on duty in the Department of the Interior.

(ii) The written request must be submitted to the Secretary through the head of the employing bureau or office, within 90 days from (a) the effective date of these amended regulations, (b) the date of the acquisition of the interest, or (c) the date of employment in the Department of the Interior, whichever is later. The request shall contain a full and complete disclosure of the interest in the lands or resources, the date and manner of acquisition, a showing that denial of the right to retain such interest will work a hardship upon the employee or the spouse of the employee, as the case may be, and that continued retention of such interest will not be contrary to the interest of the Department.

(iii) The provisions of this paragraph shall not be applicable to cases where the interest has been acquired in violation of a statutory prohibition. § 7.5

Advisory boards for grazing districts.

Nothing contained in this part shall disqualify local stockmen appointed pursuant to section 18 of the Taylor Grazing Act of June 18, 1934 (48 Stat. 1269, 43 US.C. 3150-1), as amended, as members of advisory boards for grazing districts, from acquiring or retaining grazing licenses or permits issued pursuant to section 3 of the Taylor Grazing Act (43 US.C. 315b), or any other interest in land or resources administered by the Bureau of Land Management: Provided, That in no case shall the member of any such board participate in any advice or recommendation concerning such a license or permit, or an application therefor, in which such member is directly or indirectly interested.

§ 7.6 Applications for a farm unit.

Nothing contained in this part shall disqualify an employee or the spouse of an employee from filing an application for a certificate of qualification for a farm unit in a Federal reclamation project when such farm units are awarded on the basis of a public drawing of the name of the applicants as provided in Part 401 of this title. However, an employee must terminate employment with the Department before the employee or

the spouse of the employee selects a farm unit.

§ 7.7 Requests for advice.

When an employee is in doubt as to whether the acquisition or retention of any interest in lands or resources administered by the Bureau of Land Management would violate the provisions of the regulations in this part, a statement of the facts should be submitted promptly by the individual involved to the head of the employing bureau or office for transmittal through proper channels to the Secretary of the Interior for a decision. § 7.8 Penalty.

The violation of any provision of the regulations in this part shall be punishable pursuant to disciplinary policies of the Department and may be deemed sufficient cause for cancellation of the interest and removal from office.

AUTHORITY: The provisions of this Part 8 issued under sec. 7, 32 Stat. 389, sec. 14, 53 Stat. 1197; 43 U.S.C. 421, 389.

SOURCE: The provisions of this Part 8 appear at 31 F.R. 9108, July 2, 1966, unless otherwise noted.

§ 8.0 Acquisition of lands for reservoir projects.

In so far as permitted by law, it is the policy of the Departments of the Interior and of the Army to acquire, as a part of reservoir project construction, adequate interest in lands necessary for the realization of optimum values for all purposes including additional land areas to assure full realization of optimum present and future outdoor recreational and fish and wildlife potentials of each reservoir.

§ 8.1 Lands for reservoir construction and operation.

The fee title will be acquired to the following:

(a) Lands necessary for permanent structures.

(b) Lands below the maximum flowage line of the reservoir including lands below a selected freeboard where necessary to safeguard against the effects of saturation, wave action, and bank erosion and to permit induced surcharge operation.

(c) Lands needed to provide for public access to the maximum flowage line as described in paragraph (b) of this section, or for operation and maintenance of the project.

§ 8.2 Additional lands for correlative purposes.

The fee title will be acquired for the following:

(a) Such lands as are needed to meet present and future requirements for fish and wildlife as determined pursuant to the Fish and Wildlife Coordination Act.

(b) Such lands as are needed to meet present and future public requirements for outdoor recreation, as may be authorized by Congress.

§ 8.3 Easements.

9.6

Terms and conditions of easements. Terms and conditions of leases and permits.

9.7 Appeals.

AUTHORITY: The provisions of this Part 9 issued under R.S. 2478, secs. 1, 2, 68 Stat. 1146; 43 U.S.C. 1201, 931c, 931d.

SOURCE: The provisions of this Part 9 contained in Circular 1985, 22 F.R. 8421, Oct. 25, 1957; 22 F.R. 8956, Nov. 7, 1957, unless otherwise noted.

§ 9.1 Statutory authority.

The act of September 3, 1954 (68 Stat. 1146; 43 U.S.C. 931c, 931d), authorizes the head of any Federal department or agency having jurisdiction over public lands and national forests of the United States, to grant permits, leases, or easements, under certain conditions, to States, counties, cities, towns, townships, municipal corporations, or other public agencies for the purpose of constructing and maintaining public buildings and other public works on such lands. National parks and monuments are not subject to the provisions of the act. The authority granted by the act is in addition to and not in derogation of any authority conferred upon the Secretary of the Interior to grant permits, leases, easements, or rights-of-way.

§ 9.2 Applicability of regulations; where to apply.

(a) The regulations of this part apply only to public lands under the administration of the Department of the Interior. For regulations applicable to other Federal public lands, the appro

priate 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 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 filed 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 filed 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 ade