(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 be granted. If he determines that a license is to be granted, he shall execute on behalf of the Secretary, an appropriate license.

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.

(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 ac

quisition 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, script, 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.

(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. 682a682d).

(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.

(4) An employee of the Department of the Interior or any member of an employee's family may acquire a wild free-roaming horse or burro for maintenance or adoption through a cooperative agreement as required in 43 CFR 4740.4-2 or 43 CFR 4750.2 and may gain title to the animal(s) under the provisions of 43 CFR 4740.5.

(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)(i) 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

or

(ii) The written request must be submitted to the Secretary through the head of the employing bureau 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.

[27 FR 3812, Apr. 20, 1962, as amended at 42 FR 35239, June 27, 1977; 45 FR 24471, Apr. 10, 1980]

$7.5 Multiple Use Advisory Boards.

Nothing contained in this part shall disqualify local stockmen appointed pursuant to the Federal Advisory Committee Act of 1970 (86 Stat. 770; 5 U.S.C. App. I) as members of advisory boards from acquiring or retaining grazing licenses or permits issued pursuant to Section 3 of the Taylor Grazing Act (43 U.S.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 license or permit in which such member is directly or indirectly interested.

[41 FR 20409, May 18, 1976]

§ 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.

§ 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 the 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 pur

poses.

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.

Easements in lieu of fee title may be taken only for lands that meet all of the following conditions:

(a) Lands lying above the storage pool.

(b) Lands in remote portions of the project area.

(c) Lands determined to be of no substantial value for protection or enhancement of fish and wildlife re

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 location 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.

or

(d) Items sold at the vending facilities shall be limited to newspapers, periodicals, pre-packaged confections, tobacco products, articles dispensed automatically or in containers 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