[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR254.16]

[Page 362]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 254_LANDOWNERSHIP ADJUSTMENTS--Table of Contents
 
                        Subpart A_Land Exchanges
 
Sec. 254.16  Case closing.

    (a) Title transfers. Unless otherwise agreed, and notwithstanding 
the decision in United States v. Schurz, 102 U.S. 378 (1880), or any 
other law or ruling to the contrary, title to both the non-Federal and 
Federal lands pass simultaneously and are deemed accepted by the United 
States and the non-Federal landowner, respectively, when the documents 
of conveyance are recorded in the county clerk's or other local 
recorder's office. Before recordation, all instructions, requirements, 
and conditions set forth by the United States and the non-Federal 
landowner must be met. The minimum requirements and conditions necessary 
for recordation include the following, as appropriate:
    (1) The determination by the authorized officer that the United 
States will receive possession, acceptable to it, of such lands;
    (2) The issuance of title evidence as of the date of recordation 
which conforms to the instructions and requirements of the USDA Office 
of the General Counsel's preliminary title opinion; and
    (3) Continuation searches disclosing no matters of record that would 
require any change in the aforementioned title evidence as issued.
    (b) Automatic segregation of lands. Subject to valid existing 
rights, non-Federal lands acquired through exchange by the United States 
automatically are segregated from appropriation under the public land 
laws and mineral laws until midnight of the 90th day after acceptance of 
title by the United States, and the public land records must be noted 
accordingly. Thereafter, the lands will be open automatically to 
operation of the public land laws and mineral laws, except to the extent 
otherwise provided by law, unless action is taken pursuant to 43 CFR 
part 2300 to initiate a withdrawal within the 90-day period.