[Title 43 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2017 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 43
Public Lands: Interior
________________________
Part 1000 to End
Revised as of October 1, 2017
Containing a codification of documents of general
applicability and future effect
As of October 1, 2017
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT OFFICIAL EDITION NOTICE
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 43:
SUBTITLE B--Regulations Relating to Public Lands
(Continued)
Chapter II--Bureau of Land Management, Department of
the Interior 5
Chapter III--Utah Reclamation Mitigation and
Conservation Commission 1167
Finding Aids:
Index to Chapter II..................................... 1211
Table of CFR Titles and Chapters........................ 1231
Alphabetical List of Agencies Appearing in the CFR...... 1251
List of CFR Sections Affected........................... 1261
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 43 CFR 1601.0-1
refers to title 43, part
1600, section 0-1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
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Code users may find the text of provisions in effect on any given date
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``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
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INCORPORATION BY REFERENCE
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This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
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(c) The incorporating document is drafted and submitted for
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CFR INDEXES AND TABULAR GUIDES
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alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
An index to the text of ``Title 3--The President'' is carried within
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Oliver A. Potts,
Director,
Office of the Federal Register.
October 1, 2017.
[[Page ix]]
THIS TITLE
Title 43--Public Lands: Interior is composed of two volumes. Volume
one (parts 1-999) contains all current regulations issued under subtitle
A--Office of the Secretary of the Interior and chapter I--Bureau of
Reclamation, Department of the Interior. Volume two (part 1000 to end)
includes all regulations issued under chapter II--Bureau of Land
Management, Department of the Interior, and Chapter III--Utah
Reclamation Mitigation and Conservation Commission. The contents of
these volumes represent all current regulations codified under this
title of the CFR as of October 1, 2017.
In the second volume, containing chapter II--Bureau of Land
Management, Department of the Interior, the OMB control numbers appear
in a ``Note'' immediately below the ``Group'' headings throughout the
chapter, if applicable. An index to chapter II appears in the Finding
Aids section of the second volume.
For this volume, Michele Bugenhagen was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 43--PUBLIC LANDS: INTERIOR
(This book contains parts 1000 to end)
--------------------------------------------------------------------
SUBTITLE B--Regulations Relating to Public Lands (Continued)
Part
chapter ii--Bureau of Land Management, Department of the
Interior.................................................. 1600
chapter iii--Utah Reclamation Mitigation and Conservation
Commission................................................ 10000
[[Page 3]]
Subtitle B--Regulations Relating to Public Lands (Continued)
[[Page 5]]
CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
--------------------------------------------------------------------
SUBCHAPTER A--GENERAL MANAGEMENT (1000)
Part Page
1000-1599 [Reserved]
1600 Planning, programming, budgeting............ 11
GROUP 1700--PROGRAM MANAGEMENT
1780 Cooperative relations....................... 29
GROUP 1800--PUBLIC ADMINISTRATIVE PROCEDURES
1810 Introduction and general guidance........... 36
1820 Application procedures...................... 39
1840 Appeals procedures.......................... 43
1850 Hearings procedures......................... 43
1860 Conveyances, disclaimers and correction
documents............................... 43
1870 Adjudication principles and procedures...... 49
1880 Financial assistance, local governments..... 49
SUBCHAPTER B--LAND RESOURCE MANAGEMENT (2000)
GROUP 2000--LAND RESOURCE MANAGEMENT; GENERAL
2090 Special laws and rules...................... 53
GROUP 2100--ACQUISITIONS
GROUP 2200--EXCHANGES
2200 Exchanges: General procedures............... 61
GROUP 2300--WITHDRAWALS
2300 Land withdrawals............................ 77
2360 National Petroleum Reserve in Alaska........ 92
2370 Restorations and revocations................ 95
GROUP 2400--LAND CLASSIFICATION
2400 Land classification......................... 97
[[Page 6]]
2410 Criteria for all land classifications....... 100
2420 Multiple-use management classifications..... 101
2430 Disposal classifications.................... 102
2440 Segregation by classification............... 104
2450 Petition-application classification system.. 105
2460 Bureau initiated classification system...... 107
2470 Postclassification actions.................. 110
GROUP 2500--DISPOSITION; OCCUPANCY AND USE
2520 Desert-land entries......................... 110
2530 Indian allotments........................... 126
2540 Color-of-title and omitted lands............ 130
2560 Alaska occupancy and use.................... 141
GROUP 2600--DISPOSITION; GRANTS
2610 Carey Act grants............................ 164
2620 State grants................................ 169
2630 Railroad grants............................. 180
2640 FAA airport grants.......................... 182
2650 Alaska native selections.................... 184
GROUP 2700--DISPOSITION; SALES
2710 Sales: Federal Land Policy and Management
Act..................................... 213
2720 Conveyance of federally-owned mineral
interests............................... 220
2740 Recreation and Public Purposes Act.......... 224
GROUP 2800--USE; RIGHTS-OF-WAY
2800 Rights-of-way under the Federal Land Policy
and Management Act...................... 233
2810 Tramroads and logging roads................. 293
2880 Rights-of-way under the Mineral Leasing Act. 308
GROUP 2900--USE; LEASES AND PERMITS
2910 Leases...................................... 333
2920 Leases, permits and easements............... 339
2930 Permits for recreation on public lands...... 350
SUBCHAPTER C--MINERALS MANAGEMENT (3000)
3000 Minerals management: General................ 360
3100 Oil and gas leasing......................... 364
3110 Noncompetitive leases....................... 400
3120 Competitive leases.......................... 405
3130 Oil and gas leasing: National Petroleum
Reserve, Alaska......................... 409
3140 Leasing in special tar sand areas........... 435
3150 Onshore oil and gas geophysical exploration. 448
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3160 Onshore oil and gas operations.............. 452
3170 Onshore oil and gas production.............. 485
3180 Onshore oil and gas unit agreements:
Unproven areas.......................... 611
3190 Delegation of authority, cooperative
agreements and contracts for oil and gas
inspection.............................. 631
3195 Helium contracts............................ 639
GROUP 3200--GEOTHERMAL RESOURCES LEASING
3200 Geothermal resource leasing................. 643
3280 Geothermal resources unit agreements........ 701
GROUP 3400--COAL MANAGEMENT
3400 Coal management: General.................... 725
3410 Exploration licenses........................ 731
3420 Competitive leasing......................... 735
3430 Noncompetitive leases....................... 753
3440 Licenses to mine............................ 769
3450 Management of existing leases............... 770
3460 Environment................................. 775
3470 Coal management provisions and limitations.. 784
3480 Coal exploration and mining operations rules 796
3500 Leasing of solid minerals other than coal
and oil shale........................... 823
3580 Special leasing areas....................... 861
3590 Solid minerals (other than coal) exploration
and mining operations................... 869
GROUP 3600--MINERAL MATERIALS DISPOSAL
3600 Mineral materials disposal.................. 878
3620 Free use of petrified wood.................. 894
GROUP 3700--MULTIPLE USE; MINING
3710 Public Law 167; Act of July 23, 1955........ 895
3720 [Reserved]
3730 Public Law 359; mining in powersite
withdrawals: General.................... 910
3740 Public Law 585; multiple mineral development 914
GROUP 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS
3800 Mining claims under the general mining laws. 921
3810 Lands and minerals subject to location...... 964
3820 Areas subject to special mining laws........ 970
3830 Locating, recording, and maintaining mining
claims or sites; general provisions..... 974
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3831
Mineral lands available for locating mining claims or sites [Reserved]
3832 Locating mining claims or sites............. 983
3833 Recording mining claims and sites........... 988
3834 Required fees for mining claims or sites.... 990
3835 Waivers from annual maintenance fees........ 992
3836 Annual assessment work requirements for
mining claims........................... 997
3837 Acquiring a delinquent co-claimant's
interests in a mining claim or site..... 1000
3838 Special procedures for locating and
recording mining claims and tunnel sites
on Stockraising Homestead Act (SRHA)
lands................................... 1002
3839
Special laws, in addition to FLPMA, that require recording or notice
[Reserved]
3860 Mineral patent applications................. 1005
3870 Adverse claims, protests and conflicts...... 1016
3900 Oil shale management--general............... 1020
3910 Oil shale exploration licenses.............. 1031
3920 Oil shale leasing........................... 1033
3930 Management of oil shale exploration and
leases.................................. 1039
SUBCHAPTER D--RANGE MANAGEMENT (4000)
GROUP 4100--GRAZING ADMINISTRATION
4100 Grazing administration--exclusive of Alaska. 1053
GROUP 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK
4200 Grazing administration; Alaska; livestock... 1082
GROUP 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER; GENERAL
4300 Grazing administration; Alaska; reindeer;
general................................. 1083
GROUP 4600--LEASES
4600 Leases of grazing land--Pierce Act.......... 1087
GROUP 4700--WILD FREE-ROAMING HORSE AND BURRO MANAGEMENT
4700 Protection, management, and control of wild
free-roaming horses and burros.......... 1090
SUBCHAPTER E--FOREST MANAGEMENT (5000)
GROUP 5000--FOREST MANAGEMENT GENERAL
5000 Administration of forest management
decisions............................... 1099
[[Page 9]]
5040 Sustained-yield forest units................ 1100
GROUP 5400--SALES OF FOREST PRODUCTS
5400 Sales of forest products; general........... 1101
5410 Annual timber sale plan..................... 1104
5420 Preparation for sale........................ 1105
5430 Advertisement............................... 1106
5440 Conduct of sales............................ 1107
5450 Award of contract........................... 1109
5460 Sales administration........................ 1111
5470 Contract modification--extension--assignment 1115
GROUP 5500--NONSALE DISPOSALS
5500 Nonsale disposals; general.................. 1116
5510 Free use of timber.......................... 1117
SUBCHAPTER F--PRESERVATION AND CONSERVATION (6000)
6300 Management of designated wilderness areas... 1124
SUBCHAPTER G (7000) [RESERVED]
SUBCHAPTER H--RECREATION PROGRAMS (8000)
GROUP 8100--CULTURAL RESOURCE MANAGEMENT [RESERVED]
GROUP 8200--NATURAL HISTORY RESOURCE MANAGEMENT
8200 Procedures.................................. 1132
8340 Off-road vehicles........................... 1134
8350 Management areas............................ 1138
8360 Visitor services............................ 1139
GROUP 8600--ENVIRONMENTAL EDUCATION AND PROTECTION [RESERVED]
SUBCHAPTER I--TECHNICAL SERVICES (9000)
GROUP 9100--ENGINEERING
9180 Cadastral survey............................ 1145
GROUP 9200--PROTECTION
9210 Fire management............................. 1150
9230 Trespass.................................... 1152
9260 Law enforcement--criminal................... 1157
9261-9999 [Reserved]
[[Page 11]]
SUBCHAPTER A_GENERAL MANAGEMENT (1000)
PARTS 1000 1599 [RESERVED]
PART 1600_PLANNING, PROGRAMMING, BUDGETING--Table of Contents
Subpart 1601_Planning
Sec.
1601.0-1 Purpose.
1601.0-2 Objective.
1601.0-3 Authority.
1601.0-4 Responsibilities.
1601.0-5 Definitions.
1601.0-6 Environmental impact statement policy.
1601.0-7 Scope.
1601.0-8 Principles.
Subpart 1610_Resource Management Planning
1610.1 Resource management planning framework.
1610.1-1 Guidance and general requirements.
1610.1-2 Plan components.
1610.2 Public involvement.
1610.2-1 Public notice.
1610.2-2 Public comment periods.
1610.2-3 Availability of the resource management plan.
1610.3 Consultation with Indian tribes and coordination with other
Federal agencies, State and local governments, and Indian
tribes.
1610.3-1 Consultation with Indian tribes.
1610.3-2 Coordination of planning efforts.
1610.3-3 Consistency requirements.
1610.4 Planning assessment.
1610.5 Preparation of a resource management plan.
1610.5-1 Identification of planning issues.
1610.5-2 Formulation of resource management alternatives.
1610.5-3 Estimation of effects of alternatives.
1610.5-4 Preparation of the draft resource management plan and
selection of preferred alternatives.
1610.5-5 Selection of the proposed resource management plan.
1610.6 Resource management plan approval, implementation, and
modification.
1610.6-1 Resource management plan approval and implementation.
1610.6-2 Protest procedures.
1610.6-3 Conformity and implementation.
1610.6-4 Monitoring and evaluation.
1610.6-5 Maintenance.
1610.6-6 Amendment.
1610.6-7 Revision.
1610.6-8 Situations where action can be taken based on another agency's
planning documents.
1610.7 Management decision review by Congress.
1610.8 Designation of areas.
1610.8-1 Designation of areas unsuitable for surface mining.
1610.8-2 Designation of areas of critical environmental concern.
1610.9 Transition period.
Authority: 43 U.S.C. 1711-1712.
Source: 81 FR 89661, Dec. 12, 2016, unless otherwise noted.
Subpart 1601_Planning
Sec. 1601.0-1 Purpose.
The purpose of this part is to establish in regulations a process
for the development, approval, maintenance, and amendment of resource
management plans, and the use of existing plans for public lands
administered by the Bureau of Land Management (BLM), consistent with the
principles of multiple use and sustained yield, unless otherwise
specified by law.
Sec. 1601.0-2 Objective.
The objective of resource management planning by the BLM is to
manage public lands on the basis of multiple use and sustained yield,
unless otherwise specified by law, provide for meaningful public
involvement by the public, State and local governments, Indian tribes
and Federal agencies in the preparation and amendment of resource
management plans, and ensure that the public lands be managed in a
manner that will protect the quality of scientific, scenic, historical,
ecological, environmental, air and atmospheric, water resource, and
archeological values; that, where appropriate, will preserve and protect
certain public lands in their natural condition; that will provide food
and habitat for fish and wildlife and domestic animals; that will
provide for outdoor recreation and human occupancy and use, and which
recognizes the Nation's need for renewable and non-renewable resources
including, but not limited to, domestic
[[Page 12]]
sources of minerals, food, timber, and fiber from the public lands.
Sec. 1601.0-3 Authority.
These regulations are issued under the authority of sections 201 and
202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1711-1712) (FLPMA); the Public Rangelands Improvement Act of 1978 (43
U.S.C. 1901); section 3 of the Federal Coal Leasing Amendments Act of
1976 (30 U.S.C. 201(a)); sections 522, 601, and 714 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); and
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Sec. 1601.0-4 Responsibilities.
(a) The Secretary and the Director provide national level policy and
procedure guidance for planning. The Director determines the deciding
official and the planning area for the preparation of resource
management plans and plan amendments that cross State boundaries. For
other resource management plans or plan amendments, the deciding
official shall be the BLM State Director, unless otherwise determined by
the Director.
(b) Deciding officials provide quality control and supervisory
review, including approval, for the preparation and amendment of
resource management plans and related environmental impact statements or
environmental assessments. The deciding official determines the
responsible official for the preparation of each resource management
plan or plan amendment. The deciding official also determines the
planning area for resource management plans and plan amendments that do
not cross State boundaries.
(c) Responsible officials prepare resource management plans and plan
amendments and related environmental impact statements or environmental
assessments.
Sec. 1601.0-5 Definitions.
As used in this part, the term:
Areas of Critical Environmental Concern or ACEC means areas within
the public lands where special management attention is required (when
such areas are developed or used or where no development is required) to
protect and prevent irreparable damage to important historic, cultural,
or scenic values, fish and wildlife resources, or other natural systems
or processes, or to protect life and safety from natural hazards.
Conformity or conformance means that a resource management action
shall be clearly consistent with the plan components of the approved
resource management plan (see Sec. 1610.6-3).
Consistent with officially approved and adopted plans means that
resource management plans are compatible with the terms, conditions, and
decisions of officially approved and adopted plans of other Federal
agencies, State and local governments, and Indian tribes, to the maximum
extent the BLM finds consistent with the purposes of FLPMA and other
Federal law and regulations applicable to public lands, and the
purposes, policies and programs implementing such laws and regulations,
and subject to the qualifications in Sec. 1610.3-3.
Cooperating agency means an eligible governmental entity (see 43 CFR
46.225(a)) that has entered into an agreement with the BLM to
participate in the development of an environmental impact statement or
environmental assessment as a cooperating agency under the National
Environmental Policy Act and in the planning process as described in
Sec. 1610.3-2 of this part. The BLM and the cooperating agency will work
together under the terms of the agreement.
Deciding official means the BLM official who is delegated the
authority to approve a resource management plan or plan amendment (see
Sec. 1601.0-4).
High quality information means any representation of knowledge such
as facts or data, including the best available scientific information,
which is accurate, reliable, and unbiased, is not compromised through
corruption or falsification, and is useful to its intended users.
Indian tribe means an Indian tribe under section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130).
Landscape means an area of land encompassing an interacting mosaic
of
[[Page 13]]
ecosystems and human systems characterized by a set of common management
concerns. The landscape is not defined by the size of the area, but
rather by the interacting elements that are relevant and meaningful in a
management context.
Mitigation means the sequence of avoiding impacts, minimizing
impacts, and compensating for remaining unavoidable impacts.
Multiple use means the management of the public lands and their
various resource values so that they are utilized in the combination
that will best meet the present and future needs of the American people;
making the most judicious use of the lands for some or all of these
resources or related services over areas large enough to provide
sufficient latitude for periodic adjustments in use to conform to
changing needs and conditions; the use of some lands for less than all
of the resources; a combination of balanced and diverse resource uses
that takes into account the long term needs of future generations for
renewable and non-renewable resources, including, but not limited to,
recreation, range, timber, minerals, watershed, wildlife and fish, and
natural scenic, scientific and historical values; and harmonious and
coordinated management of the various resources without permanent
impairment of the productivity of the lands and the quality of the
environment with consideration being given to the relative values of the
resources and not necessarily to the combination of uses that will give
the greatest economic return or the greatest unit output.
Officially approved and adopted plans means resource-related plans
prepared and approved by other Federal agencies, State and local
governments, and Indian tribes pursuant to and in accordance with
authorization provided by Federal, State, tribal, or local
constitutions, legislation, or charters which have the force and effect
of law.
Plan amendment means an amendment to an approved resource management
plan or management framework plan to change one or more plan components
(see Sec. 1610.6-6).
Plan components means the elements of a resource management plan
with which future management actions shall be consistent. Plan
components consist of goals; objectives; designations; resource use
determinations; monitoring and evaluation standards; and lands
identified as available for disposal, including sales under section 203
of FLPMA, as applicable (see Sec. 1610.1-2).
Plan maintenance means change(s) to an approved resource management
plan to correct typographical or mapping errors or to reflect minor
changes in mapping or data (see Sec. 1610.6-5).
Plan revision means a revision of an approved resource management
plan that affects the entire resource management plan or major portions
of the resource management plan (see Sec. 1610.6-7). Preparation or
development of a resource management plan includes plan revisions.
Planning area means the geographic area for the preparation or
amendment of a resource management plan.
Planning assessment means an evaluation of relevant resource,
environmental, ecological, social, and economic conditions in the
planning area (see Sec. 1610.4). A planning assessment is developed to
inform the preparation and, as appropriate, the implementation of a
resource management plan.
Planning issue means disputes, controversies, or opportunities
related to resource management.
Public means affected or interested individuals, including consumer
organizations, public land resource users, corporations and other
business entities, environmental organizations and other special
interest groups, and officials of Federal, State, local, and Indian
tribal governments.
Public involvement means the opportunity for participation by the
public in decision making and planning with respect to the public lands.
Public lands means any lands or interest in lands owned by the
United States and administered by the Secretary of the Interior through
the BLM. Public lands do not include lands located on the Outer
Continental Shelf and lands held for the benefit of Indians, Aleuts, and
Eskimos.
Resource management plan means a land use plan as described under
section 202 of the FLPMA, including plan
[[Page 14]]
revisions. Approval of a resource management plan is not a final
implementation decision on actions which require further specific plans,
process steps, or decisions under specific provisions of law and
regulations.
Responsible official means a BLM official who is delegated the
authority to prepare a resource management plan or plan amendment.
State and local government means the State, any political
subdivision of the State, and any general purpose unit of local
government with resource planning, resource management, zoning, or land
use regulatory authority.
Sustained yield means the achievement and maintenance in perpetuity
of a high-level annual or regular periodic output of the various
renewable resources of the public lands consistent with multiple use.
Sec. 1601.0-6 Environmental impact statement policy.
The BLM shall prepare an environmental impact statement when
preparing a resource management plan. The environmental analysis of
alternatives and the proposed resource management plan shall be
accomplished as part of the resource management planning process and,
wherever possible, the proposed resource management plan shall be
published in a single document with the related environmental impact
statement.
Sec. 1601.0-7 Scope.
(a) These regulations apply to all public lands.
(b) These regulations also govern the preparation of resource
management plans when the only public land interest is the mineral
estate.
Sec. 1601.0-8 Principles.
The development, approval, maintenance, amendment, and revision of
resource management plans shall provide for public involvement and shall
be consistent with the principles described in section 202 of FLPMA.
Additionally, the BLM shall consider the impacts of resource management
plans on resource, environmental, ecological, social, and economic
conditions at relevant scales. The BLM also shall consider the impacts
of resource management plans on, and the uses of, adjacent or nearby
Federal and non-Federal lands, and non-public land surface over
federally-owned mineral interests.
Subpart 1610_Resource Management Planning
Sec. 1610.1 Resource management planning framework.
Sec. 1610.1-1 Guidance and general requirements.
(a) Guidance for preparation and amendment of resource management
plans may be provided by the Director and deciding official, as needed,
to help the responsible official prepare a specific resource management
plan. Such guidance may include the following:
(1) Policy established by the President, Secretary, Director, or
deciding official approved documents, so long as such policy complies
with the Federal laws and regulations applicable to public lands; and
(2) Analysis requirements, planning procedures, and other written
information and instructions required to be considered in the planning
process.
(b) The BLM shall use a systematic interdisciplinary approach in the
preparation and amendment of resource management plans to achieve
integrated consideration of physical, biological, ecological, social,
economic, and other sciences. The expertise of the preparers shall be
appropriate to the resource values involved, the issues identified
during the issue identification and environmental impact statement
scoping stage of the planning process, and the principles of multiple
use and sustained yield unless otherwise specified by law. The
responsible official may use any necessary combination of BLM staff,
consultants, contractors, other governmental personnel, and advisors to
achieve an interdisciplinary approach.
(c) The BLM shall use high quality information to inform the
preparation, amendment, and maintenance of resource management plans.
Sec. 1610.1-2 Plan components.
(a) Plan components guide future management actions within the
planning area. Resource management plans
[[Page 15]]
shall include the following plan components:
(1) Goals. A goal is a broad statement of desired outcomes
addressing resource, environmental, ecological, social, or economic
characteristics within the planning area, or a portion of the planning
area, toward which management of the land and resources should be
directed.
(2) Objectives. An objective is a concise statement of desired
resource conditions within the planning area, or a portion of the
planning area, developed to guide progress toward one or more goals. An
objective is specific, measurable, and should have established time-
frames for achievement. As appropriate, objectives should also:
(i) Identify standards to mitigate undesirable impacts to resource
conditions;
(ii) Provide integrated consideration of resource, environmental,
ecological, social, and economic factors; and
(iii) Identify indicators for evaluating progress toward achievement
of the objective.
(b) Resource management plans also shall include the following plan
components in order to achieve the goals and objectives of the resource
management plan, or applicable legal requirements or policies,
consistent with the principles of multiple use and sustained yield
unless otherwise specified by law:
(1) Designations. A designation identifies areas of public land
where management is directed toward one or more priority resource values
or resource uses.
(i) Planning designations are identified through the BLM's land use
planning process in order to achieve the goals and objectives of the
resource management plan or applicable legal requirements or policies
such as the designation of areas of critical environmental concern
(ACEC) (see Sec. 1610.8-2).
(ii) Non-discretionary designations are designated by the President,
Congress, or the Secretary of the Interior pursuant to other legal
authorities.
(2) Resource use determinations. A resource use determination
identifies areas of public lands or mineral estate where, subject to
valid existing rights, specific uses are excluded, restricted, or
allowed, in order to achieve the goals and objectives of the resource
management plan or applicable legal requirements or policies. Resource
use determinations shall be consistent with or support the management
priorities identified through designations.
(3) Monitoring and evaluation standards. Monitoring and evaluation
standards identify indicators and intervals for monitoring and
evaluation to determine whether the resource management plan objectives
are being met or there is relevant new information that may warrant
amendment or revision of the resource management plan.
(4) Lands identified as available for disposal from BLM
administration, including sales under section 203 of FLPMA, as
applicable.
(c) A plan component may only be changed through a resource
management plan amendment or revision, except to correct typographical
or mapping errors or to reflect minor changes in mapping or data (see
Sec. 1610.6-5).
Sec. 1610.2 Public involvement.
(a) The BLM shall provide the public with opportunities to become
meaningfully involved in and comment on the preparation and amendment of
resource management plans. Public involvement in the resource management
planning process shall conform to the requirements of the National
Environmental Policy Act and associated implementing regulations.
(b) Public involvement activities conducted by the BLM shall be
documented either by a record or by a summary of the principal issues
discussed and comments made. The record or summary of the principal
issues discussed and comments made shall be available to the public and
open for 30 days to any participant who wishes to review the record or
summary.
(c) Before the close of each fiscal year, the BLM shall post the
status of each resource management plan in process of preparation or
scheduled to be started to the BLM's Web site.
Sec. 1610.2-1 Public notice.
(a) When the BLM prepares a resource management plan or amends a
resource management plan and prepares an environmental impact statement
to inform the amendment, the
[[Page 16]]
BLM shall notify the public and provide opportunities for public
involvement appropriate to the areas and people involved during the
following points in the planning process:
(1) Preparation of the planning assessment (subject to Sec. 1610.4);
(2) Identification of planning issues and review of the preliminary
statement of purpose and need (see Sec. 1610.5-1);
(3) Review of the preliminary resource management alternatives,
preliminary rationale for alternatives, and the basis for analysis
(subject to Secs. 1610.5-2(c) and 1610.5-3(a)(1));
(4) Comment on the draft resource management plan (see Sec. 1610.5-
4); and
(5) Protest of the proposed resource management plan (see
Secs. 1610.5-5 and 1610.6-2).
(b) When the BLM amends a resource management plan and prepares an
environmental assessment to inform the amendment, the BLM shall notify
the public and provide opportunities for public involvement appropriate
to the areas and people involved during the following points in the
planning process:
(1) Identification of planning issues (see Sec. 1610.6-6(a));
(2) Comment on the draft resource management plan amendment, as
appropriate (see Sec. 1610.6-6(a)); and
(3) Protest of the proposed resource management plan amendment (see
Secs. 1610.5-5 and 1610.6-2).
(c) The BLM shall announce opportunities for public involvement by
posting a notice on the BLM's Web site, at all BLM offices within the
planning area, and at other public locations, as appropriate. The
responsible official shall identify additional forms of notification to
reach local communities located within the planning area, as
appropriate.
(d) Individuals or groups may request to be notified of
opportunities for public involvement related to the preparation or
amendment of a resource management plan. The BLM shall notify those
individuals or groups through written or electronic means.
(e) The BLM shall notify the public at least 15 days before any
public involvement activities where the public is invited to attend,
such as a public meeting.
(f) When initiating the identification of planning issues for the
preparation of a resource management plan or plan amendment, in addition
to the public notification requirements of Secs. 1610.2-1(c) and 1610.2-
1(d), the BLM shall notify the public as follows:
(1) The BLM shall publish a notice in appropriate media, including
newspapers of general circulation in the planning area. The BLM shall
also publish a notice of intent in the Federal Register. This notice may
also constitute the scoping notice required by regulations implementing
the National Environmental Policy Act (40 CFR 1501.7).
(2) This notice shall include the following:
(i) Description of the proposed planning action;
(ii) Identification of the planning area for which the resource
management plan is to be prepared;
(iii) The general types of issues anticipated;
(iv) The expertise to be represented and used to prepare the
resource management plan, in order to achieve an interdisciplinary
approach (see Sec. 1610.1-1(b));
(v) The kind and extent of public involvement opportunities to be
provided, as known at the time;
(vi) The times, dates, and locations scheduled or anticipated for
any public meetings, hearings, conferences, or other gatherings, as
known at the time;
(vii) The name, title, address, and telephone number of the BLM
official who may be contacted for further information; and
(viii) The location and availability of documents relevant to the
planning process.
(g) If, after publication of a proposed resource management plan or
plan amendment, the BLM intends to select an alternative that is
encompassed by the range of alternatives in the final environmental
impact statement or environmental assessment, but is substantially
different than the proposed resource management plan or plan amendment,
the BLM shall notify the public and request written comments
[[Page 17]]
on the change before the resource management plan or plan amendment is
approved (see Sec. 1610.6-1(b)).
(h) The BLM shall notify the public when a resource management plan
or plan amendment has been approved.
(i) When changes are made to an approved resource management plan
through plan maintenance, the BLM shall notify the public and make the
changes available for public review at least 30 days prior to their
implementation.
Sec. 1610.2-2 Public comment periods.
(a) Any time the BLM requests written comments during the
preparation or amendment of a resource management plan, the BLM shall
notify the public and provide for at least 30 calendar days for
response, unless a longer period is required by law or regulation.
(b) When requesting written comments on a draft plan amendment and
an environmental impact statement is prepared to inform the amendment,
the BLM shall provide at least 60 calendar days for response. The 60-day
period begins when the Environmental Protection Agency publishes a
notice of availability of the draft environmental impact statement in
the Federal Register.
(c) When requesting written comments on a draft resource management
plan and draft environmental impact statement, the BLM shall provide at
least 100 calendar days for response. The 100-day period begins when the
Environmental Protection Agency publishes a notice of availability of
the draft environmental impact statement in the Federal Register.
(d) When a draft resource management plan or plan amendment involves
possible designation of one or more potential ACECs, the BLM shall
request written comments on the designations under consideration (see
Sec. 1610.8-2).
Sec. 1610.2-3 Availability of the resource management plan.
(a) The BLM shall make copies of the draft, proposed, and approved
resource management plan or plan amendment reasonably available to the
public. At a minimum, the BLM shall make copies of these documents
available electronically and at all BLM offices within the planning
area. The BLM shall also make any scientific or technical reports the
responsible official uses in the preparation of a resource management
plan or plan amendment reasonably available to the public, to the extent
practical and consistent with Federal law.
(b) Upon request, the BLM shall make single printed copies of the
draft or proposed resource management plan or plan amendment available
to individual members of the public during the public involvement
process. After the BLM approves a resource management plan or plan
amendment, the BLM may charge a fee for additional printed copies. Fees
for reproducing requested documents beyond those used as part of the
public involvement activities and other than single printed copies of
the resource management plan or plan amendment may be charged according
to the Department of the Interior schedule for Freedom of Information
Act requests in 43 CFR part 2.
Sec. 1610.3 Consultation with Indian tribes and coordination with
other Federal agencies, State and local governments, and Indian tribes.
Sec. 1610.3-1 Consultation with Indian tribes.
The BLM shall initiate consultation with Indian tribes on a
government-to-government basis during the preparation and amendment of
resource management plans.
Sec. 1610.3-2 Coordination of planning efforts.
(a) Objectives of coordination. In addition to the public
involvement prescribed by Sec. 1610.2, and to the extent consistent with
Federal laws and regulations applicable to public lands, coordination is
to be accomplished with other Federal agencies, State and local
governments, and Indian tribes. The objectives of this coordination are
for the BLM to:
(1) Keep apprised of the plans, policies, and management programs of
other Federal agencies, State and local governments, and Indian tribes;
(2) Assure that the BLM considers those plans, policies, and
management
[[Page 18]]
programs that are germane in the development of resource management
plans for public lands;
(3) Assist in resolving, to the extent practical, inconsistencies
between Federal and non-Federal government plans;
(4) Provide for meaningful public involvement of other Federal
agencies, State and local government officials, both elected and
appointed, and Indian tribes, in the development of resource management
plans, including early notice of final decisions that may have a
significant impact on non-Federal lands; and
(5) Where possible and appropriate, develop resource management
plans collaboratively with cooperating agencies.
(b) Cooperating agencies. When preparing a resource management plan,
the responsible official shall follow applicable regulations regarding
the invitation of eligible governmental entities (see 43 CFR 46.225) to
participate as cooperating agencies. The same requirement applies when
the BLM amends a resource management plan and prepares an environmental
impact statement to inform the amendment.
(1) The responsible official shall consider any request by an
eligible governmental entity to participate as a cooperating agency. If
the responsible official denies a request or determines it is
inappropriate to extend an invitation to an eligible governmental
entity, he or she shall inform the deciding official of the denial. The
deciding official shall determine if the denial is appropriate and state
the reasons for any denials in the environmental impact statement.
(2) When a cooperating agency is a non-Federal agency, a memorandum
of understanding shall be used and shall include a commitment to
maintain the confidentiality of documents and deliberations during the
period prior to the public release by the BLM of any documents,
including drafts (see 43 CFR 46.225(d)).
(3) The responsible official shall collaborate, to the fullest
extent possible, with all cooperating agencies concerning those issues
relating to their jurisdiction and special expertise, during the
following steps in the planning process:
(i) Preparation of the planning assessment (see Sec. 1610.4);
(ii) Identification of planning issues (see Sec. 1610.5-1);
(iii) Formulation of resource management alternatives (see
Sec. 1610.5-2);
(iv) Estimation of effects of alternatives (see Sec. 1610.5-3);
(v) Preparation of the draft resource management plan (see
Sec. 1610.5-4); and
(vi) Preparation of the proposed resource management plan (see
Sec. 1610.5-5).
(c) Coordination requirements. The BLM shall provide Federal
agencies, State and local governments, and Indian tribes opportunity for
review, advice, and suggestions on issues and topics which may affect or
influence other agency or other government programs.
(1) To facilitate coordination with State governments, deciding
officials should seek the input of the Governor(s) on the timing, scope,
and coordination of resource management planning; definition of planning
areas; scheduling of public involvement activities; and multiple use and
sustained yield on public lands.
(2) Deciding officials may seek written agreements with Governors or
their designated representatives on processes and procedural topics such
as exchanging information, providing advice and participation, and
timeframes for receiving State government participation and review in a
timely fashion. If an agreement is not reached, the deciding official
shall provide opportunity for Governor and State agency review, advice,
and suggestions on issues and topics that the deciding official has
reason to believe could affect or influence State government programs.
(3) The responsible official shall notify Federal agencies, State
and local governments, and Indian tribes that have requested to be
notified or that the responsible official has reason to believe would be
interested in the resource management plan or plan amendment of any
opportunities for public involvement in the preparation or amendment of
a resource management plan. These notices shall be issued simultaneously
with the public
[[Page 19]]
notices required under Sec. 1610.2-1 of this part.
(4) The responsible official shall notify relevant State agencies
consistent with State procedures for coordination of Federal activities
for circulation among State agencies, if such procedures exist.
(5) The responsible official shall provide Federal agencies, State
and local governments, and Indian tribes the time period prescribed
under Sec. 1610.2 of this part for review and comment on resource
management plans and plan amendments.
(d) Resource advisory councils. When an advisory council has been
formed under section 309 of FLPMA for the area addressed in a resource
management plan or plan amendment, the responsible official shall inform
that council, seek its views, and consider them throughout the planning
process.
Sec. 1610.3-3 Consistency requirements.
(a) Resource management plans shall be consistent with officially
approved and adopted plans of other Federal agencies, State and local
governments, and Indian tribes to the maximum extent the BLM finds
consistent with the purposes of FLPMA and other Federal laws and
regulations applicable to public lands, and the purposes, policies and
programs implementing such laws and regulations.
(1) The BLM shall, to the extent practical, keep apprised of
officially approved and adopted plans of other Federal agencies, State
and local governments, and Indian tribes and give consideration to those
plans that are germane in the development of resource management plans.
(2) The BLM is not required to address the consistency requirements
of this section if the responsible official has not been notified, in
writing, by Federal agencies, State and local governments, or Indian
tribes of an apparent inconsistency.
(3) If a Federal agency, State and local government, or Indian tribe
notifies the responsible official, in writing, of what they believe to
be specific inconsistencies between the BLM draft resource management
plan and their officially approved and adopted plans, the proposed
resource management plan shall show how those inconsistencies were
addressed and, if possible, resolved.
(4) Where the officially approved and adopted plans of State and
local governments differ from each other, those of the higher authority
will normally be followed.
(b) Governor's consistency review. Prior to the approval of a
proposed resource management plan or plan amendment, the deciding
official shall submit to the Governor of the State(s) involved, the
proposed resource management plan or plan amendment and shall identify
any relevant known inconsistencies with the officially approved and
adopted plans of State and local governments.
(1) The Governor(s) may submit a written document to the deciding
official within 60 days after receiving the proposed resource management
plan or plan amendment that:
(i) Identifies inconsistencies with officially approved and adopted
land use plans of State and local governments and provides
recommendations to remedy the identified inconsistencies; or
(ii) Waives or reduces the 60-day period.
(2) If the Governor(s) does not respond within the 60-day period,
the resource management plan or plan amendment is presumed to be
consistent.
(3) If the document submitted by the Governor(s) recommends
substantive changes that were not considered during the public
involvement process, the BLM shall notify the public and request written
comments on these changes.
(4) The deciding official shall notify the Governor(s) in writing of
his or her decision regarding these recommendations and the reasons for
this decision.
(i) The Governor(s) may submit a written appeal to the Director
within 30 days after receiving the deciding official's decision.
(ii) The Director shall consider the Governor(s)' appeal and the
consistency requirements of this section in rendering a final decision.
The Director shall notify the Governor(s) in writing of his or her
decision regarding the Governor's appeal. The BLM shall notify the
public of this decision and
[[Page 20]]
make the written decision available to the public.
Sec. 1610.4 Planning assessment.
Before initiating the preparation of a resource management plan the
BLM shall, consistent with the nature, scope, scale, and timing of the
planning effort, complete a planning assessment.
(a) Planning area. The BLM shall identify a preliminary planning
area for use as the basis for the planning assessment.
(1) In identifying the preliminary planning area, the BLM shall
consider the following:
(i) Management concerns identified through monitoring and evaluation
(see Sec. 1610.6-4);
(ii) Relevant landscapes based on these management concerns;
(iii) Director and deciding official guidance;
(iv) Officially approved and adopted plans of other Federal
agencies, State and local governments, and Indian tribes; and
(v) Other relevant information, as appropriate.
(2) The responsible official shall make a description of and a
rationale for the preliminary planning area available for public review
prior to the publication of the notice of intent in the Federal Register
(see Sec. 1610.2-1(f)).
(b) Information gathering. The responsible official shall:
(1) Arrange for relevant resource, environmental, ecological,
social, economic, and institutional data and information to be gathered,
or assembled if already available, including the identification of
potential ACECs (see Sec. 1610.8-2). To the extent consistent with the
laws governing the administration of the public lands and as
appropriate, inventory data and information shall be gathered or
assembled in coordination with the land use planning and management
programs of other Federal agencies, State and local governments, and
Indian tribes within which the lands are located, and in a manner that
aids the planning process and avoids unnecessary data-gathering;
(2) Identify relevant national, regional, State, tribal, or local
laws, regulations, policies, guidance, strategies, or plans for
consideration in the planning assessment. These may include, but are not
limited to, Executive or Secretarial orders, Departmental or BLM policy,
Director or deciding official guidance, mitigation strategies,
interagency initiatives, and State, multi-state, tribal, or local
resource plans;
(3) Provide opportunities for other Federal agencies, State and
local governments, Indian tribes, and the public to provide existing
data and information or suggest other laws, regulations, policies,
guidance, strategies, or plans described under paragraph (b)(2) of this
section, for the BLM's consideration in the planning assessment; and
(4) Identify relevant public views concerning resource,
environmental, ecological, social, or economic conditions of the
planning area.
(c) Information quality. The responsible official shall evaluate the
data and information gathered under paragraph (b) of this section to
ensure the use of high quality information in the planning assessment
and to identify any data gaps or further information needs.
(d) Assessment. The responsible official shall assess the resource,
environmental, ecological, social, and economic conditions of the
planning area. At a minimum, the responsible official shall consider and
document the following factors in this assessment when they are
applicable:
(1) Resource use and management authorized by FLPMA and other
relevant authorities;
(2) Land status and ownership, existing resource management,
infrastructure, and access patterns in the planning area, including any
known valid existing rights;
(3) Current resource, environmental, ecological, social, and
economic conditions, and any known trends related to these conditions;
(4) Known resource constraints, or limitations;
(5) Areas of potential importance within the planning area,
including:
(i) Areas of tribal, traditional, or cultural importance;
(ii) Habitat for special status species, including State or
federally-listed threatened and endangered species;
[[Page 21]]
(iii) Other areas of key fish and wildlife habitat such as big game
wintering and summer areas, bird nesting and feeding areas, habitat
connectivity or wildlife migration corridors, and areas of large and
intact habitat;
(iv) Areas of ecological importance, such as areas that increase the
ability of terrestrial and aquatic ecosystems within the planning area
to adapt to, resist, or recover from change;
(v) Lands with wilderness characteristics, wild and scenic study
rivers, or areas of significant scientific or scenic value;
(vi) Areas of significant historical value, including
paleontological sites;
(vii) Existing designations located in the planning area, such as
wilderness, wilderness study areas, wild and scenic rivers, national
scenic or historic trails, or ACECs;
(viii) Areas with potential for renewable or non-renewable energy
development or energy transmission;
(ix) Areas with known mineral potential;
(x) Areas with known potential for producing forest products,
including timber;
(xi) Areas of importance for recreation activities or access;
(xii) Areas of importance for public health and safety, such as
abandoned mine lands or natural hazards;
(6) Dominant ecological processes, disturbance regimes, and
stressors, such as drought, wildland fire, invasive species, and climate
change; and
(7) The various goods, services, and uses that people obtain from
the planning area, such as ecological services, domestic livestock
grazing, fish and wildlife development and utilization, mineral
exploration and production, rights-of-way, outdoor recreation, and
timber production; and
(i) The degree of local, regional, national, or international
importance of these goods, services, and uses;
(ii) Available forecasts and analyses related to the supply and
demand for these goods, services, and uses; and
(iii) The estimated levels of these goods, services, and uses that
may be produced on a sustained yield basis.
(e) Planning assessment report. The responsible official shall
document the planning assessment in a report made available for public
review prior to the publication of the notice of intent, which includes
the identification and rationale for potential ACECs. To the extent
practical, any non-sensitive geospatial information used in the planning
assessment should be made available to the public on the BLM's Web site.
(f) Plan amendments. Before initiating the preparation of a plan
amendment for which an environmental impact statement will be prepared,
the BLM shall complete a planning assessment consistent with the
requirements of this section for the geographic area being considered
for amendment. The deciding official may waive this requirement for
project-specific or other minor amendments.
Sec. 1610.5 Preparation of a resource management plan.
When preparing a resource management plan, or a plan amendment for
which an environmental impact statement will be prepared, the BLM shall
follow the process described in Secs. 1610.5-1 through 1610.5-5.
Sec. 1610.5-1 Identification of planning issues.
(a) The responsible official shall prepare a preliminary statement
of purpose and need, which briefly indicates the underlying purpose and
need to which the BLM is responding (see 43 CFR 46.420). This statement
shall be informed by Director and deciding official guidance (see
Sec. 1610.1-1(a)), public views (see Sec. 1610.4(a)(4)), the planning
assessment (see Sec. 1610.4(c)), the results of any previous monitoring
and evaluation within the planning area (see Sec. 1610.6-4), Federal
laws and regulations applicable to public lands, and the purposes,
policies, and programs implementing such laws and regulations. The BLM
shall initiate the identification of planning issues by notifying the
public and making the preliminary statement of purpose and need
available for public review.
(b) The public, other Federal agencies, State and local governments,
and Indian tribes shall be given an opportunity to suggest concerns,
needs, opportunities, conflicts, or constraints related to resource
management for
[[Page 22]]
consideration in the preparation of the resource management plan,
including those respecting officially approved and adopted plans of
other Federal agencies, State and local governments, and Indian tribes.
The responsible official shall analyze those suggestions and other
available data and information, such as the planning assessment (see
Sec. 1610.4-1), and determine the planning issues to be addressed during
the planning process. Planning issues may be modified during the
planning process to incorporate new information. The identification of
planning issues should be integrated with the scoping process required
by regulations implementing the National Environmental Policy Act (40
CFR 1501.7).
Sec. 1610.5-2 Formulation of resource management alternatives.
(a) Alternatives development. The BLM shall consider all reasonable
resource management alternatives (alternatives) and develop several
complete alternatives for detailed study. The decision to designate
alternatives for further development and analysis remains the exclusive
responsibility of the BLM.
(1) The alternatives developed shall be informed by the Director and
deciding official guidance (see Sec. 1610.1(a)), the planning assessment
(see Sec. 1610.4), the statement of purpose and need (see Sec. 1610.5-
1), and the planning issues (see Sec. 1610.5-1).
(2) In order to limit the total number of alternatives analyzed in
detail to a manageable number for presentation and analysis, reasonable
variations may be treated as sub-alternatives.
(3) One alternative shall be for no action, which means continuation
of present level or systems of resource management.
(4) The resource management plan shall note any alternatives
identified and eliminated from detailed study and shall briefly discuss
the reasons for their elimination.
(b) Rationale for alternatives. The resource management plan shall
describe the rationale for the differences between alternatives. The
rationale shall include:
(1) A description of how each alternative addresses the planning
issues, consistent with the principles of multiple use and sustained
yield, unless otherwise specified by law;
(2) A description of management direction that is common to all
alternatives; and
(3) A description of how management direction varies across
alternatives to address the planning issues.
(c) Public review of preliminary alternatives. The responsible
official shall make the preliminary alternatives and the preliminary
rationale for alternatives available for public review prior to the
publication of the draft resource management plan and draft
environmental impact statement, and as appropriate, prior to the
publication of draft plan amendments when an environmental impact
statement is prepared to inform the amendment.
(d) Changes to preliminary alternatives. The BLM may change the
preliminary alternatives and preliminary rationale for alternatives as
planning proceeds if it determines that public suggestions or other new
information make such changes necessary. A description of these changes
shall be made available to the public in the draft resource management
plan (see Sec. 1610.5-4).
Sec. 1610.5-3 Estimation of effects of alternatives.
(a) Basis for analysis. The responsible official shall identify the
procedures, assumptions, and indicators that will be used to estimate
the environmental, ecological, social, and economic effects of
implementing each alternative considered in detail.
(1) The responsible official shall make the preliminary procedures,
assumptions, and indicators available for public review prior to the
publication of the draft resource management plan and draft
environmental impact statement, and, as appropriate, prior to the
publication of draft plan amendments when an environmental impact
statement is prepared to inform the amendment.
(2) The BLM may change the procedures, assumptions, and indicators
as planning proceeds if it determines that public suggestions or other
new information make such changes necessary. A description of these
changes shall be made available to the public in the
[[Page 23]]
draft resource management plan (see Sec. 1610.5-4).
(b) Effects analysis. The responsible official shall estimate and
display the environmental, ecological, economic, and social effects of
implementing each alternative considered in detail. The estimation of
effects shall be guided by the basis for analysis, the planning
assessment, and procedures implementing the National Environmental
Policy Act. The estimate may be stated in terms of probable ranges where
effects cannot be precisely determined.
Sec. 1610.5-4 Preparation of the draft resource management plan
and selection of preferred alternatives.
(a) The responsible official shall prepare a draft resource
management plan based on Director and deciding official guidance, the
planning assessment, the planning issues, and the estimation of the
effects of alternatives. The draft resource management plan and draft
environmental impact statement shall:
(1) Describe any changes made to the preliminary alternatives and
preliminary procedures, assumptions, and indicators;
(2) Evaluate the alternatives; and
(3) Identify one or more preferred alternatives, if one or more
exist, and explain the rationale for the preference or absence of a
preference. The identification of one or more preferred alternatives
remains the exclusive responsibility of the BLM.
(b) The resulting draft resource management plan and draft
environmental impact statement shall be forwarded to the deciding
official for publication and filing with the Environmental Protection
Agency.
(c) This draft resource management plan and draft environmental
impact statement shall be provided for comment to the Governor(s) of the
State(s) involved, and to officials of other Federal agencies, State and
local governments, and Indian tribes that have requested to be notified
of opportunities for public involvement or that the deciding official
has reason to believe would be interested (see Sec. 1610.3-2(c)). This
action constitutes compliance with the requirements of Sec. 3420.1-7 of
this title.
Sec. 1610.5-5 Selection of the proposed resource management plan.
(a) After publication of the draft resource management plan and
draft environmental impact statement, the responsible official shall
evaluate the comments received and prepare the proposed resource
management plan and final environmental impact statement.
(b) The deciding official shall publish these documents and file the
final environmental impact statement with the Environmental Protection
Agency.
Sec. 1610.6 Resource management plan approval, implementation,
and modification.
Sec. 1610.6-1 Resource management plan approval and implementation.
(a) The deciding official may approve the resource management plan
or plan amendment for which an environmental impact statement was
prepared no earlier than 30 days after the Environmental Protection
Agency publishes a notice of availability of the final environmental
impact statement in the Federal Register.
(b) Approval shall be withheld on any portion of a resource
management plan or plan amendment being protested (see Sec. 1610.6-2)
until final action has been completed on such protest. If, after
publication of a proposed resource management plan or plan amendment,
the BLM intends to select an alternative that is within the spectrum of
alternatives in the final environmental impact statement or
environmental assessment, but is substantially different than the
proposed resource management plan or plan amendment, the BLM shall
notify the public and request written comments on the change before the
resource management plan or plan amendment is approved.
(c) The approval of a resource management plan or a plan amendment
for which an environmental impact statement is prepared shall be
documented in a concise public record of the decision (see 40 CFR
1505.2).
Sec. 1610.6-2 Protest procedures.
(a) Any member of the public who participated in the preparation of
the resource management plan or plan
[[Page 24]]
amendment and has an interest which may be adversely affected by the
approval of a proposed resource management plan or plan amendment may
protest such approval. A protest may raise only those issues which were
submitted for the record during the preparation of the resource
management plan or plan amendment (see Sec. 1610.5), unless the protest
concerns an issue that arose after the close of the opportunity for
public comment on the draft resource management plan.
(1) Submission. The protest must be in writing and must be filed
with the Director. The protest may be filed as a hard-copy or
electronically. The responsible official shall specify protest filing
procedures for each resource management plan or plan amendment,
including the method the public may use to submit a protest
electronically.
(2) Timing. For resource management plans or plan amendments for
which an environmental impact statement was prepared, the protest must
be filed within 30 days after the date the Environmental Protection
Agency published the notice of availability of the final environmental
impact statement in the Federal Register. For plan amendments for which
an environmental assessment was prepared, the protest must be filed
within 30 days after the date that the BLM notifies the public of the
availability of the amendment.
(3) Content requirements. The protest must:
(i) Include the name, mailing address, telephone number, email
address (if available), and interest of the person filing the protest;
(ii) State how the protestor participated in the preparation of the
resource management plan or plan amendment;
(iii) Identify the plan component(s) believed to be inconsistent
with Federal laws or regulations applicable to public lands, or the
purposes, policies, and programs implementing such laws and regulations;
(iv) Concisely explain why the plan component(s) is believed to be
inconsistent with Federal laws or regulations applicable to public
lands, or the purposes, policies, and programs implementing such laws
and regulations and, unless the protest concerns an issue that arose
after the close of the opportunity for public comment on the draft
resource management plan, identify the associated issue or issues raised
during the preparation of the resource management plan or plan
amendment; and
(v) Include a copy of all documents addressing the issue or issues
that were submitted during the planning process by the protesting party
or an indication of the date the issue or issues were discussed for the
record, unless the protest concerns an issue that arose after the close
of the opportunity for public comment on the draft resource management
plan.
(4) Availability. Upon request, the Director shall make protests
available to the public, withholding any protected information that is
exempt from disclosure under applicable laws or regulations.
(b) The Director shall render a written decision on all protests and
notify protesting parties of the decision. The decision on the protest
and the reasons for the decision shall be made available to the public.
The decision of the Director is the final decision of the Department of
the Interior. Approval will be withheld on any portion of a resource
management plan or plan amendment until final action has been completed
on such protest (see Sec. 1610.6-1(b)).
(c) The Director may dismiss any protest that does not meet the
requirements of this section. The Director shall notify protesting
parties of the dismissal and provide the reasons for the dismissal.
Sec. 1610.6-3 Conformity and implementation.
(a) All future resource management authorizations and actions, and
subsequent more detailed or specific planning, shall conform to the plan
components of the approved resource management plan.
(b) After a resource management plan or plan amendment is approved,
and if otherwise authorized by law, regulation, contract, permit,
cooperative agreement, or other instrument of occupancy and use, the BLM
shall take appropriate measures, subject to valid
[[Page 25]]
existing rights, to make operations and activities under existing
permits, contracts, cooperative agreements, or other instruments for
occupancy and use, conform to the plan components of the approved
resource management plan or plan amendment within a reasonable period of
time. Any person adversely affected by a specific action being proposed
to implement some portion of a resource management plan or plan
amendment may appeal such action pursuant to part 4, subpart E of this
chapter, at the time the specific action is proposed for implementation.
(c) If a proposed action is not in conformance with a plan
component, and the deciding official determines that such action
warrants further consideration before a resource management plan
revision is scheduled, such consideration shall be through a resource
management plan amendment in accordance with Sec. 1610.6-6 of this part.
(d) More detailed and site specific plans for coal, oil shale and
tar sand resources shall be prepared in accordance with specific
regulations for those resources: Part 3400 of this title for coal; part
3900 of this title for oil shale; and part 3140 of this title for tar
sand. These activity plans shall be in conformance with land use plans
prepared and approved under the provisions of this part.
Sec. 1610.6-4 Monitoring and evaluation.
(a) The BLM shall monitor and evaluate the resource management plan
in accordance with the monitoring and evaluation standards to determine
whether:
(1) The resource management plan objectives are being met; and
(2) There is relevant new information or other sufficient cause to
warrant consideration of amendment or revision of the resource
management plan.
(b) The responsible official shall document the evaluation of the
resource management plan in a report made available for public review on
the BLM's Web site.
Sec. 1610.6-5 Maintenance.
Resource management plans may be maintained as necessary to correct
typographical or mapping errors or to reflect minor changes in mapping
or data. Maintenance shall not change a plan component of the approved
resource management plan, except to correct typographical or mapping
errors or to reflect minor changes in mapping or data. Maintenance is
not considered a resource management plan amendment and shall not
require the formal public involvement and interagency coordination
process described under Secs. 1610.2 and 1610.3 of this part or the
preparation of an environmental assessment or environmental impact
statement. When changes are made to an approved resource management plan
through plan maintenance, the BLM shall notify the public and make the
changes available for public review at least 30 days prior to their
implementation.
Sec. 1610.6-6 Amendment.
(a) A plan component may be changed through amendment. An amendment
may be initiated when the BLM determines monitoring and evaluation
findings, new high quality information, new or revised policy, a
proposed action, or other relevant changes in circumstances, such as
changes in resource, environmental, ecological, social, or economic
conditions, warrants a change to one or more of the plan components of
the approved resource management plan. An amendment shall be made in
conjunction with an environmental assessment of the proposed change, or
an environmental impact statement, if necessary. When amending a
resource management plan, the BLM shall provide for public involvement
(see Sec. 1610.2), interagency coordination, tribal consultation,
consistency review (see Sec. 1610.3), and protest (see Sec. 1610.6-2).
In all cases, the effect of the amendment on other plan components shall
be evaluated. If the amendment is being considered in response to a
specific proposal, the effects analysis required for the proposal and
for the amendment may occur simultaneously.
(b) If the environmental assessment does not disclose significant
impacts, the responsible official may make a finding of no significant
impact and then make a recommendation on the amendment to the deciding
official for approval. Upon approval, the BLM
[[Page 26]]
shall issue a public notice of the action taken on the amendment. If the
amendment is approved, it may be implemented 30 days after such notice.
(c) If the BLM amends several resource management plans
simultaneously, a single programmatic environmental impact statement or
environmental assessment may be prepared to address all amendments.
Sec. 1610.6-7 Revision.
The BLM may revise a resource management plan, as necessary, when
monitoring and evaluation findings (Sec. 1610.6-4), new data, new or
revised policy, or other relevant changes in circumstances affect the
entire resource management plan or major portions of the resource
management plan. Revisions shall comply with all of the requirements of
this part for preparing and approving a resource management plan.
Sec. 1610.6-8 Situations where action can be taken based on another
agency's planning documents.
These regulations authorize the preparation of a resource management
plan for whatever public land interests exist in a given land area,
including mixed ownership where the public land estate is under non-
Federal surface, or administration of the land is shared by the BLM and
another Federal agency. The BLM may rely on the planning documents of
other agencies when split or shared estate conditions exist in any of
the following situations:
(a) Another agency's plan (Federal, tribal, State, or local) may be
relied on as a basis for an action only if it is comprehensive and has
considered the public land interest involved in a way comparable to the
manner in which it would have been considered in a resource management
plan, including the opportunity for public involvement, and is
consistent with Federal laws and regulations applicable to public lands,
and the purposes, policies and programs implementing such laws and
regulations.
(b) After evaluation and review, the BLM may adopt another agency's
plan for continued use as a resource management plan so long as the plan
is consistent with Federal laws and regulations applicable to public
lands, and the purposes, policies, and programs implementing such laws
and regulations, and an agreement is reached between the BLM and the
other agency to provide for maintenance and amendment of the plan, as
necessary.
(c) Another agency's resource assessment may be relied on only if it
is comprehensive and has considered the resource, environmental,
ecological, social, and economic conditions in a way comparable to the
manner in which these conditions would have been considered in a
planning assessment (see Sec. 1610.4), including the opportunity for
public involvement, and is consistent with Federal laws and regulations
applicable to public lands, and the purposes, policies, and programs
implementing such laws and regulations.
(d) A land use analysis may be relied on to consider a coal lease
when there is no Federal ownership interest in the surface or when coal
resources are insufficient to justify plan preparation costs. The land
use analysis process, as authorized by the Federal Coal Leasing
Amendments Act, consists of an environmental assessment or impact
statement, public involvement as required by Sec. 1610.2, the
consultation and consistency determinations required by Sec. 1610.3, the
protest procedure prescribed by Sec. 1610.6-2, and a decision on the
coal lease proposal. A land use analysis meets the planning requirements
of section 202 of FLPMA.
Sec. 1610.7 Management decision review by Congress.
FLPMA requires that any BLM management decision or action pursuant
to a management decision which totally eliminates one or more principal
or major uses for 2 or more years with respect to a tract of 100,000
acres or more, shall be reported by the Secretary to Congress before it
can be implemented. This report is not required prior to approval of a
resource management plan which, if fully or partially implemented, would
result in such an elimination of use(s). The required report shall be
submitted as the first action step in implementing that portion of a
resource management plan which would require elimination of such a use.
[[Page 27]]
Sec. 1610.8 Designation of areas.
Sec. 1610.8-1 Designation of areas unsuitable for surface mining.
(a)(1) The resource management planning process is the chief process
by which public land is reviewed to assess whether there are areas
unsuitable for all or certain types of surface coal mining operations
under section 522(b) of the Surface Mining Control and Reclamation Act.
The unsuitability criteria to be applied during the planning process are
found in Sec. 3461.1 of this title.
(2) When petitions to designate land unsuitable under section 522(c)
of the Surface Mining Control and Reclamation Act are referred to the
BLM for comment, the resource management plan, or plan amendment if
available, shall be the basis for review.
(3) After a resource management plan or plan amendment is approved
in which lands are assessed as unsuitable, the BLM shall take all
necessary steps to implement the results of the unsuitability review as
it applies to all or certain types of coal mining.
(b)(1) The resource management planning process is the chief process
by which public lands are reviewed for designation as unsuitable for
entry or leasing for mining operations for minerals and materials other
than coal under section 601 of the Surface Mining Control and
Reclamation Act.
(2) When petitions to designate lands unsuitable under section 601
of the Surface Mining Control and Reclamation Act are received by the
BLM, the resource management plan, if available, shall be the basis for
determinations for designation.
(3) After a resource management plan or plan amendment in which
lands are designated unsuitable is approved, the BLM shall take all
necessary steps to implement the results of the unsuitability review as
it applies to minerals or materials other than coal.
Sec. 1610.8-2 Designation and protection of areas of critical
environmental concern.
(a) Areas having potential for ACEC designation and protection shall
be identified through inventory of public lands and during the planning
assessment, and considered during the preparation or amendment of a
resource management plan. The inventory data shall be analyzed to
determine whether there are areas containing resources, values, systems
or processes, or natural hazards eligible for further consideration for
designation as an ACEC. In order to be a potential ACEC, both of the
following criteria must be met:
(1) Relevance. There must be present a significant historic,
cultural, or scenic value; a fish or wildlife resource or other natural
system or process; or natural hazard; and
(2) Importance. The value, resource, system, process, or natural
hazard described in paragraph (a)(1) of this section must have
substantial significance and values. This generally requires qualities
of special worth, consequence, meaning, distinctiveness, or cause for
concern. A natural hazard can be important if it is a significant threat
to human life or property.
(b) Potential ACECs shall be considered for designation during the
preparation or amendment of a resource management plan consistent with
the priority established by FLPMA (43 U.S.C. 1712(c)(3)). The
identification of a potential ACEC shall not, of itself, change or
prevent change of the management or use of public lands. ACECs require
special management attention (when such areas are developed or used or
no development is required) to protect and prevent irreparable damage to
the important historic, cultural, or scenic values, fish and wildlife
resources or other natural system or process, or to protect life and
safety from natural hazards.
(1) When a draft resource management plan or plan amendment involves
possible designation of one or more potential ACECs, the BLM shall
publish a notice in the Federal Register and request written comments on
the designations under consideration. This step may be integrated with
the notice and comment period for the draft resource management plan or
plan amendment (see Sec. 1610.2-2). Any draft resource management plan
or plan amendment involving a potential ACEC shall include a list of
each potential ACEC and any special management
[[Page 28]]
attention which would occur if it were formally designated.
(2) The approval of a resource management plan or plan amendment
that contains an ACEC constitutes formal designation of an ACEC. The
approved plan shall include a list of all designated ACECs, and include
any special management attention, such as resource use determinations
(Sec. 1610.1-2(b)(2)), identified to protect the designated ACECs.
Sec. 1610.9 Transition period.
(a) Until superseded by resource management plans, management
framework plans may be the basis for considering proposed actions as
follows:
(1) The management framework plan must be in compliance with the
principle of multiple use and sustained yield unless otherwise specified
by law, and must have been developed with public involvement and
governmental coordination, but not necessarily precisely as prescribed
in Secs. 1610.2 and 1610.3 of this part.
(2) For proposed actions a determination shall be made by the
responsible official whether the proposed action is in conformance with
the management framework plan. Such determination shall be in writing
and shall explain the reasons for the determination.
(i) If the proposed action is in conformance with the management
framework plan, it may be further considered for decision under
procedures applicable to that type of action, including the regulatory
provisions of the National Environmental Policy Act.
(ii) If the proposed action is not in conformance with the
management framework plan, and if the proposed action warrants further
consideration before a resource management plan is scheduled for
preparation, such consideration shall be through an amendment to the
management framework plan under the provisions of Sec. 1610.6-6 of this
part.
(b)(1) If an action is proposed where public lands are not covered
by a management framework plan or a resource management plan, an
environmental assessment or an environmental impact statement, if
necessary, plus any other data and analysis deemed necessary by the BLM
to make an informed decision, shall be used to assess the impacts of the
proposal and to provide a basis for a decision on the proposal.
(2) A land disposal action may be considered before a resource
management plan is scheduled for preparation, through a planning
analysis, using the process described in Sec. 1610.6-6 of this part for
amending a plan.
(c)(1) When considering whether a proposed action is in conformance
with a resource management plan, the BLM shall use an existing resource
management plan approved prior to January 11, 2017 until it is
superseded by a resource management plan or plan amendment prepared
under the regulations in this part. In such circumstances, the proposed
action must either be specifically provided for in the resource
management plan or clearly consistent with the terms, conditions, and
decisions of the approved plan.
(2) If a resource management plan is amended by a plan amendment
prepared under the regulations in this part, a future proposed action
must be clearly consistent with the plan components of the provisions of
the approved resource management plan amended under the regulations in
this part and the terms, conditions, and decisions of the provisions of
the approved resource management plan that have not been amended under
the regulations in this part.
(d) If the preparation, revision, or amendment of a plan was
formally initiated by issuance of a notice of intent in the Federal
Register prior to January 11, 2017, the BLM may complete and approve the
resource management plan or plan amendment pursuant to the requirements
of this part or to the provisions of the planning regulations in 43 CFR
part 1600 in effect prior to the effective date of this rule.
[[Page 29]]
Group 1700_Program Management--Table of Contents
PART 1780_COOPERATIVE RELATIONS--Table of Contents
Subpart 1784_Advisory Committees
Sec.
1784.0-1 Purpose.
1784.0-2 Objectives.
1784.0-3 Authority.
1784.0-4 [Reserved]
1784.0-5 Definitions.
1784.0-6 Policy.
1784.1 Establishment, duration, termination, and renewal.
1784.1-1 Establishment.
1784.1-2 Duration, termination, and renewal.
1784.2 Composition, avoidance of conflict of interest.
1784.2-1 Composition.
1784.2-2 Avoidance of conflict of interest.
1784.3 Member service.
1784.4 Public participation.
1784.4-1 Calls for nominations.
1784.4-2 Notice of meetings.
1784.4-3 Open meetings.
1784.5 Operating procedures.
1784.5-1 Functions.
1784.5-2 Meetings.
1784.5-3 Records.
1784.6 Membership and functions of resource advisory councils and sub-
groups.
1784.6-1 Resource advisory councils--requirements.
1784.6-2 Resource advisory councils--optional features.
Authority: 5 U.S.C. App. (Federal Advisory Committee Act); 43 U.S.C.
1739.
Source: 45 FR 8177, Feb. 6, 1980, unless otherwise noted.
Subpart 1784_Advisory Committees
Sec. 1784.0-1 Purpose.
This subpart contains standards and procedures for the creation,
operation and termination of advisory committees to advise the Secretary
of the Interior and Bureau of Land Management on matters relating to
public lands and resources under the administrative jurisdiction of the
Bureau of Land Management.
Sec. 1784.0-2 Objectives.
The objective of advisory committees established under these
regulations is to make available to the Department of the Interior and
Bureau of Land Management the expert counsel of concerned, knowledgeable
citizens and public officials regarding both the formulation of
operating guidelines and the preparation and execution of plans and
programs for the use and management of public lands, their natural and
cultural resources, and the environment.
Sec. 1784.0-3 Authority.
(a) The Federal Advisory Committee Act (5 U.S.C. Appendix 1)
requires establishment of a system governing advisory committees in the
Executive Branch of the Federal Government and specifies policies,
procedures, and responsibilities for committee creation, management and
termination.
(b) The Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), as amended by the Public Rangelands Improvement Act of
1978 (43 U.S.C. 1901 et seq.), requires establishment of advisory
councils representative of major citizen interests concerned with
resource management planning or the management of public lands.
(c) Section 2 of the Reorganization Plan No. 3 of 1950 (5 U.S.C.
Appendix, as amended; 64 Stat. 1262), authorizes the Secretary of the
Interior to make provisions deemed appropriate authorizing the
performance by any other officer, or by any agency or employee or the
Department of the Interior of any Departmental function. The
establishment of advisory committees is deemed an appropriate action.
[45 FR 8177, Feb. 6, 1980, as amended at 51 FR 39529, Oct. 29, 1986]
Sec. 1784.0-4 [Reserved]
Sec. 1784.0-5 Definitions.
As used in this subpart, the term:
(a) Advisory committee means any committee, council, or board
established or utilized for purposes of obtaining advice or
recommendations.
(b) Secretary means Secretary of the Interior.
(c) Director means the Director of the Bureau of Land Management.
(d) Designated Federal officer means the Federal officer or employee
designated by an advisory committee
[[Page 30]]
charter who approves meeting agendas and attends all meetings of the
committee and its subcommittees, if any.
(e) Public lands means any lands and interest in lands owned by the
United States administered by the Secretary of the Interior through the
Bureau of Land Management, except:
(1) Lands located on the Outer Continental Shelf; and
(2) Lands held for the benefit of Indians, Aleuts, and Eskimos.
[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]
Sec. 1784.0-6 Policy.
As part of the Department's program for public participation, it is
the policy of the Secretary to establish and employ committees
representative of major citizens' interests, or where required by law,
of special citizen interests, to advise the Secretary and Director
regarding policy formulation, program planning, decisionmaking,
attainment of program objectives, and achievement of improved program
coordination and economies in the management of public lands and
resources; to regularly ensure that such committees are being optimally
employed; and to limit the number of advisory committees to that
essential to the conduct of the public's business.
Sec. 1784.1 Establishment, duration, termination, and renewal.
Sec. 1784.1-1 Establishment.
(a) An advisory committee required by statute is established or
renewed upon the filing of a charter, signed by the Secretary, with the
Committee on Energy and Natural Resources of the United States Senate
and the Committee on Interior and Insular Affairs of the United States
House of Representatives.
(b) An advisory committee not specifically required by statute shall
be established only when the Secretary has--
(1) Determined as a matter of formal record, after consultation with
the General Services Administration, that establishment of the committee
is in the public interest in connection with duties required of the
Department of the Interior by law;
(2) Signed and filed the committee charter; and
(3) Published in the Federal Register a notice of his determination
and of the establishment of the committee.
(c) An advisory committee shall not meet or take any action until
the Committee's charter has been signed by the Secretary and copies
filed with the appropriate committees of the Senate and House of
Representatives and the Library of Congress.
Sec. 1784.1-2 Duration, termination, and renewal.
(a) An advisory committee not mandated by statute, i.e., established
at the discretion of the Secretary, shall terminate not later than 2
years after its establishment unless, prior to that time, it is
rechartered by the Secretary and copies of the new charter are filed
with the appropriate committees of the Senate and House of
Representatives. Any committee so renewed shall continue for not more
than 2 additional years unless, prior to expiration of such period, it
is again rechartered.
(b) Any advisory committee mandated by statute shall terminate not
later than 2 years after the date of its establishment unless its
duration is otherwise provided by law. Upon the expiration of each
successive two-year period following date of establishment, a new
charter shall be prepared and, after Secretarial approval, filed with
the appropriate committees of the Senate and House of Representatives
for any statutory advisory committee being continued.
Sec. 1784.2 Composition, avoidance of conflict of interest.
Sec. 1784.2-1 Composition.
(a) Each advisory committee shall be structured to provide fair
membership balance, both geographic and interest-specific, in terms of
the functions to be performed and points of view to be represented, as
prescribed by its charter. Each shall be formed with the objective of
providing representative counsel and advice about public land and
resource planning, retention, management and disposal. No person is to
be denied an opportunity to serve because
[[Page 31]]
of race, age, sex, religion or national origin.
(b) Individuals shall qualify to serve on an advisory committee
because their education, training, or experience enables them to give
informed and objective advice regarding an industry, discipline, or
interest specified in the committee's charter; they have demonstrated
experience or knowledge of the geographical area under the purview of
the advisory committee; and they have demonstrated a commitment to
collaborate in seeking solutions to resource management issues.
[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]
Sec. 1784.2-2 Avoidance of conflict of interest.
(a) Persons or employees of organizations who hold leases, licenses,
permits, contracts or claims which involve lands or resources
administered by the Bureau of Land Management normally shall not serve
on advisory committees except--
(1) Holders of grazing permits and leases may serve on advisory
committees, including resource advisory councils, and may serve on
subgroups of such advisory councils;
(2) That the lack of candidates make them the only available
candidates; or
(3) When they have special knowledge or experience which is needed
to accomplish the committee functions to be performed.
(b) No advisory committee members, including members of resource
advisory councils, and no members of subgroups of such advisory
committees, shall participate in any matter in which the members have a
direct interest.
(c) Members of advisory committees shall be required to disclose
their direct or indirect interest in leases, licenses, permits,
contracts, or claims and related litigation which involve lands or
resources administered by the Bureau of Land Management. For the
purposes of this paragraph, indirect interest includes holdings of a
spouse or a dependent child.
[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]
Sec. 1784.3 Member service.
(a) Appointments to advisory committees shall be for 2-year terms
unless otherwise specified in the charter or the appointing document.
Terms of service normally coincide with duration of the committee
charter. Members may be appointed to additional terms at the discretion
of the authorized appointing official.
(1) The term of the member of a council who has been appointed on
the basis of his status as an elected official of general purpose
government serving the people of the geographical area for which the
council is established shall end upon that person's departure from such
elective office if such departure occurs before his or her term of
appointment or reappointment to the council would otherwise expire.
However, the Secretary, in his discretion, may permit the member to
complete the term in another vacant position on the council, provided
that the member is qualified to represent one of the other categories of
major citizens' interests set forth in the charter of the council;
(2) A vacancy occurring by reason of removal, resignation, death, or
departure from elective office shall be filled for the balance of the
vacating member's term using the same method by which the original
appointment was made;
(b) Committee members advise and report only to the official(s)
specified in the charter. Service as an advisor, however, does not limit
the rights of a member acting as a private citizen or as a member or
official of another organization.
(c) The Secretary or the designated Federal officer may, after
written notice, terminate the service of an advisor if, in the judgment
of the Secretary or the designated Federal officer, such removal is in
the public interest, or if the advisor--
(1) No longer meets the requirements under which elected or
appointed;
(2) Fails or is unable to participate regularly in committee work;
or
(3) Has violated Federal law or the regulations of the Secretary.
(d) For purposes of compensation, members of advisory committees
shall be reimbursed for travel and per diem
[[Page 32]]
expenses when on advisory committee business, as authorized by 5 U.S.C.
5703. No reimbursement shall be made for expenses incurred by members of
subgroups selected by established committees, except that the designated
Federal officer may reimburse travel and per diem expenses to members of
subgroups who are also members of the parent committee.
[45 FR 8177, Feb. 6, 1980, as amended at 47 FR 6429, Feb. 12, 1982; 47
FR 34389, Aug. 9, 1982; 51 FR 39529, Oct. 29, 1986; 52 FR 5284, Feb. 20,
1987; 60 FR 9958, Feb. 22, 1995]
Sec. 1784.4 Public participation.
Sec. 1784.4-1 Calls for nominations.
Except where otherwise provided, candidates for appointment to
advisory committees are sought through public calls for public
nominations. Such calls shall be published in the Federal Register and
are made through media releases and systematic contacts with individuals
and organizations interested in the use and management of public lands
and resources.
Sec. 1784.4-2 Notice of meetings.
(a) Notices of meetings of advisory committees and any subcommittees
that may be formed shall be published in the Federal Register and
distributed to the media 30 days in advance of a meeting. However, if
urgent matters arise, notices of meetings of advisory committees and any
subcommittees shall be published in the Federal Register and distributed
to the media at least 15 days in advance of a meeting.
(b) Notices shall set forth meeting locations, topics or issues to
be discussed, and times and places for the public to be heard.
Sec. 1784.4-3 Open meetings.
(a) All advisory committee and subcommittee meetings and associated
field examinations shall be open to the public and news media.
(b) Anyone may appear before or file a statement with a committee or
subcommittee regarding matters on a meeting agenda.
(c) The scheduling of meetings and the preparation of agendas shall
be done in a manner that will encourage and facilitate public attendance
and participation. The amount of time scheduled for public presentations
and meeting times may be extended when the authorized representative
considers it necessary to accommodate all who seek to be heard regarding
matters on the agenda.
Sec. 1784.5 Operating procedures.
Sec. 1784.5-1 Functions.
The function of an advisory committee is solely advisory, and
recommendations shall be made only to the authorized representative
specified in its charter. Determinations of actions to be taken on the
reports and recommendations of a committee shall be made only by the
Secretary or the designated Federal officer.
[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]
Sec. 1784.5-2 Meetings.
(a) Advisory committees shall meet only at the call of the Secretary
or the designated Federal officer.
(b) No meeting shall be held in the absence of the Secretary or the
designated Federal officer.
(c) Each meeting shall be conducted with close adherence to an
agenda which has been approved in advance by the authorized
representative.
(d) The authorized representative may adjourn an advisory committee
meeting at any time when--
(1) Continuance would be inconsistent with either the purpose for
which the meeting was called or the established rules for its conduct;
or
(2) Adjournment is determined to be in the public interest.
[45 FR 8177, Feb. 6, 1980, as amended at 60 FR 9958, Feb. 22, 1995]
Sec. 1784.5-3 Records.
(a) Detailed records shall be kept of each meeting of an advisory
committee and any subcommittees that may be formed. These records shall
include as a minimum--
(1) The time and place of the meeting;
(2) Copies of the Federal Register and other public notices
announcing the meeting;
(3) A list of advisors and Department or Bureau employees present;
[[Page 33]]
(4) A list of members of the public present and who each
represented;
(5) The meeting agenda;
(6) A complete and accurate summary description of matters discussed
and conclusions reached;
(7) A list of recommendations made by the advisory committee;
(8) Copies of all reports received, issued, or approved by the
Committee or subcommittee; and
(9) A description of the nature of public participation. The
Chairperson of the advisory committee shall certify to the accuracy of
meeting records.
(b) All records, reports, transcripts, minutes, recommendations,
studies, working papers, and other documents prepared by or submitted to
an advisory committee shall be available for public inspection and
copying in the Bureau of Land Management office responsible for support
of that committee. Upon request, copies shall be provided at the cost of
duplication as established by the regulations in 43 CFR part 2 (Appendix
A).
Sec. 1784.6 Membership and functions of resource advisory councils
and sub-groups.
Sec. 1784.6-1 Resource advisory councils--requirements.
(a) Resource advisory councils shall be established to cover all
lands administered by the Bureau of Land Management, except where--
(1) There is insufficient interest in participation to ensure that
membership can be fairly balanced in terms of the points of view
represented and the functions to be performed; or
(2) The location of the public lands with respect to the population
of users and other interested parties precludes effective participation.
(b) A resource advisory council advises the Bureau of Land
Management official to whom it reports regarding the preparation,
amendment and implementation of land use plans for public lands and
resources within its area. Except for the purposes of long-range
planning and the establishment of resource management priorities, a
resource advisory council shall not provide advice on the allocation and
expenditure of funds. A resource advisory council shall not provide
advice regarding personnel actions.
(c) The Secretary shall appoint the members of each resource
advisory council. The Secretary shall appoint at least 1 elected
official of general purpose government serving the people of the area to
each council. An individual may not serve concurrently on more than 1
resource advisory council. Council members and members of a rangeland
resource team or other local general purpose subgroup must reside in 1
of the States within the geographic jurisdiction of the council or
subgroup, respectively. Council members and members of general purpose
subgroups shall be representative of the interests of the following 3
general groups:
(1) Persons who--
(i) Hold Federal grazing permits or leases within the area for which
the council is organized;
(ii) Represent interests associated with transportation or rights-
of-way;
(iii) Represent developed outdoor recreation, off-highway vehicle
users, or commercial recreation activities;
(iv) Represent the commercial timber industry; or
(v) Represent energy and mineral development.
(2) Persons representing--
(i) Nationally or regionally recognized environmental organizations;
(ii) Dispersed recreational activities;
(iii) Archeological and historical interests; or
(iv) Nationally or regionally recognized wild horse and burro
interest groups.
(3) Persons who--
(i) Hold State, county or local elected office;
(ii) Are employed by a State agency responsible for management of
natural resources, land, or water;
(iii) Represent Indian tribes within or adjacent to the area for
which the council is organized;
(iv) Are employed as academicians in natural resource management or
the natural sciences; or
(v) Represent the affected public-at-large.
(d) In appointing members of a resource advisory council from the 3
categories set forth in paragraphs (c)(1), (c)(2), and (c)(3) of this
section, the
[[Page 34]]
Secretary shall provide for balanced and broad representation from
within each category.
(e) In making appointments to resource advisory councils the
Secretary shall consider nominations made by the Governor of the State
or States affected and nominations received in response to public calls
for nominations pursuant to Sec. 1784.4-1. Persons interested in serving
on resource advisory councils may nominate themselves. All nominations
shall be accompanied by letters of reference from interests or
organizations to be represented.
(f) Persons appointed to resource advisory councils shall attend a
course of instruction in the management of rangeland ecosystems that has
been approved by the Bureau of Land Management State Director.
(g) A resource advisory council shall meet at the call of the
designated Federal officer and elect its own officers. The designated
Federal officer shall attend all meetings of the council.
(h) Council charters must include rules defining a quorum and
establishing procedures for sending recommendations forward to BLM. A
quorum of council members must be present to constitute an official
meeting of the council. Formal recommendations shall require agreement
of at least a majority of each of the 3 categories of interest from
which appointments are made.
(i) Where the resource advisory council becomes concerned that its
advice is being arbitrarily disregarded, the council may request that
the Secretary respond directly to such concerns within 60 days of
receipt. Such a request can be made only upon the agreement of all
council members. The Secretary's response shall not constitute a
decision on the merits of any issue that is or might become the subject
of an administrative appeal, and shall not be appealable.
(j) Administrative support for a resource advisory council shall be
provided by the office of the designated Federal officer.
[60 FR 9958, Feb. 22, 1995]
Sec. 1784.6-2 Resource advisory councils--optional features.
(a) Resource advisory councils must be established consistent with
any 1 of the 3 models in paragraphs (a)(1), (a)(2), and (a)(3) of this
section. The model type and boundaries for resource advisory councils
shall be established by the BLM State Director(s) in consultation with
the Governors of the affected States and other interested parties.
(1) Model A
(i) Council jurisdiction. The geographic jurisdiction of a council
shall coincide with BLM District or ecoregion boundaries. The Governor
of the affected States or existing resource advisory councils may
petition the Secretary to establish a resource advisory council for a
specified Bureau of Land Management resource area. The councils will
provide advice to the Bureau of Land Management official to whom they
report regarding the preparation, amendment and implementation of land
use plans. The councils will also assist in establishing other long-
range plans and resource management priorities in an advisory capacity,
including providing advice on the development of plans for range
improvement or development programs.
(ii) Membership. Each council shall have 15 members, distributed
equally among the 3 interest groups specified in Sec. 1784.6-1(c).
(iii) Quorum and voting requirements. At least 3 council members
from each of the 3 categories of interest from which appointments are
made pursuant to Sec. 1784.6-1(c) must be present to constitute an
official meeting of the council. Formal recommendations shall require
agreement of at least 3 council members from each of the 3 categories of
interest from which appointments are made.
(iv) Subgroups. Local rangeland resource teams may be formed within
the geographical area for which a resource advisory council provides
advice, down to the level of a single allotment. These teams may be
formed by a resource advisory council on its own motion or in response
to a petition by local citizens. Rangeland resource teams will be formed
for the purpose of
[[Page 35]]
providing local level input to the resource advisory council regarding
issues pertaining to the administration of grazing on public land within
the area for which the rangeland resource team is formed.
(A) Rangeland resource teams will consist of 5 members selected by
the resource advisory council. Membership will include 2 persons holding
Federal grazing permits or leases. Additional members will include 1
person representing the public-at-large, 1 person representing a
nationally or regionally recognized environmental organization, and 1
person representing national, regional, or local wildlife or recreation
interests. Persons selected by the council to represent the public-at-
large, environmental, and wildlife or recreation interests may not hold
Federal grazing permits or leases. At least 1 member must be selected
from the membership of the resource advisory council.
(B) The resource advisory council will be required to select
rangeland resource team members from nominees who qualify by virtue of
their knowledge or experience of the lands, resources, and communities
that fall within the area for which the team is formed. All nominations
must be accompanied by letters of recommendation from the groups or
interests to be represented.
(C) All members of rangeland resource teams will attend a course of
instruction in the management of rangeland ecosystems that has been
approved by the BLM State Director. Rangeland resource teams will have
opportunities to raise any matter of concern with the resource advisory
council and to request that BLM form a technical review team, as
described below, to provide information and options to the council for
their consideration.
(D) Technical review teams can be formed by the BLM authorized
officer on the motion of BLM or in response to a request by the resource
advisory council or a rangeland resource team. The purpose of such teams
is to gather and analyze data and develop recommendations to aid the
decisionmaking process, and functions will be limited to tasks assigned
by the authorized officer. Membership will be limited to Federal
employees and paid consultants. Members will be selected based upon
their knowledge of resource management or their familiarity with the
specific issues for which the technical review team has been formed.
Technical review teams will terminate upon completion of the assigned
task.
(2) Model B
(i) Council jurisdiction. The jurisdiction of the council shall be
Statewide, or on an ecoregion basis. The purpose of the council is to
promote federal, state, and local cooperation in the management of
natural resources on public lands, and to coordinate the development of
sound resource management plans and activities with other states. It
will provide an opportunity for meaningful public participation in land
management decisions at the state level and will foster conflict
resolution through open dialogue and collaboration.
(ii) Membership. The council shall have 15 members, distributed
equally among the 3 interest groups specified in Sec. 1784.6-1(c), and
will include at least one representative from wildlife interest groups,
grazing interests, minerals and energy interests, and established
environmental/conservation interests. The Governor shall chair the
council.
(iii) Quorum and voting requirements. The charter of the council
shall specify that 80% or 12 members must be present to constitute a
quorum and conduct official business, and that 80% or 12 members of the
council must vote affirmatively to refer an issue to BLM Federal
officer.
(iv) Subgroups. Local rangeland resource teams may be formed by the
Statewide council, down to the level of a 4th order watershed. Rangeland
resource teams will be formed for the purpose of providing local level
input to the resource advisory council. They will meet at least
quarterly and will promote a decentralized administrative approach,
encourage good stewardship, emphasize coordination and cooperation among
agencies, permittees and the interested public, develop proposed
solutions and management plans for local resources on public lands,
promote renewable rangeland resource values, develop proposed standards
to
[[Page 36]]
address sustainable resource uses and rangeland health, address
renewable rangeland resource values, propose and participate in the
development of area-specific National Environmental Policy Act
documents, and develop range and wildlife education and training
programs. As with the resource advisory council, an 80% affirmative vote
will be required to send a recommendation to the resource advisory
council.
(A) Rangeland resource teams will not exceed 10 members and will
include at least 2 persons from environmental or wildlife groups, 2
grazing permittees, 1 elected official, 1 game and fish district
representative, 2 members of the public or other interest groups, and a
Federal officer from BLM. Members will be appointed for 2 year terms by
the resource advisory council and may be reappointed. No member may
serve on more than 1 rangeland resource team.
(B) Technical review teams can be formed by the BLM authorized
officer on the motion of BLM or in response to a request by the resource
advisory council or a rangeland resource team. The purpose of such teams
is to gather and analyze data and develop recommendations to aid the
decisionmaking process, and functions will be limited to tasks assigned
by the authorized officer. Membership will be limited to Federal
employees and paid consultants. Members will be selected based upon
their knowledge of resource management or their familiarity with the
specific issues for which the technical review team has been formed.
Technical review teams will terminate upon completion of the assigned
task.
(3) Model C
(i) Council jurisdiction. The jurisdiction of the council shall be
on the basis of ecoregion, State, or BLM district boundaries.
(ii) Membership. Membership of the council shall be 10 to 15
members, distributed in a balanced fashion among the 3 interest groups
defined in Sec. 1784.6-1(c).
(iii) Quorum and voting requirements. The charter of each council
shall specify that a majority of each interest group must be present to
constitute a quorum and conduct official business, and that a majority
of each interest group must vote affirmatively to refer an issue to BLM
Federal officer.
(iv) Subgroups. Resource advisory councils may form more local teams
to provide general local level input to the resource advisory council on
issues necessary to the successful functioning of the council. Such
subgroups can be formed in response to a petition from local citizens or
on the motion of the resource advisory council. Membership in any
subgroup formed for the purpose of providing general input to the
resource advisory council on grazing administration should be
constituted in accordance with provisions for membership in Sec. 1784.6-
1(c).
(A) Technical review teams can be formed by the BLM authorized
officer on the motion of BLM or in response to a request by the resource
advisory council or a local team. The purpose of such technical review
teams is to gather and analyze data and develop recommendations to aid
the decisionmaking process, and functions will be limited to tasks
assigned by the authorized officer. Membership will be limited to
Federal employees and paid consultants. Members will be selected based
upon their knowledge of resource management or their familiarity with
the specific issues for which the technical review team has been formed.
Technical review teams will terminate upon completion of the assigned
task.
(B) [Reserved]
[60 FR 9959, Feb. 22, 1995]
Group 1800_Public Administrative Procedures--Table of Contents
PART 1810_INTRODUCTION AND GENERAL GUIDANCE--Table of Contents
Subpart 1810_General Rules
Sec.
1810.1 Rules of construction; words and phrases.
1810.2 Communications by mail; when mailing requirements are met.
1810.3 Effect of laches; authority to bind government.
1810.4 Information required by forms.
[[Page 37]]
Subpart 1812_Qualifications of Practitioners
1812.1 General.
1812.1-1 Regulations governing practice before the Department.
1812.1-2 Inquiries.
Subpart 1815_Disaster Relief
1815.0-3 Authority.
1815.0-5 Definitions.
1815.1 Timber sale contracts.
1815.1-1 Relief granted.
1815.1-2 Applications.
Authority: 43 U.S.C. 1740.
Subpart 1810_General Rules
Source: 35 FR 9513, June 13, 1970, unless otherwise noted.
Sec. 1810.1 Rules of construction; words and phrases.
Except where the context of the regulation or of the Act of the
Congress on which it is based, indicates otherwise, when used in the
regulations of this chapter:
(a) Words importing the singular include and apply to the plural
also;
(b) Words importing the plural include the singular;
(c) Words importing the masculine gender include the feminine as
well;
(d) Words used in the present tense include the future as well as
the present;
(e) The words person and whoever include corporations, companies,
associations, firms, partnerships, societies, and joint stock companies,
as well as individuals;
(f) Officer and authorized officer include any person authorized by
law or by lawful delegation of authority to perform the duties
described;
(g) Signature or subscription includes a mark when the person making
the same intended it as such;
(h) Oath includes affirmation, and sworn includes affirmed;
(i) Writing includes printing and typewriting as well as holographs,
and copies include all types of reproductions on paper, including
photographs, multigraphs, mimeographs and manifolds;
(j) The word company or association, when used in reference to a
corporation, shall be deemed to embrace the words successors and assigns
of such company or association, in like manner as if these last-named
words, or words of similar import, were expressed.
Sec. 1810.2 Communications by mail; when mailing requirements are met.
(a) Where the regulations in this chapter provide for communication
by mail by the authorized officer, the requirement for mailing is met
when the communication, addressed to the addressee at his last address
of record in the appropriate office of the Bureau of Land Management, is
deposited in the mail.
(b) Where the authorized officer uses the mails to send a notice or
other communication to any person entitled to such a communication under
the regulations of this chapter, that person will be deemed to have
received the communication if it was delivered to his last address of
record in the appropriate office of the Bureau of Land Management,
regardless of whether it was in fact received by him. An offer of
delivery which cannot be consummated at such last address of record
because the addressee had moved therefrom without leaving a forwarding
address or because delivery was refused or because no such address
exists will meet the requirements of this section where the attempt to
deliver is substantiated by post office authorities.
Sec. 1810.3 Effect of laches; authority to bind government.
(a) The authority of the United States to enforce a public right or
protect a public interest is not vitiated or lost by acquiescence of its
officers or agents, or by their laches, neglect of duty, failure to act,
or delays in the performance of their duties.
(b) The United States is not bound or estopped by the acts of its
officers or agents when they enter into an arrangement or agreement to
do or cause to be done what the law does not sanction or permit.
(c) Reliance upon information or opinion of any officer, agent or
employee or on records maintained by land offices cannot operate to vest
any right not authorized by law.
[[Page 38]]
Sec. 1810.4 Information required by forms.
Whenever a regulation in this chapter requires a form approved or
prescribed by the Director of the Bureau of Land Management, the
Director may in that form require the submission of any information
which he considers to be necessary for the effective administration of
that regulation.
Subpart 1812_Qualifications of Practitioners
Sec. 1812.1 General.
Sec. 1812.1-1 Regulations governing practice before the Department.
Every individual who wishes to practice before the Department of the
Interior, including the Bureau, must comply with the requirements of
part 1 of this title.
[35 FR 9513, June 13, 1970]
Sec. 1812.1-2 Inquiries.
No person other than officers or employees of the Department of the
Interior shall direct any inquiry to any employee of the Bureau with
respect to any matter pending before it other than to the head of the
unit in which the matter is pending, to a superior officer, or to an
employee of the unit authorized by the unit head to answer inquiries.
[35 FR 9513, June 13, 1970]
Subpart 1815_Disaster Relief
Authority: Sec. 242 (a), (b), Disaster Relief Act of 1970, 84 Stat.
1744.
Source: 36 FR 15534, Aug. 17, 1971, unless otherwise noted.
Sec. 1815.0-3 Authority.
Disaster Relief Act of 1970 (84 Stat. 1744).
Sec. 1815.0-5 Definitions.
Major disaster means any hurricane, tornado, storm, flood, high
water, winddriven water, tidal wave, earthquake, drought, fire, or other
catastrophe in any part of the United States, which, in the
determination of the President, is or threatens to be of sufficient
severity and magnitude to warrant disaster assistance by the Federal
Government to supplement the efforts and available resources of States,
local governments, and relief organizations in alleviating the damage,
loss, hardship, or suffering caused thereby, and with respect to which
the Governor of any State in which such catastrophe occurs or threatens
to occur certifies the need for Federal disaster assistance and gives
assurance of the expenditure of a reasonable amount of the funds of such
State, its local governments, or other agencies for alleviating the
damage, loss, hardship or suffering resulting from such catastrophe.
Sec. 1815.1 Timber sale contracts.
Sec. 1815.1-1 Relief granted.
(a) Where an existing timber sale contract does not provide relief
to the timber purchaser from major physical change, not due to
negligence of the purchaser, prior to approval of construction of any
section of specified road or other specified development facility and,
as a result of a major disaster, a major physical change results in
additional construction work in connection therewith, the United States
will bear a share of the increased construction costs. The United
States' share will be determined by the authorized officer as follows:
(1) For sales of less than 1 million board feet, costs over $1,000;
(2) For sales of from 1 to 3 million board feet, costs over the sum
of $1 per thousand board feet;
(3) For sales of over 3 million board feet, costs over $3,000.
(b) Where the authorized officer determines that the damages caused
by such major physical change are so great that restoration,
reconstruction, or construction is not practical under this cost-sharing
arrangement, he may cancel the timber sale contract notwithstanding any
provisions thereof.
Sec. 1815.1-2 Applications.
(a) Place of filing. The application for relief shall be filed in
the office which issued the contract.
(b) Form of application. No special form of application is
necessary.
[[Page 39]]
(c) Contents of application. (1) The date of issuance of the
contract and any identification number.
(2) The particular disaster and its effect upon contract
performance.
(3) An estimate of the damages suffered.
(4) A statement of the relief requested.
(5) An estimate of time which will be needed to overcome the delay
in performance caused by the disaster.
PART 1820_APPLICATION PROCEDURES--Table of Contents
Subpart 1821_General Information
Sec.
1821.10 Where are BLM offices located?
1821.11 During what hours may I file an application?
1821.12 Are these the only regulations that will apply to my
application or other required document?
1821.13 What if the specific program regulations conflict with these
regulations?
Subpart 1822_Filing a Document with BLM
1822.10 How should my name appear on applications and other required
documents that I submit to BLM?
1822.11 What must I do to make an official filing with BLM?
1822.12 Where do I file my application or other required documents?
1822.13 May I file electronically?
1822.14 What if I try to file a required document on the last day of
the stated period for filing, but the BLM office where it is
to be filed is officially closed all day?
1822.15 If I miss filing a required document or payment within the
specified period, can BLM consider it timely filed anyway?
1822.16 Where do I file an application that involves lands under the
jurisdiction of more than one BLM State Office?
1822.17 When are documents considered filed simultaneously?
1822.18 How does BLM decide in which order to accept documents that are
simultaneously filed?
Subpart 1823_Payments and Refunds
1823.10 How may I make my payments to BLM?
1823.11 What is the authority for BLM issuing a refund of a payment?
1823.12 When and how may I obtain a refund?
1823.13 Is additional documentation needed when a third party requests
a refund?
Subpart 1824_Publication and Posting of Notices
1824.10 What is a publication?
1824.11 How does BLM choose a newspaper in which to publish a notice?
1824.12 How many times must BLM publish a notice?
1824.13 Who pays for publication?
1824.14 Does the claimant or applicant pay for an error by the printer
of the paper in which the notice appears?
1824.15 What does it mean to post a notice?
1824.16 Why must I post a notice?
1824.17 If I must post a notice on the land, what are the requirements?
Subpart 1825_Relinquishments
1825.10 If I relinquish my interest (such as a claim or lease) in
public lands, am I relieved of all further responsibility
associated with that interest?
1825.11 When are relinquishments effective?
1825.12 When does relinquished land become available again for other
application or appropriation?
Authority: 5 U.S.C. 552, 43 U.S.C. 2, 1201, 1733, and 1740.
Source: 64 FR 53215, Oct. 1, 1999, unless otherwise noted.
Subpart 1821_General Information
Sec. 1821.10 Where are BLM offices located?
(a) In addition to the Headquarters Office in Washington, D.C. and
seven national level support and service centers, BLM operates 12 State
Offices each having several subsidiary offices called Field Offices. The
addresses of the State Offices and their respective geographical areas
of jurisdiction are as follows:
State Offices and Areas of Jurisdiction
Alaska State Office, 222 West 7th Avenue, #13, Anchorage, Alaska 99513-
7599--Alaska.
Arizona State Office, One North Central Avenue, Phoenix, Arizona 85004-
2203--Arizona.
California State Office, 2800 Cottage Way, Room W-1834, Sacramento,
California 95825-1886--California.
Colorado State Office, 2850 Youngfield Street, Lakewood, Colorado 80215-
7093-Colorado.
Eastern States Office, 20 M Street SE., Suite 950, Washington, DC
20003--Arkansas, Iowa, Louisiana, Minnesota, Missouri, and all States
east of the Mississippi River.
[[Page 40]]
Idaho State Office, 1387 South Vinnell Way, Boise, Idaho 83709-1657--
Idaho.
Montana State Office, 5001 Southgate Drive, Billings, Montana 59101-
4669--Montana, North Dakota and South Dakota.
Nevada State Office, 1340 Financial Boulevard, Reno, Nevada 89502-7147,
P.O. Box 12000, Reno, Nevada 89520-0006--Nevada.
New Mexico State Office, 310 Dinosaur Trail, Santa Fe, NM 87508, P.O.
Box 27115, Santa Fe, New Mexico 87502-0115--Kansas, New Mexico,
Oklahoma, and Texas.
Oregon/Washington State Office, 1220 SW. 3rd Avenue, Portland, Oregon
97204, P.O. Box 2965, Portland, Oregon 97208--Oregon and Washington.
Utah State Office, 440 West 200 South, Suite 500, Salt Lake City, Utah
84101-1345.
Wyoming State Office, 5353 Yellowstone Road, Cheyenne, Wyoming 82009,
P.O. Box 1828, Cheyenne, Wyoming 82003--Wyoming and Nebraska.
(b) A list of the names, addresses, and geographical areas of
jurisdiction of all Field Offices of the Bureau of Land Management can
be obtained at the above addresses or any office of the Bureau of Land
Management, including the Washington Office, Bureau of Land Management,
1849 C Street, NW, Washington, DC 20240.
[64 FR 53215, Oct. 1, 1999, as amended at 66 FR 28672, May 24, 2001; 67
FR 30329, May 6, 2002; 68 FR 18554, Apr. 16, 2003; 70 FR 45313, Aug. 5,
2005; 70 FR 69688, Nov. 17, 2005; 71 FR 10846, Mar. 3, 2006; 72 FR 6480,
Feb. 12, 2007; 78 FR 35571, June 13, 2013; 78 FR 46527, Aug. 1, 2013; 80
FR 59635, Oct. 2, 2015]
Sec. 1821.11 During what hours may I file an application?
You may file applications or other documents or inspect official
records during BLM office hours. Each BLM office will prominently
display a notice of the hours during which that particular office will
be open. Except for offices which are open periodically, for example,
every Wednesday or the 3rd Wednesday of the month, all offices will be
open Monday through Friday, excluding Federal holidays, at least from 9
a.m. to 3 p.m., local time.
Sec. 1821.12 Are these the only regulations that will apply to my
application or other required document?
No. These general regulations are supplemented by specific program
regulations. You should consult the regulations applying to the specific
program.
Sec. 1821.13 What if the specific program regulations conflict with
these regulations?
If there is a conflict, the specific program regulations will govern
and the conflicting portion of these regulations will not apply.
Subpart 1822_Filing a Document with BLM
Sec. 1822.10 How should my name appear on applications and other
required documents that I submit to BLM?
Your legal name and current address should appear on your
application and other required documents.
Sec. 1822.11 What must I do to make an official filing with BLM?
You must file your application and any other required documents
during regular office hours at the appropriate BLM office having
jurisdiction over the lands or records involved. You must file any
document with BLM through personal delivery or by mailing via the United
States Postal Service or other delivery service, except for those
applications that may be filed electronically under Sec. 1822.13, unless
a more specific regulation or law specifies the mode of delivery. The
date of mailing is not the date of filing.
Sec. 1822.12 Where do I file my application or other required documents?
You should file your application or other required documents at the
BLM office having jurisdiction over the lands or records involved. The
specific BLM office where you are to file your application is usually
referenced in the BLM regulations which pertain to the filing you are
making. If the regulations do not name the specific office, or if you
have questions as to where you should file your application or other
required documents, contact your local BLM office for information and we
will tell you which BLM office to file your application.
Sec. 1822.13 May I file electronically?
For certain types of applications, BLM will accept your electronic
filing if an original signature is not required. If BLM requires your
signature, you must file your application or document
[[Page 41]]
by delivery or by mailing. If you have any questions regarding which
types of applications can be electronically filed, you should check with
the BLM office where you intend to file your application. When you file
an application electronically, it will not be considered filed until BLM
receives it.
Sec. 1822.14 What if I try to file a required document on the last
day of the stated period for filing, but the BLM office where it
is to be filed is officially closed all day?
BLM considers the document timely filed if we receive it in the
office on the next day it is officially open.
Sec. 1822.15 If I miss filing a required document or payment within
the specified period, can BLM consider it timely filed anyway?
BLM may consider it timely filed if:
(a) The law does not prohibit BLM from doing so;
(b) No other BLM regulation prohibits doing so; and
(c) No intervening third party interests or rights have been created
or established during the intervening period.
Sec. 1822.16 Where do I file an application that involves lands under
the jurisdiction of more than one BLM State Office?
You may file your application with any BLM State Office having
jurisdiction over the subject lands. You should consult the regulations
of the particular BLM resource program involved for more specific
information.
Sec. 1822.17 When are documents considered filed simultaneously?
(a) BLM considers two or more documents simultaneously filed when:
(1) They are received at the appropriate BLM office on the same day
and time; or
(2) They are filed in conjunction with an order that specifies that
documents received by the appropriate office during a specified period
of time will be considered as simultaneously filed.
(b) An application or document that arrives at the BLM office where
it is to be filed when the office is closed for the entire day will be
considered as filed on the day and hour the office next officially
opens.
(c) Nothing in this provision will deny any preference right granted
by applicable law or regulation or validate a document which is invalid
under applicable law or regulation.
Sec. 1822.18 How does BLM decide in which order to accept documents
that are simultaneously filed?
BLM makes this decision by a drawing open to the public.
Subpart 1823_Payments and Refunds
Sec. 1823.10 How may I make my payments to BLM?
Unless specific regulations provide otherwise, you may pay by:
(a) United States currency; or
(b) Checks, money orders, or bank drafts made payable to the Bureau
of Land Management; or
(c) Visa or Master Card credit charge, except as specified by
pertinent regulation(s).
Sec. 1823.11 What is the authority for BLM issuing a refund
of a payment?
BLM can issue you a refund under the authority of section 304(c) of
the Federal Land Policy and Management Act, 43 U.S.C. 1734.
Sec. 1823.12 When and how may I obtain a refund?
(a) In making a payment to BLM, if the funds or fees you submitted
to BLM exceed the amount required or if the regulations provide that
fees submitted to BLM must be returned in certain situations, you may be
entitled to a full or partial refund.
(b) If you believe you are due a refund, you may request it from the
BLM office where you previously submitted your payment. You should state
the reasons you believe you are entitled to a refund and include a copy
of the appropriate receipt, canceled check, or other relevant documents.
[[Page 42]]
Sec. 1823.13 Is additional documentation needed when a third party
requests a refund?
Yes. When refund requests are made by heirs, executors,
administrators, assignees, or mortgagees, BLM may require additional
documentation sufficient to establish your entitlement to a refund. If
you are an heir, executor, administrator, assignee or mortgagee, you
should contact the BLM office where you will file your refund
application for information regarding appropriate documentation.
Subpart 1824_Publication and posting of notices
Sec. 1824.10 What is publication?
Publication means publishing a notice announcing an event or a
proposed action in the Federal Register, a local newspaper of
established character and general circulation in the vicinity of the
land affected or other appropriate periodical. BLM's purpose in
publishing or requiring the publication of such information is to advise
you and other interested parties that some action will occur and that
the public is invited either to participate or to comment.
Sec. 1824.11 How does BLM choose a newspaper in which to publish
a notice?
BLM bases its choice of newspapers on their reputation and frequency
and level of circulation in the vicinity of the public or private lands
involved.
Sec. 1824.12 How many times must BLM publish a notice?
The number of times that BLM will publish or cause to be published a
notice depends on the publication requirements for the particular action
involved. You should see the applicable law and the regulations
governing specific BLM resource programs for information on the
requirements for publication for a particular action.
Sec. 1824.13 Who pays for publication?
The cost of publication is the responsibility of the claimant or
applicant.
Sec. 1824.14 Does the claimant or applicant pay for an error by the
printer of the paper in which the notice appears?
No. The claimant or applicant is not responsible for costs involved
in correcting an error by the printer.
Sec. 1824.15 What does it mean to post a notice?
Posting a notice is similar to publishing a notice except that the
notice is displayed at the appropriate BLM office, local courthouse or
similar prominent local government building or on a prominent fixture
such as a building, tree or post located on the particular public lands
involved.
Sec. 1824.16 Why must I post a notice?
The posting of a notice informs those persons who may be interested
in the lands or resources described, who have relevant information to
provide, or who may wish to oppose the proposal.
Sec. 1824.17 If I must post a notice on the land, what are the
requirements?
The posted notice must be visible throughout the time period for
posting specified in the regulations governing the relevant program. BLM
or its regulations may require additional posting, such as in a post
office or city hall. For any additional posting requirements, you should
see applicable Federal and State law, the regulations of the particular
BLM resource program and any additional BLM requirements associated with
your application.
Subpart 1825_Relinquishments
Sec. 1825.10 If I relinquish my interest (such as a claim or lease)
in public lands, am I relieved of all further responsibility
associated with that interest?
No. You are still responsible for fulfilling any regulatory,
statutory, lease, permit and other contractual obligations that apply,
such as performance of reclamation and payment of rentals accruing
before the time of relinquishment. You should see the regulations
relating to the specific BLM resource program involved for more detailed
information.
[[Page 43]]
Sec. 1825.11 When are relinquishments effective?
Generally, BLM considers a relinquishment to be effective when it is
received, along with any required fee, in the BLM office having
jurisdiction of the lands being relinquished. However, the specific
program regulations govern effectiveness of relinquishments.
Sec. 1825.12 When does relinquished land become available again
for other application or appropriation?
Relinquished land may not again become available until BLM notes the
filed relinquishment of an interest on the land records maintained by
the BLM office having jurisdiction over the lands involved. If you have
any questions regarding the availability of a particular tract of land,
you should contact the BLM office having jurisdiction over the lands or
records.
PART 1840_APPEALS PROCEDURES--Table of Contents
Authority: R.S. 2478, as amended; 43 U.S.C. 1201.
Sec. 1840.1 Cross reference.
For special procedural rules applicable to appeals from decisions of
Bureau of Land Management officers or of administrative law judges,
within the jurisdiction of the Board of Land Appeals, Office of Hearings
and Appeals, see subpart E of part 4 of this title. Subpart A of part 4
and all of the general rules in subpart B of part 4 of this title not
inconsistent with the special rules in subpart E of part 4 of this title
are also applicable to such appeals procedures.
[36 FR 15119, Aug. 13, 1971]
PART 1850_HEARINGS PROCEDURES--Table of Contents
Subpart 1850_Hearing Procedures; General
Authority: R.S. 2478, as amended; 43 U.S.C. 1201.
Sec. 1850.1 Cross reference.
For special procedural rules applicable to hearings in public lands
cases, including hearings under the Federal Range Code for Grazing
Districts and hearings in both Government and private contest
proceedings, within the jurisdiction of the Board of Land Appeals,
Office of Hearings and Appeals, see subpart E of part 4 of this title.
Subpart A of part 4 and all of the general rules in subpart B of part 4
of this title not inconsistent with the special rules in subpart E of
part 4 of this title are also applicable to such hearings, contest, and
protest procedures.
[36 FR 15119, Aug. 13, 1971]
PART 1860_CONVEYANCES, DISCLAIMERS AND CORRECTION DOCUMENTS
--Table of Contents
Subpart 1862 [Reserved]
Subpart 1863_Other Title Conveyances
Sec.
1863.5 Title transfer to the Government.
1863.5-1 Evidence of title.
Subpart 1864_Recordable Disclaimers of Interest in Land
1864.0-1 Purpose.
1864.0-2 Objectives.
1864.0-3 Authority.
1864.0-5 Definitions.
1864.1 Application for issuance of a document of disclaimer.
1864.1-1 Filing of application.
1864.1-2 Form of application.
1864.1-3 Action on application.
1864.1-4 Consultation with other Federal agencies.
1864.2 Decision on application.
1864.3 Issuance of document of disclaimer.
1864.4 Appeals.
Subpart 1865_Correction of Conveyancing Documents
1865.0-1 Purpose.
1865.0-2 Objective.
1865.0-3 Authority.
1865.0-5 Definitions.
1865.1 Application for correction of conveyancing documents.
1865.1-1 Filing of application.
1865.1-2 Form of application.
1865.1-3 Action on application.
1865.2 Issuance of corrected patent or document of conveyance.
1865.3 Issuance of patent or document of conveyance on motion of
authorized officer.
1865.4 Appeals.
[[Page 44]]
Subpart 1862 [Reserved]
Subpart 1863_Other Title Conveyances
Authority: R.S. 2478; 43 U.S.C. 1201.
Sec. 1863.5 Title transfer to the Government.
Sec. 1863.5-1 Evidence of title.
Evidence of title, when required by the regulations, must be
submitted in such form and by such abstracter or company as may be
satisfactory to the Bureau of Land Management. A policy of title
insurance, or a certificate of title, may be accepted in lieu of an
abstract, in proper cases, when issued by a title company. A policy of
title insurance when furnished must be free from conditions and
stipulations not acceptable to the Department of the Interior. A
certificate of title will be accepted only where the certificate is made
to the Government, or expressly for its benefit and where the interests
of the Government will be sufficiently protected thereby.
[35 FR 9533, June 13, 1970]
Cross Reference: For evidence of title in mining cases, see
Sec. 3862.1-3 of this chapter.
Subpart 1864_Recordable Disclaimers of Interest in Land
Source: 49 FR 35297, Sept. 6, 1984, unless otherwise noted.
Authority: 43 U.S.C. 1201, 1740, and 1745.
Sec. 1864.0-1 Purpose.
The Secretary of the Interior has been granted discretionary
authority by section 315 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1745) to issue recordable disclaimers of interests in
lands. In general, a disclaimer may be issued if the disclaimer will
help remove a cloud on the title to lands and there is a determination
that such lands are not lands of the United States or that the United
States does not hold a valid interest in the lands. These regulations
implement this statutory authority of the Secretary.
Sec. 1864.0-2 Objectives.
(a) The objective of the disclaimer is to eliminate the necessity
for court action or private legislation in those instances where the
United States asserts no ownership or record interest, based upon a
determination by the Secretary of the Interior that there is a cloud on
the title to the lands, attributable to the United States, and that:
(1) A record interest of the United States in lands has terminated
by operation of law or is otherwise invalid; or
(2) The lands lying between the meander line shown on a plat of
survey approved by the Bureau of Land Management or its predecessors and
the actual shoreline of a body of water are not lands of the United
States; or
(3) Accreted, relicted, or avulsed lands are not lands of the United
States.
(b) A disclaimer has the same effect as a quitclaim deed in that it
operates to estop the United States from asserting a claim to an
interest in or the ownership of lands that are being disclaimed.
However, a disclaimer does not grant, convey, transfer, remise,
quitclaim, release or renounce any title or interest in lands, nor does
it operate to release or discharge any tax, judgement or other lien, or
any other mortgage, deed or trust or other security interest in lands
that are held by or for the benefit of the United States or any
instrumentality of the United States.
(c) The regulations in this subpart do not apply to any disclaimer,
release, quitclaim or other similar instrument or declaration, that may
be issued pursuant to any provision of law other than section 315 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1745).
Sec. 1864.0-3 Authority.
Section 315 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1745), authorizes the Secretary of the Interior to issue a
recordable disclaimer, where the disclaimer will help remove a cloud on
the title of such lands, if certain determinations are made and
conditions are met.
Sec. 1864.0-5 Definitions.
As used in this subpart, the term:
[[Page 45]]
(a) Authorized officer means any employee of the Bureau of Land
Management who has been delegated the authority to perform the duties
described in this subpart.
(b) Accreted lands have the meaning imparted to them by applicable
law. In general, they are lands that have been gradually and
imperceptibly formed along the banks of a body of water by deposition of
water-borne soil.
(c) Avulsed lands have the meaning imparted to them by applicable
law. In general, they are lands that have been uncovered by a relatively
sudden change in alignment of the channel of a river, or by a comparable
change in some other body of water, or that remain as uplands following
such a change, or that are located in the bed of the new channel.
(d) Actual shoreline means the line which is washed by the water
wherever it covers the bed of a body of water at its mean high water
level.
(e) Lands means lands and interests in lands now or formerly forming
a part of the reserved or unreserved public lands of the contiguous 48
States and Alaska and as to any coastal State, includes submerged lands
inside of the seaward boundary of the State.
(f) Meander line means a survey line established for the purpose of
representing the location of the actual shoreline of a permanent natural
body of water, without showing all the details of its windings and
irregularities. A meander line rarely runs straight for any substantial
distance. It is established not as a boundary line but in order to
permit calculation of the quantity of lands in the fractional sections
remaining after segregation of the water area.
(g) Relicted lands have the meaning imparted that term by applicable
law. In general, they are lands gradually uncovered when water recedes
permanently.
(h) State means ``the state and any of its creations including any
governmental instrumentality within a state, including cities, counties,
or other official local governmental entities.''
[49 FR 35299, Sept. 6, 1984, as amended at 68 FR 502, Jan. 6, 2003]
Sec. 1864.1 Application for issuance of a document of disclaimer.
Sec. 1864.1-1 Filing of application.
(a) Any entity claiming title to lands may file an application to
have a disclaimer of interest issued if there is reason to believe that
a cloud exists on the title to the lands as a result of a claim or
potential claim of the United States and that such lands are not subject
to any valid claim of the United States.
(b) Before you actually file an application you should meet with BLM
to determine if the regulations in this subpart apply to you.
(c) You must file your application for a disclaimer of interest with
the proper BLM office as listed in Sec. 1821.10 of this title.
[68 FR 502, Jan. 6, 2003]
Sec. 1864.1-2 Form of application.
(a) No specific form of application is required.
(b) A nonrefundable fee of $100 shall accompany the application.
(c) Each application shall include:
(1) A legal description of the lands for which a disclaimer is
sought. The legal description shall be based on either an official
United States public land survey or, in the absence of or
inappropriateness (irregularly shaped tracts) of an offical public land
survey, a metes and bounds survey (whenever practicable, tied to the
nearest corner of an official public land survey), duly certified in
accordance with State law, by the licensed civil engineer or surveyor
who executed or supervised the execution of the metes and bounds survey.
A true copy of the field notes and plat of survey shall be attached to
and made a part of the application. If reliance is placed in whole or in
part on an official United States public land survey, such survey shall
be adequately identified for record retrieval purposes;
(2) The applicant's name, mailing address, and telephone number and
the names addresses and telephone numbers of others known or believed to
have or claim an interest in the lands;
(3) All documents which show to the satisfaction of the authorized
officer the applicant's title to the lands;
[[Page 46]]
(4) As complete a statement as possible concerning:
(i) The nature and extent of the cloud on the title, and
(ii) The reasons the applicant believes:
(A) The record title interest of the United States in the lands
included in the application has terminated by operation of law or is
otherwise invalid, including a copy or legal citation of relevant
provisions of law; or
(B) The lands between the meander line shown on the plat of survey
approved by the Bureau of Land Management or its predecessors and the
actual shoreline of a body of water are not lands of the United States,
including as documentation an official plat of survey or a reference to
a date of filing or approval and, if the applicant elects, any non-
Federal survey plats related to the issue; or
(C) The lands are accreted, relicted or avulsed and are no longer
lands of the United States, including submission for the uplands portion
of the body of water affected a copy of an official plat of survey or a
reference to it by date of filing or approval and, if the applicant
elects, any non-Federal survey plats related to the issue;
(5) Any available documents or title evidence, such as historical
and current maps, photographs, and water movement data, that support the
application;
(6) The name, mailing address, and telephone number of any known
adverse claimant or occupant of the lands included in the application;
(7) Any request the applicant may have that the disclaimer be issued
in a particular form suitable for use in the jurisdiction in which it
will be recorded; and
(d) Based on prior discussions with the applicant, the authorized
officer may waive any or all of the aforementioned items if in his/her
opinion they are not needed to properly adjudicate that application.
Sec. 1864.1-3 Action on application.
(a) BLM will not approve an application, except for applications
filed by a state, if more than 12 years have elapsed since the applicant
knew, or should have known, of the claim of the United States.
(b) BLM will not approve an application if:
(1) The application pertains to a security interest or water rights;
or
(2) The application pertains to trust or restricted Indian lands.
(c) BLM will, if the application meets the requirements for further
processing, determine the amount of deposit we need to cover the
administrative costs of processing the application and issuing a
disclaimer.
(d) The applicant must submit a deposit in the amount BLM
determines.
(e) If the application includes what may be omitted lands, BLM will
process it in accordance with the applicable provisions of part 9180 of
this title. If BLM determines the application involves omitted lands,
BLM will notify the applicant in writing.
[68 FR 502, Jan. 6, 2003]
Sec. 1864.1-4 Consultation with other Federal agencies.
BLM will not issue a recordable disclaimer of interest over the
valid objection of another land managing agency having administrative
jurisdiction over the affected lands. A valid objection must present a
sustainable rationale that the objecting agency claims United States
title to the lands for which a recordable disclaimer is sought.
[68 FR 503, Jan. 6, 2003]
Sec. 1864.2 Decision on application.
(a) The authorized officer shall notify the applicant and any party
adverse to the application, in writing, on the determination of the
authorized officer on whether or not to issue a disclaimer. Prior to
such notification, the authorized officer shall issue to the applicant a
billing that includes a full and complete statement of the cost incurred
in reaching such determination, including any sum due the United States
or that may be unexpended from the deposit made by the applicant. If the
administrative costs exceed the amount of the deposit required of the
applicant under this subpart, the applicant shall be informed that a
payment is required for the difference between
[[Page 47]]
the actual costs and the deposit. The notification shall also require
that payment be made within 120 days from the date of mailing of the
notice. If the deposit exceeds the administrative costs of issuing the
disclaimer, the applicant shall be informed that a credit for or a
refund of the excess will be made. Failure to pay the required amount
within the allotted time shall constitute grounds for rejection of the
application. Before the authorized officer makes a determination to
issue a disclaimer, he/she shall publish notice of the application,
including the grounds supporting it, in the Federal Register.
Publication in the Federal Register shall be made at least 90 days
preceding the issuance of a decision on the disclaimer. Notice shall be
published in a newspaper located in the vicinity of the lands covered by
the application once a week for 3 consecutive weeks during the 90-day
period set out herein. Neither publication shall be made until the
applicant has paid the administrative costs.
Sec. 1864.3 Issuance of document of disclaimer.
Upon receipt of the payment required by Secs. 1864.1-2(b), 1864.1-
3(c) and 1864.2 of this title and following, by not less than 90 days,
the publication required by Sec. 1864.2 of this title, the authorized
officer shall make a decision upon the application, and if the
application is allowed, shall issued to the applicant an instrument of
disclaimer.
Sec. 1864.4 Appeals.
An applicant or claimant adversely affected by a written decision of
the authorized officer made pursuant to the provisions of this subpart
shall have a right of appeal pursuant to 43 CFR part 4.
Subpart 1865_Correction of Conveyancing Documents
Source: 49 FR 35299, Sept. 6, 1984, unless otherwise noted.
Sec. 1865.0-1 Purpose.
The purpose of these regulations is to implement section 316 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1746), which
affords to the Secretary of the Interior discretionary authority to
correct errors in patents and other documents of conveyance pertaining
to the disposal of the public lands of the United States under laws
administered through the Bureau of Land Management or its predecessors.
Sec. 1865.0-2 Objective.
The objective of a correction document is to eliminate from the
chain of title errors in patents or other documents of conveyance that
have been issued by the United States under laws administered by the
Bureau of Land Management or its predecessors and that pertain to the
disposal of the public lands or of an interest therein.
Sec. 1865.0-3 Authority.
Section 316 of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1746) authorizes the Secretary of the Interior to correct
patents and other documents of conveyance issued at any time pursuant to
the laws relating to the disposal of the public lands where the
Secretary of the Interior deems it necessary or appropriate to do so in
order to eliminate errors.
Sec. 1865.0-5 Definitions.
As used in this subpart, the term:
(a) Authorized officer means any employee of the Bureau of Land
Management to whom has been delegated the authority to perform the
duties described in this subpart.
(b) Error means the inclusion of erroneous descriptions, terms,
conditions, covenants, reservations, provisions and names or the
omission of requisite descriptions, terms, conditions, covenants,
reservations, provisions and names either in their entirety or in part,
in a patent or document of conveyance as a result of factual error. This
term is limited to mistakes of fact and not of law.
(c) Patents or other documents of conveyance means a land patent, a
deed or some other similar instrument in the chain of title to realty
that has been issued by the United States under laws administered by the
Bureau of Land Management or its predecessors pertaining to the disposal
of the public
[[Page 48]]
lands of the United States or of an interest therein. It also includes
interim conveyances issued under the Alaska Native Claims Settlement
Act, as amended (43 U.S.C. 1601 et seq.), and approvals and tentative
approvals issued under the Act of July 7, 1958, as amended (72 Stat.
339).
(d) Lands mean lands or interest in lands.
Sec. 1865.1 Application for correction of conveyancing documents.
Sec. 1865.1-1 Filing of application.
(a) Any claimant asserting ownership of lands described in and based
upon a patent or other document of conveyance containing an alleged
error may file an application to correct the alleged error.
(b) An application shall be filed in writing with the proper Bureau
of Land Management office as listed in Sec. 1821.2-1(d) of this title.
Sec. 1865.1-2 Form of application.
(a) No specific form of application is required.
(b) A non-refundable fee of $100 shall accompany the application.
(c) Each application shall include:
(1) The name, mailing address, and telephone number of the applicant
and any others known to the applicant that hold or purport to hold any
title or other interest in, lien on or claim to the lands described in
the patent or other document of conveyance containing the alleged error
as to which the corrective action is requested, and if the error
involves a misdescription, the land that would be affected by the
corrective action requested;
(2) All documents which show the applicant's title to the lands
included in the application;
(3) A certified copy of any patent or other document conveying any
lands included in the application to the applicant or predecessor(s) in
interest; and
(4) As complete a statement as possible concerning:
(i) The nature and extent of the error;
(ii) The manner in which the error can be corrected or eliminated;
and
(iii) The form in which it is recommended the corrected patent or
document of conveyance be issued.
Sec. 1865.1-3 Action on application.
The authorized officer, upon review of the factual data and
information submitted with the application, and upon a finding that an
error was made in the patent or document of conveyance and that the
requested relief is warranted and appropriate, shall give written
notification to the applicant and make a reasonable effort to give
written notification to any others known to have or believed to have or
claim an interest in the lands that a corrected patent or document of
conveyance shall be issued. The notification shall include a description
of how the error is to be corrected or eliminated in the patent or
document of conveyance. The notice shall require the applicant to
surrender the original patent or other document of conveyance to be
corrected. Where such original document is unavailable, a statement
setting forth the reasons for its unavailability shall be submitted in
lieu of the original document. The notice may include a requirement for
quitclaiming to the United States the lands erroneously included, and
shall specify any terms and conditions required for the quitclaim.
Sec. 1865.2 Issuance of corrected patent or document of conveyance.
Upon the authorized officer's determination that all of the
requirements of the Act for issuance of a corrected patent or document
of conveyance have been met, the authorized officer shall issue a
corrected patent or document of conveyance.
Sec. 1865.3 Issuance of patent or document of conveyance on motion
of authorized officer.
The authorized officer may initiate and make corrections in patents
or other documents of conveyance on his/her own motion, if all existing
owners agree.
Sec. 1865.4 Appeals.
An applicant or claimant adversely affected by a decision of the
authorized officer made pursuant to the provisions
[[Page 49]]
of this subpart shall have a right of appeal pursuant to 43 CFR part 4.
PART 1870_ADJUDICATION PRINCIPLES AND PROCEDURES--Table of Contents
Subpart 1871_Principles
Sec.
1871.0-3 Authority.
1871.1 Equitable adjudication.
1871.1-1 Cases subject to equitable adjudication.
Authority: R.S. 2450; 43 U.S.C. 1161.
Source: 35 FR 9533, June 13, 1970, unless otherwise noted.
Subpart 1871_Principles
Sec. 1871.0-3 Authority.
The Act of September 20, 1922 (42 Stat. 857; 43 U.S.C. 1161-1163),
as modified by section 403 of Reorganization Plan No. 3 of 1946 (60
Stat. 1100), reads as follows:
Sec. 1161. The Secretary of the Interior, or such officer as he may
designate, is authorized to decide upon principles of equity and
justice, as recognized in courts of equity, and in accordance with
regulations to be approved by the Secretary of the Interior,
consistently with such principles, all cases of suspended entries of
public lands and of suspended preemption land claims, and to adjudge in
what cases patents shall issue upon the same.
Sec. 1162. Every such adjudication shall be approved by the
Secretary of the Interior and shall operate only to divest the United
States of the title to the land embraced thereby, without prejudice to
the rights of conflicting claimants.
Sec. 1163. Where patents have been already issued on entries which
are approved by the Secretary of the Interior, the Secretary of the
Interior, or such officer as he may designate, upon the canceling of the
outstanding patent, is authorized to issue a new patent, on such
approval, to the person who made the entry, his heirs or assigns.
Sec. 1871.1 Equitable adjudication.
Sec. 1871.1-1 Cases subject to equitable adjudication.
The cases subject to equitable adjudication by the Director, Bureau
of Land Management, cover the following:
(a) Substantial compliance: All classes of entries in connection
with which the law has been substantially complied with and legal notice
given, but the necessary citizenship status not acquired, sufficient
proof not submitted, or full compliance with law not effected within the
period authorized by law, or where the final proof testimony, or
affidavits of the entryman or claimant were executed before an officer
duly authorized to administer oaths but outside the county or land
district, in which the land is situated, and special cases deemed proper
by the Director, Bureau of Land Management, where the error or
informality is satisfactorily explained as being the result of
ignorance, mistake, or some obstacle over which the party had no
control, or any other sufficient reason not indicating bad faith there
being no lawful adverse claim.
PART 1880_FINANCIAL ASSISTANCE, LOCAL GOVERNMENTS--Table of Contents
Subpart 1882_Mineral Development Impact Relief Loans
Sec.
1882.0-1 Purpose.
1882.0-2 Objective.
1882.0-3 Authority.
1882.0-5 Definitions.
1882.1 Loan fund, general.
1882.2 Qualifications.
1882.3 Application procedures.
1882.4 Allocation of funds.
1882.5 Terms and conditions.
1882.5-1 Tenure of loan.
1882.5-2 Interest rate.
1882.5-3 Limitation on amount of loans.
1882.5-4 Loan repayment.
1882.5-5 Security for a loan.
1882.5-6 Use of loan.
1882.5-7 Nondiscrimination.
1882.5-8 Additional terms and conditions.
1882.6 Loan renegotiation.
1882.7 Inspection and audit.
Subpart 1882_Mineral Development Impact Relief Loans
Authority: Sec. 317(c), Federal Land Policy and Management Act of
1976, as amended (43 U.S.C. 1740) (90 Stat. 2767).
Source: 43 FR 57887, Dec. 11, 1978, unless otherwise noted.
Sec. 1882.0-1 Purpose.
The purpose of this subpart is to establish procedures to be
followed in the implementation of a program under section 317 of the
Federal Land Policy
[[Page 50]]
and Management Act to make loans to qualified States and their political
subdivisions.
Sec. 1882.0-2 Objective.
The objective of the program is to provide financial relief through
loans to those States and their political subdivisions that are
experiencing adverse social and economic impacts as a result of the
development of Federal mineral deposits leased under the provisions of
the Act of February 25, 1920, as amended.
Sec. 1882.0-3 Authority.
Section 317(c) of the Federal Land Policy and Management Act of
1976, as amended (43 U.S.C. 1744), authorizes the Secretary of the
Interior to make loans to States and their political subdivisions to
relieve social or economic impacts resulting from the development of
Federal minerals leased under the Act of February 25, 1920 (30 U.S.C.
181 et seq.).
Sec. 1882.0-5 Definitions.
As used in this subpart, the term:
(a) Secretary means the Secretary of the Interior.
(b) Director means the Director, Bureau of Land Management.
(c) Act means the Act of February 25, 1920, as amended (30 U.S.C.
181).
Sec. 1882.1 Loan fund, general.
Funds appropriated by Congress for loans for relief of adverse
social and economic impacts resulting from the development of Federal
mineral deposits leased and developed under the Act may be loaned to
those States and their political subdivisions who qualify under this
subpart. Such loans may be used for: (a) Planning, (b) construction and
maintenance of public facilities, and (c) provisions for public
services.
Sec. 1882.2 Qualifications.
(a) Any State receiving payments from the Federal Government under
the provisions of section 35 of the Act or any political subdivision of
such a State that can document to the satisfaction of the Director that
it has suffered or will suffer adverse social and economic impacts as a
result of the leasing and development of Federal mineral deposits under
the provisions of the Act shall be considered qualified to receive loans
made under this subpart.
(b) A loan to a qualified political subdivision of a State receiving
payment from the Federal Government under the provisions of section 35
of the Act shall be conditioned upon a showing of proof, satisfactory to
the Director, by the political subdivision that it has legal authority
to pledge funds payable to the State under section 35 of the Act in
sufficient amounts to secure the payment of the loan.
Sec. 1882.3 Application procedures.
No later than October 1 of the fiscal year in which a loan is to be
made, the State or its political subdivision shall submit to the
Director a letter signed by the authorized agent requesting a loan. The
authorized agent shall furnish proof of authority to act for the State
or political subdivision with the application. Such letter shall
constitute a formal application for a loan under this subpart and shall
contain the following:
(a) The name of the State or political subdivision requesting the
loan.
(b) The amount of the loan requested.
(c) The name, address, and position of the person in the State or
political subdivision who is to serve as contact on all matters
concerning the loan.
(d) A description and documentation of the adverse social and
economic impacts suffered as a result of the leasing and development of
Federal mineral deposits.
(e) An analysis and documentation of the additional expenses
generated as a result of the leasing and development of Federal
minerals.
(f) Proposed uses of the funds derived from the loan.
(g) Evidence that the loan and repayment provisions are authorized
by State law.
(h) The Director may request any additional information from the
applicant that is needed to properly act on the loan application. The
applicant shall furnish such additional information in any form
acceptable to the applicant and the Director. No loan shall
[[Page 51]]
be granted unless such additional information is timely received by the
Director.
Sec. 1882.4 Allocation of funds.
If applications for loans exceed the funds appropriated for such
purpose, loans shall be allocated among the States and their political
subdivisions in a fair and equitable manner, after consultation with the
Governors of the affected States, giving priority to those States and
political subdivisions suffering the most severe social and economic
impacts. The allocation of funds under this section shall be the final
action of the Department of the Interior.
Sec. 1882.5 Terms and conditions.
Sec. 1882.5-1 Tenure of loan.
Loans shall be for a period not to exceed 10 years. Loan documents
shall include a schedule of repayment showing the amount of the
principal and interest due on each installment.
Sec. 1882.5-2 Interest rate.
Loans shall bear interest at a rate equivalent to the lowest
interest rate paid on an issue of at least $1 million of bonds exempt
from Federal taxes of the applicant State or any agency thereof within
the calendar year immediately preceding the year of the loan. Proof of
each rate shall be furnished by an applicant with its application.
Sec. 1882.5-3 Limitation on amount of loans.
Total outstanding loans under this program for qualified States or
their political subdivisions shall not exceed the total amount of the
qualified State's projected mineral revenues under the Act for the 10
years following. The total outstanding loans shall be the sum of the
unpaid balance on all such loans made to a qualified State and all of
its qualified political subdivisions.
Sec. 1882.5-4 Loan repayment.
Loan repayment shall be by withholding mineral revenues payable to
the qualified State for itself or its political subdivisions under the
Act until the full amount of the loan and interest have been recovered.
Sec. 1882.5-5 Security for a loan.
The only security for loans made under this subpart shall be the
mineral revenues received by a qualified State or its political
subdivisions under the Act. Loans made under this subpart shall not
constitute an obligation upon the general property or taxing authority
of the qualified recipient.
Sec. 1882.5-6 Use of loan.
A loan made under this subpart may be used for the non-Federal share
of the aggregate cost of any project or program otherwise funded by the
Federal Government which requires a non-Federal share for such project
or program and which provides planning or public facilities otherwise
eligible for assistance under the Act.
Sec. 1882.5-7 Nondiscrimination.
No person shall, on the grounds of race, color, religion, national
origin or sex be excluded from participation in, be denied the benefits
of or be subjected to discrimination under any program or activity
funded in whole or part with funds made available under this subpart.
Sec. 1882.5-8 Additional terms and conditions.
The Director may impose any terms and conditions that he determines
necessary to assure the achievement of the purpose of the loans made
under this subsection.
Sec. 1882.6 Loan renegotiation.
The Secretary may, upon application of a qualified State or one of
its qualified political subdivisions, take any steps he determines
necessary and justified by the failure of anticipated mineral
development or related revenues to materialize as expected when the loan
was made under this subpart to renegotiate the loan, including
restructuring of the loan. All applications submitted under this section
shall set forth in detail the basis for the renegotiation of the loan.
The renegotiated loan shall meet the requirements of this subpart to the
extent possible.
[[Page 52]]
Sec. 1882.7 Inspection and audit.
Upon receipt of a loan under this subpart, the grantee of the loan
shall establish accounts and related records necessary to record the
transactions relating to receipt and disposition of such loan. These
accounts and related records shall be sufficiently detailed to provide
an adequate inspection and audit by the Secretary and the Comptroller
General of the United States. The loan funds shall not be commingled
with other funds of the recipient.
[[Page 53]]
SUBCHAPTER B_LAND RESOURCE MANAGEMENT (2000)
Group 2000_Land Resource Management; General--Table of Contents
PART 2090_SPECIAL LAWS AND RULES--Table of Contents
Subpart 2091_Segregation and Opening of Lands
Sec.
2091.0-1 Purpose.
2091.0-3 Authority.
2091.0-5 Definitions.
2091.0-7 Principles.
2091.1 Action on applications and mining claims.
2091.2 Segregation and opening resulting from publication of a Notice
of Realty Action.
2091.2-1 Segregation.
2091.2-2 Opening.
2091.3 Segregation and opening resulting from a proposal or
application.
2091.3-1 Segregation.
2091.3-2 Opening.
2091.4 Segregation and opening resulting from the allowance of entries,
leases, grants or contracts.
2091.4-1 Segregation and opening: Desert-land entries and Indian
allotments.
2091.4-2 Segregation and opening: Airport leases and grants.
2091.4-3 Segregation and opening: Carey Act.
2091.5 Withdrawals.
2091.5-1 Segregation of lands resulting from withdrawal applications
filed on or after October 21, 1976.
2091.5-2 Segregation of lands resulting from withdrawal applications
filed prior to October 21, 1976.
2091.5-3 Segregative effect and opening: Emergency withdrawals.
2091.5-4 Segregative effect and opening: Water power withdrawals.
2091.5-5 Segregative effect and opening: Federal Power Act withdrawals.
2091.5-6 Congressional withdrawals and opening of lands.
2091.6 Opening of withdrawn lands: General.
2091.7 Segregation and opening of lands classified for a specific use.
2091.7-1 Segregative effect and opening: Classifications.
2091.7-2 Segregative effect and opening: Taylor Grazing Act.
2091.8 Status of gift lands.
2091.9 Segregation and opening resulting from laws specific to Alaska.
2091.9-1 Alaska Native selections.
2091.9-2 Selections by the State of Alaska.
2091.9-3 Lands in Alaska under grazing lease.
Subpart 2094_Special Resource Values; Shore Space
2094.0-3 Authority.
2094.0-5 Definitions.
2094.1 Methods of measuring; restrictions.
2094.2 Waiver of 160-rod limitation.
Authority: 43 U.S.C. 1740.
Subpart 2091_Segregation and Opening of Lands
Source: 52 FR 12175, Apr. 15, 1987, unless otherwise noted.
Sec. 2091.0-1 Purpose.
The purpose of this subpart is to provide a general restatement of
the regulatory provisions in title 43 of the Code of Federal Regulations
dealing with the segregation and opening of public lands administered by
the Secretary of the Interior through the Bureau of Land Management and
summarize the existing procedures covering opening and closing of lands
as they relate to the filing of applications. The provisions of this
subpart do not replace or supersede any provisions of title 43 covering
opening and closing of public lands.
Sec. 2091.0-3 Authority.
Section 2478 of the Revised Statutes (43 U.S.C. 1201), sections 2275
and 2276 of the Revised Statutes (43 U.S.C. 851, 852), the Recreation
and Public Purposes Act, as amended (43 U.S.C. 869 et seq.), section 4
of the Act of August 18, 1894, as amended (43 U.S.C. 641 et seq.), the
Act of March 3, 1877 (43 U.S.C. 321-323), as amended by the Act of March
3, 1891 (43 U.S.C. 231, 321, 323, 325, 327-329), section 4 of the
General Allotment Act of February 8, 1887 (25 U.S.C. 334), as amended by
the Act of February 28, 1891 (26 Stat. 794) and section 17 of the Act of
June 25 1910 (25 U.S.C. 336), the Act of March 20, 1922, as amended (16
U.S.C. 485), the Act of July 7, 1958 (72 Stat. 339-340), the Act of
January 21, 1929, as supplemented (43 U.S.C. 852 Note), section 24 of
the Federal Power
[[Page 54]]
Act, as amended (16 U.S.C. 818), section 7 of the Act of June 28, 1934,
as amended (43 U.S.C. 315f), the Alaska Native Claims Settlement Act, as
amended (43 U.S.C. 1601 et seq.), the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3101 et seq.) and the Federal Land Policy
and Management Act of 1976, as amended, (43 U.S.C. 1701 et seq.).
[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993]
Sec. 2091.0-5 Definitions.
As used in this subpart, the term:
(a) Authorized officer means any employee of the Bureau of Land
Management who has been delegated the authority to perform the duties
described in this subpart.
(b) Segregation means the removal for a limited period, subject to
valid existing rights, of a specified area of the public lands from the
operation of some or all of the public land laws, including the mineral
laws, pursuant to the exercise by the Secretary of regulatory authority
for the orderly administration of the public lands.
(c) Land or public lands means any lands or interest in lands owned
by the United States within the several States and administered by the
Secretary of the Interior through the Bureau of Land Management, without
regard to how the United States acquired ownership, except: (1) Lands
located on the Outer Continental Shelf; and (2) lands held for the
benefit of Indians, Aleuts and Eskimos.
(d) Mineral laws means those laws applicable to the mineral
resources administered by the Bureau of Land Management. They include,
but are not limited to, the mining laws, the mineral leasing laws, the
material disposal laws and the Geothermal Steam Act.
(e) Public lands records means the Tract Books, Master Title Plats
and Historical Indices maintained by the Bureau of Land Management, or
automated representation of these books, plats and indices on which are
recorded information relating to the status and availability of the
public lands. The recorded information may include, but is not limited
to, withdrawals, restorations, reservations, openings, classifications
applications, segregations, leases, permits and disposals.
(f) Opening means the restoration of a specified area of public
lands to operation of the public land laws, including the mining laws,
and, if appropriate, the mineral leasing laws, the material disposal
laws and the Geothermal Steam Act, subject to valid existing rights and
the terms and provisions of existing withdrawals, reservations,
classifications, and management decisions. Depending on the language in
the opening order, an opening may restore the lands to the operation of
all or some of the public land laws.
(g) Opening order means an order issued by the Secretary or the
authorized officer and published in the Federal Register that describes
the lands, the extent to which they are restored to operation of the
public land laws and the mineral laws, and the date and time they are
available for application, selection, sale, location, entry, claim or
settlement under those laws.
(h) Public land laws means that body of laws dealing with the
administration, use and disposition of the public lands, but does not
include the mineral laws.
(i) Revocation means the cancellation of a Public Land Order, but
does not restore public lands to operation of the public land laws.
(j) Secretary means the Secretary of the Interior or a secretarial
officer subordinate to the Secretary who has been appointed by the
President with the advice and consent of the Senate, and to whom has
been delegated the authority of the Secretary to perform the duties
described in this part as being performed by the Secretary.
Sec. 2091.07 Principles.
(a) Generally, segregated lands are not available for application,
selection, sale, location, entry, claim or settlement under the public
land laws, including the mining laws, but may be open to the operation
of the discretionary mineral leasing laws, the material disposal laws
and the Geothermal Steam Act, if so specified in the document that
segregates the lands. The segregation is subject to valid existing
[[Page 55]]
rights and is, in most cases, for a limited period which is specified in
regulations or in the document that segregates the lands. Where there is
an administrative appeal or review action on an application pursuant to
part 4 or other subparts of this title, the segregative period continues
in effect until publication of an opening order.
(b) Opening orders may be issued at any time but are required when
the opening date is not specified in the document creating the
segregation, or when an action is taken to terminate the segregative
effect and open the lands prior to the specified opening date.
Sec. 2091.1 Action on applications and mining claims.
(a) Except where the law and regulations provide otherwise, all
applications shall be accepted for filing. However, applications which
are accepted for filing shall be rejected and cannot be held pending
possible future availability of the lands or interests in lands, except
those that apply to selections made by the State of Alaska under section
906(e) of the Alaska National Interest Land Conservation Act and
selections made by Alaska Native Corporations under section 3(e) of the
Alaska Native Claims Settlement Act, when approval of the application is
prevented by:
(1) A withdrawal, reservation, classification, or management
decision applicable to the lands;
(2) An allowed entry or selection of lands;
(3) A lease which grants the lessee exclusive use of the lands;
(4) Classifications existing under appropriate law:
(5) Segregation due to an application previously filed under
appropriate law and regulations;
(6) Segregation resulting from a notice of realty action previously
published in the Federal Register under appropriate regulations; and
(7) The fact that, for any reason, the lands have not been made
subject to, restored or opened to operation of the public land laws,
including the mineral laws.
(b) Lands may not be appropriated under the mining laws prior to the
date and time of restoration and opening. Any such attempted
appropriation, including attempted adverse possession under 30 U.S.C.
38, vests no rights against the United States. Actions required to
establish a mining claim location and to initiate a right of possession
are governed by State laws where those laws are not in conflict with
Federal law. The Bureau of Land Management does not intervene in
disputes between rival locators over possessory rights because Congress
has provided for the resolution of these matters in local courts.
Sec. 2091.2 Segregation and opening resulting from publication
of a Notice of Realty Action.
Sec. 2091.2-1 Segregation.
The publication of a Notice of Realty Action in the Federal Register
segregates lands that are available for disposal under:
(a) The Recreation and Public Purposes Act, as amended (43 U.S.C.
869-4), for a period of 18 months (See part 2740 and subpart 2912);
(b) The sales provisions of section 203 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1713) for a period of 270 days
(See part 2710). The sales provisions of section 43 CFR 2711.1-2(d)
provide for a segregation period, not to exceed two years unless, on a
case-by-case basis, the BLM State Director determines that the extension
is necessary and documents, in writing, why the extension is needed.
Such an extension will not be renewable and cannot be extended beyond
the additional two years.
[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993;
71 FR 67068, Nov. 20, 2006]
Sec. 2091.2-2 Opening.
(a) The segregative effect of a Notice of Realty Action
automatically terminates either:
(1) At the end of the periods set out in Sec. 2091.2-1 of this title
(See part 2740); or
(2) As of the date specified in an opening order published in the
Federal Register; or
[[Page 56]]
(3) Upon issuance of a patent or other document of conveyance;
whichever occurs first.
(b) [Reserved]
[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993;
65 FR 70112, Nov. 21, 2000]
Sec. 2091.3 Segregation and opening resulting from a proposal
or application.
Sec. 2091.3-1 Segregation.
(a) If a proposal is made to exchange public lands administered by
the Bureau of Land Management or lands reserved from the public domain
for National Forest System purposes, such lands may be segregated by a
notation on the public land records for a period not to exceed 5 years
from the date of notation (See 43 CFR 2201.1-2 and 36 CFR 254.6).
(b) The filing of an application for lands for selection by a State
(exclusive of Alaska) segregates the lands included in the application
for a period of 2 years from the date the application is filed. (See
subparts 2621 and 2622)
(c) The filing of an application and publication of the notice of
the filing of an application in the Federal Register for the purchase of
Federally-owned mineral interests under section 209 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1719) segregates the lands
for a period of 2 years from the date of the publication of the notice
of filing of the application with the authorized officer. (See part
2720)
(d) The filing of an application for an airport lease under the Act
of May 24, 1928, as amended (49 U.S.C. Appendix 211-213), or the filing
of a request for an airport conveyance under the Airport and Airway
Improvement Act of 1982 (49 U.S.C. 2215), segregates the lands as of the
date of filing with the authorized officer. (See part 2640 and subpart
2911)
(e)(1) The Bureau of Land Management may segregate, if it finds it
necessary for the orderly administration of the public lands, lands
included in a right-of-way application under 43 CFR subpart 2804 for the
generation of electrical energy from wind or solar sources. In addition,
the Bureau of Land Management may also segregate lands that it
identifies for potential rights-of-way for electricity generation from
wind or solar sources when initiating a competitive process for solar or
wind development on particular lands. Upon segregation, such lands will
not be subject to appropriation under the public land laws, including
location under the Mining Law of 1872, (30 U.S.C. 22 et seq.), but would
remain open under the Mineral Leasing Act of 1920 (30 U.S.C. 181 et
seq.) or the Materials Act of 1947 (30 U.S.C. 601 et seq.). The BLM will
effect a segregation by publishing a Federal Register notice that
includes a description of the lands being segregated. The BLM may effect
segregation in this way for both pending and new right-of-way
applications.
(2) The effective date of segregation is the date of publication of
the notice in the Federal Register. The segregation terminates
consistent with subpart 2091.3-2 and the lands automatically open on the
date that is the earliest of the following:
(i) When the BLM issues a decision granting, granting with
modifications, or denying the application for a right-of-way;
(ii) Automatically at the end of the segregation period stated in
the Federal Register notice initiating the segregation, or
(iii) Upon publication of a Federal Register notice terminating the
segregation and opening the lands in question.
(3) The segregation period may not exceed 2 years from the date of
publication in the Federal Register of the notice initiating the
segregation, unless the State Director determines and documents in
writing, prior to the expiration of the segregation period, that an
extension is necessary for the orderly administration of the public
lands. If the State Director determines an extension is necessary, the
Bureau of Land Management will extend the segregation for up to 2 years
by publishing a notice in the Federal Register, prior to the expiration
of the
[[Page 57]]
initial segregation period. Segregations under this part may only be
extended once and the total segregation period may not exceed 4 years.
[52 FR 12175, Apr. 15, 1987; 52 FR 13563, Apr. 23, 1987, as amended at
58 FR 60917, Nov. 18, 1993; 76 FR 23204, Apr. 26, 2011; 78 FR 25212,
Apr. 30, 2013]
Sec. 2091.3-2 Opening.
(a) If a proposal or an application described in Sec. 2091.3-1 of
this part is not denied, modified, or otherwise terminated prior to the
end of the segregative periods set out in Sec. 2091.3-1 of this part,
the segregative effect of the proposal or application automatically
terminates upon the occurrence of either of the following events,
whichever occurs first:
(1) Issuance of a patent or other document of conveyance to the
affected lands; or
(2) The expiration of the applicable segregation period set out in
Sec. 2091.3-1 of this part.
(b) If the proposal or application described in Sec. 2091.3-1 of
this part is denied, modified, or otherwise terminated prior to the end
of the segregation periods, the lands shall be opened promptly by
publication in the Federal Register of an opening order specifying the
date and time of opening.
(c) Subject to valid existing rights, non-Federal lands acquired
through exchange by the United States shall be segregated automatically
from appropriation under the public land laws and mineral laws for 90
days after acceptance of title by the United States, and the public land
records shall be noted accordingly. Except to the extent otherwise
provided by law, the lands shall be open to the operation of the public
land laws and mineral laws at midnight 90 days after the day title was
accepted unless otherwise segregated pursuant to part 2300 of this
title. (See 43 CFR 2201.9(b))
[58 FR 60917, Nov. 18, 1993, as amended at 65 FR 70112, Nov. 21, 2000]
Sec. 2091.4 Segregation and opening resulting from the allowance
of entries, leases, grants or contracts.
Sec. 2091.4-1 Segregation and opening: Desert-land entries
and Indian allotments.
(a) Lands covered by an application for a desert land entry or
Indian allotment become segregated on the date of allowance or approval
of entry or allotment by the authorized officer. (See parts 2520 and
2530).
(b) If an entry or allotment is cancelled or relinquished, the lands
become open to the operation of the public land laws by publication in
the Federal Register of an opening order which specifies the date and
time of opening. (See parts 2520 and 2530).
Sec. 2091.4-2 Segregation and opening: Airport leases and grants.
(a) The issuance of a lease for airport purposes under the authority
of the Act of May 24, 1928 or a patent or document of conveyance for
airport and airway purposes under the authority of the Act of September
3, 1982, as amended (49 U.S.C. 2215), continues to segregate the lands.
(See part 2640 and subpart 2911)
(b) If an airport lease is terminated, the lands are opened by
publication in the Federal Register of an opening order which specifies
the date and time of opening.
(c) The lands covered by an airport lease or grant remain open to
the operation of the mineral leasing laws, the material disposal laws
and the Geothermal Steam Act, but are segregated from the operation of
the mining laws pending the issuance of such regulations as the
Secretary may prescribe (See part 2640 and subpart 2911).
Sec. 2091.4-3 Segregation and opening: Carey Act.
(a) For lands covered by a Carey Act grant, publication of a notice
in the Federal Register that a contract has been signed segregates the
lands described in the contract, as of the date of publication of a 10
year period, from operation of the public land laws and the mineral laws
as described in the notice. (See part 2610).
[[Page 58]]
(b) If the contract under the Carey Act is terminated, the lands are
opened by publication in the Federal Register of an opening order which
specifies the date and time of opening. Preference right of entry to
Carey Act entrymen may be provided in accordance with the provisions of
subpart 2613 of this title.
Sec. 2091.5 Withdrawals.
Sec. 2091.5-1 Segregation of lands resulting from withdrawal applications filed on or after October 21, 1976.
(a) Publication in the Federal Register of a notice of an
application or proposal for withdrawal, as provided in subpart 2310 of
this title, segregates the lands described in the withdrawal application
or proposal to the extent specified in the notice. The segregative
effect becomes effective on the date of publication and extends for a
period of 2 years unless sooner terminated as set out below.
(b) Segregations resulting from applications and proposals filed on
or after October 21, 1976, terminate:
(1) Automatically upon the expiration of a 2 year period from the
date of publication in the Federal Register of the notice of the filing
of an application or proposal for withdrawal;
(2) Upon the publication in the Federal Register of a Public Land
Order effecting the withdrawal in whole or in part;
(3) Upon the publication in the Federal Register of a notice denying
the withdrawal application or proposal, in whole or in part, giving the
date and time the lands shall be open; or
(4) Publication in the Federal Register of a notice of request for
cancellation of a withdrawal application or proposal, in whole or in
part, giving the date and time the lands are open.
Sec. 2091.5-2 Segregation of lands resulting from withdrawal
applications filed prior to October 21, 1976.
(a)(1) Lands covered by a withdrawal application or withdrawal
proposal filed prior to October 21, 1976, were segregated on the date
the application was properly filed and remain segregated through October
20, 1991, to the extent specified in notices published in the Federal
Register, unless the segregative effect is terminated prior to that date
in accordance with procedures in Sec. 2091.5-1 of this title.
(2) Any amendment made to a withdrawal application filed prior to
October 21, 1976, for the purpose of adding lands modifies the term of
segregation for all lands covered by the amended application to conform
with the provision of Sec. 2091.5-1 of this title.
(b) Segregations resulting from applications filed under this
section terminate in accordance with procedures in Sec. 2091.5-1 of this
title.
Sec. 2091.5-3 Segregative effect and opening: Emergency withdrawals.
(a) When the Secretary determines that an emergency exists and
extraordinary measures need to be taken to preserve values that would
otherwise be lost, a withdrawal is made immediately in accordance with
Sec. 2310.5 of this title. Emergency withdrawals are effective on the
date the Public Land Order making the withdrawal is signed, and cannot
exceed 3 years in duration and may not be extended.
(b) The lands covered by an emergency withdrawal are opened
automatically on the date of expiration of the withdrawal unless
segregation is effected by the publication in the Federal Register of a
notice of a withdrawal application or proposal.
Sec. 2091.5-4 Segregative effect and opening: Water power
withdrawals.
(a) Lands covered by powersite reserves, powersite classifications,
and powersite designations are considered withdrawn and are segregated
from operation of the public land laws, but are not withdrawn and
segregated from the operation of the mineral laws.
(b) These lands may be opened to operation of the public land laws
after a revocation or cancellation order issued by the Department of the
Interior or after a determination to open the lands is made by the
Federal Energy Regulatory Commission under section 24 of the Federal
Power Act. (See subpart 2320) Mining claims may be located on such lands
under procedures in subpart 3730 of this title. These lands are opened
by publication in the Federal
[[Page 59]]
Register of an opening order specifying the extent, date and time of
opening.
Sec. 2091.5-5 Segregative effect and opening: Federal Power Act
withdrawals.
(a)(1) The filing of an application for a power project with the
Federal Energy Regulatory Commission withdraws the lands covered by the
application from the operation of the public land laws; however, the
lands remain open to the location, lease or disposal of the mineral
estate.
(2) The issuance of a permit or license for a project by the Federal
Energy Regulatory Commission withdraws the lands from the operation of
the mining laws. (See part 3730).
(b) Lands withdrawn under section 24 of the Federal Power Act remain
withdrawn until the withdrawal is vacated and the lands opened by proper
authority.
(c) After a withdrawal has been vacated, the lands are opened to the
operation of the public land laws by notation of the lands records to
that effect.
Sec. 2091.5-6 Congressional withdrawals and opening of lands.
(a) Congressional withdrawals become effective and are terminated as
specified in the statute making the withdrawal. If the statute does not
specify the date, duration and extent of segregation, the Secretary
shall publish in the Federal Register a Public Land Order so specifying.
(b) If the statute does not specify when and to what extent the
lands are to be opened, the Secretary publishes in the Federal Register
an opening order so specifying.
Sec. 2091.6 Opening of withdrawn lands: General.
The term of a withdrawal ends upon expiration under its own terms,
or upon revocation or termination by the Secretary by publication in the
Federal Register of a Public Land Order. Lands included in a withdrawal
that is revoked, terminates or expires do not automatically become open,
but are opened through publication in the Federal Register of an opening
order. An opening order may be incorporated in a Public Land Order that
revokes or terminates a withdrawal or may be published in the Federal
Register as a separate document. In each case, the opening order
specifies the time, date and specific conditions under which the lands
are opened. (See subpart 2310.)
Sec. 2091.7 Segregation and opening of lands classified for
a specific use.
Sec. 2091.7-1 Segregative effect and opening: Classifications.
(a)(1) Lands classified under the authority of the Recreation and
the Public Purposes Act, as amended (43 U.S.C. 869-4), and the Small
Tract Act (43 U.S.C. 682a) are segregated from the operation of the
public land laws, including the mining laws, but not the mineral leasing
laws, the material disposal laws, and the Geothermal Steam Act, except
as provided in the notice of realty action.
(2) Lands classified under the authority of the Classification and
Multiple Use Act (43 U.S.C. 1411-18) are segregated to the extent
described in the notice of classification.
(b) The segregative effect of the classification described in
Sec. 2091.7-1 of this title terminates and the lands are opened under
the following procedures:
(1) Recreation and Public Purposes Act classifications; (i) Made
after the effective date of these regulations terminate and the lands
automatically become open at the end of the 18-month period of
segregation specified in part 2740 of this title, unless an application
is filed; (ii) made prior to the effective date of these regulations
where the 18-month period of segregation specified in part 2740 of this
title is in effect on the effective date of these regulations, expire
and the lands automatically become open at the end of the 18-month
period of segregation unless an application is filed; (iii) made prior
to the effective date on these regulations where the 18-month period of
segregation has expired prior to the effective date of these
regulations, terminate by publication in the Federal Register of an
opening order specifying the date and time of opening.
(2) Small Tract Act classifications terminate by publication in the
Federal Register of an opening order
[[Page 60]]
specifying the date and time of opening.
(3) Classification and Multiple Use Act classification shall be
terminated by publication in the Federal Register of an opening order
specifying the date and time of opening.
[52 FR 12175, Apr. 15, 1987; 52 FR 36575, Sept. 30, 1987]
Sec. 2091.7-2 Segregative effect and opening: Taylor Grazing Act.
Lands classified under section 7 of the Act of June 28, 1934, as
amended (43 U.S.C. 315f), are segregated to the extent described in the
classification notice. The segregative effect for Desert Land entries,
Indian allotments, State selections (exclusive of Alaska) and Carey Act
grants made after the effective date of these regulations remains in
effect until terminated by publication in the Federal Register of an
opening order specifying the date and time of opening or upon issuance
of a patent or other document of conveyance,
Sec. 2091.8 Status of gift lands.
Upon acceptance by the United States, through the Secretary of the
Interior, of a deed of conveyance as a gift, the lands or interests so
conveyed will become property of the United States but will not become
subject to applicable land and mineral laws of this title unless and
until an order to that effect is issued by BLM.
[62 FR 52036, Oct. 6, 1997]
Sec. 2091.9 Segregation and opening resulting from laws specific
to Alaska.
Sec. 2091.9-1 Alaska Native selections.
The segregation and opening of lands authorized for selection and
selected by Alaska Natives under the Alaska Native Claims Settlement
Act, as amended (43 U.S.C. 1601 et seq.), are covered by part 2650 of
this title.
Sec. 2091.9-2 Selections by the State of Alaska.
The segregation and opening of lands authorized for selection and
selected by the State of Alaska under the various statutes granting
lands to the State of Alaska are covered by subpart 2627 of this title.
Sec. 2091.9-3 Lands in Alaska under grazing lease.
The segregation and opening of lands covered by the Act of March 4,
1927 (43 U.S.C. 316, 316a-316o) are covered by part 4200 of this title.
Subpart 2094_Special Resource Values; Shore Space
Authority: R.S. 2478, secs. 4, 5, 69 Stat. 444; 43 U.S.C. 1201, 48
U.S.C. 462 note.
Source: 35 FR 9540, June 13, 1970, unless otherwise noted.
Sec. 2094.0-3 Authority.
Section 1 of the Act of May 14, 1898 (30 Stat. 409) as amended by
the Acts of March 3, 1903 (32 Stat. 1028) and August 3, 1955 (69 Stat.
444; 48 U.S.C. 371) provides that no entry shall be allowed extending
more than 160 rods along the shore of any navigable water. Section 10 of
the Act of May 14, 1898, as amended by the Acts of March 3, 1927 (44
Stat. 1364), May 26, 1934 (48 Stat. 809), and August 3, 1955 (69 Stat.
444), provides that trade and manufacturing sites, rights-of-way for
terminals and junction points, and homesites and headquarters sites may
not extend more than 80 rods along the shores of any navigable water.
Sec. 2094.0-5 Definitions.
The term navigable waters is defined in section 2 of the Act of May
14, 1898 (30 Stat. 409; 48 U.S.C. 411), to include all tidal waters up
to the line of ordinary high tide and all nontidal waters navigable in
fact up to the line of ordinary highwater mark.
Sec. 2094.1 Methods of measuring; restrictions.
(a) In the consideration of applications to enter lands shown upon
plats of public surveys in Alaska, as abutting upon navigable waters,
the restriction as to length of claims shall be determined as follows:
The length of the water front of a subdivision will be considered as
represented by the longest straight-line distance between the shore
corners of the tract, measured along lines parallel to the boundaries of
the subdivision; and the sum of the
[[Page 61]]
distances of each subdivision of the application abutting on the water,
so determined, shall be considered as the total shore length of the
application. Where, so measured, the excess of shore length is greater
than the deficiency would be if an end tract or tracts were eliminated,
such tract or tracts shall be excluded, otherwise the application may be
allowed if in other respects proper.
(b) The same method of measuring shore space will be used in the
case of special surveys, where legal subdivisions of the public lands
are not involved.
(c) The following sketch shows the method of measuring the length of
shore space, the length of line A or line B, whichever is the longer,
representing the length of shore space which is chargeable to the tract:
[GRAPHIC] [TIFF OMITTED] TC01FE91.076
Sec. 2094.2 Waiver of 160-rod limitation.
(a) The Act of June 5, 1920 (41 Stat. 1059; 48 U.S.C. 372) provides
that the Secretary of the Interior in his discretion, may upon
application to enter or otherwise, waive the restriction that no entry
shall be allowed extending more than 160 rods along the shore of any
navigable waters as to such lands as he shall determine are not
necessary for harborage, landing, and wharf purposes. The act does not
authorize the waiver of the 80-rod restriction, mentioned in
Sec. 2094.0-3.
(b) Except as to trade and manufacturing sites, and home and
headquarters sites, any applications to enter and notices of settlement
which cover lands extending more than 160 rods along the shore of any
navigable water will be considered as a petition for waiver of the 160-
rod limitation mentioned in paragraph (a) of this section, provided that
it is accompanied by a showing that the lands are not necessary for
harborage, landing and wharf purposes and that the public interests will
not be injured by waiver of the limitation.
Group 2100_Acquisitions--Table of Contents
Group 2200_Exchanges--Table of Contents
PART 2200_EXCHANGES: GENERAL PROCEDURES--Table of Contents
Subpart 2200_Exchanges_General
Sec.
2200.0-2 Objective.
2200.0-4 Responsibilities.
2200.0-5 Definitions.
2200.0-6 Policy.
2200.0-7 Scope.
2200.0-9 Information collection.
Subpart 2201_Exchanges_Specific Requirements
2201.1 Agreement to initiate an exchange.
2201.1-1 Assembled land exchanges.
2201.1-2 Segregative effect.
2201.1-3 Assumption of costs.
2201.2 Notice of exchange proposal.
2201.3 Appraisals.
2201.3-1 Appraiser qualifications.
2201.3-2 Market value.
2201.3-3 Appraisal report standards.
2201.3-4 Appraisal review.
2201.4 Bargaining; arbitration.
2201.5 Exchanges at approximately equal value.
2201.6 Value equalization; cash equalization waiver.
2201.7 Approval of exchanges.
2201.7-1 Notice of decision.
2201.7-2 Exchange agreement.
2201.8 Title standards.
2201.9 Case closing.
Subpart 2203_Exchanges Involving Fee Federal Coal Deposits
2203.0-6 Policy.
2203.0-9 Cross references.
2203.1 Opportunity for public comment and public meeting on exchange
proposal.
2203.2 Submission of information concerning proposed exchange.
2203.3 Public meeting.
2203.4 Consultation with the Attorney General.
2203.5 Action on advice of the Attorney General.
Authority: 43 U.S.C. 1716, 1740.
Source: 46 FR 1638, Jan. 6, 1981, unless otherwise noted.
[[Page 62]]
Subpart 2200_Exchanges_General
Source: 58 FR 60918, Nov. 18, 1993, unless otherwise noted.
Sec. 2200.0-2 Objective.
The objective is to encourage and expedite the exchange of Federal
lands for non-Federal lands, found to be in the public interest, in
accordance with applicable statutory policies, standards and
requirements.
Sec. 2200.0-4 Responsibilities.
The Director of the Bureau of Land Management has the responsibility
of carrying out the functions of the Secretary of the Interior under
these regulations.
Sec. 2200.0-5 Definitions.
As used in this part:
(a) Adjustment to relative values means compensation for exchange-
related costs, or other responsibilities or requirements assumed by one
party, which ordinarily would be borne by the other party. These
adjustments do not alter the agreed upon value of the lands involved in
an exchange.
(b) Agreement to initiate means a written, nonbinding statement of
present intent to initiate and pursue an exchange, which is signed by
the parties and which may be amended by the written consent of the
parties or terminated at any time upon written notice by any party.
(c) Appraisal or Appraisal report means a written statement
independently and impartially prepared by a qualified appraiser setting
forth an opinion as to the market value of the lands or interests in
lands as of a specific date(s), supported by the presentation and
analysis of relevant market information.
(d) Approximately equal value determination means a decision that
the lands involved in an exchange have readily apparent and
substantially similar elements of value, such as location, size, use,
physical characteristics, and other amenities.
(e) Arbitration means a process to resolve a disagreement among the
parties as to appraised value, performed by an arbitrator appointed by
the Secretary from a list recommended by the American Arbitration
Association.
(f) Assembled land exchange means the consolidation of multiple
parcels of Federal and/or non-Federal lands for purposes of one or more
exchange transactions over a period of time.
(g) Authorized officer means any employee of the Bureau of Land
Management who has been delegated the authority and responsibility to
make decisions and perform the duties described in this part.
(h) Bargaining means a process, other than arbitration, by which
parties attempt to resolve a dispute concerning the appraised value of
the lands involved in an exchange.
(i) Federal lands means any lands or interests in lands, such as
mineral or timber interests, that are owned by the United States and
administered by the Secretary of the Interior through the Director of
the Bureau of Land Management, without regard to how the United States
acquired ownership, except: (1) Lands located on the Outer Continental
Shelf; and (2) lands held for the benefit of Indians, Aleuts and
Eskimos.
(j) Hazardous substances means those substances designated under
Environmental Protection Agency regulations at 40 CFR part 302.
(k) Highest and best use means the most probable legal use of a
property, based on market evidence as of the date of valuation,
expressed in an appraiser's supported opinion.
(l) Lands means any land and/or interests in land.
(m) Ledger account means an accounting mechanism that tracks the
differential in dollar value of lands conveyed throughout a series of
transactions. A ledger reports each transaction by date, value of
Federal land, value of non-Federal land, the difference between these
values upon completion of each transaction, and a cumulative balance and
differential.
(n) Market value means the most probable price in cash, or terms
equivalent to cash, that lands or interests in lands should bring in a
competitive and open market under all conditions requisite to a fair
sale, where the buyer and seller each acts prudently and
[[Page 63]]
knowledgeably, and the price is not affected by undue influence.
(o) Mineral laws means the mining laws, mineral leasing laws, and
the Geothermal Steam Act, but not the Materials Sales Act, administered
by the Secretary of the Interior through the Bureau of Land Management.
(p) Outstanding interests means rights or interests in property held
by an entity other than a party to an exchange.
(q) Party means the United States or any person, State or local
government who enters into an agreement to initiate an exchange.
(r) Person means any individual, corporation, or other legal entity
legally capable to hold title to and convey land. An individual must be
a citizen of the United States and a corporation must be subject to the
laws of the United States or of the State where the land is located or
the corporation is incorporated.
(s) Public land laws means that body of general land laws
administered by the Secretary of the Interior through the Bureau of Land
Management, excepting, however, the mineral laws.
(t) Reserved interest means an interest in real property retained by
a party from a conveyance of the title to that property.
(u) Resource values means any of the various commodity values (e.g.,
timber or minerals) or non-commodity values (e.g., wildlife habitat or
scenic vistas), indigenous to particular land areas, surface and
subsurface.
(v) Secretary means the Secretary of the Interior or the individual
to whom the authority and responsibilities of that official, as to
matters considered in this part, have been delegated.
(w) Segregation means the removal for a limited period, subject to
valid existing rights, of a specified area of the Federal lands from
appropriation under the public land laws and mineral laws, pursuant to
the authority of the Secretary of the Interior to allow for the orderly
administration of the Federal lands.
(x) Statement of value means a written report prepared by a
qualified appraiser that states the appraiser's conclusion(s) of value.
Sec. 2200.0-6 Policy.
(a) Discretionary nature of exchanges. The Secretary is not required
to exchange any Federal lands. Land exchanges are discretionary,
voluntary real estate transactions between the Federal and non-Federal
parties. Unless and until the parties enter into a binding exchange
agreement, any party may withdraw from and terminate an exchange
proposal or an agreement to initiate an exchange at any time during the
exchange process, without any obligation to reimburse, or incur any
liability to, any party, person or other entity.
(b) Determination of public interest. The authorized officer may
complete an exchange only after a determination is made that the public
interest will be well served. When considering the public interest, the
authorized officer shall give full consideration to the opportunity to
achieve better management of Federal lands, to meet the needs of State
and local residents and their economies, and to secure important
objectives, including but not limited to: Protection of fish and
wildlife habitats, cultural resources, watersheds, wilderness and
aesthetic values; enhancement of recreation opportunities and public
access; consolidation of lands and/or interests in lands, such as
mineral and timber interests, for more logical and efficient management
and development; consolidation of split estates; expansion of
communities; accommodation of land use authorizations; promotion of
multiple-use values; and fulfillment of public needs. In making this
determination, the authorized officer must find that:
(1) The resource values and the public objectives that the Federal
lands or interests to be conveyed may serve if retained in Federal
ownership are not more than the resource values of the non-Federal lands
or interests and the public objectives they could serve if acquired, and
(2) The intended use of the conveyed Federal lands will not, in the
determination of the authorized officer, significantly conflict with
established management objectives on adjacent Federal lands and Indian
trust lands.
[[Page 64]]
Such finding and the supporting rationale shall be made part of the
administrative record.
(c) Equal value exchanges. Except as provided in Sec. 2201.5 of this
part, lands or interests to be exchanged shall be of equal value or
equalized in accordance with the methods set forth in Sec. 2201.6 of
this part. An exchange of lands or interests shall be based on market
value as determined by the Secretary through appraisal(s), through
bargaining based on appraisal(s), or through arbitration.
(d) Same-State exchanges. The Federal and non-Federal lands involved
in an exchange authorized pursuant to the Federal Land Policy and
Management Act of 1976, as amended, shall be located within the same
State.
(e) O and C land exchanges. Non-Federal lands acquired in exchange
for revested Oregon and California Railroad Company Grant lands or
reconveyed Coos Bay Wagon Road Grant lands are required to be located
within any one of the 18 counties in which the original grants were
made, and, upon acquisition by the United States, automatically shall
assume the same status as the lands for which they were exchanged.
(f) Congressional designations. Upon acceptance of title by the
United States, lands acquired by an exchange that are within the
boundaries of any unit of the National Forest System, National Park
System, National Wildlife Refuge System, National Wild and Scenic Rivers
System, National Trails System, National Wilderness Preservation System,
or any other system established by Act of Congress; the California
Desert Conservation Area; or any national conservation or national
recreation area established by Act of Congress, immediately are reserved
for and become part of the unit or area within which they are located,
without further action by the Secretary, and thereafter shall be managed
in accordance with all laws, rules, regulations, and land use plans
applicable to such unit or area.
(g) Land and resource management planning. The authorized officer
shall consider only those exchange proposals that are in conformance
with land use plans or plan amendments, where applicable. Lands acquired
by an exchange within a Bureau of Land Management district shall
automatically become public lands as defined in 43 U.S.C. 1702 and shall
become part of that district. The acquired lands shall be managed in
accordance with existing regulations and provisions of applicable land
use plans and plan amendments. Lands acquired by an exchange that are
located within the boundaries of areas of critical environmental concern
or any other area having an administrative designation established
through the land use planning process shall automatically become part of
the unit or area within which they are located, without further action
by the Bureau of Land Management, and shall be managed in accordance
with all laws, rules, regulations, and land use plans applicable to such
unit or area.
(h) Environmental analysis. After an agreement to initiate an
exchange is signed, an environmental analysis shall be conducted by the
authorized officer in accordance with the National Environmental Policy
Act of 1969 (42 U.S.C. 4371), the Council on Environmental Quality
regulations (40 CFR parts 1500-1508), and the environmental policies and
procedures of the Department of the Interior and the Bureau of Land
Management. In making this analysis, the authorized officer shall
consider timely written comments received in response to the published
exchange notice, pursuant to Sec. 2201.2 of this part.
(i) Reservations or restrictions in the public interest. In any
exchange, the authorized officer shall reserve such rights or retain
such interests as are needed to protect the public interest or shall
otherwise restrict the use of Federal lands to be exchanged, as
appropriate. The use or development of lands conveyed out of Federal
ownership are subject to any restrictions imposed by the conveyance
documents and all laws, regulations, and zoning authorities of State and
local governing bodies.
(j) Hazardous substances--(1) Federal lands. The authorized officer
shall determine whether hazardous substances may be present on the
Federal lands involved in an exchange and shall provide notice of known
storage, release, or disposal of hazardous substances on the
[[Page 65]]
Federal lands to the other parties in accordance with the provisions of
40 CFR part 373. The authorized officer shall provide this notice in the
exchange agreement. The authorized officer shall also provide such
notice, to the extent information is readily available, in the agreement
to initiate an exchange. Unless the non-Federal party is a potentially
responsible party under 42 U.S.C. 9607(a), the conveyance document from
the United States shall contain a covenant in accordance with 42 U.S.C.
9620(h)(3). Where the non-Federal party is a potentially responsible
party with respect to the property, it may be appropriate to enter into
an agreement, as referenced in 42 U.S.C. 9607(e), whereby that party
would indemnify the United States and hold the United States harmless
against any loss or cleanup costs after conveyance.
(2) Non-Federal lands. The non-Federal party shall notify the
authorized officer of any known, suspected and/or reasonably
ascertainable storage, release, or disposal of hazardous substances on
the non-Federal land pursuant to Sec. 2201.1 of this part.
Notwithstanding such notice, the authorized officer shall determine
whether hazardous substances are known to be present on the non-Federal
land involved in an exchange. If hazardous substances are known or
believed to be present on the non-Federal land, the authorized officer
shall reach an agreement with the non-Federal party regarding the
responsibility for appropriate response action concerning the hazardous
substances before completing the exchange. The terms of this agreement
and any appropriate ``hold harmless'' agreement shall be included in an
exchange agreement, pursuant to Sec. 2201.7-2 of this part.
(k) Legal description of properties. All lands subject to an
exchange shall be properly described on the basis of either a survey
executed in accordance with the Public Land Survey System laws and
standards of the United States or, if those laws and standards cannot be
applied, the lands shall be properly described and clearly locatable by
other means as may be prescribed or allowed by law.
(l) Unsurveyed school sections. For purposes of exchange only,
unsurveyed school sections, which would become State lands upon survey
by the Secretary, are considered as ``non-Federal'' lands and may be
used by the State in an exchange with the United States. However,
minerals shall not be reserved by the State when unsurveyed sections are
used in an exchange. As a condition of the exchange, the State shall
have waived, in writing, all rights to unsurveyed sections used in the
exchange.
(m) Coordination with State and local governments. At least 60 days
prior to the conveyance of and upon issuance of the deed or patent for
Federal lands, the authorized officer will notify the Governor of the
State within which the Federal lands covered by the notice are located
and the head of the governing body of any political subdivision having
zoning or other land use regulatory authority in the geographical area
within which the Federal lands are located.
(n) Fee coal exchanges. As part of the consideration of whether
public interest would be served by the acquisition of fee coal through
exchange, the provisions of subpart 3461 of this title shall be applied
and shall be evaluated as a factor and basis for the exchange.
Sec. 2200.0-7 Scope.
(a) These rules set forth the procedures for conducting exchanges of
Federal lands. The procedures in these rules are supplemented by the
Bureau of Land Management Manuals and Handbooks 2200 and 9310. The
contents of these supplemental materials are not considered to be a part
of these rules.
(b) The rules contained in this part apply to all land exchanges,
made under the authority of the Secretary, involving Federal lands, as
defined in 43 CFR 2200.0-5(i). Apart from the Federal Land Policy and
Management Act of 1976 (FLPMA), as amended, 43 U.S.C. 1701 et seq.,
there are a variety of statutes, administered by the Secretary, that
authorize land trades which may include Federal lands, as for example,
certain National Wildlife Refuge System and National Park System
exchange acts. The procedures and requirements associated with or
imposed by any one of these other statutes may
[[Page 66]]
not be entirely consistent with the rules in this part, as the rules in
this part are intended primarily to implement the FLPMA land exchange
provisions. If there is any such inconsistency, and if Federal lands are
involved, the inconsistent procedures or statutory requirements will
prevail. Otherwise, the regulations in this part will be followed. The
rules in this part also apply to the exchange of interests in either
Federal or non-Federal lands including, but not limited to, minerals,
water rights, and timber.
(c) The application of these rules to exchanges made under the
authority of the Alaska Native Claims Settlement Act, as amended (43
U.S.C. 1621) or the Alaska National Interest Lands Conservation Act (16
U.S.C. 3192), shall be limited to those provisions that do not conflict
with the provisions of these Acts.
(d) Pending exchanges initiated prior to December 17, 1993 shall
proceed in accordance with this rule unless:
(1) In the judgment of the authorized officer, it would be more
expeditious to continue following the procedures in effect prior to
December 17, 1993; or
(2) A binding agreement to exchange was in effect prior to December
17, 1993; and
(3) To proceed as provided in paragraphs (d) (1) or (2) of this
section would not be inconsistent with applicable law.
(e) Exchanges proposed by persons holding fee title to coal deposits
that qualify for exchanges under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1260(b)(5)) and as provided in
subpart 3436 of this title shall be processed in accordance with this
part, except as otherwise provided in subpart 3436 of this title.
[46 FR 1638, Jan. 6, 1981, as amended at 63 FR 52617, Oct. 1, 1998]
Sec. 2200.0-9 Information collection.
(a) The collection of information contained in part 2200 of Group
2200 has been approved by the Office of Management and Budget under 44
U.S.C. 3501 et seq. and assigned clearance number 1004-0056. The
information will be used to initiate and complete land exchanges with
the Bureau of Land Management. Responses are required to obtain benefits
in accordance with the Federal Land Policy and Management Act of 1976,
as amended.
(b) Public reporting burden for this information is estimated to
average 4 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining
the data needed, and completing and reviewing the collection of
information. Comments regarding this burden estimate or any other aspect
of this collection of information, including suggestions for reducing
the burden, should be sent to the Division of Information Resources
Management (870), Bureau of Land Management, 1849 C Street, NW.,
Washington, DC 20240; and the Paperwork Reduction Project (1004-0056),
Office of Management and Budget, Washington, DC 20503.
Subpart 2201_Exchanges_Specific Requirements
Sec. 2201.1 Agreement to initiate an exchange.
(a) Exchanges may be proposed by the Bureau of Land Management or by
any person, State, or local government. Initial exchange proposals
should be directed to the authorized officer responsible for the
management of Federal lands involved in an exchange.
(b) To assess the feasibility of an exchange proposal, the
prospective parties may agree to obtain a preliminary estimate of the
values of the lands involved in the proposal. The preliminary estimate
is generally not an appraisal but shall be prepared by a qualified
appraiser.
(c) If the authorized officer agrees to proceed with an exchange
proposal, a nonbinding agreement to initiate an exchange shall be
executed by all prospective parties. At a minimum, the agreement shall
include:
(1) The identity of the parties involved in the proposed exchange
and the status of their ownership or ability to provide title to the
land;
(2) A description of the lands or interest in lands being considered
for exchange;
(3) A statement by each party, other than the United States and
State and local governments, certifying that the party is a citizen of
the United States
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or a corporation or other legal entity subject to the laws of the United
States or a State thereof;
(4) A description of the appurtenant rights proposed to be exchanged
or reserved; any authorized uses including grants, permits, easements,
or leases; and any known unauthorized uses, outstanding interests,
exceptions, adverse claims, covenants, restrictions, title defects or
encumbrances;
(5) A time schedule for completing the proposed exchange;
(6) An assignment of responsibility for performance of required
functions and for costs associated with processing the exchange;
(7) A statement specifying whether compensation for costs assumed
will be allowed pursuant to the provisions of Sec. 2201.1-3 of this
part;
(8) Notice of any known release, storage, or disposal of hazardous
substances on involved Federal or non-Federal lands, and any commitments
regarding responsibility for removal or other remedial actions
concerning such substances on involved non-Federal lands. All such terms
and conditions regarding non-Federal lands shall be included in a land
exchange agreement pursuant to Sec. 2201.7-2 of this part;
(9) A grant of permission by each party to conduct a physical
examination of the lands offered by the other party;
(10) The terms of any assembled land exchange arrangement, pursuant
to Sec. 2201.1-1 of this part;
(11) A statement as to any arrangements for relocation of any
tenants occupying non-Federal land, pursuant to Sec. 2201.8 (c)(1)(iv)
of this part;
(12) A notice to an owner-occupant of the voluntary basis for the
acquisition of the non-Federal lands, pursuant to Sec. 2201.8 (c)(1)(iv)
of this part; and
(13) A statement as to the manner in which documents of conveyance
will be exchanged, should the exchange proposal be successfully
completed.
(d) Unless the parties agree to some other schedule, no later than
90 days from the date of the executed agreement to initiate an exchange,
the parties shall arrange for appraisals, which are to be completed
within timeframes and under such terms as are negotiated. In the absence
of current market information reliably supporting value, the parties may
agree to use other acceptable and commonly recognized methods to
estimate value.
(e) An agreement to initiate an exchange may be amended by written
consent of the parties or terminated at any time upon written notice by
any party.
(f) Entering into an agreement to initiate an exchange does not
legally bind any party to proceed with processing or to consummate a
proposed exchange, or to reimburse or pay damages to any party to a
proposed exchange that is delayed or is not consummated or to anyone
assisting in any way, or doing business with, any such party.
(g) The withdrawal from, and termination of, an exchange proposal,
or an agreement to initiate an exchange, by the authorized officer at
any time prior to the notice of decision, pursuant to Sec. 2201.7-1 of
this part, is not protestable or appealable under 43 CFR part 4.
Sec. 2201.1-1 Assembled land exchanges.
(a) Whenever the authorized officer determines it to be practicable,
an assembled land exchange arrangement may be used to facilitate
exchanges and reduce costs.
(b) The parties to an exchange may agree to such an arrangement
where multiple parcels of Federal and/or non-Federal lands are
consolidated into a package for the purpose of completing one or more
exchange transactions over a period of time.
(c) An assembled land exchange arrangement shall be documented in
the agreement to initiate an exchange, pursuant to Sec. 2201.1 of this
part.
(d) Values of the Federal and non-Federal lands involved in an
assembled exchange arrangement shall be estimated pursuant to
Sec. 2201.3 of this part.
(e) If more than one transaction is necessary to complete the
exchange package, the parties shall establish a ledger account under
which the Federal and non-Federal lands can be exchanged. When a ledger
account is used, the authorized officer shall:
(1) Assure that the value difference between the Federal and non-
Federal lands does not exceed 25 percent of the
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total value of the Federal lands conveyed in the assembled land exchange
up to and including the current transaction;
(2) Assure that the values of the Federal and non-Federal lands
conveyed are balanced with land and/or money at least every 3 years
pursuant to Sec. 2201.6 of this part; and
(3) If necessary, require from the non-Federal party a deposit of
cash, bond or other approved surety in an amount equal to any
outstanding value differential.
(4) Assembled land exchanges are subject to the value equalization
and cash equalization waiver provisions of Sec. 2201.6 of this part.
Cash equalization waiver shall only be used in conjunction with the
final transaction of the assembled land exchange and the termination of
any ledger account used.
(f) The assembled exchange arrangement may be terminated
unilaterally at any time upon written notice by any party or upon
depletion of the Federal or non-Federal lands assembled. Prior to
termination, values shall be equalized pursuant to Sec. 2201.6 of this
part.
Sec. 2201.1-2 Segregative effect.
(a) If a proposal is made to exchange Federal lands, the authorized
officer may direct the appropriate State Office of the Bureau of Land
Management to segregate the Federal lands by a notation on the public
land records. Subject to valid existing rights, the Federal lands shall
be segregated from appropriation under the public land laws and mineral
laws for a period not to exceed 5 years from the date of record
notation.
(b) Any interests of the United States in the non-Federal lands that
are covered by the exchange proposal may be segregated from
appropriation under the mineral laws for a period not to exceed 5 years
from the date of notation by noting the public land status records.
(c) The segregative effect shall terminate upon the occurrence of
any of the following events, whichever occurs first:
(1) Automatically, upon issuance of a patent or other document of
conveyance to the affected lands;
(2) On the date and time specified in an opening order, such order
to be promptly issued and published by the appropriate State Office of
the Bureau of Land Management in the Federal Register, if a decision is
made not to proceed with the exchange or upon removal of any lands from
an exchange proposal; or
(3) Automatically, at the end of the segregation period not to
exceed 5 years from the date of notation of the public land records.
(d) The provisions of this section apply equally to proposals to
exchange National Forest System lands under the authority and provisions
of the Act of March 20, 1922, 42 Stat. 465, as amended, 16 U.S.C. 485,
and the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1701
et seq., except that if a proposal is made to exchange National Forest
System lands, which proposal shall be filed in compliance with 36 CFR
part 254, the authorized officer may request that the appropriate BLM
State Office segregate such lands by a notation on the public land
records.
[46 FR 1638, Jan. 6, 1981, as amended at 63 FR 23681, Apr. 30, 1998; 65
FR 70112, Nov. 21, 2000]
Sec. 2201.1-3 Assumption of costs.
(a) Generally, parties to an exchange will bear their own costs of
the exchange. However, if the authorized officer finds it is in the
public interest, subject to the conditions and limitations specified in
paragraphs (b) and (c) of this section, an agreement to initiate an
exchange may provide that:
(1) One or more of the parties may assume, without compensation, all
or part of the costs or other responsibilities or requirements that the
authorized officer determines would ordinarily be borne by the other
parties; or
(2) The parties may agree to make adjustments to the relative values
involved in an exchange transaction in order to compensate parties for
assuming costs or other responsibilities or requirements that the
authorized officer determines would ordinarily be borne by the other
parties. These costs or services may include but are not limited to:
Land surveys, appraisals, mineral examinations, timber cruises, title
searches, title curative actions, cultural resource surveys and
mitigation,
[[Page 69]]
hazardous substance surveys and controls, removal of encumbrances,
arbitration including all fees, bargaining, cure of deficiencies
preventing highest and best use of the land, conduct of public hearings,
assemblage of non-Federal parcels from multiple ownerships, expenses of
complying with laws, regulations, and policies applicable to exchange
transactions, and expenses that are necessary to bring the Federal and
non-Federal lands involved in the exchange to their highest and best use
for appraisal and exchange purposes.
(b) The authorized officer may agree to assume without compensation
costs ordinarily borne under local custom or practice by the non-Federal
party or to compensate the non-Federal party for costs ordinarily borne
under local custom or practice by the United States but incurred by the
non-Federal party, but only when it is clearly in the public interest
and the authorized officer determines and documents that each of the
following circumstances exist:
(1) The amount of the cost assumed or compensation is reasonable and
accurately reflects the value of the goods and services received;
(2) The proposed exchange is a high priority of the agency;
(3) The land exchange must be expedited to protect important Federal
resource values, such as congressionally designated areas or endangered
species habitat;
(4) Cash equalization funds are available for compensating the non-
Federal party; and
(5) There are no other practicable means available to the authorized
officer of meeting Federal exchange processing costs, responsibilities,
or requirements.
(c) The total amount of adjustment agreed to as compensation for
costs incurred pursuant to this section shall not exceed the limitations
set forth in Sec. 2201.6 of this part.
Sec. 2201.2 Notice of exchange proposal.
(a) Upon entering into an agreement to initiate an exchange, the
authorized officer shall publish a notice once a week for 4 consecutive
weeks in newspapers of general circulation in the counties in which the
Federal and non-Federal lands or interests proposed for exchange are
located. The authorized officer shall notify authorized users,
jurisdictional State and local governments, and the congressional
delegation, and shall make other distribution of the notice as
appropriate. At a minimum, the notice shall include:
(1) The identity of the parties involved in the proposed exchange;
(2) A description of the Federal and non-Federal lands being
considered for exchange;
(3) A statement as to the effect of segregation from appropriation
under the public land laws and mineral laws, if applicable;
(4) An invitation to the public to submit in writing any comments on
or concerns about the exchange proposal, including advising the
authorized officer as to any liens, encumbrances, or other claims
relating to the lands being considered for exchange; and
(5) The deadline by which comments must be received, and the name,
title, and address of the official to whom comments must be sent.
(b) To be assured of consideration in the environmental analysis of
the proposed exchange, all comments shall be made in writing to the
authorized officer and postmarked or delivered within 45 days after the
initial date of publication.
(c) The authorized officer is not required to republish descriptions
of any lands excluded from the final exchange transaction, provided such
lands were identified in the notice of exchange proposal. In addition,
minor corrections of land descriptions and other insignificant changes
do not require republication.
Sec. 2201.3 Appraisals.
The Federal and non-Federal parties to an exchange shall comply with
the appraisal standards set forth in Secs. 2201.3-1 through 2201.3-4 of
this part and, to the extent appropriate, with the Department of Justice
``Uniform Appraisal Standards for Federal Land Acquisitions'' when
appraising the values of the Federal and non-Federal lands involved in
an exchange.
[[Page 70]]
Sec. 2201.3-1 Appraiser qualifications.
(a) A qualified appraiser(s) shall provide to the authorized officer
appraisals estimating the market value of Federal and non-Federal
properties involved in an exchange. A qualified appraiser may be an
employee or a contractor to the Federal or non-Federal exchange parties.
At a minimum, a qualified appraiser shall be an individual, approved by
the authorized officer, who is competent, reputable, impartial, and has
training and experience in appraising property similar to the property
involved in the appraisal assignment.
(b) Qualified appraisers shall possess qualifications consistent
with State regulatory requirements that meet the intent of title XI of
the Financial Institutions Reform, Recovery and Enforcement Act of 1989
(FIRREA) (12 U.S.C. 3331). In the event a State does not have approved
policies, practices and procedures regulating the activities of
appraisers, the Bureau of Land Management may establish appraisal
qualification standards commensurate with those adopted by other States
meeting the requirements of FIRREA.