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Bureau of Land Management, Interior
Group 2300-Withdrawals
PART 2300-LAND WITHDRAWALS
Subpart 2300-Withdrawals, General
Sec.2300.0-1 Purpose.2300.0-3 Authority.2300.0-5
Definitions.
Subpart 2310-Withdrawals, General:Procedure
2310.1 Procedures: General.2310.1-1 Preapplication
consultation.2310.1-2 Submission of applications.2310.1-3
Submission of withdrawal petitions.2310.1-4 Cancellation of
withdrawal applica-
tions or withdrawal proposals and denialof applications.
2310.2 Segregative effect of withdrawal ap-plications or
withdrawal proposals.
2310.2-1 Termination of segregative effect ofwithdrawal
applications or withdrawalproposals.
2310.3 Action on withdrawal applicationsand withdrawal
proposals, except foremergency withdrawals.
2310.3-1 Publication and public meeting re-quirements.
2310.3-2 Development and processing of thecase file for
submission to the Secretary.
2310.3-3 Action by the Secretary: Publicland orders and notices
of denial.
2310.3-4 Duration of withdrawals.2310.3-5 Compensation for
improvements.2310.3-6 Transfer of jurisdiction.2310.4 Review and
extensions of with-
drawals.2310.5 Special action on emergency with-
drawals.
Subpart 2320-Federal Energy RegulatoryCommission Withdrawals
2320.0-3 Authority.2320.1 Lands considered withdrawn or
clas-
sified for power purposes.2320.2 General determinations under
the
Federal Power Act.2320.3 Applications for restoration.
AUTHORITY: 43 U.S.C. 1201; 43 U.S.C. 1740;E.O. 10355 (17 FR
4831, 4833).
SOURCE: 46 FR 5796, Jan. 19, 1981, unlessotherwise noted.
Subpart 2300-Withdrawals,General
§ 2300.0-1 Purpose.(a) These regulations set forth proce-
dures implementing the Secretary ofthe Interior's authority to
process Fed-
§ 2300.0-3
eral land withdrawal applications and,where appropriate, to
make, modify orextend Federal land withdrawals. Pro-cedures for
making emergency with-drawals are also included.
(b) The regulations do not apply towithdrawals that are made by
the Sec-retary of the Interior pursuant to anact of Congress which
directs theissuance of an order by the Secretary.Likewise,
procedures applicable towithdrawals authorized under the Sur-face
Mining Control and ReclamationAct of 1977 (30 U.S.C. 1272(b);
1281), andprocedures relating to the Secretary'sauthority to
establish Indian reserva-tions or to add lands to the reserva-tions
pursuant to special legislation orin accordance with section 7 of
the Actof June 18, 1934 (25 U.S.C. 467), as sup-plemented by
section 1 of the Act ofMay 1, 1936 (25 U.S.C. 473a), are not
in-cluded in these regulations.
(c) General procedures relating to theprocessing of revocation
of withdrawalsand relating to the relinquishment ofreserved Federal
land areas are not in-cluded in this part.
§ 2300.0-3 Authority.
(a)(1) Section 204 of the Federal LandPolicy and Management Act
of 1976 (43U.S.C. 1714) gives the Secretary of theInterior general
authority to make,modify, extend or revoke withdrawals,but only in
accordance with the provi-sions and limitations of that
section.Among other limitations, the FederalLand Policy and
Management Act of1976 provides that the Secretary of theInterior
does not have authority to:
(i) Make, modify or revoke any with-drawal created by an Act of
Congress;
(ii) Make a withdrawal which can bemade only by an Act of
Congress;
(iii) Modify or revoke any withdrawalcreating national monuments
underthe Act of June 8, 1906 (16 U.S.C. 431-433), sometimes
referred to as the An-tiquities Act;
(iv) Modify or revoke any withdrawalwhich added lands to the
NationalWildlife Refuge System prior to Octo-ber 21, 1976, the date
of approval of theFederal Land Policy and ManagementAct of 1976 or
which thereafter addslands to that System under the termsof that
Act. In this connection, nothing
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43 CFR Ch. 11 (10-1-16 Edition)
in the Federal Land Policy and Man-agement Act of 1976 is
intended to mod-ify or change any provision of the Actof February
27, 1976 (16 U.S.C. 668dd(a)).
(2) Executive Order 10355 of May 26,1952 (17 FR 4831), confers
on the Sec-retary of the Interior all of the dele-gable authority
of the President tomake, modify and revoke withdrawalsand
reservations with respect to landsof the public domain and other
landsowned and controlled by the UnitedStates in the continental
United Statesor Alaska.
(3) The Act of February 28, 1958 (43U.S.C. 155-158), sometimes
referred toas the Engle Act, places on the Sec-retary of the
Interior the responsibilityto process Department of Defense
ap-plications for national defense with-drawals, reservations or
restrictionsaggregating 5,000 acres or more for anyone project or
facility. These with-drawals, reservations or restrictionsmay only
be made by an act of Con-gress, except in time of war or
nationalemergency declared by the President orthe Congress and
except as otherwiseexpressly provided in the Act of Feb-ruary 28,
1958.
(4) Section 302(b) of the Federal LandPolicy and Management Act
of 1976 (43U.S.C. 1732(b)) authorizes the Secretaryof the Interior
to regulate the manage-ment of the public lands as defined inthe
Act through instruments, such asmemorandum of understanding,
whichthe Secretary deems appropriate.
(5) Section 1326(a) of the Alaska Na-tional Interest Lands
Conservation Act(Pub. L. 96-487), authorizes the Presi-dent and the
Secretary to make with-drawals exceeding 5,000 acres, in
theaggregate, in the State of Alaska sub-ject to the provisions
that such with-drawals shall not become effectiveuntil notice is
provided in the FEDERALREGISTER and to both Houses of theCongress
and such withdrawals shallterminate unless Congress passes aJoint
Resolution of approval withinone year after the notice of
withdrawalhas been submitted to the Congress.
(b) The following references do notafford either withdrawal
applicationprocessing or withdrawal authority butare provided as
background informa-tion.
(1) Executive Order 6910 of November26, 1934, and E.O. 6964 of
February 5,1935, as modified, withdrew sizable por-tions of the
public lands for classifica-tion and conservation. These lands
andthe grazing districts estalished underthe Taylor Grazing Act of
1934, asamended, are subject to the classifica-tion and opening
procedures of section7 of the Taylor Grazing Act of June 28,1934,
as amended (43 U.S.C. 315f); how-ever, they are not closed to the
oper-ation of the mining or mineral leasinglaws unless separately
withdrawn orreserved, classified for retention fromdisposal, or
precluded from mineralleasing or mining location under
otherauthority.
(2) The Classification and MultipleUse Act of September 19, 1964
(43 U.S.C.1411-1418), authorized the Secretary ofthe Interior
through the Bureau ofLand Management for retention or dis-posal
under Federal ownership andmanagement. Numerous
classificationdecisions based upon this statutory au-thority were
made by the Secretary ofthe Interior. For the effect of
theseclassification with regard to the dis-posal and leasing laws
of the UnitedStates, see subparts 2440 and 2461 ofthis title.
(3) Section 202 of the Federal LandPolicy and Management Act of
1976 (43U.S.C. 1712) provides for land use plan-ning and resultant
management deci-sions which may operate to totallyeliminate a
particular land use, includ-ing one or more principal or major
uses,as defined in the Act. Withdrawalsmade pursuant to section 204
of theFederal Land Policy and ManagementAct of 1976 may be used in
appropriatecases, to carry out management deci-sions, except that
public lands, as de-fined in the Act, can be removed fromor
restored to the operation of the Min-ing Law of 1872, as amended,
or trans-ferred to another department, agencyor office, only by
withdrawal actionpursuant to section 204 of the FederalLand Policy
and Management Act of1976 or other action pursuant to appli-cable
law.
(4) The first proviso of section 302(b)of the Federal Land
Policy and Man-agement Act of 1976 (43 U.S.C. 1732(b))provides, in
part, that unless otherwiseprovided for by law, the Secretary
of
§ 2300.0-3
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Bureau of Land Management, Interior
the Interior may permit Federal de-partments and agencies to
use, occupyand develop public lands only throughrights-of-way under
section 507 of theAct (43 U.S.C. 1767); withdrawals undersection
204 of the Act (43 U.S.C. 1714);and, where the proposed use and
devel-opment are similar or closely relatedto the programs of the
Secretary forthe public lands involved, cooperativeagreements under
section 307(b) of theAct (43 U.S.C. 1737(b)).
(5) Section 701(c) of the Federal LandPolicy and Management Act
of 1976 (43U.S.C. 1701 note) provides that all with-drawals,
reservations, classificationsand designations in effect on
October21, 1976, the effective date of the Act,shall remain in full
force and effectuntil modified under the provisions ofthe Act or
other applicable law.
§ 2300.0-5 Definitions.
As used in this part, the term:(a) Secretary means the Secretary
of
the Interior or a secretarial officer sub-ordinate to the
Secretary who has beenappointed by the President by and withthe
advice and consent of the Senateand to whom has been delegated
theauthority of the Secretary to performthe duties described in
this part to beperformed by the Secretary.
(b) Authorized officer means any em-ployee of the Bureau of Land
Manage-ment to whom has been delegated theauthority to perform the
duties de-scribed in this part to be performed bythe authorized
officer.
(c) Act means the Federal Land Pol-icy and Management Act of
1976, asamended (43 U.S.C. 1701 et seq.), unlessotherwise
specified.
(d) Lands includes both upland andsubmerged land areas and any
right orinterest in such areas. To the extentprovided in section 1
of the Act of Feb-ruary 28, 1958 (43 U.S.C. 155), the termalso
includes offshore waters.
(e) Cultural resources means thosefragile and nonrenewable
physical re-mains of human activity found in dis-tricts, sites,
structures, burial mounds,petroglyphs, artifacts, objects,
ruins,works of art, architecture or naturalsettings or features
which were impor-tant to prehistoric, historic or otherland and
resource use events.
§ 2300.0-5
(f) Archeological areas/resources meanssites or areas containing
importantevidence or the physical remains offormer but now extinct
culturalgroups, their skeletons, settlements,implements, artifacts,
monuments andinscriptions.
(g) Resource use means a land usehaving as its primary objective
thepreservation, conservation, enhance-ment or development of:
(1) Any renewable or nonrenewablenatural resource indigenous to
a par-ticular land area, including, but notlimited to, mineral,
timber, forage,water, fish or wildlife resources, or
(2) Any resource value associatedwith a particular land area,
including,but not limited to, watershed, power,scenic, wilderness,
clean air or rec-reational values. The term does not in-clude
military or other governmentalactivities requiring land sites only
asan incidental means to achieving anend not related primarily to
the preser-vation, conservation, enhancement ordevelopment of
natural resources or re-source values indigenous to or associ-ated
with a particular land area.
(h) Withdrawal means withholding anarea of Federal land from
settlement,sale, location, or entry under some orall of the general
land laws, for thepurpose of limiting activities underthose laws in
order to maintain otherpublic values in the area or reservingthe
area for a particular public purposeor program; or transferring
jurisdictionover an area of Federal land, otherthan property
governed by the FederalProperty and Administrative ServicesAct (40
U.S.C. 472), from one depart-ment, bureau or agency to another
de-partment, bureau or agency.
(i) Department means a unit of theExecutive branch of the
Federal Gov-ernment which is headed by a memberof the President's
Cabinet.
(j) Agency means a unit of the Execu-tive branch of the Federal
Governmentwhich is not within a Department.
(k) Office means an office or bureauof the Department of the
Interior.
(1) Applicant means any Federal de-partment, agency or
office.
(m) Segregation means the removalfor a limited period, subject
to validexisting rights, of a specified area ofthe public lands
from the operation of
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§2310.1
the public land laws, including themining laws, pursuant to the
exerciseby the Secretary of regulatory author-ity to allow for the
orderly administra-tion of the public lands.
(n) Legal description means a writtenland description based upon
either anapproved and filed Federal land surveyexecuted as a part
of the United StatesPublic Land Survey System or, wherespecifically
authorized under Federallaw, upon a protraction diagram. In
theabsence of the foregoing, the termmeans a written description,
approvedby the authorized officer, which definesthe exterior
boundaries of a tract ofland by reference to a metes andbounds
survey or natural or othermonuments.
(o) Modify or modification does not in-clude, for the purposes
of section 204 ofthe Act (43 U.S.C. 1714), the addition oflands to
an existing withdrawal or thepartial revocation of a
withdrawal.
(p) Withdrawal petition means a re-quest, originated within the
Depart-ment of the Interior and submitted tothe Secretary, to file
an application forwithdrawal.
(q) Withdrawal proposal means a with-drawal petition approved by
the Sec-retary.
Subpart 2310-Withdrawals,
General: Procedure
§2310.1 Procedures: General.
(a) The basic steps leading up to themaking, modification or
extension of awithdrawal, except emergency with-drawals, are:
(1) Preapplication consultation;(2) Obtaining Secretarial
approval of
a withdrawal petition in appropriatecases;
(3) Submission for filing of an appli-cation for a requested
withdrawal ac-tion;
(4) Publication in the FEDERAL REG-ISTER of a notice stating
that a with-drawal proposal has been made or thatan application has
been submitted forfiling.
(5) Negotiations between the appli-cant and the authorized
officer as wellas the accomplishment of investiga-tions, studies
and analyses which maybe required to process an application.
43 CFR Ch. 11 (10-1-16 Edition)
(6) Preparation of the case file to beconsidered by the
Secretary, includingthe authorized officer's findings
andrecommendations;
(7) Transmittal of the case file to theDirector, Bureau of Land
Management,for the Director's review and decisionregarding the
findings and rec-ommendations of the authorized offi-cer;
(8) Transmittal of the case file to theSecretary.
(9) Publication of a public land orderor a notice of denial
signed by the Sec-retary. If the application seeks a na-tional
defense withdrawal that mayonly be made by an Act of Congress,the
Secretary will transmit to the Con-gress proposed legislation along
withthe Secretary's recommendations, anddocumentation relating
thereto.
§ 2310.1-1 Preapplication consultation.A potential applicant
should contact
the appropriate State office of the Bu-reau of Land Management
well in ad-vance of the anticipated submissiondate of an
application. Early consulta-tion can familiarize the potential
ap-plicant with the responsibilities of anapplicant, the authorized
officer andthe Secretary. Early consultation alsowill assist in
determining the need fora withdrawal, taking possible alter-natives
into account, increase the like-lihood that the applicant's needs
willbe considered in ongoing land use plan-ning, assist in
determining the extentto which any public lands that may beinvolved
would have to be segregated ifan application is submitted; and
resultin preliminary determinations regard-ing the scheduling of
various investiga-tions, studies, analyses, public meet-ings and
negotiations that may be re-quired for a withdrawal. Studies
andanalyses should be programmed to en-sure their completion in
sufficienttime to allow the Secretary or the Con-gress adequate
time to act on the ap-plication before the expiration of
thesegregation period.
§ 2310.1-2 Submission of applications.
(a) Applications for the making,modification or extension of a
with-drawal shall be submitted for filing, induplicate, in the
proper Bureau of LandManagement office, as set forth in
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Bureau of Land Management, Interior
§1821.2-1 of this title, except for emer-gency withdrawal
requests and applica-tions that are classified for national
se-curity reasons. Requests for emergencywithdrawals and
applications that areclassified for national security reasonsshall
be submitted, in duplicate, in theOffice of the Secretary,
Department ofthe Interior, Washington, D.C. 20240.
(b) Before the authorized officer cantake action on a withdrawal
proposal,a withdrawal application in supportthereof shall be
submitted. The appli-cation may be submitted simulta-neously with
the making of a with-drawal proposal, in which case only thenotice
required by §2310.3-1(a) of thistitle, referencing both the
applicationand the withdrawal proposal, shall bepublished.
(c) No specific form is required, but,except as otherwise
provided in §2310.3-6(b) of this title, the application
shallcontain at least the following informa-tion:
(1) The name and address of the ap-plicant. Where the
organization intend-ing to use the lands is different fromthe
applicant, the name and address ofsuch using agency shall also be
in-cluded.
(2) If the applicant is a department oragency other than the
Department ofthe Interior or an office thereof, astatement of the
delegation or delega-tions of authority of the official actingon
behalf of the department or agencysubmitting the application,
substan-tiating that the official is empoweredto act on behalf of
the head of the de-partment or agency in connection withall matters
pertaining to the applica-tion.
(3) If the lands which are subject toan application are wholly
or partiallyunder the administration of any de-partment or agency
other than the De-partment of the Interior, the Secretaryshall make
or modify a withdrawalonly with the consent of the head ofthe
department or agency concerned,except in the case of an
emergencywithdrawal. In such case, a copy of thewritten consent
shall accompany theapplication. The requirements of sec-tion (e) of
E.O. 10355 (17 FR 4831), shallbe complied with in those
instances,where the Order applies.
§ 2310.1-2
(4) The type of withdrawal actionthat is being requested (See §
2300.0-5(h)of this title) and whether the applica-tion pertains to
the making, extensionor modification of a withdrawal.
(5) A description of the lands in-volved in the application,
which shallconsist of the following:
(i) A legal description of the entireland area that falls within
the exteriorboundaries of the affected area and thetotal acreage of
such lands;
(ii) A legal description of the lands,Federal or otherwise,
within the exte-rior boundaries that are to be exceptedfrom the
requested action, and afterdeducting the total acreage of all
theexcepted lands, the net remaining acre-age of all Federal lands
(as well as allnon-Federal lands which, if they shouldbe returned
to or should pass to Fed-eral ownership, would become subjectto the
withdrawal) within the exteriorboundaries of the affected land
areas;
(iii) In the case of a national defensewithdrawal which can only
be made byan Act of Congress, sections 3(2) and3(3) of the Act of
February 28, 1958 (43U.S.C. 157 (2), (3)) shall be compliedwith in
lieu of paragraphs (c)(5) (i) and(ii) of this section.
(6) If the application is for a with-drawal that would overlap,
or thatwould add lands to one or more exist-ing withdrawals, the
application shallalso contain:
(i) An identification of each of theexisting withdrawals,
including theproject name, if any, the date of thewithdrawal order,
the number and typeof order, if known, or, in lieu of theforegoing,
a copy of the order;
(ii) As to each existing withdrawalthat would be overlapped by
the re-quested withdrawal, the total area anda legal description of
the area thatwould be overlapped; and
(iii) The total acreage, Federal orotherwise, that would be
added to theexisting withdrawal, if the new applica-tion is
allowed.
(7) The public purpose or statutoryprogram for which the lands
would bewithdrawn. If the purpose or programfor which the lands
would be with-drawn is classified for national secu-rity reasons, a
statement to that effectshall be included; but, if at all
possible,a general description of the use to
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43 CFR Ch. 11 (10-1-16 Edition)
which the lands would be devoted, ifthe requested withdrawal is
allowed,should be included. In the case of appli-cations that are
not classified for na-tional security reasons, an analysis ofthe
manner in which the lands as wellas their natural resources and
resourcevalues would be used to implement thepurpose or program
shall be provided.
(8) The extent to which the lands em-braced in the application
are requestedto be withheld from settlement, sale,location or entry
under the public landlaws, including the mining laws, to-gether
with the extent to which, andthe time during which, the lands
in-volved in the application would be tem-porarily segregated in
accordance with§ 2310.2 of this subpart.
(9) The type of temporary land usethat, at the discretion of the
author-ized officer, may be permitted or al-lowed during the
segregation period, inaccordance with §2310.2 of this subpart.
(10) An analysis and explanation ofwhy neither a right-of-way
under sec-tion 507 of the Act (43 U.S.C. 1767), nora cooperative
agreement under sec-tions 302(b) (43 U.S.C. 1732(b)) and 307(b)(43
U.S.C. 1737(b)) of the act would ade-quately provide for the
proposed use.
(11) The duration of the withdrawal,with a statement in
justification there-of (see §2310.3-4 of this title). Where
anextension of an existing withdrawal isrequested, its duration may
not exceedthe duration of the existing with-drawal.
(12) A statement as to whether anysuitable alternative sites are
availablefor the proposed use or for uses whichthe requested
withdrawal action woulddisplace. The statement shall include astudy
comparing the projected costs ofobtaining each alternative site in
suit-able condition for the intended use, aswell as the projected
costs of obtainingand developing each alternative sitefor uses that
the requested withdrawalaction would displace.
(13) A statement as to whether waterwill or will not be needed
to fulfill thepurpose of the requested withdrawalaction.
(14) The place where records relatingto the application can be
examined byinterested persons.
(d) Except in the case of an emer-gency withdrawal, if the
preceding ap-
plication requirements have not beenmet, or if an application
seeks an ac-tion that is not within the scope of theSecretary's
authority, the applicationmay be rejected by the authorized
offi-cer as a defective application.
§2310.1-3 Submission of withdrawal
petitions.
(a) Withdrawal petitions shall be sub-mitted to the Director,
Bureau of LandManagement, for transmittal to theSecretary.
(b) No specific form is required, butthe petition shall contain
at least thefollowing information:
(1) The office originating the peti-tion;
(2) The type and purpose of the pro-posed withdrawal action (See
§2300.0-5(h) of this title) and whether the peti-tion pertains to
the making, extensionor modification of a withdrawal;
(3) A legal description of the entireland area that falls within
the exteriorboundaries affected by the petition, to-gether with the
total acreage of suchlands, and a map of the area;
(4) The extent to which and the timeduring which any public
lands thatmay be involved in the petition wouldbe temporarily
segregated and the tem-porary land uses that may be per-mitted
during the segregation period,in accordance with §2310.2 of this
title;and
(5) A preliminary identification ofthe mineral resources in the
area.
(c) Except in the case of petitionsseeking emergency
withdrawals, if apetition is submitted simultaneouslywith a
withdrawal application, the in-formation requirements pertaining
towithdrawal applications (See §2310.1-2of this title), shall
supersede the re-quirements of this section.
(d) If a petition seeks an emergencywithdrawal under the
provisions of sec-tion 204(e) of the act, the petition shallbe
filed simultaneously with an appli-cation for withdrawal. In such
in-stances, the petition/application shallprovide as much of the
information re-quired by §§2310.1-2(c) and 2310.3-2(b) ofthis title
as is available to the peti-tioner when the petition is
submitted.
(e) Upon the approval by the Sec-retary of a petition for
withdrawal, the
§ 2310.1-3
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Bureau of Land Management, Interior
petition shall be considered as a Secre-tarial proposal for
withdrawal, and no-tice of the withdrawal proposal shall
bepublished immediately in the FEDERALREGISTER in accordance with
§2310.3-1(a) of this title. If a petition whichseeks an emergency
withdrawal is ap-proved by the Secretary, the publica-tion and
notice provisions pertainingto emergency withdrawals shall be
ap-plicable. (See § 2310.5 of this title.)
§ 2310.1-4 Cancellation of withdrawalapplications or withdrawal
pro-posals and denial of applications.
(a) Withdrawal or extension applica-tions and proposals shall be
amendedpromptly to cancel the application orproposal, in whole or
in part, with re-spect to any lands which the applicant,in the case
of applications, or the of-fice, in the case of proposals,
deter-mines are no longer needed in connec-tion with a requested or
proposed ac-tion. The filing of a cancellation noticein each such
case shall result in thetermination of the segregation of thepublic
lands that are to be eliminatedfrom the withdrawal application
orwithdrawal proposal. (See §2310.2-1 ofthis title)
(b) The Secretary may deny an appli-cation if the costs (as
defined in sec-tion 304(b) of the Act (43 U.S.C. 1734(b)).estimated
to be incurred by the De-partment of the Interior would, in
thejudgment of the Secretary, be exces-sive in relation to
available funds ap-propriated for processing applicationsrequesting
a discretionary withdrawal,or a modification or extension of
awithdrawal.
§ 2310.2 Segregative effect of with-drawal applications or
withdrawalproposals.
The following provisions apply onlyto applications or proposals
to with-draw lands and not to applications orproposals seeking to
modify or extendwithdrawals.
(a) Withdrawal applications or with-drawal proposals submitted
on or afterOctober 21, 1976. Within 30 days of thesubmission for
filing of a withdrawalapplication, or whenever a withdrawalproposal
is made, a notice stating thatthe application has been submitted
orthat the proposal has been made, shall
§ 2310.2
be published in the FEDERAL REGISTERby the authorized officer.
Publicationof the notice in the FEDERAL REGISTERshall segregate the
lands described inthe application or proposal from settle-ment,
sale, location or entry under thepublic land laws, including the
mininglaws, to the extent specified in the no-tice, for 2 years
from the date of publi-cation of the notice unless the segrega-tive
effect is terminated sooner in ac-cordance with the provisions of
thispart. The notices published pursuant tothe provisions of this
section shall bethe same notices required by §2310.3-1of this
title. Publication of a notice ofa withdrawal application that is
basedon a prior withdrawal proposal, noticeof which was published
in the FEDERALREGISTER, shall not operate to extendthe segregation
period which com-menced upon the publication of theprior withdrawal
proposal.
(b) Withdrawal applications submittedbefore October 21, 1976.
The public landsdescribed in a withdrawal applicationfiled before
October 21, 1976, shall re-main segregated through October 20,1991,
from settlement, sale, location orentry under the public land laws,
in-cluding the mining laws, to the extentspecified in the FEDERAL
REGISTER no-tice or notices that pertain to the ap-plication,
unless the segregative effectof the application is terminated
soonerin accordance with other provisions ofthis part. Any
amendment made on orafter October 21, 1976, of a
withdrawalapplication submitted before October21, 1976, for the
purpose of adding Fed-eral lands to the lands described in
aprevious application, shall require thepublication in the FEDERAL
REGISTER,within 30 days of receipt of the amend-ed application, of
a notice of theamendment of the withdrawal applica-tion. All of the
lands described in theamended application which includesthose lands
described in the originalapplication shall be segregated for 2years
from the date of publication ofthe notice of the amended
applicationin the FEDERAL REGISTER.
(c) Applications for licenses, permits,cooperative agreements or
other dis-cretionary land use authorizations of atemporary nature
that are filed on orafter October 21, 1976, regarding landsinvolved
in a withdrawal application or
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§ 2310.2-1
a withdrawal proposal and that arelisted in the notices required
by§2310.3-2 of this title as permissibleduring the segregation
period, may beapproved by the authorized officerwhile the lands
remain segregated.
(d) Except as provided in paragraph(c) of this section,
applications for theuse of lands involved in a
withdrawalapplication or a withdrawal proposal,the allowance of
which is discre-tionary, shall be denied.
(e) The temporary segregation oflands in connection with a
withdrawalapplication or a withdrawal proposalshall not affect in
any respect Federalagency administrative jurisdiction ofthe lands,
and the segregation shall nothave the effect of authorizing or
per-mitting any use of the lands by the ap-plicant or using
agency.
§2310.2-1 Termination of the segrega-tive effect of withdrawal
applica-tions or withdrawal proposals.
(a) The publication in the FEDERALREGISTER of an order allowing
a with-drawal application, in whole or in part,shall terminate the
segregative effectof the application as to those landswithdrawn by
the order.
(b) The denial of a withdrawal appli-cation, in whole or in
part, shall resultin the termination of the segregativeeffect of
the application or proposal asto those lands where the withdrawal
isdisallowed. Within 30 days followingthe decision to disallow the
applicationor proposal, in whole or in part, the au-thorized
officer shall publish a noticein the FEDERAL REGISTER specifyingthe
reasons for the denial and the datethat the segregative period
terminated.The termination date of the segrega-tion period shall be
noted promptly onthe public land status records on or be-fore the
termination date.
(c) The cancellation, in whole or inpart, of a withdrawal
application or awithdrawal proposal shall result in thetermination
of the segregative effect ofthe application or proposal, as to
thoselands deleted from the application orproposal. The authorized
officer shallpublish a notice in the FEDERAL REG-ISTER, within 30
days following the dateof receipt of the cancellation, speci-fying
the date that the segregation ter-minated. The termination date of
the
43 CFR Ch. 11 (10-1-16 Edition)
segregation shall be noted promptly onthe public land status
records. If thecancellation applies to only a portionof the public
lands that are describedin the withdrawal application or
with-drawal proposal, then the lands thatare not affected by the
cancellationshall remain segregated.
(d) The segregative effect resultingfrom the publication on or
after Octo-ber 21, 1976, of a FEDERAL REGISTER no-tice of the
submission of a withdrawalapplication or the making of a
with-drawal proposal shall terminate 2 yearsafter the publication
date of the FED-ERAL REGISTER notice unless the seg-regation is
terminated sooner by otherprovisions of this section. A
noticespecifying the date and time of termi-nation shall be
published in the FED-ERAL REGISTER by the authorized offi-cer 30
days in advance of the termi-nation date. The public land
statusrecords shall be noted as to the termi-nation date of the
segregation periodon or before the termination date.Such a
termination shall not affect theprocessing of the withdrawal
applica-tion.
(e) The segregative effect resultingfrom the submission of a
withdrawalapplication or withdrawal proposal be-fore October 21,
1976, shall terminateon October 20, 1991, unless the segrega-tion
is terminated sooner by other pro-visions of this part. A notice
specifyingthe date and time of termination shallbe published in the
FEDERAL REGISTERby the authorized officer 30 days in ad-vance of
October 20, 1991. The publicland status records shall be noted as
tothe termination date of the segregationperiod on or before
October 20, 1991.
§ 2310.3 Action on withdrawal applica-tions and withdrawal
proposals, ex-cept for emergency withdrawals.
§ 2310.3-1 Publication and public
meeting requirements.
(a) When a withdrawal proposal ismade, a notice to that effect
shall bepublished immediately in the FEDERALREGISTER. The notice
shall contain theinformation required by §2310.1-3 ofthis title. In
the event a withdrawal pe-tition, which subsequently becomes
awithdrawal proposal, is submitted si-multaneously with a
withdrawal appli-cation, the information requirements
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Bureau of Land Management, Interior
for notices pertaining to withdrawalapplications (See paragraph
(b) of thissection) shall supersede the informa-tion requirements
of this paragraph.However, in such instances, the noticerequired by
paragraph (b) of this sec-tion shall be published
immediatelywithout regard to the 30-day period al-lowed for the
filing for publication inthe FEDERAL REGISTER of
withdrawalapplication notices.
(b)(1) Except for emergency with-drawals and except as otherwise
pro-vided in paragraph (a) of this section,within 30 days of the
submission for fil-ing of a withdrawal, extension or modi-fication
application, the authorized of-ficer shall publish in the FEDERAL
REG-ISTER a notice to that effect. The au-thorized officer also
shall publish thesame notice in at least one newspaperhaving a
general circulation in the vi-cinity of the lands involved and,
withthe cooperation and assistance of theapplicant, when
appropriate, shall pro-vide sufficient publicity to inform
theinterested public of the requested ac-tion.
(2) The notice shall contain, in sum-mary form, the information
requiredby §2310.1-2 of this title, except thatthe authorized
officer may exclude theinformation required by §2310.1-2(c)(2)of
this title, and as much of the de-scriptive information required
by§2310.1-2(c) (5) and (6) of this title asthe authorized officer
considers appro-priate. The notice shall:
(i) Provide a legal description of thelands affected by the
application, to-gether with the total acreage of suchlands;
(ii) Specify the extent to which andthe time during which any
lands thatmay be involved may be segregated inaccordance with
§2310.2 of this title;
(iii) Identify the temporary land usesthat may be permitted or
allowed dur-ing the segregation period as providedfor in §
2310.2(c) of this title;
(iv) Provide for a suitable period of atleast 90 days after
publication of thenotice, for public comment on the re-quested
action;
(v) Solicit written comments fromthe public as to the requested
actionand provide for one or more publicmeetings in relation to
requested ac-tions involving 5,000 or more acres in
§ 2310.3-1
the aggregate and; as to requested ac-tions involving less than
5,000 acres, so-licit and evaluate the written com-ments of the
public as to the requestedaction and as to the need for
publicmeetings;
(vi) State, in the case of a nationaldefense withdrawal which
can only bemade by an Act of Congress, that if thewithdrawal is to
be made, it will bemade by an Act of Congress;
(vii) Provide the address of the Bu-reau of Land Management
office inwhich the application and the case filepertaining to it
are available for publicinspection and to which the writtencomments
of the public should be sent;
(viii) State that the application willbe processed in accordance
with theregulations set forth in part 2300 of thistitle;
(ix) Reference, if appropriate, theFEDERAL REGISTER in which the
noticeof a withdrawal proposal, if any, per-taining to the
application was pub-lished previously;
(x) Provide such additional informa-tion as the authorized
officer deemsnecessary or appropriate.
(c)(1) In determining whether a pub-lic meeting will be held on
applicationsinvolving less than 5,000 acres of land,the authorized
officer shall considerwhether or not:
(i) A large number of persons haveexpressed objections to or
suggestionsregarding the requested action;
(ii) The objections or suggestions ex-pressed appear to have
merit withoutregard to the number of persons re-sponding;
(iii) A public meeting can effectivelydevelop information which
would oth-erwise be difficult or costly to accumu-late;
(iv) The requested action, because ofthe amount of acreage
involved, the lo-cation of the affected lands or otherrelevant
factors, would have an impor-tant effect on the public, as for
exam-ple, the national or regional economy;
(v) There is an appreciable public in-terest in the lands or
their use, as indi-cated by the records of the Bureau ofLand
Management;
(vi) There is prevailing public opin-ion in the area that favors
public meet-ings or shows particular concern overwithdrawal
actions; and
-
43 CFR Ch. 11 (10-1-16 Edition)
(vii) The applicant has requested apublic meeting.
(2) A public meeting, whether re-quired or determined by the
authorizedofficer to be necessary, shall be held ata time and place
convenient to the in-terested public, the applicant and
theauthorized officer. A notice stating thetime and place of the
meeting, shall bepublished in the FEDERAL REGISTERand in at least
one newspaper having ageneral circulation in the vicinity oflands
involved in the requested action,at least 30 days before the
scheduleddate of the meeting.
§ 2310.3-2 Development and processingof the case file for
submission to theSecretary.
(a) Except as otherwise provided in§2310.3-6(b) of this title,
the informa-tion, studies, analyses and reportsidentified in this
paragraph that are re-quired by applicable statutes, or whichthe
authorized officer determines to berequired for the Secretary or
the Con-gress to make a decision or rec-ommendation on a requested
with-drawal, shall be provided by the appli-cant. The authorized
officer shall assistthe applicant to the extent the author-ized
officer considers it necessary orappropriate to do so. The
qualificationsof all specialists utilized by either theauthorized
officer or the applicant toprepare the information, studies,
anal-yses and reports shall be provided.
(b) The information, studies, anal-yses and reports which, as
appropriate,shall be provided by the applicant shallinclude:
(1) A report identifying the presentusers of the lands involved,
explaininghow the users will be affected by theproposed use and
analyzing the mannerin which existing and potential re-source uses
are incompatible with orconflict with the proposed use of thelands
and resources that would be af-fected by the requested action. The
re-port shall also specify the provisionsthat are to be made for,
and an eco-nomic analysis of, the continuation, al-teration or
termination of existinguses. If the provisions of §2310.3-5 ofthis
title are applicable to the proposedwithdrawal, the applicant shall
alsofurnish a certification that the require-ments of that section
shall be satisfied
promptly if the withdrawal is allowedor authorized.
(2) If the application states that theuse of water in any State
will be nec-essary to fulfill the purposes of the re-quested
withdrawal, extension or modi-fication, a report specifying that
theapplicant or using agency has acquired,or proposes to acquire,
rights to theuse of the water in conformity with ap-plicable State
laws and procedures re-lating to the control, appropriation,use and
distribution of water, orwhether the withdrawal is intended
toreserve, pursuant to Federal law, suffi-cient unappropriated
water to fulfillthe purposes of the withdrawal. Watershall be
reserved pursuant to Federallaw for use in carrying out the
pur-poses of the withdrawal only if specifi-cally so stated in the
relevant with-drawal order, as provided in § 2310.3-3(b)of this
title and only to the extentneeded for the purpose or purposes
ofthe withdrawal as expressed in thewithdrawal order. The applicant
shallalso provide proof of notification of theinvolved State's
department of waterresources when a land use needed tocarry out the
purposes of the requestedwithdrawal will involve utilization ofthe
water resources in a State. As acondition to the allowance of an
orderreserving water, the applicant shallcertify to the Secretary
that it shallquantify the amount of water to be re-served by the
order.
(3) An environmental assessment, anenvironmental impact
statement orany other documents as are needed tomeet the
requirements of the NationalEnvironmental Policy Act of 1969
(42U.S.C. 4332(2)(C)), and the regulationsapplicable thereto. The
authorized offi-cer shall participate in the develop-ment of
environmental assessments orimpact statements. The applicant
shalldesignate the Bureau of Land Manage-ment as a cooperating
agency and shallcomply with the requirements of theregulations of
the Council on Environ-mental Quality. The Bureau of LandManagement
shall, at a minimum,independently evaluate and review thefinal
product. The following itemsshall either be included in the
assess-ment or impact statement, or theymay be submitted
separately, with ap-propriate cross references.
§ 2310.3-2
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Bureau of Land Management, Interior
(i) A report on the identification ofcultural resources prepared
in accord-ance with the requirements of 36 CFRpart 800, and other
applicable regula-tions.
(ii) An identification of the roadlessareas or roadless islands
having wilder-ness characteristics, as described in theWilderness
Act of 1964 (16 U.S.C. 1131, etseq.), which exist within the area
cov-ered by the requested withdrawal ac-tion.
(iii) A mineral resource analysis pre-pared by a qualified
mining engineer,engineering geologist or geologistwhich shall
include, but shall not belimited to, information on: General
ge-ology, known mineral deposits, pastand present mineral
production, min-ing claims, mineral leases, evaluationof future
mineral potential and presentand potential market demands.
(iv) A biological assessment of anylisted or proposed endangered
orthreatened species, and their criticalhabitat, which may occur on
or in thevicinity of the involved lands, preparedin accordance with
the provisions ofsection 7 of the Endangered SpeciesAct of 1973, as
amended (16 U.S.C. 1536),and regulations applicable thereto, ifthe
Secretary determines that assess-ment is required by law.
(v) An analysis of the economic im-pact of the proposed uses and
changesin use associated with the requestedaction on individuals,
local commu-nities, State and local government in-terests, the
regional economy and theNation as a whole.
(vi) A statement as to the extent andmanner in which the public
partici-pated in the environmental reviewprocess.
(4) A statement with specific sup-porting data, as to:
(i) Whether the lands involved arefloodplains or are considered
wetlands;and
(ii) Whether the existing and pro-posed uses would affect or be
affectedby such floodplains or wetlands and, ifso, to what degree
and in what manner.The statement shall indicate whether,if the
requested action is allowed, itwill comply with the provisions of
Ex-ecutive Orders 11988 and 11990 of May24, 1977 (42 FR 26951;
26961).
§ 2310.3-2
(5) A statement of the consultationwhich has been or will be
conductedwith other Federal departments oragencies; with regional,
State and localGovernment bodies; and with individ-uals and
nongovernmental groups re-garding the requested action.
(c) Prior to final action being takenin connection with an
application, theapplicant shall prepare, with the guid-ance and
participation of the author-ized officer, and subject to the
approvalof the authorized officer, the Secretaryand other affected
departments, agen-cies or offices, a resource managementplan and
implementation program re-garding the use and management ofany
public lands with their related re-sources uses. Consideration
shall begiven to the impact of the proposedreservation on access to
and the use ofthe land areas that are located in thevicinity of the
lands proposed to bewithdrawn. Where appropriate, theplan and
program will be implementedby means of a memorandum of
under-standing between the affected agencies.Any allocation of
jurisdiction betweenthe agencies shall be effected in thepublic
land order or legislation. Inthose cases where the Secretary,
actingthrough the Bureau of Land Manage-ment, would continue to
exercise par-tial jurisdiction, resource managementof withdrawn
areas may be governed bythe issuance of management decisionsby the
Bureau of Land Management toimplement land use plans developed
orrevised under the land use planning re-quirements of section 202
of the Act (43U.S.C. 1712).
(d) In regard to national defensewithdrawals that can only be
made byan Act of Congress, and to the extentthat they are not
otherwise satisfiedby the information, studies, analysesand reports
provided in accordancewith the provisions of this section,
theprovisions of section 3(7) of the Act ofFebruary 28, 1958 (43
U.S.C. 157(7)), shallbe complied with.
(e) The authorized officer shall de-velop preliminary findings
and rec-ommendations to be submitted to theSecretary, advise the
applicant of thefindings and recommendations, andprovide the
applicant an opportunityto discuss any objections thereto whichthe
applicant may have.
-
43 CFR Ch. 11 (10-1-16 Edition)
(f) Following the discussion process,or in the absence thereof,
the author-ized officer shall prepare the findings,keyed
specifically to the relevant por-tions of the case file, and the
rec-ommendations to the Secretary in con-nection with the
application. The au-thorized officer also shall prepare,
forconsideration by the Secretary, a pro-posed order or notice of
denial. In thecase of a national defense withdrawalwhich can only
be made by an Act ofCongress, the authorized officer shallprepare,
with the cooperation of theapplicant, a draft legislative
proposalto implement the applicant's with-drawal request, together
with proposedrecommendations for submission bythe Secretary to the
Congress. Thefindings and recommendations of theauthorized officer,
and the other docu-ments previously specified in this sec-tion to
be prepared by the authorizedofficer shall be made a part of the
casefile. The case file shall then be sent tothe Director, Bureau
of Land Manage-ment. At the same time, a copy of thefindings and
recommendations of theauthorized officer shall be sent to
theapplicant.
(1) If the applicant objects to the au-thorized officer's
findings and rec-ommendations to the Secretary, theapplicant may,
within 30 days of the re-ceipt by the applicant of
notificationthereof, state its objections in writingand request the
Director to review theauthorized officer's findings and
rec-ommendations. The applicant shall beadvised of the Director's
decision with-in 30 days of receipt of the applicant'sstatement of
objections in the Bureauof Land Management's Washington of-fice.
The applicant's statement of ob-jections and the Director's
decisionshall be made a part of the case file andthereafter the
case file shall be sub-mitted to the Secretary.
(2) If the applicant disagrees with thedecision of the Director,
Bureau ofLand Management, the applicant may,within 30 days of
receipt by the appli-cant of the Director's decision, submitto the
Secretary a statement of rea-sons for disagreement. The
statementshall be considered by the Secretarytogether with the
findings and rec-ommendations of the authorized offi-cer, the
applicant's statement of objec-
tions, the decision of the Director, thebalance of the case file
and such addi-tional information as the Secretarymay request.
§ 2310.3-3 Action by the Secretary:Public land orders and
notices ofdenial.
(ai Except for national defense with-drawals which can only be
made by anAct of Congress, and except as may beotherwise provided
in section l(d) ofExecutive Order 10355 (17 FR 4833),
forapplications that are subject to thatorder, the allowance or
denial, in wholeor in part, of a withdrawal; modifica-tion or
extension application, may onlybe made by the Secretary.
(b)(1) Before the allowance of an ap-plication, in whole or in
part, the Sec-retary shall first approve all applicablememoranda of
understanding and theapplicant shall make all
certificationsrequired in this part. When an applica-tion has been
finally allowed, in wholeor in part, by the Secretary, an orderto
that effect shall be publishedpromptly in the FEDERAL REGISTER.Each
order shall be designated as, andshall be signed by the Secretary
andissued in the form of, a public landorder. Water shall be
reserved pursuantto Federal law for use in carrying outthe purposes
of the withdrawal only ifspecifically so stated in the
relevantpublic land order. In appropriate cases,the public land
order also shall refer tothe memorandum of understanding dis-cussed
in §2310.3-2(c) of this title andshall be drawn to comply with
§2310.3-6 of this title.
(2) On the same day an order with-drawing 5,000 or more acres in
the ag-gregate is signed, the Secretary shalladvise, in writing,
each House of theCongress, or in the case of an emer-gency
withdrawal, the appropriateCommittee of each House, of the
with-drawal action taken. Pursuant to theSecretary's authority
under the act,the notices that are sent to the Con-gress shall be
accompanied by the in-formation required by section 204(c)(2)of the
Act (43 U.S.C. 1714(c)(2)), exceptin the case of an emergency
with-drawal, transmittal of the required in-formation may be
delayed as providedin § 2310.5(c) of this title.
§ 2310.3-3
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Bureau of Land Management, Interior
(c) When the action sought in an ap-plication involves the
exercise by theSecretary of authority delegated byExecutive Order
10355 (17 FR 4831) andthe Secretary denies the application inwhole
or in part, the applicant shall benotified of the reasons for the
Sec-retary's decision. The decision shall besubject to further
consideration only ifthe applicant informs the Secretary,
inwriting, within 15 days of the receiptby the applicant of the
Secretary's de-cision, that the applicant has sub-mitted the matter
to the Office of Man-agement and Budget for considerationand
adjustment, as provided for in sec-tion l(d) of the Executive
Order.
(d) A withdrawal application shall bedenied, if, in the opinion
of the Sec-retary, the applicant is attempting tocircumvent the
Congressional reviewprovisions of section 204(c)(1) of the Act(43
U.S.C. 1714(c)(1)) concerning with-drawals of 5,000 or more acres
in theaggregate.
(e) When an application is denied inits entirety by the
Secretary, a noticeto that effect, signed by the Secretary,shall be
published promptly in the FED-ERAL REGISTER.
(f) In the case of a national defensewithdrawal that may only be
made byan Act of Congress, the Secretary shalltransmit to the
Congress proposed leg-islation effecting the withdrawal re-quested,
together with the rec-ommendations of the Secretary whichmay or may
not support the proposedlegislation in whole or in part. The
pro-posed legislation shall contain suchprovisions for continued
operation ofthe public land laws as to the publicland areas
included in the requestedwithdrawal as shall be determined bythe
Secretary to be compatible withthe intended military use.
§ 2310.3-4 Duration of withdrawals.(a) An order initially
withdrawing
5,000 or more acres of land in the aggre-gate, on the basis of
the Secretary'sauthority under section 204 of the Act(43 U.S.C.
1714), may be made for a pe-riod not to exceed 20 years from
thedate the order is signed, except thatwithdrawals exceeding 5,000
acres inthe State of Alaska shall not becomeeffective until notice
is provided in theFEDERAL REGISTER and to both Houses
§ 2310.3-5
of Congress. All orders withdrawing5,000 or more acres in the
aggregateshall be subject to the Congressionalreview provision of
section 204(c) of theAct (43 U.S.C. 1714(c)), except as
fol-lows:
(1) A National Wildlife Refuge Sys-tem withdrawal may not be
terminatedas provided in section 204(c)(1) of theAct (43 U.S.C
1714(c)(1)) other than byan Act of Congress; or
(2) A withdrawal exceeding 5,000 acresin the State of Alaska
shall terminateunless Congress passes a Joint Resolu-tion of
approval within 1 year after thenotice of such withdrawal has
beensubmitted to the Congress.
(b) An order initially withdrawingless than 5,000 acres of land,
in the ag-gregate, on the basis of the Secretary'sauthority under
section 204 of the Act(43 U.S.C. 1714), may be made:
(1) For such time as the Secretary de-termines desirable for a
resource use;
(2) For not more than 20 years forany other use, including, but
not lim-ited to, the use of lands for non-re-source uses, related
administrativesites and facilities or for other propri-etary
purposes; or
(3) For not more than 5 years to pre-serve the lands for a
specific use thenunder consideration by either House
ofCongress.
(c) An order withdrawing lands onthe basis of an emergency as
providedfor in section 204(e) of the Act (43U.S.C. 1714(e)) may be
made for notmore than 3 years.
(d) Except for emergency with-drawals, withdrawals of specific
dura-tion may be extended, as provided forin § 2310.4 of this
title.
§ 2310.3-5 Compensation for improve-
ments.
(a) When an application is allowed,the applicant shall
compensate theholder of record of each permit, licenseor lease
lawfully terminated or re-voked after the allowance of an
appli-cation, for all authorized improve-ments placed on the lands
under theterms and conditions of the permit, li-cense or lease,
before the lands weresegregated or withdrawn. The amountof such
compensation shall be deter-mined by an appraisal as of the date
of
-
43 CFR Ch. II (10-1-16 Edition)
revocation or termination of the per-mit, license or lease, but
shall not ex-ceed fair market value. To the extentsuch improvements
were constructedwith Federal funds, they shall not becompensable
unless the United Stateshas been reimbursed for such fundsprior to
the allowance of the applica-tion and then only to the extent of
thesum that the United States has re-ceived.
(b) When an application is allowedthat affects public lands
which are sub-ject to permits or leases for the grazingof domestic
livestock and that is re-quired to be terminated, the
applicantshall comply with the cancellation no-tice and
compensation requirements ofsection 402(g) of the Act (43
U.S.C.1752(g)), to the extent applicable.
§ 2310.3-6 Transfer of jurisdiction.A public land order that
reserves
lands for a department, agency or of-fice, shall specify the
extent to whichjurisdiction over the lands and their re-lated
resource uses will be exercised bythat department, agency or
office. (See§2310.3-2(c) of this title).
§ 2310.4 Review and extensions ofwithdrawals.
(a) Discretionary withdrawals of spe-cific duration, whether
made prior toor after October 21, 1976, shall be re-viewed by the
Secretary commencingat least 2 years before the expirationdate of
the withdrawal. When re-quested, the department, agency or of-fice
benefitting from the withdrawalshall promptly provide the
Secretarywith the information required by§2310.1-2(c) of this
title, and the infor-mation required by §2310.3-2(b) of thistitle,
in the form of a withdrawal ex-tension application with
supplementalinformation. If the concerned depart-ment, agency or
office is delinquent inresponding to such request, thedeliquency
shall constitute a groundfor not extending the withdrawal.
Suchwithdrawals may be extended or fur-ther extended only upon
compliancewith these regulations, and only if theSecretary
determines that the purposefor which the withdrawal was firstmade
requires the extension, and thenonly for a period that shall not
exceedthe duration of the original withdrawal
period. In allowing an extension, theSecretary shall comply with
the provi-sions of section 204(c) of the Act (43U.S.C. 1714(c)), or
section 204(d) of theAct (43 U.S.C. 1714(d)), whichever is
ap-plicable; and, whether or not an exten-sion is allowed, the
Secretary shall re-port promptly on the decision for eachpending
extension to the CongressionalCommittees that are specified in
sec-tion 204(f) of the Act (43 U.S.C. 1714(f)).
(b) Notwithstanding the provisions ofthis section, if the
Secretary deter-mines that a National Wildlife RefugeSystem
withdrawal of specific durationshall not be extended, the
Secretaryshall nevertheless extend or reextendthe withdrawal until
such time as thewithdrawal is terminated by an Act ofCongress.
§2310.5 Special action on emergency
withdrawals.
(a) When the Secretary makes anemergency withdrawal under
Section204(e) of the Act (43 U.S.C. 1714(e)), thewithdrawal will be
made immediatelyand will be limited in scope and dura-tion to the
emergency. An emergencywithdrawal will be effective whensigned,
will not exceed 3 years in dura-tion, and may not be extended by
theSecretary. If it is determined that thelands involved in an
emergency with-drawal should continue to be with-drawn, a
withdrawal application shouldbe submitted to the Bureau of
LandManagement in keeping with the nor-mal procedures for
processing a with-drawal as provided for in this subpart.Such
applications will be subject to theprovisions of Section 204(c) of
the Act(43 U.S.C. 1714(c)), or Section 204(d) ofthe Act (43 U.S.C.
1714(d)), whichever isapplicable, as well as Section 204(b)(1)of
the Act (43 U.S.C. 1714(b)(1)).
(b) When an emergency withdrawal issigned, the Secretary must,
on thesame day, send a notice of the with-drawal to the two
Committees of theCongress that are specified for thatpurpose in
Section 204(e) of the Act (43U.S.C. 1714(e)).
(c) The Secretary must forward a re-port to each of the
aforementionedcommittees within 90 days after filingwith them the
notice of Secretarialemergency withdrawal. Reports for allsuch
withdrawals, regardless of the
§ 2310.3-6
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Bureau of Land Management, Interior
amount of acreage withdrawn, will con-tain the information
specified in Sec-tion 204(c)(2) of the Act (43
U.S.C.1714(c)(2)).
[73 FR 74047, Dec. 5, 2008]
Subpart 2320-Federal EnergyRegulatory Commission
With-drawals
§ 2320.0-3 Authority.
(a) Section 24 of the Federal PowerAct of June 10, 1920, as
amended (16U.S.C. 818), provides that any lands ofthe United States
included in an appli-cation for power development underthat Act
shall, from the date of filingof an application therefor, be
reservedfrom entry, location or other disposalunder the laws of the
United Statesuntil otherwise directed by the FederalEnergy
Regulatory Commission or byCongress. This statute also providesthat
whenever the Commission shalldetermine that the value of any
landsof the United States withdrawn or clas-sified for power
purposes shall not beinjured or destroyed for such purposesby
location, entry or selection underthe public land laws, the
Secretary ofthe Interior shall declare such landsopen to location,
entry or selection forsuch purposes under such restrictionsas the
Commission may determine arenecessary, and subject to and with
areservation of the right of the UnitedStates or its permittees or
licensees toenter upon, occupy and use any and allof the lands for
power purposes. Beforeany lands are declared open to loca-tion,
entry or selection, the Secretaryshall give notice of his intention
tomake this declaration to the Governorof the State within which
such landsare located, and the State shall have apreference for a
period of 90 days fromthe date of this notice to file under
anyapplicable law or regulation an appli-cation of the State, or
any politicalsubdivision thereof, for any lands re-quired as a
right-of-way for a publichighway or as a source of materials forthe
construction and maintenance ofsuch highways. The 90-day
preferencedoes not apply to lands which remainwithdrawn for
national forest or otherpurposes.
§ 2320.2
(b) The Mining Claims Rights Res-toration Act of 1955 (30 U.S.C.
621 etseq.), opened public lands which werethen, or thereafter,
withdrawn or clas-sified for power purposes, with speci-fied
exceptions, to mineral locationand development under certain
cir-cumstances.
§2320.1 Lands considered withdrawn
or classified for power purposes.
The following classes of lands of theUnited States are
considered as with-drawn or classified for the purposes ofsection
24 of the Federal Power Act (16U.S.C. 818): Lands withdrawn
forpowersite reserves under sections 1 and2 of the Act of June 25,
1910, as amend-ed (43 U.S.C. 141-148); lands included inan
application for power developmentunder the Federal Power Act (16
U.S.C.818); lands classified for powersite pur-poses under the Act
of March 3, 1879 (43U.S.C. 31); lands designated as valuablefor
power purposes under the Act ofJune 25, 1910, as amended (43
U.S.C.148); the Act of June 9, 1916 (39 Stat.218, 219), and the Act
of February 26,1919 (40 Stat. 1178, 1180); lands withinfinal
hydroelectric power permitsunder the Act of February 15, 1901
(43U.S.C. 959); and lands within trans-mission line permits or
approvedrights-of-way under the aforemen-tioned Act of February 15,
1901, or theAct of March 4, 1911 (43 U.S.C. 961).
§ 2320.2 General determinations underthe Federal Power Act.
(a) On April 22, 1922, the FederalPower Commission (as
predecessor tothe Federal Energy Regulatory Com-mission) made a
general determination"that where lands of the United Stateshave
heretofore been or hereafter maybe reserved or classified as
powersites,such reservation or classification beingmade solely
because such lands are ei-ther occupied by power transmissionlines
or their occupancy and use forsuch purposes have been applied for
orauthorized under appropriate laws ofthe United States, and such
lands haveotherwise no value for power purposes,and are not
occupied in trespass, theCommission determines that the valueof
such lands so reserved or classifiedor so applied for or
authorized, shall
-
43 CFR Ch. 11 (10-1-16 Edition)
not be injured or destroyed for the pur-poses of power
development by loca-tion, entry or selection under the pub-lic land
laws, subject to the reservationof section 24 of the Federal
PowerAct."
(b) The regulations governing mininglocations on lands withdrawn
or classi-fied for power purposes, including landsthat have been
restored and opened tomining locations under section 24 ofthe
Federal Power Act, are containedin subpart 3730 and in Group 3800
of thistitle.
§ 2320.3 Applications for restoration.
(a) Other than with respect to na-tional forest lands,
applications for res-toration and opening of lands with-drawn or
classified for power purposesunder the provisions of section 24
ofthe Federal Power Act shall be filed, induplicate, in the proper
office of theBureau of Land Management as setforth in §2321.2-1 of
this title. No par-ticular form of application is required,but it
shall be typewritten or in legiblehandwriting, and it shall contain
theinformation required by 18 CFR 25.1:Each application shall be
accompaniedby a service charge of $10 which is notreturnable.
(b) Favorable action upon an applica-tion for restoration shall
not give theapplicant any preference right whenthe lands are
opened.
PART 2360-NATIONAL PETROLEUMRESERVE IN ALASKA
Subpart 2361-Management and Protec-tion of the National
Petroleum Reservein Alaska
Sec.2361.0-1 Purpose.2361.0-2 Objectives.2361.0-3
Authority.2361.0-4 Responsibility.2361.0-5 Definitions.2361.0-6
[Reserved]2361.0-7 Effect of law.2361.1 Protection of the
environment.2361.2 Use authorizations.2361.3 Unauthorized use and
occupancy.
Subpart 2361-Management andProtection of the National Pe-troleum
Reserve in Alaska
SOURCE: 42 FR 28721, June 3, 1977, unless
otherwise noted.
§ 2361.0-1 Purpose.
The purpose of the regulations in thissubpart is to provide
procedures for theprotection and control of environ-mental, fish
and wildlife, and historicalor scenic values in the National
Petro-leum Reserve in Alaska pursuant tothe provisions of the Naval
PetroleumReserves Production Act of 1976 (90Stat. 303; 42 U.S.C.
6501 et seq.).
§ 2361.0-2 Objectives.
The objective of this subpart is toprovide for the protection of
the envi-ronmental, fish and wildlife, and his-torical or scenic
values of the Reserveso that activities which are or mightbe
detrimental to such values will becarefully controlled to the
extent con-sistent with the requirements of theAct for petroleum
exploration of thereserve.
§ 2361.0-3 Authority.
The Naval Petroleum Reserve Pro-duction Act of 1976 (90 Stat.
303, 42U.S.C. 6501, et seq.) is the statutory au-thority for these
regulations.
§ 2361.0-4 Responsibility.(a) The Bureau of Land Management
(BLM) is responsible for the surfacemanagement of the reserve
and protec-tion of the surface values from environ-mental
degradation, and to preparerules and regulations necessary tocarry
out surface management and pro-tection duties.
(b) The U.S. Geological Survey is re-sponsible for management of
the con-tinuing exploration program during theinterim between the
transfer of juris-diction from the U.S. Navy to the U.S.Department
of the Interior and the ef-fective date of any legislation for
apermanent development and produc-tion program to enforce
regulationsand stipulations which relate to the ex-ploration of
petroleum resources of theReserve, and to operate the South Bar-row
gas field or such other fields as
§ 2320.3
-
Bureau of Land Management, Interior
shall be subject to such terms and con-ditions which the
authorized officer de-termines to be necessary to protect
theenvironmental, fish and wildlife, andhistorical or scenic values
of the Re-serve.
§2361.3 Unauthorized use and occu-
pancy.
Any person who violates or fails tocomply with regulations of
this sub-part is subject to prosecution, includ-ing trespass and
liability for damages,pursuant to the appropriate laws.
PART 2370-RESTORATIONS ANDREVOCATIONS
Subpart 2370-Restorations andRevocations; General
Sec.2370.0-1 Purpose.2370.0-3 Authority.
Subpart 2372-Procedures
2372.1 Notice of intention to relinquish ac-tion by holding
agency.
2372.2 Report to General Services Adminis-tration.
2372.3 Return of lands to the public domain;conditions.
Subpart 2374-Acceptance of Jurisdictionby BLM
2374.1 Property determinations.2374.2 Conditions of acceptance
by BLM.
AUTHORITY: 63 Stat. 377 as amended, R.S.2478; 40 U.S.C. 472, 43
U.S.C. 1201.
Subpart 2370-Restorations andRevocations; General
§ 2370.0-1 Purpose.The regulations of this part 2370
apply to lands and interests in landswithdrawn or reserved from
the publicdomain, except lands reserved or dedi-cated for national
forest or nationalpark purposes, which are no longerneeded by the
agency for which thelands are withdrawn or reserved.
[35 FR 9558, June 13, 1970]
§ 2370.0-3 Authority.The Federal Property and Adminis-
trative Services Act of 1949 (63 Stat.377), as amended, governs
the disposal
§ 2372. 1
of surplus Federal lands or interests inlands. Section 3 of that
Act (40 U.S.C.472), as amended, February 28, 1958 (72Stat. 29),
excepts from its provisionsthe following:
(a) The public domain.(b) Lands reserved or dedicated for
national forest or national park pur-poses.
(c) Minerals in lands or portions oflands withdrawn or reserved
from thepublic domain which the Secretary ofthe Interior determines
are suitable fordisposition under the public land min-ing and
mineral leasing laws.
(d) Lands withdrawn or reserved fromthe public domain, but not
includinglands or portions of lands so withdrawnor reserved which
the Secretary of theInterior, with the concurrence of
theAdministrator of the General ServicesAdministration, determines
are notsuitable for return to the public do-main for disposition
under the generalpublic-land laws, because such landsare
substantially changed in characterby improvements or otherwise.
[35 FR 9558, June 13, 1970]
Subpart 2372-Procedures
SOURCE: 35 FR 9558, June 13, 1970, unlessotherwise noted.
§ 2372.1 Notice of intention to relin-quish action by holding
agency.
(a) Agencies holding withdrawn or re-served lands which they no
longer needwill file, in duplicate, a notice of inten-tion to
relinquish such lands in theproper office (see §1821.2-1 of this
chap-ter).
(b) No specific form of notice is re-quired, but all notices
must containthe following information:
(1) Name and address of the holdingagency.
(2) Citation of the order which with-drew or reserved the lands
for the hold-ing agency.
(3) Legal description and acreage ofthe lands, except where
reference tothe order of withdrawal or reservationis sufficient to
identify them.
(4) Description of the improvementsexisting on the lands.
(5) The extent to which the lands arecontaminated and the nature
of thecontamination.
-
43 CFR Ch. 11 (10-1-16 Edition)
(6) The extent to which the landshave been decontaminated or the
meas-ures taken to protect the public fromthe contamination and the
proposals ofthe holding agency to maintain protec-tive
measures.
(7) The extent to which the landshave been changed in character
otherthan by construction of improvements.
(8) The extent to which the lands orresources thereon have been
disturbedand the measures taken or proposed tobe taken to
recondition the property.
(9) If improvements on the lands havebeen abandoned, a
certification thatthe holding agency has exhausted Gen-eral
Services Administration proce-dures for their disposal and that
theimprovements are without value.
(10) A description of the easements orother rights and
privileges which theholding agency or its predecessors havegranted
covering the lands.
(11) A list of the terms and condi-tions, if any, which the
holding agencydeems necessary to be incorporated inany further
disposition of the lands inorder to protect the public
interest.
(12) Any information relating to theinterest of other agencies
or individ-uals in acquiring use of or title to theproperty or any
portion of it.
(13) Recommendations as to the fur-ther disposition of the
lands, includingwhere appropriate, disposition by theGeneral
Services Administration.
§ 2372.2 Report to General ServicesAdministration.
The holding agency will send onecopy of its report on unneeded
lands tothe appropriate regional office of theGeneral Services
Administration for itsinformation.
§ 2372.3 Return of lands to the publicdomain; conditions.
(a) When the authorized officer of theBureau of Land Management
deter-mines the holding agency has compliedwith the regulations of
this part, in-cluding the conditions specified in§ 2374.2 of this
subpart, and that thelands or interests in lands are suitablefor
return to the public domain for dis-position under the general
public landlaws, he will notify the holding agencythat the
Department of the Interior ac-cepts accountability and
responsibility
for the property, sending a copy of thisnotice to the
appropriate regional of-fice of the General Services
Adminis-tration.
(b) [Reserved]
Subpart 2374-Acceptance ofJurisdiction by BLM
§ 2374.1 Property determinations.
(a) When the authorized officer of theBureau of Land Management
deter-mines that the holding agency hascomplied with the
regulations of thispart and that the lands or interests inlands
other than minerals are not suit-able for return to the public
domain fordisposition under the general publicland laws, because
the lands are sub-stantially changed in character by im-provements
or otherwise, he will re-quest the appropriate officer of
theGeneral Services Administration, or itsdelegate, to concur in
his determina-tion.
(b) When the authorized officer of theBureau of Land Management
deter-mines that minerals in lands subject tothe provisions of
paragraph (a) of thissection are not suitable for dispositionunder
the public land mining or min-eral leasing laws, he will notify the
ap-propriate officer of the General Serv-ices Administration or its
delegate ofthis determination.
(c) Upon receipt of the concurrencespecified in paragraph (a) of
this sec-tion, the authorized officer of the Bu-reau of Land
Management will notifythe holding agency to report as
excessproperty the lands and improvementstherein, or interests in
lands to theGeneral Services Administration pur-suant to the
regulations of that Ad-ministration. The authorized officer ofthe
Bureau of Land Management willrequest the holding agency to
includeminerals in its report to the GeneralServices Administration
only when theprovisions of paragraph (b) of this sec-tion apply. He
will also submit to theholding agency, for transmittal withits
report to the General Services Ad-ministration, information of
record inthe Bureau of Land Management onthe claims, if any, by
agencies otherthan the holding agency of primary,joint, or
secondary jurisdiction over
§ 2372.2
-
Bureau of Land Management, Interior
the lands and on any encumbrancesunder the public land laws.
[35 FR 9559, June 13, 1970]
§ 2374.2 Conditions of acceptance byBLM.
Agencies will not be discharged oftheir accountability and
responsibilityunder this section unless and until:
(a) The lands have been decontami-nated of all dangerous
materials andhave been restored td suitable condi-tion or, if it is
uneconomical to decon-taminate or restore them, the holdingagency
posts them and installs protec-tive devices and agrees to maintain
thenotices and devices.
(b) To the extent deemed necessaryby the authorized officer of
the Bureauof Land Management, the holdingagency has undertaken or
agrees to un-dertake or to have undertaken appro-priate land
treatment measures cor-recting, arresting, or preventing
dete-rioration of the land and resourcesthereof which has resulted
or may re-sult from the agency's use or posses-sion of the
lands.
(c) The holding agency, in respect toimprovements which are of
no value,has exhausted General Services Admin-istration's
procedures for their disposaland certifies that they are of no
value.
(d) The holding agency has resolved,through a final grant or
denial, allcommitments to third parties relativeto rights and
privileges in and to thelands or interests therein.
(e) The holding agency has submittedto the appropriate office
mentioned inparagraph (a) of § 2372.1 a copy of, orthe case file
on, easements, leases, orother encumbrances with which theholding
agency or its predecessors haveburdened the lands or interests
therein.
[35 FR 9559, June 13, 1970]
Group 2400-Land Classification
PART 2400-LAND CLASSIFICATION
Subpart 2400-Land Classification; General
Sec.2400.0-2 Objectives.2400.0-3 Authority.2400.0-4
Responsibility.2400.0-5 Definitions.
§ 2400.0-3
SOURCE: 35 FR 9559, June 13, 1970, unlessotherwise noted.
Subpart 2400-Land Classification;General
§ 2400.0-2 Objectives.
The statutes cited in §2400.0-3 au-thorize the Secretary of the
Interior toclassify or otherwise take appropriatesteps looking to
the disposition of pub-lic lands, and on an interim basis,
toclassify public lands for retention andmanagement, subject to
requirementsof the applicable statutes. In additionto any
requirements of law, it is thepolicy of the Secretary (a) to
specifythose criteria which will be consideredin the exercise of
his authority and (b)to establish procedures which will per-mit the
prompt and efficient exerciseof his authority with, as far as is
prac-ticable, the knowledge and participa-tion of the interested
parties, includingthe general public. Nothing in theseregulations
is meant to affect applica-ble State laws governing the
appropria-tion and use of water, regulation ofhunting and fishing
or exercise of anypolice power of the State.
§ 2400.0-3 Authority.
(a) All vacant public lands, exceptthose in Alaska, have been,
with cer-tain exceptions, withdrawn from entry,selection, and
location under the non-mineral land laws by Executive Order6910, of
November 26, 1934, and Execu-tive Order 6964 of February 5, 1935,
andamendments thereto, and by the estab-lishment of grazing
districts under sec-tion 1 of the Act of June 28, 1934 (48Stat.
1269), as amended (43 U.S.C. 315).Section 7 of the Act of June 28,
1934 (48Stat. 1272), as amended (43 U.S.C. 315f),authorizes the
Secretary of the Inte-rior in his discretion to examine andclassify
and open to entry, selection, orlocation under applicable law any
landswithdrawn or reserved by ExecutiveOrder 6910 of November 26,
1934, or Ex-ecutive Order 6964 of February 5, 1935,and amendments
thereto, or within agrazing district established under thatact
which he finds are more valuable orsuitable for the production of
agricul-tural Crops than for the production ofnative grasses and
forage plants, ormore valuable or suitable for any other