[Title 43 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1999 Edition]
[From the U.S. Government Printing Office]
43
Public Lands: Interior
[[Page i]]
PART 1000 TO END
Revised as of October 1, 1999
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF OCTOBER 1, 1999
With Ancillaries
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 PRINTING OFFICE
WASHINGTON : 1999
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[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 (Continued) 5
Chapter III--Utah Reclamation Mitigation and
Conservation Commission 879
Finding Aids:
Index................................................... 923
Table of CFR Titles and Chapters........................ 941
Alphabetical List of Agencies Appearing in the CFR...... 959
List of CFR Sections Affected........................... 969
[[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.
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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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
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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[[Page vii]]
law numbers, Federal Register finding aids, and related information.
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Raymond A. Mosley,
Director,
Office of the Federal Register.
October 1, 1999.
[[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, 1999.
The first volume contains a redesignation table. 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.
For this volume, Shelley C. Featherson was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 43--PUBLIC LANDS: INTERIOR
(This book contains parts 1000 to end)
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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....................... 23
GROUP 1800--PUBLIC ADMINISTRATIVE PROCEDURES
1810 Introduction and general guidance........... 31
1820 Application procedures...................... 34
1840 Appeals procedures.......................... 38
1850 Hearings procedures......................... 38
1860 Conveyances, disclaimers and correction
documents............................... 38
1870 Adjudication principles and procedures...... 43
1880 Financial assistance, local governments..... 44
SUBCHAPTER B--LAND RESOURCE MANAGEMENT (2000)
GROUP 2000--LAND RESOURCE MANAGEMENT; GENERAL
2090 Special laws and rules...................... 52
GROUP 2100--ACQUISITIONS
GROUP 2200--EXCHANGES
2200 Exchanges: General procedures............... 60
GROUP 2300--WITHDRAWALS
2300 Land withdrawals............................ 75
2360 National Petroleum Reserve in Alaska........ 90
[[Page 6]]
2370 Restorations and revocations................ 93
GROUP 2400--LAND CLASSIFICATION
2400 Land classification......................... 95
2410 Criteria for all land classifications....... 99
2420 Multiple-use management classifications..... 99
2430 Disposal classifications.................... 100
2440 Segregation by classification............... 103
2450 Petition-application classification system.. 103
2460 Bureau initiated classification system...... 105
2470 Postclassification actions.................. 108
GROUP 2500--DISPOSITION; OCCUPANCY AND USE
2520 Desert-land entries......................... 109
2530 Indian allotments........................... 125
2540 Color-of-title and omitted lands............ 129
2560 Alaska occupancy and use.................... 140
GROUP 2600--DISPOSITION; GRANTS
2610 Carey Act grants............................ 154
2620 State grants................................ 159
2630 Railroad grants............................. 170
2640 FAA airport grants.......................... 172
2650 Alaska native selections.................... 174
GROUP 2700--DISPOSITION; SALES
2710 Sales: Federal Land Policy and Management
Act..................................... 203
2720 Conveyance of federally-owned mineral
interests............................... 210
2740 Recreation and Public Purposes Act.......... 215
GROUP 2800--USE; RIGHTS-OF-WAY
2800 Rights-of-way, principles and procedures.... 224
2810 Tramroads and logging roads................. 250
2880 Rights-of-way under the Mineral Leasing Act. 265
GROUP 2900--USE; LEASES AND PERMITS
2910 Leases...................................... 280
2920 Leases, permits and easements............... 287
SUBCHAPTER C--MINERALS MANAGEMENT (3000)
GROUP 3000--MINERALS MANAGEMENT
3000 Minerals management: General................ 298
GROUP 3100--OIL AND GAS LEASING
3100 Oil and gas leasing......................... 300
[[Page 7]]
3110 Noncompetitive leases....................... 344
3120 Competitive leases.......................... 350
3130 Oil and gas leasing: National Petroleum
Reserve, Alaska......................... 354
3140 Combined hydrocarbon leasing................ 362
3150 Onshore oil and gas geophysical exploration. 374
3160 Onshore oil and gas operations.............. 378
3180 Onshore oil and gas unit agreements:
Unproven areas.......................... 402
3190 Delegation of authority, cooperative
agreements and contracts for oil and gas
inspection.............................. 422
3195 Helium contracts............................ 430
GROUP 3200--GEOTHERMAL RESOURCES LEASING
3200 Geothermal resources leasing................ 434
3280 Geothermal resources unit agreements:
Unproven areas.......................... 483
GROUP 3400--COAL MANAGEMENT
3400 Coal management: General.................... 501
3410 Exploration licenses........................ 506
3420 Competitive leasing......................... 510
3430 Noncompetitive leases....................... 530
3440 Licenses to mine............................ 545
3450 Management of existing leases............... 547
3460 Environment................................. 551
3470 Coal management provisions and limitations.. 560
3480 Coal exploration and mining operations rules 572
3500 Leasing of solid minerals other than coal
and oil shale........................... 600
3580 Special leasing areas....................... 635
3590 Solid minerals (other than coal) exploration
and mining operations................... 643
GROUP 3600--MINERAL MATERIALS DISPOSAL
3600 Mineral materials disposal: General......... 653
[[Page 8]]
3610 Sales....................................... 657
3620 Free use.................................... 661
GROUP 3700--MULTIPLE USE; MINING
3710 Public Law 167; Act of July 23, 1955........ 663
3720 [Reserved]
3730 Public Law 359; mining in powersite
withdrawals: General.................... 679
3740 Public Law 585; multiple mineral development 683
GROUP 3800--MINING CLAIMS UNDER THE GENERAL MINING LAWS
3800 Mining claims under the general mining laws. 690
3810 Lands and minerals subject to location...... 710
3820 Areas subject to special mining laws........ 716
3830 Location of mining claims................... 721
3840 Nature and classes of mining claims......... 738
3850 Assessment work............................. 743
3860 Mineral patent applications................. 747
3870 Adverse claims, protests and conflicts...... 758
SUBCHAPTER D--RANGE MANAGEMENT (4000)
GROUP 4100--GRAZING ADMINISTRATION
4100 Grazing administration--exclusive of Alaska. 763
GROUP 4200--GRAZING ADMINISTRATION; ALASKA; LIVESTOCK
4200 Grazing administration; Alaska; livestock... 791
GROUP 4300--GRAZING ADMINISTRATION; ALASKA; REINDEER; GENERAL
4300 Grazing administration; Alaska; reindeer;
general................................. 791
GROUP 4600--LEASES
4600 Leases of grazing land--Pierce Act.......... 796
GROUP 4700--WILD FREE-ROAMING HORSE AND BURRO MANAGEMENT
4700 Protection, management, and control of wild
free-roaming horses and burros.......... 798
SUBCHAPTER E--FOREST MANAGEMENT (5000)
GROUP 5000--FOREST MANAGEMENT GENERAL
5000 Administration of forest management
decisions............................... 808
5040 Sustained-yield forest units................ 808
GROUP 5400--SALES OF FOREST PRODUCTS
5400 Sales of forest products; general........... 809
[[Page 9]]
5410 Annual timber sale plan..................... 813
5420 Preparation for sale........................ 814
5430 Advertisement............................... 815
5440 Conduct of sales............................ 815
5450 Award of contract........................... 818
5460 Sales administration........................ 820
5470 Contract modification--extension--assignment 824
GROUP 5500--NONSALE DISPOSALS
5500 Nonsale disposals; general.................. 825
5510 Free use of timber.......................... 826
SUBCHAPTER F (6000) [RESERVED]
SUBCHAPTER G (7000) [RESERVED]
SUBCHAPTER H--RECREATION PROGRAMS (8000)
GROUP 8100--CULTURAL RESOURCE MANAGEMENT [RESERVED]
GROUP 8200--NATURAL HISTORY RESOURCE MANAGEMENT
8200 Procedures.................................. 833
8340 Off-road vehicles........................... 835
8350 Management areas............................ 839
8360 Visitor services............................ 840
8370 Use authorizations.......................... 845
GROUP 8500--WILDERNESS MANAGEMENT
8560 Wilderness areas............................ 849
GROUP 8600--ENVIRONMENTAL EDUCATION AND PROTECTION [RESERVED]
SUBCHAPTER I--TECHNICAL SERVICES (9000)
GROUP 9100--ENGINEERING
9180 Cadastral survey............................ 856
GROUP 9200--PROTECTION
9210 Fire management............................. 861
9230 Trespass.................................... 863
9260 Law enforcement--criminal................... 868
[[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
1610.01 Resource management planning guidance.
1610.2 Public participation.
1610.3 Coordination with other Federal agencies, State and local
governments, and Indian tribes.
1610.3-1 Coordination of planning efforts.
1610.3-2 Consistency requirements.
1610.4 Resource management planning process.
1610.4-1 Identification of issues.
1610.4-2 Development of planning criteria.
1610.4-3 Inventory data and information collection.
1610.4-4 Analysis of the management situation.
1610.4-5 Formulation of alternatives.
1610.4-6 Estimation of effects of alternatives.
1610.4-7 Selection of preferred alternative.
1610.4-8 Selection of resource management plan.
1610.4-9 Monitoring and evaluation.
1610.5 Resource management plan approval, use and modification.
1610.5-1 Resource management plan approval and administrative review.
1610.5-2 Protest procedures.
1610.5-3 Conformity and implementation.
1610.5-4 Maintenance.
1610.5-5 Amendment.
1610.5-6 Revision.
1610.5-7 Situations where action can be taken based on another agency's
plan, or a land use analysis.
1610.6 Management decision review by Congress.
1610.7 Designation of areas.
1610.7-1 Designation of areas unsuitable for surface mining.
1610.7-2 Designation of areas of critical environmental concern.
1610.8 Transition period.
Authority: 43 U.S.C. 1711-1712.
Source: 48 FR 20368, May 5, 1983, unless otherwise noted.
Subpart 1601--Planning
Sec. 1601.0-1 Purpose.
The purpose of this subpart is to establish in regulations a process
for the development, approval, maintenance, amendment and revision of
resource management plans, and the use of existing plans for public
lands administered by the Bureau of Land Management.
Sec. 1601.0-2 Objective.
The objective of resource management planning by the Bureau of Land
Management is to maximize resource values for the public through a
rational, consistently applied set of regulations and procedures which
promote the concept of multiple use management and ensure participation
by the public, state and local governments, Indian tribes and
appropriate Federal agencies. Resource management plans are designed to
guide and control future management actions and the development of
subsequent, more detailed and limited scope plans for resources and
uses.
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); 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) National level policy and procedure guidance for planning shall
be
[[Page 12]]
provided by the Secretary and the Director.
(b) State Directors shall provide quality control and supervisory
review, including plan approval, for plans and related environmental
impact statements and shall provide additional guidance, as necessary,
for use by District and Area managers. State Directors shall file draft
and final environmental impact statements associated with resource
management plans and amendments.
(c) Resource management plans, amendments, revisions and related
environmental impact statements shall be prepared by District or Area
Managers, and approved by State Directors. In general, Area Managers
will be responsible for directly supervising the preparation of the
plan, and the District Manager for providing general direction and
guidance to the planning effort.
Sec. 1601.0-5 Definitions.
As used in this part, the term:
(a) 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. The identification of a potential ACEC shall not, of
itself, change or prevent change of the management or use of public
lands.
(b) Conformity or conformance means that a resource management
action shall be specifically provided for in the plan, or if not
specifically mentioned, shall be clearly consistent with the terms,
conditions, and decisions of the approved plan or plan amendment.
(c) Consistent means that the Bureau of Land Management plans will
adhere to the terms, conditions, and decisions of officially approved
and adopted resource related plans, or in their absence, with policies
and programs, subject to the qualifications in Sec. 1615.2 of this
title.
(d) Guidance means any type of written communication or instruction
that transmits objectives, goals, constraints, or any other direction
that helps the District and Area Managers and staff know how to prepare
a specific resource management plan.
(e) Local government means any political subdivision of the State
and any general purpose unit of local government with resource planning,
resource management, zoning, or land use regulation authority.
(f) 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.
(g) Officially approved and adopted resource related plans means
plans, policies, programs and processes prepared and approved pursuant
to and in accordance with authorization provided by Federal, State or
local constitutions, legislation, or charters which have the force and
effect of State law.
(h) 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 State, local, and Indian tribal
governments.
[[Page 13]]
(i) Public lands means any lands or interest in lands owned by the
United States and administered by the Secretary of the Interior through
the Bureau of Land Management, except lands located on the Outer
Continental Shelf and lands held for the benefit of Indians, Aleuts and
Eskimos.
(j) Resource area means a geographic portion of a Bureau of Land
Management district. It is the administrative subdivision whose manager
has primary responsibility for day-to-day resource management activities
and resource use allocations and is, in most instances, the area for
which resource management plans are prepared and maintained.
(k) Resource management plan means a land use plan as described by
the Federal Land Policy and Management Act. The resource management plan
generally establishes in a written document:
(1) Land areas for limited, restricted or exclusive use;
designation, including ACEC designation; and transfer from Bureau of
Land Management Administration;
(2) Allowable resource uses (either singly or in combination) and
related levels of production or use to be maintained;
(3) Resource condition goals and objectives to be attained;
(4) Program constraints and general management practices needed to
achieve the above items;
(5) Need for an area to be covered by more detailed and specific
plans;
(6) Support action, including such measures as resource protection,
access development, realty action, cadastral survey, etc., as necessary
to achieve the above;
(7) General implementation sequences, where carrying out a planned
action is dependent upon prior accomplishment of another planned action;
and
(8) Intervals and standards for monitoring and evaluating the plan
to determine the effectiveness of the plan and the need for amendment or
revision.
It is not a final implementation decision on actions which require
further specific plans, process steps, or decisions under specific
provisions of law and regulations.
Sec. 1601.0-6 Environmental impact statement policy.
Approval of a resource management plan is considered a major Federal
action significantly affecting the quality of the human environment. The
environmental analysis of alternatives and the proposed plan shall be
accomplished as part of the resource management planning process and,
wherever possible, the proposed plan and related environmental impact
statement shall be published in a single document.
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 will provide for public involvement and shall
be consistent with the principles described in section 202 of the
Federal Land Policy and Management Act of 1976. Additionally, the impact
on local economies and uses of adjacent or nearby non-Federal lands and
on non-public land surface over federally-owned mineral interests shall
be considered.
Subpart 1610--Resource Management Planning
Sec. 1610.1 Resource management planning guidance.
(a) Guidance for preparation and amendment of resource management
plans may be provided by the Director and State Director, as needed, to
help the District and Area Manager and staff prepare a specific plan.
Such guidance may include the following:
(1) National level policy which has been established through
legislation, regulations, executive orders or other Presidential,
Secretarial or Director approved documents. This policy may include
appropriately developed resource management commitments, suct as a
right-of-way corridor crossing
[[Page 14]]
several resource areas, which are not required to be reexamined as part
of the planning process.
(2) Analysis requirements, planning procedures and other written
information and instructions required to be considered in the planning
process.
(3) Guidance developed at the State Director level, with necessary
and appropriate governmental coordination as prescribed by Sec. 1610.3
of this title. Such guidance shall be reconsidered by the State Director
at any time during the planning process that the State Director level
guidance is found, through public involvement or other means, to be
inappropriate when applied to a specific area being planned.
(b) A resource management plan shall be prepared and maintained on a
resource area basis, unless the State Director authorizes a more
appropriate area.
(c) An interdisciplinary approach shall be used in the preparation,
amendment and revision of resource management plans as provided in 40
CFR 1502.6. The disciplines of the preparers shall be appropriate to the
values involved and the issues identified during the issue
identification and environmental impact statement scoping stage of the
planning process. The District or Area Manager may use any necessary
combination of Bureau of Land Management staff, consultants,
contractors, other governmental personnel, and advisors to achieve an
interdisciplinary approach.
Sec. 1610.2 Public participation.
(a) The public shall be provided opportunities to meaningfully
participate in and comment on the preparation of plans, amendments and
related guidance and be given early notice of planning activities.
Public involvement in the resource management planning process shall
conform to the requirements of the National Environmental Policy Act and
associated implementing regulations.
(b) The Director shall, early in each fiscal year, publish a
planning schedule advising the public of the status of each plan in
process of preparation or to be started during that fiscal year, the
major action on each plan during that fiscal year and projected new
planning starts for the 3 succeeding fiscal years. The notice shall call
for public comments on projected new planning starts so that such
comments can be considered in refining priorities for those years.
(c) Upon starting the preparation, amendment or revision of resource
management plans, public participation shall be initiated by a notice
published in the Federal Register and appropriate media, including
newspapers of general circulation in the State, adjoining States where
the District Manager deems it appropriate, and the District. This notice
may also constitute the scoping notice required by regulation for the
National Environmental Policy Act (40 CFR 1501.7). This notice shall
include the following:
(1) Description of the proposed planning action;
(2) Identification of the geographic area for which the plan is to
be prepared;
(3) The general types of issues anticipated;
(4) The disciplines to be represented and used to prepare the plan;
(5) The kind and extent of public participation opportunities to be
provided;
(6) The times, dates and locations scheduled or anticipated for any
public meetings, hearings, conferences or other gatherings, as known at
the time;
(7) The name, title, address and telephone number of the Bureau of
Land Management official who may be contacted for further information;
and
(8) The location and availability of documents relevant to the
planning process.
(d) A list of individuals and groups known to be interested in or
affected by a resource management plan shall be maintained by the
District Manager and those on the list shall be notified of public
participation activities. Individuals or groups may ask to be placed on
this list. Public participation activities conducted by the Bureau of
Land Management shall be documented by a record or summary of the
principal issues discussed and comments made.
The documentation together with a list of attendees shall be available
to the
[[Page 15]]
public and open for 30 days to any participant who wishes to clarify the
views he/she expressed.
(e) At least 15 days' public notice shall be given for public
participation activities where the public is invited to attend. Any
notice requesting written comments shall provide for at least 30
calendar days for response. Ninety days shall be provided for review of
the draft plan and draft environmental impact statement. The 90-day
period shall begin when the Environmental Protection Agency publishes a
notice of the filing of the draft environmental impact statement in the
Federal Register.
(f) Public notice and opportunity for participation in resource
mangement plan preparation shall be appropriate to the areas and people
involved and shall be provided at the following specific points in the
planning process:
(1) General notice at the outset of the process inviting
participation in the identification of issues (See Secs. 1610.2(c) and
1610.4-1);
(2) Review of the proposed planning criteria (See Sec. 1610.4-2);
(3) Publication of the draft resource management plan and draft
environmental impact statement (See Sec. 1610.4-7);
(4) Publication of the proposed resource management plan and final
environmental impact statement which triggers the opportunity for
protest (See Secs. 1610.4-8 and 1610.5-1(b)); and
(5) Public notice and comment on any significant change made to the
plan as a result of action on a protest (See Sec. 1610.5-1(b)).
(g) Copies of an approved resource management plan and amendments
shall be reasonably available for public review. This includes copies at
the State Office for the District, the District Manager's Office, the
Area Office for lands directly involved and additional locations
determined by the District Manager. Plans, amendments and revisions
shall be published and single copies shall be available to the public
upon request during the public participation process. After approval, a
fee may be charged for additional copies at a rate established by the
Director.
(h) Supporting documents to a resource management plan shall be
available for public review at the office where the plan was prepared.
(i) Fees for reproducing requested documents beyond those used as
part of the public participation activities and other than single copies
of the printed plan amendment or revision may be charged according to
the Department of the Interior schedule for Freedom of Information Act
requests in 43 CFR part 2.
(j) When resource management plans involve areas of potential mining
for coal by means other than underground mining, and the surface is
privately owned, the Bureau of Land Management shall consult with all
surface owners who meet the criteria in Sec. 3400.0-5 of this title.
Contact shall be made in accordance with subpart 3427 of this title and
shall provide time to fully consider surface owner views. This contact
may be made by mail or in person by the District or Area Manager or his/
her appropriate representative. A period of at least 30 days from the
time of contact shall be provided for surface owners to convey their
preference to the Area or District Manager.
(k) If the plan involves potential for coal leasing, a public
hearing shall be provided prior to the approval of the plan, if
requested by any person having an interest which is, or may be,
adversely affected by implementation of such plan. The hearing shall be
conducted as prescribed in Sec. 3420.1-5 of this title and may be
combined with a regularly scheduled public meeting. The authorized
officer conducting the hearing shall:
(1) Publish a notice of the hearing in a newspaper of general
circulation in the affected geographical area at least once a week for 2
consecutive weeks;
(2) Provide an opportunity for testimony by anyone who so desires;
and
(3) Prepare a record of the proceedings of the hearing.
Sec. 1610.3 Coordination with other Federal agencies, State and local governments, and Indian tribes.
Sec. 1610.3-1 Coordination of planning efforts.
(a) In addition to the public involvement prescribed by Sec. 1610.2
of this title
[[Page 16]]
the following coordination is to be accomplished with other Federal
agencies, State and local governments, and Indian tribes. The objectives
of the coordination are for the State Directors and District and Area
Managers to keep apprised of non-Bureau of Land Management plans; assure
that consideration is given to those plans that are germane in the
development of resource management plans for public lands; assist in
resolving, to the extent practicable, inconsistencies between Federal
and non-Federal government plans; and 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 pubic notice
of proposed decisions which may have a significant impact on non-Federal
lands.
(b) State Directors and District and Area Managers shall provide
other Federal agencies, State and local governments, and Indian tribes
opportunity for review, advice, and suggestion on issues and topics
which may affect or influence other agency or other government programs.
To facilitate coordination with State governments, State Directors
should seek the policy advice of the Governor(s) on the timing, scope
and coordination of plan components; definition of planning areas;
scheduling of public involvement activities; and the multiple use
opportunities and constraints on public lands. State Directors 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 State Director shall provide opportunity for
Governor and State agency review, advice and suggestions on issues and
topics that the State Director has reason to believe could affect or
influence State government programs.
(c) In developing guidance to District Managers, in compliance with
section 1611 of this title, the State Director shall:
(1) Ensure that it is as consistent as possible with existing
officially adopted and approved resource related plans, policies or
programs of other Federal agencies, State agencies, Indian tribes and
local governments that may be affected, as prescribed by Sec. 1610.3-2
of this title;
(2) Identify areas where the proposed guidance is inconsistent with
such policies, plans or programs and provide reasons why the
inconsistencies exist and cannot be remedied; and
(3) Notify the other Federal agencies, State agencies, Indian tribes
or local governments with whom consistency is not achieved and indicate
any appropriate methods, procedures, actions and/or programs which the
State Director believes may lead to resolution of such inconsistencies.
(d) A notice of intent to prepare, amend, or revise a resource
management plan shall be submitted, consistent with State procedures for
coordination of Federal activities, for circulation among State
agencies. This notice shall also be submitted to Federal agencies, the
heads of county boards, other local government units and Tribal Chairmen
or Alaska Native Leaders that have requested such notices or that the
responsible line manager has reason to believe would be concerned with
the plan or amendment. These notices shall be issued simultaneously with
the public notices required under Sec. 1610.2(b) of this title.
(e) Federal agencies, State and local governments and Indian tribes
shall have the time period prescribed under Sec. 1610.2 of this title
for review and comment on resource management plan proposals. Should
they notify the District or Area Manager, in writing, of what they
believe to be specific inconsistencies between the Bureau of Land
Management resource management plan and their officially approved and
adopted resources related plans, the resource management plan
documentation shall show how those inconsistencies were addressed and,
if possible, resolved.
(f) When an Advisory Council has been formed under section 309 of
the Federal Land Policy and Management Act for the district in which the
resource area is located, that council
[[Page 17]]
shall be informed and their views sought and considered throughout the
resource management planning process.
Sec. 1610.3-2 Consistency requirements.
(a) Guidance and resource management plans and amendments to
management framework plans shall be consistent with officially approved
or adopted resource related plans, and the policies and programs
contained therein, of other Federal agencies, State and local
governments and Indian tribes, so long as the guidance and resource
management plans are also consistent with the purposes, policies and
programs of Federal laws and regulations applicable to public lands,
including Federal and State pollution control laws as implemented by
applicable Federal and State air, water, noise, and other pollution
standards or implementation plans.
(b) In the absence of officially approved or adopted resource-
related plans of other Federal agencies, State and local governments and
Indian tribes, guidance and resource management plans shall, to the
maximum extent practical, be consistent with officially approved and
adopted resource related policies and programs of other Federal
agencies, State and local governments and Indian tribes. Such
consistency will be accomplished so long as the guidance and resource
management plans are consistent with the policies, programs and
provisions of Federal laws and regulations applicable to public lands,
including, but not limited to, Federal and State pollution control laws
as implemented by applicable Federal and State air, water, noise and
other pollution standards or implementation plans.
(c) State Directors and District and Area Managers shall, to the
extent practicable, keep apprised of State and local governmental and
Indian tribal policies, plans, and programs, but they shall not be
accountable for ensuring consistency if they have not been notified, in
writing, by State and local governments or Indian tribes of an apparent
inconsistency.
(d) Where State and local government policies, plans, and programs
differ, those of the higher authority will normally be followed.
(e) Prior to the approval of a proposed resource management plan, or
amendment to a management framework plan or resource management plan,
the State Director shall submit to the Governor of the State(s)
involved, the proposed plan or amendment and shall identify any known
inconsistencies with State or local plans, policies or programs. The
Governor(s) shall have 60 days in which to identify inconsistencies and
provide recommendations in writing to the State Director. If the
Governor(s) does not respond within the 60-day period, the plan or
amendment shall be presumed to be consistent. If the written
recommendation(s) of the Governor(s) recommend changes in the proposed
plan or amendment which were not raised during the public participation
process on that plan or amendment, the State Director shall provide the
public with an opportunity to comment on the recommendation(s). If the
State Director does not accept the recommendations of the Governor(s),
The State Director shall notify the Governor(s) and the Governor(s)
shall have 30 days in which to submit a written appeal to the Director
of the Bureau of Land Management. The Director shall accept the
recommendations of the Governor(s) if he/she determines that they
provide for a reasonable balance between the national interest and the
State's interest. The Director shall communicate to the Governor(s) in
writing and publish in the Federal Register the reasons for his/her
determination to accept or reject such Governor's recommendations.
Sec. 1610.4 Resource management planning process.
Sec. 1610.4-1 Identification of issues.
At the outset of the planning process, the public, other Federal
agencies, State and local governments and Indian tribes shall be given
an opportunity to suggest concerns, needs, and resource use, development
and protection opportunities for consideration in the preparation of the
resource management plan. The District and Area Manager shall analyze
those suggestions, plus available district records of
[[Page 18]]
resource conditions, trends, needs and problems, and select topics and
determine the issues to be addressed during the planning process. Issues
may be modified during the planning process to incorporate new
information. The identification of issues shall also comply with the
scoping process required by regulations implementing the National
Environmental Policy Act (40 CFR 1501.7).
Sec. 1610.4-2 Development of planning criteria.
The District or Area Manager shall prepare criteria to guide
development of the resource management plan or revision, to ensure that
it is tailored to the issues previously identified and to ensure that
unnecessary data collection and analyses are avoided. Planning criteria
shall generally be based upon applicable law, Director and State
Director guidance, the results of public participation and coordination
with other Federal agencies, State and local governments and Indian
tribes. Proposed planning criteria, including any significant changes,
shall be made available for public comment prior to being approved by
the District manager for use in the planning process. Planning criteria
may be changed as planning proceeds, based on public suggestions and the
findings of the various studies and assessments.
Sec. 1610.4-3 Inventory data and information collection.
(a) The District or Area Manager shall arrange for resource,
environmental, social, economic and institutional data and information
to be collected, or assembled if already available. New information and
inventory data collection will emphasize significant issues and
decisions with the greatest potential impact. Inventory data and
information shall be collected in a manner that aids application in the
planning process, including subsequent monitoring requirements.
Sec. 1610.4-4 Analysis of the management situation.
The District or Area Manager shall analyze the inventory data and
other information available to determine the ability of the resource
area to respond to identified issues and opportunities. The analysis of
the management situation shall provide, consistent with multiple use
principles, the basis for formulating reasonable alternatives, including
the types of resources for development or protection. Factors to be
considered may include, but are not limited to:
(a) The types of resource use and protection authorized by the
Federal Land Policy and Management Act and other relevant legislation;
(b) Opportunities to meet goals and objectives defined in national
and State Director guidance;
(c) Resource demand forecasts and analyses relevant to the resource
area;
(d) The estimated sustained levels of the various goods, services
and uses that may be attained under existing biological and physical
conditions and under differing management practices and degrees of
management intensity which are economically viable under benefit cost or
cost effectiveness standards prescribed in national or State Director
guidance;
(e) Specific requirements and constraints to achieve consistency
with policies, plans and programs of other Federal agencies, State and
local government agencies and Indian tribes;
(f) Opportunities to resolve public issues and management concerns;
(g) Degree of local dependence on resources from public lands;
(h) The extent of coal lands which may be further considered under
provisions of Sec. 3420.2-3(a) of this title; and
(i) Critical threshold levels which should be considered in the
formulation of planned alternatives.
Sec. 1610.4-5 Formulation of alternatives.
All reasonable resource management alternatives shall be considered
and several complete alternatives developed for detailed study. The
alternatives developed shall reflect the variety of issues and guidance
applicable to the resource uses. In order to limit the total number of
alternatives analyzed in detail to a manageable number for presentation
and analysis, all reasonable variations shall be treated as
subalternatives. One alternative shall be
[[Page 19]]
for no action, which means continuation of present level or systems of
resource use. The plan shall note any alternatives identified and
eliminated from detailed study and shall briefly discuss the reasons for
their elimination.
Sec. 1610.4-6 Estimation of effects of alternatives.
The District or Area Manager shall estimate and display the
physical, biological, economic, and social effects of implementing each
alternative considered in detail. The estimation of effects shall be
guided by the planning criteria 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. 1610.4-7 Selection of preferred alternative.
The District or Area Manager shall evaluate the alternatives and the
estimation of their effects according to the planning criteria, and
develop a preferred alternative which shall best meet Director and State
Director guidance. The preferred alternative shall be incorporated into
the draft resource management plan and draft environmental impact
statement. The resulting draft resource management plan and draft
environmental impact statement shall be forwarded to the State Director
for approval, publication, and filing with the Environmental Protection
Agency. This draft plan and environmental impact statement shall be
provided for comment to the Governor of the State involved, and to
officials of other Federal agencies, State and local governments and
Indian tribes that the State Director has reason to believe would be
concerned. This action shall constitute compliance with the requirements
of Sec. 3420.1-7 of this title.
Sec. 1610.4-8 Selection of resource management plan.
After publication of the draft resource management plan and draft
environmental impact statement, the District Manager shall evaluate the
comments received and select and recommend to the State Director, for
supervisory review and publication, a proposed resource management plan
and final environmental impact statement. After supervisory review of
the proposed resource management plan, the State Director shall publish
the plan and file the related environmental impact statement.
Sec. 1610.4-9 Monitoring and evaluation.
The proposed plan shall establish intervals and standards, as
appropriate, for monitoring and evaluation of the plan. Such intervals
and standards shall be based on the sensitivity of the resource to the
decisions involved and shall provide for evaluation to determine whether
mitigation measures are satisfactory, whether there has been significant
change in the related plans of other Federal agencies, State or local
governments, or Indian tribes, or whether there is new data of
significance to the plan. The District Manager shall be responsible for
monitoring and evaluating the plan in accordance with the established
intervals and standards and at other times as appropriate to determine
whether there is sufficient cause to warrant amendment or revision of
the plan.
Sec. 1610.5 Resource management plan approval, use and modification.
Sec. 1610.5-1 Resource management plan approval and administrative review.
(a) The proposed resource management plan or revision shall be
submitted by the District Manager to the State Director for supervisory
review and approval. When the review is completed the State Director
shall either publish the proposed plan and file the related
environmental impact statement or return the plan to the District
Manager with a written statement of the problems to be resolved before
the proposed plan can be published.
(b) No earlier than 30 days after the Environmental Protection
Agency publishes a notice of the filing of the final environmental
impact statement in the Federal Register, and pending final action on
any protest that may be filed, the State Director shall approve the
plan. Approval shall be withheld on any portion of a plan or amendment
being protested until final action has
[[Page 20]]
been completed on such protest. Before such approval is given, there
shall be public notice and opportunity for public comment on any
significant change made to the proposed plan. The approval shall be
documented in a concise public record of the decision, meeting the
requirements of regulations for the National Environmental Policy Act of
1969 (40 CFR 1505.2).
Sec. 1610.5-2 Protest procedures.
(a) Any person who participated in the planning process and has an
interest which is or may be adversely affected by the approval or
amendment of a resource management plan may protest such approval or
amendment. A protest may raise only those issues which were submitted
for the record during the planning process.
(1) The protest shall be in writing and shall be filed with the
Director. The protest shall be filed within 30 days of the date the
Environmental Protection Agency published the notice of receipt of the
final environmental impact statement containing the plan or amendment in
the Federal Register. For an amendment not requiring the preparation of
an environmental impact statement, the protest shall be filed within 30
days of the publication of the notice of its effective date.
(2) The protest shall contain:
(i) The name, mailing address, telephone number and interest of the
person filing the protest;
(ii) A statement of the issue or issues being protested;
(iii) A statement of the part or parts of the plan or amendment
being protested;
(iv) 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; and
(v) A concise statement explaining why the State Director's decision
is believed to be wrong.
(3) The Director shall promptly render a decision on the protest.
The decision shall be in writing and shall set forth the reasons for the
decision. The decision shall be sent to the protesting party by
certified mail, return receipt requested.
(b) The decision of the Director shall be the final decision of the
Department of the Interior.
Sec. 1610.5-3 Conformity and implementation.
(a) All future resource management authorizations and actions, as
well as budget or other action proposals to higher levels in the Bureau
of Land Management and Department, and subsequent more detailed or
specific planning, shall conform to the approved plan.
(b) After a plan is approved or amended, and if otherwise authorized
by law, regulation, contract, permit, cooperative agreement or other
instrument of occupancy and use, the District and Area Manager shall
take appropriate measures, subject to valid existing rights, to make
operations and activities under existing permits, contracts, cooperative
agreements or other instruments for occupancy and use, conform to the
approved plan or 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 amendment may
appeal such action pursuant to 43 CFR 4.400 at the time the action is
proposed for implementation.
(c) If a proposed action is not in conformance, and warrants further
consideration before a plan revision is scheduled, such consideration
shall be through a plan amendment in accordance with the provisions of
Sec. 1610.5-5 of this title.
(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: Group 3400 of this title for coal;
Group 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. 1610.5-4 Maintenance.
Resource management plans and supporting components shall be
maintained as necessary to reflect minor changes in data. Such
maintenance is
[[Page 21]]
limited to further refining or documenting a previously approved
decision incorporated in the plan. Maintenance shall not result in
expansion in the scope of resource uses or restrictions, or change the
terms, conditions, and decisions of the approved plan. Maintenance is
not considered a plan amendment and shall not require the formal public
involvement and interagency coordination process described under
Secs. 1610.2 and 1610.3 of this title or the preparation of an
environmental assessment or environmental impact statement. Maintenance
shall be documented in plans and supporting records.
Sec. 1610.5-5 Amendment.
A resource management plan may be changed through amendment. An
amendment shall be initiated by the need to consider monitoring and
evaluation findings, new data, new or revised policy, a change in
circumstances or a proposed action that may result in a change in the
scope of resource uses or a change in the terms, conditions and
decisions of the approved plan. An amendment shall be made through an
environmental assessment of the proposed change, or an environmental
impact statement, if necessary, public involvement as prescribed in
Sec. 1610.2 of this title, interagency coordination and consistency
determination as prescribed in Sec. 1610.3 of this title and any other
data or analysis that may be appropriate. In all cases, the effect of
the amendment on the plan shall be evaluated. If the amendment is being
considered in response to a specific proposal, the analysis required for
the proposal and for the amendment may occur simultaneously.
(a) If the environmental assessment does not disclose significant
impact, a finding of no significant impact may be made by the District
Manager. The District Manager shall then make a recommendation on the
amendment to the State Director for approval, and upon approval, the
District Manager 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.
(b) If a decision is made to prepare an environmental impact
statement, the amending process shall follow the same procedure required
for the preparation and approval of the plan, but consideration shall be
limited to that portion of the plan being considered for amendment. If
several plans are being amended simultaneously, a single environmental
impact statement may be prepared to cover all amendments.
Sec. 1610.5-6 Revision.
A resource management plan shall be revised as necessary, based on
monitoring and evaluation findings (Sec. 1610.4-9), new data, new or
revised policy and changes in circumstances affecting the entire plan or
major portions of the plan. Revisions shall comply with all of the
requirements of these regulations for preparing and approving an
original resource management plan.
Sec. 1610.5-7 Situations where action can be taken based on another agency's plan, or a land use analysis.
These regulations authorize the preparation of a resource management
plan for whatever public land interests exist in a given land area.
There are situations of mixed ownership where the public land estate is
under non-Federal surface, or administration of the land is shared by
the Bureau of Land Management with another Federal agency. The District
and Area Manager may use the plans or the land use analysis of other
agencies when split or shared estate conditions exist in any of the
following situations:
(a) Another agency's plan (Federal, State, or local) may be used 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 participation.
(b) After evaluation and review, the Bureau of Land Management may
adopt another agency's plan for continued use as a resource management
plan if an agreement is reached between the Bureau of Land Management
and the other agency to provide for maintenance and amendment of the
plan, as necessary, to comply with law and policy applicable to public
lands.
[[Page 22]]
(c) A land use analysis may be used 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 participation as required by Sec. 1610.2 of this
title, the consultation and consistency determinations required by
Sec. 1610.3 of this title, the protest procedure prescribed by
Sec. 1610.5-2 of this title and a decision on the coal lease proposal. A
land use analysis meets the planning requirements of section 202 of the
Federal Land Policy and Management Act. The decision to approve the land
use analysis and to lease coal is made by the Departmental official who
has been delegated the authority to issue coal leases.
Sec. 1610.6 Management decision review by Congress.
The Federal Land Policy and Management Act requires that any Bureau
of Land Management 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 shall not be required prior to approval of a
resource management plan which, if fully or partially implemented, would
result in such an elimination. 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.
Sec. 1610.7 Designation of areas.
Sec. 1610.7-1 Designation of areas unsuitable for surface mining.
(a)(1) The 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
Bureau of Land Management 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 District Manager 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
Bureau of Land Management, 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 District Manager shall
take all necessary steps to implement the results of the unsuitability
review as it applies to minerals or materials other than coal.
Sec. 1610.7-2 Designation of areas of critical environmental concern.
Areas having potential for Areas of Critical Environmental Concern
(ACEC) designation and protection management shall be identified and
considered throughout the resource management planning process (see
Secs. 1610.4-1 through 1610.4-9).
(a) The inventory data shall be analyzed to determine whether there
are areas containing resources, values, systems or processes or hazards
eligible
[[Page 23]]
for further consideration for designation as an ACEC. In order to be a
potential ACEC, both of the following criteria shall be met:
(1) Relevance. There shall be present a significant historic,
cultural, or scenic value; a fish or wildlife resource or other natural
system or process; or natural hazard.
(2) Importance. The above described value, resource, system,
process, or hazard shall have substantial significance and values. This
generally requires qualities of more than local significance and 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) The State Director, upon approval of a draft resource management
plan, plan revision, or plan amendment involving ACECs, shall publish a
notice in the Federal Register listing each ACEC proposed and specifying
the resource use limitations, if any, which would occur if it were
formally designated. The notice shall provide a 60-day period for public
comment on the proposed ACEC designation. The approval of a resource
management plan, plan revision, or plan amendment constitutes formal
designation of any ACEC involved. The approved plan shall include the
general management practices and uses, including mitigating measures,
identified to protect designated ACEC.
Sec. 1610.8 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 shall be in compliance with the
principle of multiple use and sustained yield and shall have been
developed with public participation and governmental coordination, but
not necessarily precisely as prescribed in Secs. 1610.2 and 1610.3 of
this title.
(2) No sooner than 30 days after the Environmental Protection Agency
publishes a notice of the filing of a final court-ordered environmental
impact statement--which is based on a management framework plan--
proposed actions may be initiated without any further analysis or
processes included in this subpart.
(3) For proposed actions other than those described in paragraph
(a)(2) of this section, determination shall be made by the District or
Area Manager 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, it may be further
considered for decision under procedures applicable to that type of
action, including requirements of regulations for implementing the
procedural provisions of the National Environmental Policy Act in 40 CFR
parts 1500-1508.
(ii) If the proposed action is not in conformance with the
management framework plan, and if the proposed action warrants further
favorable consideration before a resource management plan is scheduled
for preparation, such consideration shall be through a management
framework plan amendment using the provisions of Sec. 1610.5-5 of this
title.
(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 and an environmental impact statement, if
necessary, plus any other data and analysis necessary 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. 1610.5-5 of this title for
amending a plan.
Group 1700--Program Management
PART 1780--COOPERATIVE RELATIONS--Table of Contents
Subpart 1784--Advisory Committees
Sec.
1784.0-1 Purpose.
1784.0-2 Objectives.
1784.0-3 Authority.
[[Page 24]]
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 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
[[Page 25]]
(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 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
[[Page 26]]
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 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
[[Page 27]]
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;
(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;
[[Page 28]]
(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 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
[[Page 29]]
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 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
[[Page 30]]
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 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
[[Page 31]]
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
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.
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.
[[Page 32]]
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.
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.
[[Page 33]]
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.
(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.
[[Page 34]]
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.
Editorial Note: At 64 FR 53215, Oct. 1, 1999, part 1820 was revised
effective Nov. 1, 1999. The superseded text remaining in effect until
Nov. 1, 1999, appears in the October 1, 1998, revision of title 43,
parts 1000 to end.
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, AK 99513-
7599--Alaska
Arizona State Office, 222 North Central Avenue, Suite 101, Phoenix, AZ
85004-2203--Arizona
California State Office, 2135 Butano Drive, Sacramento, CA 95825-0451--
California
Colorado State Office, 2850 Youngfield Street, Lakewood, CO 80215-7076--
Colorado
Eastern States Office, 7450 Boston Boulevard, Springfield, VA 22153--
Arkansas, Iowa, Louisiana, Minnesota, Missouri, and all States east of
the Mississippi River
Idaho State Office, 1387 South Vinnell Way, Boise, ID 83709--Idaho
Montana State Office, Granite Tower, 222 North 32nd Street, Billings, MT
59107-6800; Mail: P.O. Box 36800, Billings, MT 59107-6800--Montana,
North Dakota and South Dakota
Nevada State Office, 1340 Financial Boulevard, Reno, NV 89520-0006--
Nevada
New Mexico State Office, 1474 Rodeo Drive, Santa Fe, NM 87502-0115;
Mail: P.O. Box 27115, Santa Fe, NM 87502-0115--Kansas, New Mexico,
Oklahoma and Texas
[[Page 35]]
Oregon State Office, 1515 S.W. 5th Avenue, P.O. Box 2965, Portland, OR
97208--Oregon and Washington
Utah State Office, CFS Financial Center, 324 South State Street, Salt
Lake City, UT 84145-0155 Mail: P.O. Box 45155, Salt Lake City, UT 84145-
0155--Utah
Wyoming State Office, 5353 Yellowstone Road, Cheyenne, WY 82003; Mail:
P.O. Box 1828, Cheyenne, WY 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.
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 by delivery or by
mailing. If you have any questions regarding which types of
[[Page 36]]
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 37]]
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 38]]
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 39]]
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.
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 40]]
(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.
Sec. 1864.1 Application for issuance of a document of disclaimer.
Sec. 1864.1-1 Filing of application.
(a) Any present owner of record 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 by the United States and that such lands are not subject to any
valid claim of the United States.
(b) Prior to the acceptance for filing of an application under this
subpart, the authorized officer should discuss the proposal with the
proposed applicant to determine if the regulations in this subpart
apply.
(c) 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. 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;
(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
[[Page 41]]
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) An application shall be denied by the authorized officer if:
(1) More than 12 years have elapsed since the owner knew or should
have known of the alleged claim attributed to the United States;
(2) The application pertains to a security interest or water rights;
or
(3) The application pertains to trust or restricted Indian lands;
(b) The authorized officer shall, if the application meets the
requirements for further processing, determine the amount of deposit
needed to cover the administrative costs of processing the application
and issuing a disclaimer.
(c) The applicant shall submit a deposit in an amount determined by
authorized officer.
(d) If the application is concerned with what may be omitted lands,
it shall be processed in accordance with the applicable provisions of
part 9180 of this title. If the application is determined by the
authorized officer to involve omitted lands, the applicant shall be so
notified in writing.
Sec. 1864.1-4 Consultation with other Federal agencies.
If the lands included in the application are under the
administrative jurisdiction of a Federal agency other than the
Department of the Interior or if the issuance of a disclaimer for the
lands would, to the Bureau of Land Management's knowledge, directly
affect another Federal agency, the authorized officer shall refer the
application to that Federal agency for comment.
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 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
[[Page 42]]
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 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.
[[Page 43]]
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 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.
[[Page 44]]
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 1881--Payments in Lieu of Taxes
Sec.
1881.0-1 Purpose.
1881.0-3 Authority.
1881.0-5 Definitions.
1881.1 Procedures.
1881.1-1 Procedures, general.
1881.1-2 Procedures, section 1 payments.
1881.1-3 Procedures, section 3 payments.
1881.1-4 Procedures, absence of information.
1881.1-5 Requirement to report enactment of State distribution
legislation.
1881.2 Use of payments.
1881.3 Protests.
1881.4 Appeals.
Subpart 1882--Mineral Development Impact Relief Loans
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 1881--Payments in Lieu of Taxes
Authority: Pub. L. 94-565, 90 Stat. 2662, 31 U.S.C. 1601-1607.
Source: 42 FR 51580, Sept. 29, 1977, unless otherwise noted.
Sec. 1881.0-1 Purpose.
The regulations establish procedures for making payments in lieu of
taxes to units of local government for certain Federal lands within
their boundaries.
[[Page 45]]
Sec. 1881.0-3 Authority.
The authority for these regulations is the Act of October 20, 1976,
31 U.S.C. 6901-6907, hereinafter referred to as the Act.
[42 FR 51580, Sept. 29, 1977, as amended at 50 FR 1305, Jan. 10, 1985]
Sec. 1881.0-5 Definitions.
(a) A government, as that term is used by the Bureau of the Census
for general statistical purposes, is an organized entity having
substantial autonomy and whose officers are either popularly elected or
appointed by publicly elected officials. Other indicia of governmental
character include (1) a high degree of responsibility to the public for
performance of duties of a governmental nature, (2) power to levy taxes,
and (3) power to issue debt paying interest exempt from Federal
taxation.
(b)(1) Unit of general local government means a unit of that type of
government which, within its state, is the principal provider of
governmental services affecting the use of entitlement lands. Those
services of government include (but are not limited to) maintenance of
land records, police protection, fire protection, taxation, land use
planning, search and rescue and road construction. Ordinarily, a unit of
general government will be a county. However, where a smaller unit of
government is the principal provider of governmental services affecting
the use of public lands within a state, the smaller unit, even though
within a larger unit of government, will be considered a general unit of
government and will receive payments under the Act. These units of
general government will ordinarily be towns or townships within states
where county governments are nonexistent or nearly nonexistent. The term
unit of general government also includes:
(i) Governments with the functions of a unit of general local
government in that state combined with another type of government such
as city, township, parish, borough or county, e.g., a city and county as
in the City and County of Denver.
(ii) Cities located outside of any of the units of general local
government for that state and administering functions commonly performed
by those units of general local government.
(iii) Alaskan boroughs in existence on October 20, 1976, and,
beginning October 1, 1978, for purposes of payment under section 3 of
the Act, a unit of local government in Alaska located outside of
boundaries of an organized borough which acts as the collecting and
distributing agency for real property taxes.
(iv) The Governments of the District of Columbia, Puerto Rico, Guam
and the Virgin Islands.
(2) The term unit of general local government excludes single
purpose or special purpose units of local government such as school
districts or water districts.
(c) (1) Entitlement lands are lands owned by the United States which
are:
(i) Within the National Park System including wilderness areas;
(ii) Within the National Forest System including wilderness areas
and also including those areas of Superior National Forest, Minnesota,
set forth in 16 U.S.C. 577d and 577d-1 (1970);
(iii) Administered by the Secretary of the Interior through the
Bureau of Land Management;
(iv) Water resource projects administered by the Bureau of
Reclamation or Corps of Engineers;
(v) Dredge disposal areas administered by the Corps of Engineers;
(vi) Beginning October 1, 1978, lands on which are located
semiactive or inactive installations, not including industrial
installations, retained by the Army for mobilization purposes and for
support of reserve component training;
(vii) Beginning October 1, 1978, lands designated as reserve areas,
which means any area of land withdrawn from the public domain and
administered, either solely or primarily, by the Secretary through the
Fish and Wildlife Service. For the purpose of these regulations, reserve
areas also include lands in Hawaii, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands, which were initially administered by the
United States through an act of Congress, Executive Order, Public Land
Order or Proclamation of the President and administered, either solely
or primarily, by the Secretary through the Service; or
[[Page 46]]
(viii) Lands located in the vicinity of Purgatory River Canyon and
Pinon Canyon, Colorado, that were acquired by the United States after
December 23, 1981, to expand the Fort Carson military installation.
(2) Entitlement lands do not include:
(i) Lands that were owned or administered by a State or unit of
local government and which, at the time title was conveyed to the United
States, were exempt from payment of real estate taxes. However,
beginning October 1, 1978, this exclusion shall not apply to any
entitlement land which is or was acquired by a State or unit of local
government from private parties for the purpose of donation of such land
to the Federal Government and which is or was donated within eight years
of the date of acquisition thereof by the State or unit of local
government.
(ii) Any land for which any money was paid to a unit of local
government pursuant to the Act of August 28, 1937 (50 Stat. 875) or the
Act of May 24, 1939 (53 Stat. 753) in that fiscal year.
(d) Money transfers means money or cash payments received by units
of local government under the statutes in section 4 of the Act, 31
U.S.C. 1604. The term does not include payments made to a State and
distributed by the State directly to a school district or other single
or special purpose governmental entities, or payments distributed by the
State to the unit of local government which the unit of local government
is required by State law to pass on to a school district or other
independent single or special purpose governmental entity.
(e) Authorized officer means that official within the Bureau of Land
Management delegated the authority to carry out the provisions of the
Act.
(31 U.S.C. 1601-1607; 92 Stat. 1319, 1321-1322; 92 Stat. 171)
[42 FR 51580, Sept. 29, 1977, as amended at 45 FR 47619, July 15, 1980;
48 FR 42817, Sept. 20, 1983; 50 FR 1305, Jan. 10, 1985]
Sec. 1881.1 Procedures.
Sec. 1881.1-1 Procedures, general.
(a) The minimum payment shall be $100 to any one unit of local
government under both sections 1 and 3 of the Act, in aggregate.
(b) If money actually appropriated by Congress for distribution
during any fiscal year is insufficient to provide full payment to each
unit of local government, all payments due to eligible recipients in
that fiscal year shall be reduced proportionally, to the extent
determined necessary by the authorized officer.
Sec. 1881.1-2 Procedures, section 1 payments.
(a) The authorized officer shall determine which governments are
units of general local government eligible to receive payments under
section 1 of the Act in accordance with section 6(c) of the Act and the
definitions in Sec. 1881.0-5 of these regulations. In resolving
questions about the eligibility of any unit of general local government
and the status of entitlement lands, the authorized officer may consult
with the Bureau of the Census, officials of the appropriate State and
local government, and officials of the agency administering the
entitlement lands.
(b) In order to determine which units of local government are
entitled to receive payments under the act, the authorized officer shall
obtain the data necessary for making computations pursuant to the
formula in section 2 of the Act as follows:
(1) The amount of entitlement lands within the boundaries of each
unit of local government as of the last day of the fiscal year preceding
the fiscal year for which the payment is to be made and the amount of
payments made directly to those governments pursuant to the laws listed
in section 4 of the Act shall be obtained from the administering Federal
agencies;
(2) The amount of money transfers made by the State to eligible
units of local government pursuant to the laws listed in section 4 of
the Act shall be obtained from the Governor or his designated officials;
(3) The population of each unit of local government shall be
obtained from current Bureau of the Census statistics.
(c) The authorized officer shall compute and certify the amount of
payment to be made each unit of local government based on (1) the
formula and limitations set forth in section 2 of the
[[Page 47]]
Act and (2) the amount of actual appropriations.
(d) No computation will be certified by the authorized officer for
payment until the Governor of the State in which the unit of local
government is located or his delegate has provided the authorized
officer with:
(1) A statement of the amount of all money transfers received during
the previous fiscal year 1 by each entitled unit of local
government from the State from revenues derived under those laws listed
in section 4 of the Act; and
---------------------------------------------------------------------------
1 For fiscal year 1977, the transition quarter, July 1,
1976 to September 30, 1976, shall be excluded.
---------------------------------------------------------------------------
(2) A written certification by a State Auditor, an independent
Certified Public Accountant or an independent public accountant,
licensed on or before December 31, 1970, that the statements furnished
by the Governor or his delegate have been audited in accordance with
auditing standards established by the Comptroller General of the United
States in Standards for Audit of Governmental Organizations, Programs,
Activities and Functions, available through Superintendent of Documents,
U.S. Government Printing Office, Washington, D.C. 20402, and in
accordance with the audit guide for payments in lieu of taxes issued by
the Department of the Interior. Such audit certifications will be
required for statements submitted for the computation of payments
authorized by section 1 of the Act for:
(i) Payments to be made for fiscal years beginning on or after
October 1, 1979; and
(ii) Prior fiscal year payments as may be required by the Office of
the Inspector General, Department of the Interior.
The Authorized Officer may waive the requirement for audit
certifications where information contained in statements furnished by
the Governor or his delegate is verified by the General Accounting
Office, the Office of the Inspector General, or other qualified Federal
Officials, or where such verification is determined to be unnecessary.
(e) The Office of the Inspector General, U.S. Department of the
Interior, will provide appropriate assistance to the Director, Bureau of
Land Management to facilitate the implementation and administration of
the audit requirements specified in paragraph (d)(2) of this section
pursuant to the provisions of sections 4 and 6 of the Inspector General
Act of 1978 (92 Stat. 1102-1103, and 1104-1105). The Office of the
Inspector General will develop appropriate audit guides to be used by
State auditors, independent Certified Public Accountants or an
independent public accountant, licensed on or before December 31, 1970,
for auditing the statements of the Governors or their delegates and
submitting audit certifications specified in paragraph (d)(2) of this
section. Copies of the audit guides will be furnished to the Governor or
his delegate each year. Questions pertaining to the use or application
of this guide should be referred to the Office of Inspector General,
U.S. Department of the Interior, Washington, D.C. 20240.
(f) If a unit of general local government eligible for payments
under this part reorganizes, the authorized officer shall, for the
fiscal year in which the reorganization occurred, calculate payments as
if the reorganization had not occurred and issue any payments due under
this part jointly to all of the newly formed units of general
government.
(31 U.S.C. 1601-1607, (92 Stat. 1319, 1321-1322), (92 Stat. 171))
[42 FR 51580, Sept. 29, 1977, as amended at 45 FR 47619, July 15, 1980;
50 FR 1305, Jan. 10, 1985]
Sec. 1881.1-3 Procedures, section 3 payments.
(a) The authorized officer shall make payments to qualified units of
local government under section 3 of the Act, provided that the
administering agencies supply information as follows:
(1) Acreage or interests in land for which payments are authorized
within the boundaries of each qualified unit of local government; and
(2) Such other information as may be required to certify payments to
qualified units of local government.
(b) Counties receiving payments in excess of $100 shall distribute
those
[[Page 48]]
payments to affected units of local government and affected school
districts, in accordance with section 3 of the Act, within 90 days of
the receipt of such payment. Distribution shall be in proportion to the
tax revenues assessed and levied by the affected units of local
government and school districts in the Federal fiscal year prior to
acquisition of the entitlement lands by the Federal Government. The
Redwoods Community College District in California shall be considered an
affected school district.
(c) A certification by the county involved that appropriate
distribution of funds has been made shall be submitted to the authorized
officer within 120 days after the date that payments are received.
(d) In accordance with 106(c) of the Act of March 27, 1978 (92 Stat.
171), payment of the difference, if any, between the amounts actually
paid during each of the five fiscal years immediately following the
fiscal year in which lands or interests therein were acquired for
addition to the Redwoods National Park pursuant to said Act of March 27,
1978, and lands acquired in the Lake Tahoe Basin under the Act of
December 23, 1980 (Pub. L. 96-586), and 1% of the fair market value of
such lands and interests therein at the time of their acquisition shall
be deferred, unless the amount not paid, or any part of such amount, was
not paid due to an insufficiency of appropriated funds, commencing with
the sixth fiscal year following acquisition, the amount deferred shall
be paid to eligible counties annually in amounts that reflect the
limitations of section 3(c)(2) of the Act. Such payments shall be made
until the total amount deferred during the first five years has been
paid.
(31 U.S.C. 1601-1607, (92 Stat. 1319, 1321-1322), (92 Stat. 171))
[42 FR 51580, Sept. 29, 1977, as amended at 45 FR 47619, July 15, 1980;
50 FR 1305, Jan. 10, 1985]
Sec. 1881.1-4 Procedures, absence of information.
The authorized officer shall certify payments under the Act only to
the extent sufficient data is available to determine the amount due the
qualified units of local government.
Sec. 1881.1-5 Requirement to report enactment of State distribution legislation.
(a) Section 6907 of the Act provides that a single payment may be
made to a State for reallocation and redistribution to units of general
local government other than the principal provider of services as
determined by the Secretary. If the State decides to avail itself of
this provision, it shall comply with the following conditions:
(1) The State shall notify the authorized officer that it has
enacted legislation that conforms to section 6907 of the Act and within
60 days of its enactment, provide the authorized officer with a copy of
the legislation and the name and address of the State office to which
payment is to be made.
(2) The State legislation shall conform to the requirements of the
Act, particularly section 6907(a).
(b) If the authorized officer finds that a State's legislation
complies with the conditions set forth in paragraph (a) of this section,
he/she shall notify the State that a single payment will be made to the
designated State government office beginning with the Federal fiscal
year following the fiscal year in which the conforming legislation was
approved by the authorized officer. The authorized officer shall provide
the State with appropriate information that identifies the entitlement
lands data on which the payments are based.
(c)(1) If a State that has enacted conforming legislation as
described in paragraphs (a) and (b) of this section later repeals or
amends that legislation, the State shall immediately notify the
authorized officer of such change(s), in writing, and shall furnish the
authorized officer a copy of the legislation.
(2) If a State's conforming legislation is repealed or if the
authorized officer finds from a review of the legislation that it is so
altered as a result of amendments that it no longer complies with the
conditions stated in paragraph (a) of this section, he/she shall notify
the State office designated under paragraph (a)(1) of this section that
payment shall be made directly to eligible units of local government.
These payments shall begin with the Federal fiscal year in which a copy
of
[[Page 49]]
the State's legislation repealing or amending the State's conforming
legislation is received by the authorized officer. However, if a copy of
the State's repealing or amending legislation is received after July 1,
payments made directly to eligible units of local government shall not
begin until the subsequent Federal fiscal year.
[50 FR 1305, Jan. 10, 1985]
Sec. 1881.2 Use of payments.
The monies paid to entitled units or local government may be used
for any governmental purpose, except as noted in Sec. 1881.1-3(b) of
this part.
Sec. 1881.3 Protests.
(a) Computation of payments shall be based upon Federal land
records, population data from the Bureau of the Census, payments made to
units of local government through State government under the laws listed
in section 4 of the Act as reported by State Governors, Federal payments
made directly to units of local government under the laws listed in
section 4 of the Act as reported by the disbursing Federal agency.
(b) Any affected unit of local government may protest the results of
the computations of its payment to the authorized officer.
(c) Any protesting unit of local government shall submit sufficient
evidence to show error in the computations or the data on which the
computations are based.
(d) All protests to the authorized officer shall be filed by the
first business day of the calendar year following the end of the fiscal
year for which the payments were made.
(e) The authorized officer shall consult with the affected unit of
local government and the administering agency to resolve conflicts in
land records and other data sources.
Sec. 1881.4 Appeals.
Any affected unit of local government whose protest has been
rejected by the authorized officer may appeal to the Interior Board of
Land Appeals pursuant to the provisions of 43 CFR part 4.
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 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
[[Page 50]]
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 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
[[Page 51]]
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.
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 52]]
SUBCHAPTER B--LAND RESOURCE MANAGEMENT (2000)
Group 2000--Land Resource Management; General
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: 16 U.S.C. 3124; 30 U.S.C. 189; 43 U.S.C. 322, 641, 1201,
1624, 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
[[Page 53]]
Note), section 24 of the Federal Power 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 54]]
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).
[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993]
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
(3) Upon issuance of a patent or other document of conveyance;
whichever occurs first.
(b) Mineral interests reserved by the United States in connection
with the conveyance of public lands under the Recreation and Public
Purposes Act or section 203 of the Federal Land Policy and Management
Act, shall remain segregated from the mining laws pending
[[Page 55]]
the issuance of such regulations as the Secretary may prescribe.
[52 FR 12175, Apr. 15, 1987, as amended at 58 FR 60917, Nov. 18, 1993]
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)
[52 FR 12175, Apr. 15, 1987; 52 FR 13563, Apr. 23, 1987, as amended at
58 FR 60917, Nov. 18, 1993]
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) Upon conveyance of public lands under section 206 of the Federal
Land Policy and Management Act, mineral interests reserved by the United
States shall not be open to the operation of the mining laws pending the
issuance of such regulations as the Secretary may prescribe.
(d) 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]
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).
[[Page 56]]
(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).
(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
[[Page 57]]
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 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.)
[[Page 58]]
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 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
[[Page 59]]
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 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.
[[Page 60]]
Group 2100--Acquisitions
Group 2200--Exchanges
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.