[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Rules and Regulations]
[Pages 60554-60562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27509]
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 1600
[Docket ID: BLM-2016-0002; LLWO210000.17X.L16100000.PN0000]
RIN 1004-AE39
Effectuating Congressional Nullification of the Resource
Management Planning Rule Under the Congressional Review Act
AGENCY: Bureau of Land Management, Interior.
ACTION: Final rule; CRA revocation.
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SUMMARY: By operation of the Congressional Review Act (CRA), the
Resource Management Planning Rule (Planning 2.0 Rule) shall be treated
as if it had never taken effect. The BLM issues this document to effect
the removal of any amendments, deletions or other modifications made by
the nullified rule, and the reversion to the text of the regulations in
effect immediately prior to the effective date of the Planning 2.0
Rule.
DATES: This rule is effective on December 21, 2017.
ADDRESSES: Previous documents related to the Resource Management
Planning Rule (Planning 2.0 Rule), published at 81 FR 89580 (December
12, 2016), are available at www.regulations.gov in Docket No. BLM-2016-
0002.
FOR FURTHER INFORMATION CONTACT: Leah Baker, Division Chief for
Decision Support, Planning and NEPA, at 202-912-7282, for information
relating to the BLM's national planning program or the substance of
this final rule. For information on procedural matters or the
rulemaking process, you may contact Charles Yudson, Management Analyst
for the Office of Regulatory Affairs, at 202-912-7437. Persons who use
a telecommunications device for the deaf (TDD) may call the Federal
Relay Service at 1-800-877-8339, to contact these individuals. You will
receive a reply during normal business hours.
SUPPLEMENTARY INFORMATION: The BLM published the Resource Management
Planning Rule (Planning 2.0 Rule) on December 12, 2016 (81 FR 89580).
The rule became effective on January 11, 2017. On February 7, 2017, the
United States House of Representatives passed a resolution of
disapproval (H.J. Res. 44) of the Planning 2.0 Rule under the CRA, 5
U.S.C. 801 et seq. The Senate then passed a resolution of disapproval
(S.J. Res. 15) on March 7, 2017 (Cong. Rec. p. S1686-S1687). President
Trump then signed the resolution into law as Public Law Number 115-12
on March 27, 2017. Therefore, under the terms of the CRA, the BLM
Planning 2.0 Rule shall be ``treated as though such rule had never
taken effect.'' 5 U.S.C. 801(f).
However, because the CRA does not include direction regarding the
removal, by the Office of the Federal Register or otherwise, of the
voided language from the Code of Federal Regulations (CFR) the BLM must
publish this document to effect the removal of the voided text. This
document will enable the Office of the Federal Register to effectuate
congressional intent to remove the voided text of the Planning 2.0 Rule
as if it had never taken effect, and restore the previous language and
prior state of the CFR.
This action is not an exercise of the Department's rulemaking
authority under the Administrative Procedure
[[Page 60555]]
Act, because the Department is not ``formulating, amending, or
repealing a rule'' under 5 U.S.C. 551(5). Rather, the Department is
effectuating changes to the CFR to reflect what congressional action
has already accomplished--namely, the nullification of any changes
purported to have been made to the CFR by the Planning 2.0 Rule and the
reversion to the regulatory text in effect immediately prior to January
11, 2017, the effective date of the Planning 2.0 Rule. Accordingly, the
Department is not soliciting comments on this action. Moreover, this
action is not a final agency action subject to judicial review.
List of Subjects in 43 CFR Part 1600
Administrative practice and procedure, Coal, Environmental impact
statements, Environmental protection, Intergovernmental relations,
Public lands, State and local governments.
43 CFR Chapter II
0
For the reasons set out in the preamble, and under the authority of the
Congressional Review Act (5 U.S.C. 801 et seq.) and Public Law 115-12
(March 27, 2017), the Bureau of Land Management amends 43 CFR chapter
II by revising part 1600 to read as follows:
PART 1600--PLANNING, PROGRAMMING, BUDGETING
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 alternatives.
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.
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 provided by the Secretary and the Director.
(b) State Directors will provide quality control and supervisory
review, including plan approval, for plans and related environmental
impact statements and provide additional guidance, as necessary, for
use by Field Managers. State Directors will file draft and final
environmental impact statements associated with resource management
plans and amendments.
(c) Field Managers will prepare resource management plans,
amendments, revisions and related environmental impact statements.
State Directors must approve these documents.
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) Eligible cooperating agency means:
(1) A Federal agency other than a lead agency that is qualified to
participate in the development of environmental impact statements as
provided in 40 CFR 1501.6 and 1508.5 or, as necessary, other
environmental documents that BLM prepares, by virtue of its
jurisdiction by law as defined in 40 CFR 1508.15, or special expertise
as defined in 40 CFR 1508.26; or
(2) A federally recognized Indian tribe, a state agency, or a local
government agency with similar qualifications.
(e) Cooperating agency means an eligible governmental entity that
has entered into a written agreement with
[[Page 60556]]
the BLM establishing cooperating agency status in the planning and NEPA
processes. BLM and the cooperating agency will work together under the
terms of the agreement. Cooperating agencies will participate in the
various steps of BLM's planning process as feasible, given the
constraints of their resources and expertise.
(f) Field Manager means a BLM employee with the title ``Field
Manager'' or ``District Manager.''
(g) Guidance means any type of written communication or instruction
that transmits objectives, goals, constraints, or any other direction
that helps the Field Managers and staff know how to prepare a specific
resource management plan.
(h) 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.
(i) 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.
(j) 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.
(k) 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.
(l) 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.
(m) Resource area or field office 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.
(n) 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 Field 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, such as a
right-of-way corridor crossing several resource or field office 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
[[Page 60557]]
inappropriate when applied to a specific area being planned.
(b) A resource management plan shall be prepared and maintained on
a resource or field office 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 Field 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) When BLM starts to prepare, amend, or revise resource
management plans, we will begin the process by publishing a notice in
the Federal Register and appropriate local media, including newspapers
of general circulation in the state and field office area. The Field
Manager may also decide if it is appropriate to publish a notice in
media in adjoining States. 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 Field
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 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
management 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 Sec. Sec. 1610.2(c)
and 1610.4-1);
(2) Review of the proposed planning criteria (Sec. 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 Sec. Sec. 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) BLM will make copies of an approved resource management plan
and amendments reasonably available for public review. Upon request, we
will make single copies available to the public during the public
participation process. After BLM approves a plan, amendment, or
revision we may charge a fee for additional copies. We will also have
copies available for public review at the:
(1) State Office that has jurisdiction over the lands,
(2) Field Office that prepared the plan; and
(3) District Office, if any, having jurisdiction over the Field
Office that prepared the plan.
(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 Field 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 Field 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
[[Page 60558]]
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, the following coordination is to be accomplished with other
Federal agencies, state and local governments, and federally recognized
Indian tribes. The objectives of the coordination are for the State
Directors and Field Managers to:
(1) Keep apprised of non-Bureau of Land Management plans;
(2) Assure that BLM considers those plans that are germane in the
development of resource management plans for public lands;
(3) Assist in resolving, to the extent practicable, inconsistencies
between Federal and non-Federal government plans;
(4) Provide for meaningful public involvement of other Federal
agencies, State and local government officials, both elected and
appointed, and federally recognized Indian tribes, in the development
of resource management plans, including early public notice of final
decisions that may have a significant impact on non-Federal lands; and
(5) Where possible and appropriate, develop resource management
plans collaboratively with cooperating agencies.
(b) When developing or revising resource management plans, BLM
State Directors and Field Managers will invite eligible Federal
agencies, state and local governments, and federally recognized Indian
tribes to participate as cooperating agencies. The same requirement
applies when BLM amends resource management plans through an
environmental impact statement. State Directors and Field Managers will
consider any requests of other Federal agencies, state and local
governments, and federally recognized Indian tribes for cooperating
agency status. Field Managers who deny such requests will inform the
State Director of the denial. The State Director will determine if the
denial is appropriate.
(c) State Directors and Field 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.
(d) In developing guidance to Field Manager, 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.
(e) 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.
(f) 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 Field 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.
(g) When an advisory council has been formed under section 309 of
the Federal Land Policy and Management Act of 1976 for the area
addressed in a resource management plan or plan amendment, BLM will
inform that council, seek its views, and consider them throughout the
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.
[[Page 60559]]
(c) State Directors and Field 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 Field Manager, in
collaboration with any cooperating agencies, will analyze those
suggestions and other available data, such as records of 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.
(a) The Field Manager will prepare criteria to guide development of
the resource management plan or revision, to ensure:
(1) It is tailored to the issues previously identified; and
(2) That BLM avoids unnecessary data collection and analyses.
(b) Planning criteria will generally be based upon applicable law,
Director and State Director guidance, the results of public
participation, and coordination with any cooperating agencies and other
Federal agencies, State and local governments, and federally recognized
Indian tribes.
(c) BLM will make proposed planning criteria, including any
significant changes, available for public comment prior to being
approved by the Field Manager for use in the planning process.
(d) BLM may change planning criteria as planning proceeds if we
determine that public suggestions or study and assessment findings make
such changes desirable.
Sec. 1610.4-3 Inventory data and information collection.
The Field Manager, in collaboration with any cooperating agencies,
will 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 Field Manager, in collaboration with any cooperating agencies,
will 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.
At the direction of the Field Manager, in collaboration with any
cooperating agencies, BLM will consider all reasonable resource
management alternatives and develop several complete alternatives for
detailed study. Nonetheless, the decision to designate alternatives for
further development and analysis remains the exclusive responsibility
of the BLM. 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 sub-alternatives. One alternative shall be 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.
[[Page 60560]]
Sec. 1610.4-6 Estimation of effects of alternatives.
The Field Manager, in collaboration with any cooperating agencies,
will 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 alternatives.
The Field Manager, in collaboration with any cooperating agencies,
will evaluate the alternatives, estimate their effects according to the
planning criteria, and identify a preferred alternative that best meets
Director and State Director guidance. Nonetheless, the decision to
select a preferred alternative remains the exclusive responsibility of
the BLM. 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 Field 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 Field 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 Field 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 Field 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 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 Field 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
[[Page 60561]]
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 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 Sec. Sec. 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 Field
Manager. The Field Manager shall then make a recommendation on the
amendment to the State Director for approval, and upon approval, the
Field 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 Field 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.
(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
[[Page 60562]]
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 Field 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 Field 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
Sec. Sec. 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 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 Sec. Sec. 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 Field
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.
Katharine S. MacGregor,
Deputy Assistant Secretary--Land and Minerals Management, Exercising
the Authority of the Assistant Secretary--Lands and Minerals
Management.
[FR Doc. 2017-27509 Filed 12-20-17; 8:45 am]
BILLING CODE 4310-84-P