Bureau of Land Management, Interior

Group 2300-Withdrawals

PART 2300-LAND WITHDRAWALS

Subpart 2300-Withdrawals, General

Sec.2300.0-1 Purpose.2300.0-3 Authority.2300.0-5 Definitions.

Subpart 2310-Withdrawals, General:Procedure

2310.1 Procedures: General.2310.1-1 Preapplication consultation.2310.1-2 Submission of applications.2310.1-3 Submission of withdrawal petitions.2310.1-4 Cancellation of withdrawal applica-

tions or withdrawal proposals and denialof applications.

2310.2 Segregative effect of withdrawal ap-plications or withdrawal proposals.

2310.2-1 Termination of segregative effect ofwithdrawal applications or withdrawalproposals.

2310.3 Action on withdrawal applicationsand withdrawal proposals, except foremergency withdrawals.

2310.3-1 Publication and public meeting re-quirements.

2310.3-2 Development and processing of thecase file for submission to the Secretary.

2310.3-3 Action by the Secretary: Publicland orders and notices of denial.

2310.3-4 Duration of withdrawals.2310.3-5 Compensation for improvements.2310.3-6 Transfer of jurisdiction.2310.4 Review and extensions of with-

drawals.2310.5 Special action on emergency with-

drawals.

Subpart 2320-Federal Energy RegulatoryCommission Withdrawals

2320.0-3 Authority.2320.1 Lands considered withdrawn or clas-

sified for power purposes.2320.2 General determinations under the

Federal Power Act.2320.3 Applications for restoration.

AUTHORITY: 43 U.S.C. 1201; 43 U.S.C. 1740;E.O. 10355 (17 FR 4831, 4833).

SOURCE: 46 FR 5796, Jan. 19, 1981, unlessotherwise noted.

Subpart 2300-Withdrawals,General

§ 2300.0-1 Purpose.(a) These regulations set forth proce-

dures implementing the Secretary ofthe Interior's authority to process Fed-

§ 2300.0-3

eral land withdrawal applications and,where appropriate, to make, modify orextend Federal land withdrawals. Pro-cedures for making emergency with-drawals are also included.

(b) The regulations do not apply towithdrawals that are made by the Sec-retary of the Interior pursuant to anact of Congress which directs theissuance of an order by the Secretary.Likewise, procedures applicable towithdrawals authorized under the Sur-face Mining Control and ReclamationAct of 1977 (30 U.S.C. 1272(b); 1281), andprocedures relating to the Secretary'sauthority to establish Indian reserva-tions or to add lands to the reserva-tions pursuant to special legislation orin accordance with section 7 of the Actof June 18, 1934 (25 U.S.C. 467), as sup-plemented by section 1 of the Act ofMay 1, 1936 (25 U.S.C. 473a), are not in-cluded in these regulations.

(c) General procedures relating to theprocessing of revocation of withdrawalsand relating to the relinquishment ofreserved Federal land areas are not in-cluded in this part.

§ 2300.0-3 Authority.

(a)(1) Section 204 of the Federal LandPolicy and Management Act of 1976 (43U.S.C. 1714) gives the Secretary of theInterior general authority to make,modify, extend or revoke withdrawals,but only in accordance with the provi-sions and limitations of that section.Among other limitations, the FederalLand Policy and Management Act of1976 provides that the Secretary of theInterior does not have authority to:

(i) Make, modify or revoke any with-drawal created by an Act of Congress;

(ii) Make a withdrawal which can bemade only by an Act of Congress;

(iii) Modify or revoke any withdrawalcreating national monuments underthe Act of June 8, 1906 (16 U.S.C. 431-433), sometimes referred to as the An-tiquities Act;

(iv) Modify or revoke any withdrawalwhich added lands to the NationalWildlife Refuge System prior to Octo-ber 21, 1976, the date of approval of theFederal Land Policy and ManagementAct of 1976 or which thereafter addslands to that System under the termsof that Act. In this connection, nothing

43 CFR Ch. 11 (10-1-16 Edition)

in the Federal Land Policy and Man-agement Act of 1976 is intended to mod-ify or change any provision of the Actof February 27, 1976 (16 U.S.C. 668dd(a)).

(2) Executive Order 10355 of May 26,1952 (17 FR 4831), confers on the Sec-retary of the Interior all of the dele-gable authority of the President tomake, modify and revoke withdrawalsand reservations with respect to landsof the public domain and other landsowned and controlled by the UnitedStates in the continental United Statesor Alaska.

(3) The Act of February 28, 1958 (43U.S.C. 155-158), sometimes referred toas the Engle Act, places on the Sec-retary of the Interior the responsibilityto process Department of Defense ap-plications for national defense with-drawals, reservations or restrictionsaggregating 5,000 acres or more for anyone project or facility. These with-drawals, reservations or restrictionsmay only be made by an act of Con-gress, except in time of war or nationalemergency declared by the President orthe Congress and except as otherwiseexpressly provided in the Act of Feb-ruary 28, 1958.

(4) Section 302(b) of the Federal LandPolicy and Management Act of 1976 (43U.S.C. 1732(b)) authorizes the Secretaryof the Interior to regulate the manage-ment of the public lands as defined inthe Act through instruments, such asmemorandum of understanding, whichthe Secretary deems appropriate.

(5) Section 1326(a) of the Alaska Na-tional Interest Lands Conservation Act(Pub. L. 96-487), authorizes the Presi-dent and the Secretary to make with-drawals exceeding 5,000 acres, in theaggregate, in the State of Alaska sub-ject to the provisions that such with-drawals shall not become effectiveuntil notice is provided in the FEDERALREGISTER and to both Houses of theCongress and such withdrawals shallterminate unless Congress passes aJoint Resolution of approval withinone year after the notice of withdrawalhas been submitted to the Congress.

(b) The following references do notafford either withdrawal applicationprocessing or withdrawal authority butare provided as background informa-tion.

(1) Executive Order 6910 of November26, 1934, and E.O. 6964 of February 5,1935, as modified, withdrew sizable por-tions of the public lands for classifica-tion and conservation. These lands andthe grazing districts estalished underthe Taylor Grazing Act of 1934, asamended, are subject to the classifica-tion and opening procedures of section7 of the Taylor Grazing Act of June 28,1934, as amended (43 U.S.C. 315f); how-ever, they are not closed to the oper-ation of the mining or mineral leasinglaws unless separately withdrawn orreserved, classified for retention fromdisposal, or precluded from mineralleasing or mining location under otherauthority.

(2) The Classification and MultipleUse Act of September 19, 1964 (43 U.S.C.1411-1418), authorized the Secretary ofthe Interior through the Bureau ofLand Management for retention or dis-posal under Federal ownership andmanagement. Numerous classificationdecisions based upon this statutory au-thority were made by the Secretary ofthe Interior. For the effect of theseclassification with regard to the dis-posal and leasing laws of the UnitedStates, see subparts 2440 and 2461 ofthis title.

(3) Section 202 of the Federal LandPolicy and Management Act of 1976 (43U.S.C. 1712) provides for land use plan-ning and resultant management deci-sions which may operate to totallyeliminate a particular land use, includ-ing one or more principal or major uses,as defined in the Act. Withdrawalsmade pursuant to section 204 of theFederal Land Policy and ManagementAct of 1976 may be used in appropriatecases, to carry out management deci-sions, except that public lands, as de-fined in the Act, can be removed fromor restored to the operation of the Min-ing Law of 1872, as amended, or trans-ferred to another department, agencyor office, only by withdrawal actionpursuant to section 204 of the FederalLand Policy and Management Act of1976 or other action pursuant to appli-cable law.

(4) The first proviso of section 302(b)of the Federal Land Policy and Man-agement Act of 1976 (43 U.S.C. 1732(b))provides, in part, that unless otherwiseprovided for by law, the Secretary of

§ 2300.0-3

Bureau of Land Management, Interior

the Interior may permit Federal de-partments and agencies to use, occupyand develop public lands only throughrights-of-way under section 507 of theAct (43 U.S.C. 1767); withdrawals undersection 204 of the Act (43 U.S.C. 1714);and, where the proposed use and devel-opment are similar or closely relatedto the programs of the Secretary forthe public lands involved, cooperativeagreements under section 307(b) of theAct (43 U.S.C. 1737(b)).

(5) Section 701(c) of the Federal LandPolicy and Management Act of 1976 (43U.S.C. 1701 note) provides that all with-drawals, reservations, classificationsand designations in effect on October21, 1976, the effective date of the Act,shall remain in full force and effectuntil modified under the provisions ofthe Act or other applicable law.

§ 2300.0-5 Definitions.

As used in this part, the term:(a) Secretary means the Secretary of

the Interior or a secretarial officer sub-ordinate to the Secretary who has beenappointed by the President by and withthe advice and consent of the Senateand to whom has been delegated theauthority of the Secretary to performthe duties described in this part to beperformed by the Secretary.

(b) Authorized officer means any em-ployee of the Bureau of Land Manage-ment to whom has been delegated theauthority to perform the duties de-scribed in this part to be performed bythe authorized officer.

(c) Act means the Federal Land Pol-icy and Management Act of 1976, asamended (43 U.S.C. 1701 et seq.), unlessotherwise specified.

(d) Lands includes both upland andsubmerged land areas and any right orinterest in such areas. To the extentprovided in section 1 of the Act of Feb-ruary 28, 1958 (43 U.S.C. 155), the termalso includes offshore waters.

(e) Cultural resources means thosefragile and nonrenewable physical re-mains of human activity found in dis-tricts, sites, structures, burial mounds,petroglyphs, artifacts, objects, ruins,works of art, architecture or naturalsettings or features which were impor-tant to prehistoric, historic or otherland and resource use events.

§ 2300.0-5

(f) Archeological areas/resources meanssites or areas containing importantevidence or the physical remains offormer but now extinct culturalgroups, their skeletons, settlements,implements, artifacts, monuments andinscriptions.

(g) Resource use means a land usehaving as its primary objective thepreservation, conservation, enhance-ment or development of:

(1) Any renewable or nonrenewablenatural resource indigenous to a par-ticular land area, including, but notlimited to, mineral, timber, forage,water, fish or wildlife resources, or

(2) Any resource value associatedwith a particular land area, including,but not limited to, watershed, power,scenic, wilderness, clean air or rec-reational values. The term does not in-clude military or other governmentalactivities requiring land sites only asan incidental means to achieving anend not related primarily to the preser-vation, conservation, enhancement ordevelopment of natural resources or re-source values indigenous to or associ-ated with a particular land area.

(h) Withdrawal means withholding anarea of Federal land from settlement,sale, location, or entry under some orall of the general land laws, for thepurpose of limiting activities underthose laws in order to maintain otherpublic values in the area or reservingthe area for a particular public purposeor program; or transferring jurisdictionover an area of Federal land, otherthan property governed by the FederalProperty and Administrative ServicesAct (40 U.S.C. 472), from one depart-ment, bureau or agency to another de-partment, bureau or agency.

(i) Department means a unit of theExecutive branch of the Federal Gov-ernment which is headed by a memberof the President's Cabinet.

(j) Agency means a unit of the Execu-tive branch of the Federal Governmentwhich is not within a Department.

(k) Office means an office or bureauof the Department of the Interior.

(1) Applicant means any Federal de-partment, agency or office.

(m) Segregation means the removalfor a limited period, subject to validexisting rights, of a specified area ofthe public lands from the operation of

§2310.1

the public land laws, including themining laws, pursuant to the exerciseby the Secretary of regulatory author-ity to allow for the orderly administra-tion of the public lands.

(n) Legal description means a writtenland description based upon either anapproved and filed Federal land surveyexecuted as a part of the United StatesPublic Land Survey System or, wherespecifically authorized under Federallaw, upon a protraction diagram. In theabsence of the foregoing, the termmeans a written description, approvedby the authorized officer, which definesthe exterior boundaries of a tract ofland by reference to a metes andbounds survey or natural or othermonuments.

(o) Modify or modification does not in-clude, for the purposes of section 204 ofthe Act (43 U.S.C. 1714), the addition oflands to an existing withdrawal or thepartial revocation of a withdrawal.

(p) Withdrawal petition means a re-quest, originated within the Depart-ment of the Interior and submitted tothe Secretary, to file an application forwithdrawal.

(q) Withdrawal proposal means a with-drawal petition approved by the Sec-retary.

Subpart 2310-Withdrawals,

General: Procedure

§2310.1 Procedures: General.

(a) The basic steps leading up to themaking, modification or extension of awithdrawal, except emergency with-drawals, are:

(1) Preapplication consultation;(2) Obtaining Secretarial approval of

a withdrawal petition in appropriatecases;

(3) Submission for filing of an appli-cation for a requested withdrawal ac-tion;

(4) Publication in the FEDERAL REG-ISTER of a notice stating that a with-drawal proposal has been made or thatan application has been submitted forfiling.

(5) Negotiations between the appli-cant and the authorized officer as wellas the accomplishment of investiga-tions, studies and analyses which maybe required to process an application.

43 CFR Ch. 11 (10-1-16 Edition)

(6) Preparation of the case file to beconsidered by the Secretary, includingthe authorized officer's findings andrecommendations;

(7) Transmittal of the case file to theDirector, Bureau of Land Management,for the Director's review and decisionregarding the findings and rec-ommendations of the authorized offi-cer;

(8) Transmittal of the case file to theSecretary.

(9) Publication of a public land orderor a notice of denial signed by the Sec-retary. If the application seeks a na-tional defense withdrawal that mayonly be made by an Act of Congress,the Secretary will transmit to the Con-gress proposed legislation along withthe Secretary's recommendations, anddocumentation relating thereto.

§ 2310.1-1 Preapplication consultation.A potential applicant should contact

the appropriate State office of the Bu-reau of Land Management well in ad-vance of the anticipated submissiondate of an application. Early consulta-tion can familiarize the potential ap-plicant with the responsibilities of anapplicant, the authorized officer andthe Secretary. Early consultation alsowill assist in determining the need fora withdrawal, taking possible alter-natives into account, increase the like-lihood that the applicant's needs willbe considered in ongoing land use plan-ning, assist in determining the extentto which any public lands that may beinvolved would have to be segregated ifan application is submitted; and resultin preliminary determinations regard-ing the scheduling of various investiga-tions, studies, analyses, public meet-ings and negotiations that may be re-quired for a withdrawal. Studies andanalyses should be programmed to en-sure their completion in sufficienttime to allow the Secretary or the Con-gress adequate time to act on the ap-plication before the expiration of thesegregation period.

§ 2310.1-2 Submission of applications.

(a) Applications for the making,modification or extension of a with-drawal shall be submitted for filing, induplicate, in the proper Bureau of LandManagement office, as set forth in

Bureau of Land Management, Interior

§1821.2-1 of this title, except for emer-gency withdrawal requests and applica-tions that are classified for national se-curity reasons. Requests for emergencywithdrawals and applications that areclassified for national security reasonsshall be submitted, in duplicate, in theOffice of the Secretary, Department ofthe Interior, Washington, D.C. 20240.

(b) Before the authorized officer cantake action on a withdrawal proposal,a withdrawal application in supportthereof shall be submitted. The appli-cation may be submitted simulta-neously with the making of a with-drawal proposal, in which case only thenotice required by §2310.3-1(a) of thistitle, referencing both the applicationand the withdrawal proposal, shall bepublished.

(c) No specific form is required, but,except as otherwise provided in §2310.3-6(b) of this title, the application shallcontain at least the following informa-tion:

(1) The name and address of the ap-plicant. Where the organization intend-ing to use the lands is different fromthe applicant, the name and address ofsuch using agency shall also be in-cluded.

(2) If the applicant is a department oragency other than the Department ofthe Interior or an office thereof, astatement of the delegation or delega-tions of authority of the official actingon behalf of the department or agencysubmitting the application, substan-tiating that the official is empoweredto act on behalf of the head of the de-partment or agency in connection withall matters pertaining to the applica-tion.

(3) If the lands which are subject toan application are wholly or partiallyunder the administration of any de-partment or agency other than the De-partment of the Interior, the Secretaryshall make or modify a withdrawalonly with the consent of the head ofthe department or agency concerned,except in the case of an emergencywithdrawal. In such case, a copy of thewritten consent shall accompany theapplication. The requirements of sec-tion (e) of E.O. 10355 (17 FR 4831), shallbe complied with in those instances,where the Order applies.

§ 2310.1-2

(4) The type of withdrawal actionthat is being requested (See § 2300.0-5(h)of this title) and whether the applica-tion pertains to the making, extensionor modification of a withdrawal.

(5) A description of the lands in-volved in the application, which shallconsist of the following:

(i) A legal description of the entireland area that falls within the exteriorboundaries of the affected area and thetotal acreage of such lands;

(ii) A legal description of the lands,Federal or otherwise, within the exte-rior boundaries that are to be exceptedfrom the requested action, and afterdeducting the total acreage of all theexcepted lands, the net remaining acre-age of all Federal lands (as well as allnon-Federal lands which, if they shouldbe returned to or should pass to Fed-eral ownership, would become subjectto the withdrawal) within the exteriorboundaries of the affected land areas;

(iii) In the case of a national defensewithdrawal which can only be made byan Act of Congress, sections 3(2) and3(3) of the Act of February 28, 1958 (43U.S.C. 157 (2), (3)) shall be compliedwith in lieu of paragraphs (c)(5) (i) and(ii) of this section.

(6) If the application is for a with-drawal that would overlap, or thatwould add lands to one or more exist-ing withdrawals, the application shallalso contain:

(i) An identification of each of theexisting withdrawals, including theproject name, if any, the date of thewithdrawal order, the number and typeof order, if known, or, in lieu of theforegoing, a copy of the order;

(ii) As to each existing withdrawalthat would be overlapped by the re-quested withdrawal, the total area anda legal description of the area thatwould be overlapped; and

(iii) The total acreage, Federal orotherwise, that would be added to theexisting withdrawal, if the new applica-tion is allowed.

(7) The public purpose or statutoryprogram for which the lands would bewithdrawn. If the purpose or programfor which the lands would be with-drawn is classified for national secu-rity reasons, a statement to that effectshall be included; but, if at all possible,a general description of the use to

43 CFR Ch. 11 (10-1-16 Edition)

which the lands would be devoted, ifthe requested withdrawal is allowed,should be included. In the case of appli-cations that are not classified for na-tional security reasons, an analysis ofthe manner in which the lands as wellas their natural resources and resourcevalues would be used to implement thepurpose or program shall be provided.

(8) The extent to which the lands em-braced in the application are requestedto be withheld from settlement, sale,location or entry under the public landlaws, including the mining laws, to-gether with the extent to which, andthe time during which, the lands in-volved in the application would be tem-porarily segregated in accordance with§ 2310.2 of this subpart.

(9) The type of temporary land usethat, at the discretion of the author-ized officer, may be permitted or al-lowed during the segregation period, inaccordance with §2310.2 of this subpart.

(10) An analysis and explanation ofwhy neither a right-of-way under sec-tion 507 of the Act (43 U.S.C. 1767), nora cooperative agreement under sec-tions 302(b) (43 U.S.C. 1732(b)) and 307(b)(43 U.S.C. 1737(b)) of the act would ade-quately provide for the proposed use.

(11) The duration of the withdrawal,with a statement in justification there-of (see §2310.3-4 of this title). Where anextension of an existing withdrawal isrequested, its duration may not exceedthe duration of the existing with-drawal.

(12) A statement as to whether anysuitable alternative sites are availablefor the proposed use or for uses whichthe requested withdrawal action woulddisplace. The statement shall include astudy comparing the projected costs ofobtaining each alternative site in suit-able condition for the intended use, aswell as the projected costs of obtainingand developing each alternative sitefor uses that the requested withdrawalaction would displace.

(13) A statement as to whether waterwill or will not be needed to fulfill thepurpose of the requested withdrawalaction.

(14) The place where records relatingto the application can be examined byinterested persons.

(d) Except in the case of an emer-gency withdrawal, if the preceding ap-

plication requirements have not beenmet, or if an application seeks an ac-tion that is not within the scope of theSecretary's authority, the applicationmay be rejected by the authorized offi-cer as a defective application.

§2310.1-3 Submission of withdrawal

petitions.

(a) Withdrawal petitions shall be sub-mitted to the Director, Bureau of LandManagement, for transmittal to theSecretary.

(b) No specific form is required, butthe petition shall contain at least thefollowing information:

(1) The office originating the peti-tion;

(2) The type and purpose of the pro-posed withdrawal action (See §2300.0-5(h) of this title) and whether the peti-tion pertains to the making, extensionor modification of a withdrawal;

(3) A legal description of the entireland area that falls within the exteriorboundaries affected by the petition, to-gether with the total acreage of suchlands, and a map of the area;

(4) The extent to which and the timeduring which any public lands thatmay be involved in the petition wouldbe temporarily segregated and the tem-porary land uses that may be per-mitted during the segregation period,in accordance with §2310.2 of this title;and

(5) A preliminary identification ofthe mineral resources in the area.

(c) Except in the case of petitionsseeking emergency withdrawals, if apetition is submitted simultaneouslywith a withdrawal application, the in-formation requirements pertaining towithdrawal applications (See §2310.1-2of this title), shall supersede the re-quirements of this section.

(d) If a petition seeks an emergencywithdrawal under the provisions of sec-tion 204(e) of the act, the petition shallbe filed simultaneously with an appli-cation for withdrawal. In such in-stances, the petition/application shallprovide as much of the information re-quired by §§2310.1-2(c) and 2310.3-2(b) ofthis title as is available to the peti-tioner when the petition is submitted.

(e) Upon the approval by the Sec-retary of a petition for withdrawal, the

§ 2310.1-3

Bureau of Land Management, Interior

petition shall be considered as a Secre-tarial proposal for withdrawal, and no-tice of the withdrawal proposal shall bepublished immediately in the FEDERALREGISTER in accordance with §2310.3-1(a) of this title. If a petition whichseeks an emergency withdrawal is ap-proved by the Secretary, the publica-tion and notice provisions pertainingto emergency withdrawals shall be ap-plicable. (See § 2310.5 of this title.)

§ 2310.1-4 Cancellation of withdrawalapplications or withdrawal pro-posals and denial of applications.

(a) Withdrawal or extension applica-tions and proposals shall be amendedpromptly to cancel the application orproposal, in whole or in part, with re-spect to any lands which the applicant,in the case of applications, or the of-fice, in the case of proposals, deter-mines are no longer needed in connec-tion with a requested or proposed ac-tion. The filing of a cancellation noticein each such case shall result in thetermination of the segregation of thepublic lands that are to be eliminatedfrom the withdrawal application orwithdrawal proposal. (See §2310.2-1 ofthis title)

(b) The Secretary may deny an appli-cation if the costs (as defined in sec-tion 304(b) of the Act (43 U.S.C. 1734(b)).estimated to be incurred by the De-partment of the Interior would, in thejudgment of the Secretary, be exces-sive in relation to available funds ap-propriated for processing applicationsrequesting a discretionary withdrawal,or a modification or extension of awithdrawal.

§ 2310.2 Segregative effect of with-drawal applications or withdrawalproposals.

The following provisions apply onlyto applications or proposals to with-draw lands and not to applications orproposals seeking to modify or extendwithdrawals.

(a) Withdrawal applications or with-drawal proposals submitted on or afterOctober 21, 1976. Within 30 days of thesubmission for filing of a withdrawalapplication, or whenever a withdrawalproposal is made, a notice stating thatthe application has been submitted orthat the proposal has been made, shall

§ 2310.2

be published in the FEDERAL REGISTERby the authorized officer. Publicationof the notice in the FEDERAL REGISTERshall segregate the lands described inthe application or proposal from settle-ment, sale, location or entry under thepublic land laws, including the mininglaws, to the extent specified in the no-tice, for 2 years from the date of publi-cation of the notice unless the segrega-tive effect is terminated sooner in ac-cordance with the provisions of thispart. The notices published pursuant tothe provisions of this section shall bethe same notices required by §2310.3-1of this title. Publication of a notice ofa withdrawal application that is basedon a prior withdrawal proposal, noticeof which was published in the FEDERALREGISTER, shall not operate to extendthe segregation period which com-menced upon the publication of theprior withdrawal proposal.

(b) Withdrawal applications submittedbefore October 21, 1976. The public landsdescribed in a withdrawal applicationfiled before October 21, 1976, shall re-main segregated through October 20,1991, from settlement, sale, location orentry under the public land laws, in-cluding the mining laws, to the extentspecified in the FEDERAL REGISTER no-tice or notices that pertain to the ap-plication, unless the segregative effectof the application is terminated soonerin accordance with other provisions ofthis part. Any amendment made on orafter October 21, 1976, of a withdrawalapplication submitted before October21, 1976, for the purpose of adding Fed-eral lands to the lands described in aprevious application, shall require thepublication in the FEDERAL REGISTER,within 30 days of receipt of the amend-ed application, of a notice of theamendment of the withdrawal applica-tion. All of the lands described in theamended application which includesthose lands described in the originalapplication shall be segregated for 2years from the date of publication ofthe notice of the amended applicationin the FEDERAL REGISTER.

(c) Applications for licenses, permits,cooperative agreements or other dis-cretionary land use authorizations of atemporary nature that are filed on orafter October 21, 1976, regarding landsinvolved in a withdrawal application or

§ 2310.2-1

a withdrawal proposal and that arelisted in the notices required by§2310.3-2 of this title as permissibleduring the segregation period, may beapproved by the authorized officerwhile the lands remain segregated.

(d) Except as provided in paragraph(c) of this section, applications for theuse of lands involved in a withdrawalapplication or a withdrawal proposal,the allowance of which is discre-tionary, shall be denied.

(e) The temporary segregation oflands in connection with a withdrawalapplication or a withdrawal proposalshall not affect in any respect Federalagency administrative jurisdiction ofthe lands, and the segregation shall nothave the effect of authorizing or per-mitting any use of the lands by the ap-plicant or using agency.

§2310.2-1 Termination of the segrega-tive effect of withdrawal applica-tions or withdrawal proposals.

(a) The publication in the FEDERALREGISTER of an order allowing a with-drawal application, in whole or in part,shall terminate the segregative effectof the application as to those landswithdrawn by the order.

(b) The denial of a withdrawal appli-cation, in whole or in part, shall resultin the termination of the segregativeeffect of the application or proposal asto those lands where the withdrawal isdisallowed. Within 30 days followingthe decision to disallow the applicationor proposal, in whole or in part, the au-thorized officer shall publish a noticein the FEDERAL REGISTER specifyingthe reasons for the denial and the datethat the segregative period terminated.The termination date of the segrega-tion period shall be noted promptly onthe public land status records on or be-fore the termination date.

(c) The cancellation, in whole or inpart, of a withdrawal application or awithdrawal proposal shall result in thetermination of the segregative effect ofthe application or proposal, as to thoselands deleted from the application orproposal. The authorized officer shallpublish a notice in the FEDERAL REG-ISTER, within 30 days following the dateof receipt of the cancellation, speci-fying the date that the segregation ter-minated. The termination date of the

43 CFR Ch. 11 (10-1-16 Edition)

segregation shall be noted promptly onthe public land status records. If thecancellation applies to only a portionof the public lands that are describedin the withdrawal application or with-drawal proposal, then the lands thatare not affected by the cancellationshall remain segregated.

(d) The segregative effect resultingfrom the publication on or after Octo-ber 21, 1976, of a FEDERAL REGISTER no-tice of the submission of a withdrawalapplication or the making of a with-drawal proposal shall terminate 2 yearsafter the publication date of the FED-ERAL REGISTER notice unless the seg-regation is terminated sooner by otherprovisions of this section. A noticespecifying the date and time of termi-nation shall be published in the FED-ERAL REGISTER by the authorized offi-cer 30 days in advance of the termi-nation date. The public land statusrecords shall be noted as to the termi-nation date of the segregation periodon or before the termination date.Such a termination shall not affect theprocessing of the withdrawal applica-tion.

(e) The segregative effect resultingfrom the submission of a withdrawalapplication or withdrawal proposal be-fore October 21, 1976, shall terminateon October 20, 1991, unless the segrega-tion is terminated sooner by other pro-visions of this part. A notice specifyingthe date and time of termination shallbe published in the FEDERAL REGISTERby the authorized officer 30 days in ad-vance of October 20, 1991. The publicland status records shall be noted as tothe termination date of the segregationperiod on or before October 20, 1991.

§ 2310.3 Action on withdrawal applica-tions and withdrawal proposals, ex-cept for emergency withdrawals.

§ 2310.3-1 Publication and public

meeting requirements.

(a) When a withdrawal proposal ismade, a notice to that effect shall bepublished immediately in the FEDERALREGISTER. The notice shall contain theinformation required by §2310.1-3 ofthis title. In the event a withdrawal pe-tition, which subsequently becomes awithdrawal proposal, is submitted si-multaneously with a withdrawal appli-cation, the information requirements

Bureau of Land Management, Interior

for notices pertaining to withdrawalapplications (See paragraph (b) of thissection) shall supersede the informa-tion requirements of this paragraph.However, in such instances, the noticerequired by paragraph (b) of this sec-tion shall be published immediatelywithout regard to the 30-day period al-lowed for the filing for publication inthe FEDERAL REGISTER of withdrawalapplication notices.

(b)(1) Except for emergency with-drawals and except as otherwise pro-vided in paragraph (a) of this section,within 30 days of the submission for fil-ing of a withdrawal, extension or modi-fication application, the authorized of-ficer shall publish in the FEDERAL REG-ISTER a notice to that effect. The au-thorized officer also shall publish thesame notice in at least one newspaperhaving a general circulation in the vi-cinity of the lands involved and, withthe cooperation and assistance of theapplicant, when appropriate, shall pro-vide sufficient publicity to inform theinterested public of the requested ac-tion.

(2) The notice shall contain, in sum-mary form, the information requiredby §2310.1-2 of this title, except thatthe authorized officer may exclude theinformation required by §2310.1-2(c)(2)of this title, and as much of the de-scriptive information required by§2310.1-2(c) (5) and (6) of this title asthe authorized officer considers appro-priate. The notice shall:

(i) Provide a legal description of thelands affected by the application, to-gether with the total acreage of suchlands;

(ii) Specify the extent to which andthe time during which any lands thatmay be involved may be segregated inaccordance with §2310.2 of this title;

(iii) Identify the temporary land usesthat may be permitted or allowed dur-ing the segregation period as providedfor in § 2310.2(c) of this title;

(iv) Provide for a suitable period of atleast 90 days after publication of thenotice, for public comment on the re-quested action;

(v) Solicit written comments fromthe public as to the requested actionand provide for one or more publicmeetings in relation to requested ac-tions involving 5,000 or more acres in

§ 2310.3-1

the aggregate and; as to requested ac-tions involving less than 5,000 acres, so-licit and evaluate the written com-ments of the public as to the requestedaction and as to the need for publicmeetings;

(vi) State, in the case of a nationaldefense withdrawal which can only bemade by an Act of Congress, that if thewithdrawal is to be made, it will bemade by an Act of Congress;

(vii) Provide the address of the Bu-reau of Land Management office inwhich the application and the case filepertaining to it are available for publicinspection and to which the writtencomments of the public should be sent;

(viii) State that the application willbe processed in accordance with theregulations set forth in part 2300 of thistitle;

(ix) Reference, if appropriate, theFEDERAL REGISTER in which the noticeof a withdrawal proposal, if any, per-taining to the application was pub-lished previously;

(x) Provide such additional informa-tion as the authorized officer deemsnecessary or appropriate.

(c)(1) In determining whether a pub-lic meeting will be held on applicationsinvolving less than 5,000 acres of land,the authorized officer shall considerwhether or not:

(i) A large number of persons haveexpressed objections to or suggestionsregarding the requested action;

(ii) The objections or suggestions ex-pressed appear to have merit withoutregard to the number of persons re-sponding;

(iii) A public meeting can effectivelydevelop information which would oth-erwise be difficult or costly to accumu-late;

(iv) The requested action, because ofthe amount of acreage involved, the lo-cation of the affected lands or otherrelevant factors, would have an impor-tant effect on the public, as for exam-ple, the national or regional economy;

(v) There is an appreciable public in-terest in the lands or their use, as indi-cated by the records of the Bureau ofLand Management;

(vi) There is prevailing public opin-ion in the area that favors public meet-ings or shows particular concern overwithdrawal actions; and

43 CFR Ch. 11 (10-1-16 Edition)

(vii) The applicant has requested apublic meeting.

(2) A public meeting, whether re-quired or determined by the authorizedofficer to be necessary, shall be held ata time and place convenient to the in-terested public, the applicant and theauthorized officer. A notice stating thetime and place of the meeting, shall bepublished in the FEDERAL REGISTERand in at least one newspaper having ageneral circulation in the vicinity oflands involved in the requested action,at least 30 days before the scheduleddate of the meeting.

§ 2310.3-2 Development and processingof the case file for submission to theSecretary.

(a) Except as otherwise provided in§2310.3-6(b) of this title, the informa-tion, studies, analyses and reportsidentified in this paragraph that are re-quired by applicable statutes, or whichthe authorized officer determines to berequired for the Secretary or the Con-gress to make a decision or rec-ommendation on a requested with-drawal, shall be provided by the appli-cant. The authorized officer shall assistthe applicant to the extent the author-ized officer considers it necessary orappropriate to do so. The qualificationsof all specialists utilized by either theauthorized officer or the applicant toprepare the information, studies, anal-yses and reports shall be provided.

(b) The information, studies, anal-yses and reports which, as appropriate,shall be provided by the applicant shallinclude:

(1) A report identifying the presentusers of the lands involved, explaininghow the users will be affected by theproposed use and analyzing the mannerin which existing and potential re-source uses are incompatible with orconflict with the proposed use of thelands and resources that would be af-fected by the requested action. The re-port shall also specify the provisionsthat are to be made for, and an eco-nomic analysis of, the continuation, al-teration or termination of existinguses. If the provisions of §2310.3-5 ofthis title are applicable to the proposedwithdrawal, the applicant shall alsofurnish a certification that the require-ments of that section shall be satisfied

promptly if the withdrawal is allowedor authorized.

(2) If the application states that theuse of water in any State will be nec-essary to fulfill the purposes of the re-quested withdrawal, extension or modi-fication, a report specifying that theapplicant or using agency has acquired,or proposes to acquire, rights to theuse of the water in conformity with ap-plicable State laws and procedures re-lating to the control, appropriation,use and distribution of water, orwhether the withdrawal is intended toreserve, pursuant to Federal law, suffi-cient unappropriated water to fulfillthe purposes of the withdrawal. Watershall be reserved pursuant to Federallaw for use in carrying out the pur-poses of the withdrawal only if specifi-cally so stated in the relevant with-drawal order, as provided in § 2310.3-3(b)of this title and only to the extentneeded for the purpose or purposes ofthe withdrawal as expressed in thewithdrawal order. The applicant shallalso provide proof of notification of theinvolved State's department of waterresources when a land use needed tocarry out the purposes of the requestedwithdrawal will involve utilization ofthe water resources in a State. As acondition to the allowance of an orderreserving water, the applicant shallcertify to the Secretary that it shallquantify the amount of water to be re-served by the order.

(3) An environmental assessment, anenvironmental impact statement orany other documents as are needed tomeet the requirements of the NationalEnvironmental Policy Act of 1969 (42U.S.C. 4332(2)(C)), and the regulationsapplicable thereto. The authorized offi-cer shall participate in the develop-ment of environmental assessments orimpact statements. The applicant shalldesignate the Bureau of Land Manage-ment as a cooperating agency and shallcomply with the requirements of theregulations of the Council on Environ-mental Quality. The Bureau of LandManagement shall, at a minimum,independently evaluate and review thefinal product. The following itemsshall either be included in the assess-ment or impact statement, or theymay be submitted separately, with ap-propriate cross references.

§ 2310.3-2

Bureau of Land Management, Interior

(i) A report on the identification ofcultural resources prepared in accord-ance with the requirements of 36 CFRpart 800, and other applicable regula-tions.

(ii) An identification of the roadlessareas or roadless islands having wilder-ness characteristics, as described in theWilderness Act of 1964 (16 U.S.C. 1131, etseq.), which exist within the area cov-ered by the requested withdrawal ac-tion.

(iii) A mineral resource analysis pre-pared by a qualified mining engineer,engineering geologist or geologistwhich shall include, but shall not belimited to, information on: General ge-ology, known mineral deposits, pastand present mineral production, min-ing claims, mineral leases, evaluationof future mineral potential and presentand potential market demands.

(iv) A biological assessment of anylisted or proposed endangered orthreatened species, and their criticalhabitat, which may occur on or in thevicinity of the involved lands, preparedin accordance with the provisions ofsection 7 of the Endangered SpeciesAct of 1973, as amended (16 U.S.C. 1536),and regulations applicable thereto, ifthe Secretary determines that assess-ment is required by law.

(v) An analysis of the economic im-pact of the proposed uses and changesin use associated with the requestedaction on individuals, local commu-nities, State and local government in-terests, the regional economy and theNation as a whole.

(vi) A statement as to the extent andmanner in which the public partici-pated in the environmental reviewprocess.

(4) A statement with specific sup-porting data, as to:

(i) Whether the lands involved arefloodplains or are considered wetlands;and

(ii) Whether the existing and pro-posed uses would affect or be affectedby such floodplains or wetlands and, ifso, to what degree and in what manner.The statement shall indicate whether,if the requested action is allowed, itwill comply with the provisions of Ex-ecutive Orders 11988 and 11990 of May24, 1977 (42 FR 26951; 26961).

§ 2310.3-2

(5) A statement of the consultationwhich has been or will be conductedwith other Federal departments oragencies; with regional, State and localGovernment bodies; and with individ-uals and nongovernmental groups re-garding the requested action.

(c) Prior to final action being takenin connection with an application, theapplicant shall prepare, with the guid-ance and participation of the author-ized officer, and subject to the approvalof the authorized officer, the Secretaryand other affected departments, agen-cies or offices, a resource managementplan and implementation program re-garding the use and management ofany public lands with their related re-sources uses. Consideration shall begiven to the impact of the proposedreservation on access to and the use ofthe land areas that are located in thevicinity of the lands proposed to bewithdrawn. Where appropriate, theplan and program will be implementedby means of a memorandum of under-standing between the affected agencies.Any allocation of jurisdiction betweenthe agencies shall be effected in thepublic land order or legislation. Inthose cases where the Secretary, actingthrough the Bureau of Land Manage-ment, would continue to exercise par-tial jurisdiction, resource managementof withdrawn areas may be governed bythe issuance of management decisionsby the Bureau of Land Management toimplement land use plans developed orrevised under the land use planning re-quirements of section 202 of the Act (43U.S.C. 1712).

(d) In regard to national defensewithdrawals that can only be made byan Act of Congress, and to the extentthat they are not otherwise satisfiedby the information, studies, analysesand reports provided in accordancewith the provisions of this section, theprovisions of section 3(7) of the Act ofFebruary 28, 1958 (43 U.S.C. 157(7)), shallbe complied with.

(e) The authorized officer shall de-velop preliminary findings and rec-ommendations to be submitted to theSecretary, advise the applicant of thefindings and recommendations, andprovide the applicant an opportunityto discuss any objections thereto whichthe applicant may have.

43 CFR Ch. 11 (10-1-16 Edition)

(f) Following the discussion process,or in the absence thereof, the author-ized officer shall prepare the findings,keyed specifically to the relevant por-tions of the case file, and the rec-ommendations to the Secretary in con-nection with the application. The au-thorized officer also shall prepare, forconsideration by the Secretary, a pro-posed order or notice of denial. In thecase of a national defense withdrawalwhich can only be made by an Act ofCongress, the authorized officer shallprepare, with the cooperation of theapplicant, a draft legislative proposalto implement the applicant's with-drawal request, together with proposedrecommendations for submission bythe Secretary to the Congress. Thefindings and recommendations of theauthorized officer, and the other docu-ments previously specified in this sec-tion to be prepared by the authorizedofficer shall be made a part of the casefile. The case file shall then be sent tothe Director, Bureau of Land Manage-ment. At the same time, a copy of thefindings and recommendations of theauthorized officer shall be sent to theapplicant.

(1) If the applicant objects to the au-thorized officer's findings and rec-ommendations to the Secretary, theapplicant may, within 30 days of the re-ceipt by the applicant of notificationthereof, state its objections in writingand request the Director to review theauthorized officer's findings and rec-ommendations. The applicant shall beadvised of the Director's decision with-in 30 days of receipt of the applicant'sstatement of objections in the Bureauof Land Management's Washington of-fice. The applicant's statement of ob-jections and the Director's decisionshall be made a part of the case file andthereafter the case file shall be sub-mitted to the Secretary.

(2) If the applicant disagrees with thedecision of the Director, Bureau ofLand Management, the applicant may,within 30 days of receipt by the appli-cant of the Director's decision, submitto the Secretary a statement of rea-sons for disagreement. The statementshall be considered by the Secretarytogether with the findings and rec-ommendations of the authorized offi-cer, the applicant's statement of objec-

tions, the decision of the Director, thebalance of the case file and such addi-tional information as the Secretarymay request.

§ 2310.3-3 Action by the Secretary:Public land orders and notices ofdenial.

(ai Except for national defense with-drawals which can only be made by anAct of Congress, and except as may beotherwise provided in section l(d) ofExecutive Order 10355 (17 FR 4833), forapplications that are subject to thatorder, the allowance or denial, in wholeor in part, of a withdrawal; modifica-tion or extension application, may onlybe made by the Secretary.

(b)(1) Before the allowance of an ap-plication, in whole or in part, the Sec-retary shall first approve all applicablememoranda of understanding and theapplicant shall make all certificationsrequired in this part. When an applica-tion has been finally allowed, in wholeor in part, by the Secretary, an orderto that effect shall be publishedpromptly in the FEDERAL REGISTER.Each order shall be designated as, andshall be signed by the Secretary andissued in the form of, a public landorder. Water shall be reserved pursuantto Federal law for use in carrying outthe purposes of the withdrawal only ifspecifically so stated in the relevantpublic land order. In appropriate cases,the public land order also shall refer tothe memorandum of understanding dis-cussed in §2310.3-2(c) of this title andshall be drawn to comply with §2310.3-6 of this title.

(2) On the same day an order with-drawing 5,000 or more acres in the ag-gregate is signed, the Secretary shalladvise, in writing, each House of theCongress, or in the case of an emer-gency withdrawal, the appropriateCommittee of each House, of the with-drawal action taken. Pursuant to theSecretary's authority under the act,the notices that are sent to the Con-gress shall be accompanied by the in-formation required by section 204(c)(2)of the Act (43 U.S.C. 1714(c)(2)), exceptin the case of an emergency with-drawal, transmittal of the required in-formation may be delayed as providedin § 2310.5(c) of this title.

§ 2310.3-3

Bureau of Land Management, Interior

(c) When the action sought in an ap-plication involves the exercise by theSecretary of authority delegated byExecutive Order 10355 (17 FR 4831) andthe Secretary denies the application inwhole or in part, the applicant shall benotified of the reasons for the Sec-retary's decision. The decision shall besubject to further consideration only ifthe applicant informs the Secretary, inwriting, within 15 days of the receiptby the applicant of the Secretary's de-cision, that the applicant has sub-mitted the matter to the Office of Man-agement and Budget for considerationand adjustment, as provided for in sec-tion l(d) of the Executive Order.

(d) A withdrawal application shall bedenied, if, in the opinion of the Sec-retary, the applicant is attempting tocircumvent the Congressional reviewprovisions of section 204(c)(1) of the Act(43 U.S.C. 1714(c)(1)) concerning with-drawals of 5,000 or more acres in theaggregate.

(e) When an application is denied inits entirety by the Secretary, a noticeto that effect, signed by the Secretary,shall be published promptly in the FED-ERAL REGISTER.

(f) In the case of a national defensewithdrawal that may only be made byan Act of Congress, the Secretary shalltransmit to the Congress proposed leg-islation effecting the withdrawal re-quested, together with the rec-ommendations of the Secretary whichmay or may not support the proposedlegislation in whole or in part. The pro-posed legislation shall contain suchprovisions for continued operation ofthe public land laws as to the publicland areas included in the requestedwithdrawal as shall be determined bythe Secretary to be compatible withthe intended military use.

§ 2310.3-4 Duration of withdrawals.(a) An order initially withdrawing

5,000 or more acres of land in the aggre-gate, on the basis of the Secretary'sauthority under section 204 of the Act(43 U.S.C. 1714), may be made for a pe-riod not to exceed 20 years from thedate the order is signed, except thatwithdrawals exceeding 5,000 acres inthe State of Alaska shall not becomeeffective until notice is provided in theFEDERAL REGISTER and to both Houses

§ 2310.3-5

of Congress. All orders withdrawing5,000 or more acres in the aggregateshall be subject to the Congressionalreview provision of section 204(c) of theAct (43 U.S.C. 1714(c)), except as fol-lows:

(1) A National Wildlife Refuge Sys-tem withdrawal may not be terminatedas provided in section 204(c)(1) of theAct (43 U.S.C 1714(c)(1)) other than byan Act of Congress; or

(2) A withdrawal exceeding 5,000 acresin the State of Alaska shall terminateunless Congress passes a Joint Resolu-tion of approval within 1 year after thenotice of such withdrawal has beensubmitted to the Congress.

(b) An order initially withdrawingless than 5,000 acres of land, in the ag-gregate, on the basis of the Secretary'sauthority under section 204 of the Act(43 U.S.C. 1714), may be made:

(1) For such time as the Secretary de-termines desirable for a resource use;

(2) For not more than 20 years forany other use, including, but not lim-ited to, the use of lands for non-re-source uses, related administrativesites and facilities or for other propri-etary purposes; or

(3) For not more than 5 years to pre-serve the lands for a specific use thenunder consideration by either House ofCongress.

(c) An order withdrawing lands onthe basis of an emergency as providedfor in section 204(e) of the Act (43U.S.C. 1714(e)) may be made for notmore than 3 years.

(d) Except for emergency with-drawals, withdrawals of specific dura-tion may be extended, as provided forin § 2310.4 of this title.

§ 2310.3-5 Compensation for improve-

ments.

(a) When an application is allowed,the applicant shall compensate theholder of record of each permit, licenseor lease lawfully terminated or re-voked after the allowance of an appli-cation, for all authorized improve-ments placed on the lands under theterms and conditions of the permit, li-cense or lease, before the lands weresegregated or withdrawn. The amountof such compensation shall be deter-mined by an appraisal as of the date of

43 CFR Ch. II (10-1-16 Edition)

revocation or termination of the per-mit, license or lease, but shall not ex-ceed fair market value. To the extentsuch improvements were constructedwith Federal funds, they shall not becompensable unless the United Stateshas been reimbursed for such fundsprior to the allowance of the applica-tion and then only to the extent of thesum that the United States has re-ceived.

(b) When an application is allowedthat affects public lands which are sub-ject to permits or leases for the grazingof domestic livestock and that is re-quired to be terminated, the applicantshall comply with the cancellation no-tice and compensation requirements ofsection 402(g) of the Act (43 U.S.C.1752(g)), to the extent applicable.

§ 2310.3-6 Transfer of jurisdiction.A public land order that reserves

lands for a department, agency or of-fice, shall specify the extent to whichjurisdiction over the lands and their re-lated resource uses will be exercised bythat department, agency or office. (See§2310.3-2(c) of this title).

§ 2310.4 Review and extensions ofwithdrawals.

(a) Discretionary withdrawals of spe-cific duration, whether made prior toor after October 21, 1976, shall be re-viewed by the Secretary commencingat least 2 years before the expirationdate of the withdrawal. When re-quested, the department, agency or of-fice benefitting from the withdrawalshall promptly provide the Secretarywith the information required by§2310.1-2(c) of this title, and the infor-mation required by §2310.3-2(b) of thistitle, in the form of a withdrawal ex-tension application with supplementalinformation. If the concerned depart-ment, agency or office is delinquent inresponding to such request, thedeliquency shall constitute a groundfor not extending the withdrawal. Suchwithdrawals may be extended or fur-ther extended only upon compliancewith these regulations, and only if theSecretary determines that the purposefor which the withdrawal was firstmade requires the extension, and thenonly for a period that shall not exceedthe duration of the original withdrawal

period. In allowing an extension, theSecretary shall comply with the provi-sions of section 204(c) of the Act (43U.S.C. 1714(c)), or section 204(d) of theAct (43 U.S.C. 1714(d)), whichever is ap-plicable; and, whether or not an exten-sion is allowed, the Secretary shall re-port promptly on the decision for eachpending extension to the CongressionalCommittees that are specified in sec-tion 204(f) of the Act (43 U.S.C. 1714(f)).

(b) Notwithstanding the provisions ofthis section, if the Secretary deter-mines that a National Wildlife RefugeSystem withdrawal of specific durationshall not be extended, the Secretaryshall nevertheless extend or reextendthe withdrawal until such time as thewithdrawal is terminated by an Act ofCongress.

§2310.5 Special action on emergency

withdrawals.

(a) When the Secretary makes anemergency withdrawal under Section204(e) of the Act (43 U.S.C. 1714(e)), thewithdrawal will be made immediatelyand will be limited in scope and dura-tion to the emergency. An emergencywithdrawal will be effective whensigned, will not exceed 3 years in dura-tion, and may not be extended by theSecretary. If it is determined that thelands involved in an emergency with-drawal should continue to be with-drawn, a withdrawal application shouldbe submitted to the Bureau of LandManagement in keeping with the nor-mal procedures for processing a with-drawal as provided for in this subpart.Such applications will be subject to theprovisions of Section 204(c) of the Act(43 U.S.C. 1714(c)), or Section 204(d) ofthe Act (43 U.S.C. 1714(d)), whichever isapplicable, as well as Section 204(b)(1)of the Act (43 U.S.C. 1714(b)(1)).

(b) When an emergency withdrawal issigned, the Secretary must, on thesame day, send a notice of the with-drawal to the two Committees of theCongress that are specified for thatpurpose in Section 204(e) of the Act (43U.S.C. 1714(e)).

(c) The Secretary must forward a re-port to each of the aforementionedcommittees within 90 days after filingwith them the notice of Secretarialemergency withdrawal. Reports for allsuch withdrawals, regardless of the

§ 2310.3-6

Bureau of Land Management, Interior

amount of acreage withdrawn, will con-tain the information specified in Sec-tion 204(c)(2) of the Act (43 U.S.C.1714(c)(2)).

[73 FR 74047, Dec. 5, 2008]

Subpart 2320-Federal EnergyRegulatory Commission With-drawals

§ 2320.0-3 Authority.

(a) Section 24 of the Federal PowerAct of June 10, 1920, as amended (16U.S.C. 818), provides that any lands ofthe United States included in an appli-cation for power development underthat Act shall, from the date of filingof an application therefor, be reservedfrom entry, location or other disposalunder the laws of the United Statesuntil otherwise directed by the FederalEnergy Regulatory Commission or byCongress. This statute also providesthat whenever the Commission shalldetermine that the value of any landsof the United States withdrawn or clas-sified for power purposes shall not beinjured or destroyed for such purposesby location, entry or selection underthe public land laws, the Secretary ofthe Interior shall declare such landsopen to location, entry or selection forsuch purposes under such restrictionsas the Commission may determine arenecessary, and subject to and with areservation of the right of the UnitedStates or its permittees or licensees toenter upon, occupy and use any and allof the lands for power purposes. Beforeany lands are declared open to loca-tion, entry or selection, the Secretaryshall give notice of his intention tomake this declaration to the Governorof the State within which such landsare located, and the State shall have apreference for a period of 90 days fromthe date of this notice to file under anyapplicable law or regulation an appli-cation of the State, or any politicalsubdivision thereof, for any lands re-quired as a right-of-way for a publichighway or as a source of materials forthe construction and maintenance ofsuch highways. The 90-day preferencedoes not apply to lands which remainwithdrawn for national forest or otherpurposes.

§ 2320.2

(b) The Mining Claims Rights Res-toration Act of 1955 (30 U.S.C. 621 etseq.), opened public lands which werethen, or thereafter, withdrawn or clas-sified for power purposes, with speci-fied exceptions, to mineral locationand development under certain cir-cumstances.

§2320.1 Lands considered withdrawn

or classified for power purposes.

The following classes of lands of theUnited States are considered as with-drawn or classified for the purposes ofsection 24 of the Federal Power Act (16U.S.C. 818): Lands withdrawn forpowersite reserves under sections 1 and2 of the Act of June 25, 1910, as amend-ed (43 U.S.C. 141-148); lands included inan application for power developmentunder the Federal Power Act (16 U.S.C.818); lands classified for powersite pur-poses under the Act of March 3, 1879 (43U.S.C. 31); lands designated as valuablefor power purposes under the Act ofJune 25, 1910, as amended (43 U.S.C.148); the Act of June 9, 1916 (39 Stat.218, 219), and the Act of February 26,1919 (40 Stat. 1178, 1180); lands withinfinal hydroelectric power permitsunder the Act of February 15, 1901 (43U.S.C. 959); and lands within trans-mission line permits or approvedrights-of-way under the aforemen-tioned Act of February 15, 1901, or theAct of March 4, 1911 (43 U.S.C. 961).

§ 2320.2 General determinations underthe Federal Power Act.

(a) On April 22, 1922, the FederalPower Commission (as predecessor tothe Federal Energy Regulatory Com-mission) made a general determination"that where lands of the United Stateshave heretofore been or hereafter maybe reserved or classified as powersites,such reservation or classification beingmade solely because such lands are ei-ther occupied by power transmissionlines or their occupancy and use forsuch purposes have been applied for orauthorized under appropriate laws ofthe United States, and such lands haveotherwise no value for power purposes,and are not occupied in trespass, theCommission determines that the valueof such lands so reserved or classifiedor so applied for or authorized, shall

43 CFR Ch. 11 (10-1-16 Edition)

not be injured or destroyed for the pur-poses of power development by loca-tion, entry or selection under the pub-lic land laws, subject to the reservationof section 24 of the Federal PowerAct."

(b) The regulations governing mininglocations on lands withdrawn or classi-fied for power purposes, including landsthat have been restored and opened tomining locations under section 24 ofthe Federal Power Act, are containedin subpart 3730 and in Group 3800 of thistitle.

§ 2320.3 Applications for restoration.

(a) Other than with respect to na-tional forest lands, applications for res-toration and opening of lands with-drawn or classified for power purposesunder the provisions of section 24 ofthe Federal Power Act shall be filed, induplicate, in the proper office of theBureau of Land Management as setforth in §2321.2-1 of this title. No par-ticular form of application is required,but it shall be typewritten or in legiblehandwriting, and it shall contain theinformation required by 18 CFR 25.1:Each application shall be accompaniedby a service charge of $10 which is notreturnable.

(b) Favorable action upon an applica-tion for restoration shall not give theapplicant any preference right whenthe lands are opened.

PART 2360-NATIONAL PETROLEUMRESERVE IN ALASKA

Subpart 2361-Management and Protec-tion of the National Petroleum Reservein Alaska

Sec.2361.0-1 Purpose.2361.0-2 Objectives.2361.0-3 Authority.2361.0-4 Responsibility.2361.0-5 Definitions.2361.0-6 [Reserved]2361.0-7 Effect of law.2361.1 Protection of the environment.2361.2 Use authorizations.2361.3 Unauthorized use and occupancy.

Subpart 2361-Management andProtection of the National Pe-troleum Reserve in Alaska

SOURCE: 42 FR 28721, June 3, 1977, unless

otherwise noted.

§ 2361.0-1 Purpose.

The purpose of the regulations in thissubpart is to provide procedures for theprotection and control of environ-mental, fish and wildlife, and historicalor scenic values in the National Petro-leum Reserve in Alaska pursuant tothe provisions of the Naval PetroleumReserves Production Act of 1976 (90Stat. 303; 42 U.S.C. 6501 et seq.).

§ 2361.0-2 Objectives.

The objective of this subpart is toprovide for the protection of the envi-ronmental, fish and wildlife, and his-torical or scenic values of the Reserveso that activities which are or mightbe detrimental to such values will becarefully controlled to the extent con-sistent with the requirements of theAct for petroleum exploration of thereserve.

§ 2361.0-3 Authority.

The Naval Petroleum Reserve Pro-duction Act of 1976 (90 Stat. 303, 42U.S.C. 6501, et seq.) is the statutory au-thority for these regulations.

§ 2361.0-4 Responsibility.(a) The Bureau of Land Management

(BLM) is responsible for the surfacemanagement of the reserve and protec-tion of the surface values from environ-mental degradation, and to preparerules and regulations necessary tocarry out surface management and pro-tection duties.

(b) The U.S. Geological Survey is re-sponsible for management of the con-tinuing exploration program during theinterim between the transfer of juris-diction from the U.S. Navy to the U.S.Department of the Interior and the ef-fective date of any legislation for apermanent development and produc-tion program to enforce regulationsand stipulations which relate to the ex-ploration of petroleum resources of theReserve, and to operate the South Bar-row gas field or such other fields as

§ 2320.3

Bureau of Land Management, Interior

shall be subject to such terms and con-ditions which the authorized officer de-termines to be necessary to protect theenvironmental, fish and wildlife, andhistorical or scenic values of the Re-serve.

§2361.3 Unauthorized use and occu-

pancy.

Any person who violates or fails tocomply with regulations of this sub-part is subject to prosecution, includ-ing trespass and liability for damages,pursuant to the appropriate laws.

PART 2370-RESTORATIONS ANDREVOCATIONS

Subpart 2370-Restorations andRevocations; General

Sec.2370.0-1 Purpose.2370.0-3 Authority.

Subpart 2372-Procedures

2372.1 Notice of intention to relinquish ac-tion by holding agency.

2372.2 Report to General Services Adminis-tration.

2372.3 Return of lands to the public domain;conditions.

Subpart 2374-Acceptance of Jurisdictionby BLM

2374.1 Property determinations.2374.2 Conditions of acceptance by BLM.

AUTHORITY: 63 Stat. 377 as amended, R.S.2478; 40 U.S.C. 472, 43 U.S.C. 1201.

Subpart 2370-Restorations andRevocations; General

§ 2370.0-1 Purpose.The regulations of this part 2370

apply to lands and interests in landswithdrawn or reserved from the publicdomain, except lands reserved or dedi-cated for national forest or nationalpark purposes, which are no longerneeded by the agency for which thelands are withdrawn or reserved.

[35 FR 9558, June 13, 1970]

§ 2370.0-3 Authority.The Federal Property and Adminis-

trative Services Act of 1949 (63 Stat.377), as amended, governs the disposal

§ 2372. 1

of surplus Federal lands or interests inlands. Section 3 of that Act (40 U.S.C.472), as amended, February 28, 1958 (72Stat. 29), excepts from its provisionsthe following:

(a) The public domain.(b) Lands reserved or dedicated for

national forest or national park pur-poses.

(c) Minerals in lands or portions oflands withdrawn or reserved from thepublic domain which the Secretary ofthe Interior determines are suitable fordisposition under the public land min-ing and mineral leasing laws.

(d) Lands withdrawn or reserved fromthe public domain, but not includinglands or portions of lands so withdrawnor reserved which the Secretary of theInterior, with the concurrence of theAdministrator of the General ServicesAdministration, determines are notsuitable for return to the public do-main for disposition under the generalpublic-land laws, because such landsare substantially changed in characterby improvements or otherwise.

[35 FR 9558, June 13, 1970]

Subpart 2372-Procedures

SOURCE: 35 FR 9558, June 13, 1970, unlessotherwise noted.

§ 2372.1 Notice of intention to relin-quish action by holding agency.

(a) Agencies holding withdrawn or re-served lands which they no longer needwill file, in duplicate, a notice of inten-tion to relinquish such lands in theproper office (see §1821.2-1 of this chap-ter).

(b) No specific form of notice is re-quired, but all notices must containthe following information:

(1) Name and address of the holdingagency.

(2) Citation of the order which with-drew or reserved the lands for the hold-ing agency.

(3) Legal description and acreage ofthe lands, except where reference tothe order of withdrawal or reservationis sufficient to identify them.

(4) Description of the improvementsexisting on the lands.

(5) The extent to which the lands arecontaminated and the nature of thecontamination.

43 CFR Ch. 11 (10-1-16 Edition)

(6) The extent to which the landshave been decontaminated or the meas-ures taken to protect the public fromthe contamination and the proposals ofthe holding agency to maintain protec-tive measures.

(7) The extent to which the landshave been changed in character otherthan by construction of improvements.

(8) The extent to which the lands orresources thereon have been disturbedand the measures taken or proposed tobe taken to recondition the property.

(9) If improvements on the lands havebeen abandoned, a certification thatthe holding agency has exhausted Gen-eral Services Administration proce-dures for their disposal and that theimprovements are without value.

(10) A description of the easements orother rights and privileges which theholding agency or its predecessors havegranted covering the lands.

(11) A list of the terms and condi-tions, if any, which the holding agencydeems necessary to be incorporated inany further disposition of the lands inorder to protect the public interest.

(12) Any information relating to theinterest of other agencies or individ-uals in acquiring use of or title to theproperty or any portion of it.

(13) Recommendations as to the fur-ther disposition of the lands, includingwhere appropriate, disposition by theGeneral Services Administration.

§ 2372.2 Report to General ServicesAdministration.

The holding agency will send onecopy of its report on unneeded lands tothe appropriate regional office of theGeneral Services Administration for itsinformation.

§ 2372.3 Return of lands to the publicdomain; conditions.

(a) When the authorized officer of theBureau of Land Management deter-mines the holding agency has compliedwith the regulations of this part, in-cluding the conditions specified in§ 2374.2 of this subpart, and that thelands or interests in lands are suitablefor return to the public domain for dis-position under the general public landlaws, he will notify the holding agencythat the Department of the Interior ac-cepts accountability and responsibility

for the property, sending a copy of thisnotice to the appropriate regional of-fice of the General Services Adminis-tration.

(b) [Reserved]

Subpart 2374-Acceptance ofJurisdiction by BLM

§ 2374.1 Property determinations.

(a) When the authorized officer of theBureau of Land Management deter-mines that the holding agency hascomplied with the regulations of thispart and that the lands or interests inlands other than minerals are not suit-able for return to the public domain fordisposition under the general publicland laws, because the lands are sub-stantially changed in character by im-provements or otherwise, he will re-quest the appropriate officer of theGeneral Services Administration, or itsdelegate, to concur in his determina-tion.

(b) When the authorized officer of theBureau of Land Management deter-mines that minerals in lands subject tothe provisions of paragraph (a) of thissection are not suitable for dispositionunder the public land mining or min-eral leasing laws, he will notify the ap-propriate officer of the General Serv-ices Administration or its delegate ofthis determination.

(c) Upon receipt of the concurrencespecified in paragraph (a) of this sec-tion, the authorized officer of the Bu-reau of Land Management will notifythe holding agency to report as excessproperty the lands and improvementstherein, or interests in lands to theGeneral Services Administration pur-suant to the regulations of that Ad-ministration. The authorized officer ofthe Bureau of Land Management willrequest the holding agency to includeminerals in its report to the GeneralServices Administration only when theprovisions of paragraph (b) of this sec-tion apply. He will also submit to theholding agency, for transmittal withits report to the General Services Ad-ministration, information of record inthe Bureau of Land Management onthe claims, if any, by agencies otherthan the holding agency of primary,joint, or secondary jurisdiction over

§ 2372.2

Bureau of Land Management, Interior

the lands and on any encumbrancesunder the public land laws.

[35 FR 9559, June 13, 1970]

§ 2374.2 Conditions of acceptance byBLM.

Agencies will not be discharged oftheir accountability and responsibilityunder this section unless and until:

(a) The lands have been decontami-nated of all dangerous materials andhave been restored td suitable condi-tion or, if it is uneconomical to decon-taminate or restore them, the holdingagency posts them and installs protec-tive devices and agrees to maintain thenotices and devices.

(b) To the extent deemed necessaryby the authorized officer of the Bureauof Land Management, the holdingagency has undertaken or agrees to un-dertake or to have undertaken appro-priate land treatment measures cor-recting, arresting, or preventing dete-rioration of the land and resourcesthereof which has resulted or may re-sult from the agency's use or posses-sion of the lands.

(c) The holding agency, in respect toimprovements which are of no value,has exhausted General Services Admin-istration's procedures for their disposaland certifies that they are of no value.

(d) The holding agency has resolved,through a final grant or denial, allcommitments to third parties relativeto rights and privileges in and to thelands or interests therein.

(e) The holding agency has submittedto the appropriate office mentioned inparagraph (a) of § 2372.1 a copy of, orthe case file on, easements, leases, orother encumbrances with which theholding agency or its predecessors haveburdened the lands or interests therein.

[35 FR 9559, June 13, 1970]

Group 2400-Land Classification

PART 2400-LAND CLASSIFICATION

Subpart 2400-Land Classification; General

Sec.2400.0-2 Objectives.2400.0-3 Authority.2400.0-4 Responsibility.2400.0-5 Definitions.

§ 2400.0-3

SOURCE: 35 FR 9559, June 13, 1970, unlessotherwise noted.

Subpart 2400-Land Classification;General

§ 2400.0-2 Objectives.

The statutes cited in §2400.0-3 au-thorize the Secretary of the Interior toclassify or otherwise take appropriatesteps looking to the disposition of pub-lic lands, and on an interim basis, toclassify public lands for retention andmanagement, subject to requirementsof the applicable statutes. In additionto any requirements of law, it is thepolicy of the Secretary (a) to specifythose criteria which will be consideredin the exercise of his authority and (b)to establish procedures which will per-mit the prompt and efficient exerciseof his authority with, as far as is prac-ticable, the knowledge and participa-tion of the interested parties, includingthe general public. Nothing in theseregulations is meant to affect applica-ble State laws governing the appropria-tion and use of water, regulation ofhunting and fishing or exercise of anypolice power of the State.

§ 2400.0-3 Authority.

(a) All vacant public lands, exceptthose in Alaska, have been, with cer-tain exceptions, withdrawn from entry,selection, and location under the non-mineral land laws by Executive Order6910, of November 26, 1934, and Execu-tive Order 6964 of February 5, 1935, andamendments thereto, and by the estab-lishment of grazing districts under sec-tion 1 of the Act of June 28, 1934 (48Stat. 1269), as amended (43 U.S.C. 315).Section 7 of the Act of June 28, 1934 (48Stat. 1272), as amended (43 U.S.C. 315f),authorizes the Secretary of the Inte-rior in his discretion to examine andclassify and open to entry, selection, orlocation under applicable law any landswithdrawn or reserved by ExecutiveOrder 6910 of November 26, 1934, or Ex-ecutive Order 6964 of February 5, 1935,and amendments thereto, or within agrazing district established under thatact which he finds are more valuable orsuitable for the production of agricul-tural Crops than for the production ofnative grasses and forage plants, ormore valuable or suitable for any other