[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR1610.3-2]

[Page 17]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 1600--PLANNING, PROGRAMMING, BUDGETING--Table of Contents
 
               Subpart 1610--Resource Management Planning
 
Sec. 1610.3-2  Consistency requirements.

    (a) Guidance and resource management plans and amendments to 
management framework plans shall be consistent with officially approved 
or adopted resource related plans, and the policies and programs 
contained therein, of other Federal agencies, State and local 
governments and Indian tribes, so long as the guidance and resource 
management plans are also consistent with the purposes, policies and 
programs of Federal laws and regulations applicable to public lands, 
including Federal and State pollution control laws as implemented by 
applicable Federal and State air, water, noise, and other pollution 
standards or implementation plans.
    (b) In the absence of officially approved or adopted resource-
related plans of other Federal agencies, State and local governments and 
Indian tribes, guidance and resource management plans shall, to the 
maximum extent practical, be consistent with officially approved and 
adopted resource related policies and programs of other Federal 
agencies, State and local governments and Indian tribes. Such 
consistency will be accomplished so long as the guidance and resource 
management plans are consistent with the policies, programs and 
provisions of Federal laws and regulations applicable to public lands, 
including, but not limited to, Federal and State pollution control laws 
as implemented by applicable Federal and State air, water, noise and 
other pollution standards or implementation plans.
    (c) State Directors and District and Area Managers shall, to the 
extent practicable, keep apprised of State and local governmental and 
Indian tribal policies, plans, and programs, but they shall not be 
accountable for ensuring consistency if they have not been notified, in 
writing, by State and local governments or Indian tribes of an apparent 
inconsistency.
    (d) Where State and local government policies, plans, and programs 
differ, those of the higher authority will normally be followed.
    (e) Prior to the approval of a proposed resource management plan, or 
amendment to a management framework plan or resource management plan, 
the State Director shall submit to the Governor of the State(s) 
involved, the proposed plan or amendment and shall identify any known 
inconsistencies with State or local plans, policies or programs. The 
Governor(s) shall have 60 days in which to identify inconsistencies and 
provide recommendations in writing to the State Director. If the 
Governor(s) does not respond within the 60-day period, the plan or 
amendment shall be presumed to be consistent. If the written 
recommendation(s) of the Governor(s) recommend changes in the proposed 
plan or amendment which were not raised during the public participation 
process on that plan or amendment, the State Director shall provide the 
public with an opportunity to comment on the recommendation(s). If the 
State Director does not accept the recommendations of the Governor(s), 
The State Director shall notify the Governor(s) and the Governor(s) 
shall have 30 days in which to submit a written appeal to the Director 
of the Bureau of Land Management. The Director shall accept the 
recommendations of the Governor(s) if he/she determines that they 
provide for a reasonable balance between the national interest and the 
State's interest. The Director shall communicate to the Governor(s) in 
writing and publish in the Federal Register the reasons for his/her 
determination to accept or reject such Governor's recommendations.