[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR1610.5-7]

[Page 21-22]
 
                    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. 1610.5-7  Situations where action can be taken based on another 
agency's plan, or a land use analysis.

    These regulations authorize the preparation of a resource management 
plan for whatever public land interests exist in a given land area. 
There are situations of mixed ownership where the public land estate is 
under non-Federal surface, or administration of the land is shared by 
the Bureau of Land Management with another Federal agency. The District 
and Area Manager may use the plans or the land use analysis of other 
agencies when split or shared estate conditions exist in any of the 
following situations:
    (a) Another agency's plan (Federal, State, or local) may be used as 
a basis for an action only if it is comprehensive and has considered the 
public land interest involved in a way comparable to the manner in which 
it would have been considered in a resource management plan, including 
the opportunity for public participation.
    (b) After evaluation and review, the Bureau of Land Management may 
adopt another agency's plan for continued use as a resource management 
plan if an agreement is reached between the Bureau of Land Management 
and the other agency to provide for maintenance and amendment of the 
plan, as necessary, to comply with law and policy applicable to public 
lands.

[[Page 22]]

    (c) A land use analysis may be used to consider a coal lease when 
there is no Federal ownership interest in the surface or when coal 
resources are insufficient to justify plan preparation costs. The land 
use analysis process, as authorized by the Federal Coal Leasing 
Amendments Act, consists of an environmental assessment or impact 
statement, public participation as required by Sec. 1610.2 of this 
title, the consultation and consistency determinations required by Sec. 
1610.3 of this title, the protest procedure prescribed by Sec. 1610.5-2 
of this title and a decision on the coal lease proposal. A land use 
analysis meets the planning requirements of section 202 of the Federal 
Land Policy and Management Act. The decision to approve the land use 
analysis and to lease coal is made by the Departmental official who has 
been delegated the authority to issue coal leases.