[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: 43CFR2300.0-5]

[Page 78-79]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2300_LAND WITHDRAWALS--Table of Contents
 
                    Subpart 2300_Withdrawals, General
 
Sec. 2300.0-5  Definitions.

    As used in this part, the term:
    (a) Secretary means the Secretary of the Interior or a secretarial 
officer subordinate to the Secretary who has been appointed by the 
President by and with the advice and consent of the Senate and to whom 
has been delegated the authority of the Secretary to perform the duties 
described in this part to be performed by the Secretary.
    (b) Authorized officer means any employee of the Bureau of Land 
Management to whom has been delegated the authority to perform the 
duties described in this part to be performed by the authorized officer.
    (c) Act means the Federal Land Policy and Management Act of 1976, as 
amended (43 U.S.C. 1701 et seq.), unless otherwise specified.
    (d) Lands includes both upland and submerged land areas and any 
right or interest in such areas. To the extent provided in section 1 of 
the Act of February 28, 1958 (43 U.S.C. 155), the term also includes 
offshore waters.
    (e) Cultural resources means those fragile and nonrenewable physical 
remains of human activity found in districts, sites, structures, burial 
mounds, petroglyphs, artifacts, objects, ruins, works of art, 
architecture or natural settings or features which were important to 
prehistoric, historic or other land and resource use events.
    (f) Archeological areas/resources means sites or areas containing 
important evidence or the physical remains of former but now extinct 
cultural groups, their skeletons, settlements, implements, artifacts, 
monuments and inscriptions.
    (g) Resource use means a land use having as its primary objective 
the preservation, conservation, enhancement or development of:
    (1) Any renewable or nonrenewable natural resource indigenous to a 
particular land area, including, but not limited to, mineral, timber, 
forage, water, fish or wildlife resources, or
    (2) Any resource value associated with a particular land area, 
including, but not limited to, watershed, power, scenic, wilderness, 
clean air or recreational values. The term does not include military or 
other governmental activities requiring land sites only as an incidental 
means to achieving an end not related primarily to the preservation, 
conservation, enhancement or development of natural resources or 
resource values indigenous to or associated with a particular land area.
    (h) Withdrawal means withholding an area of Federal land from 
settlement, sale, location, or entry under some or all of the general 
land laws, for the purpose of limiting activites under

[[Page 79]]

those laws in order to maintain other public values in the area or 
reserving the area for a particular public purpose or program; or 
transferring jurisdiction over an area of Federal land, other than 
property governed by the Federal Property and Administrative Services 
Act (40 U.S.C. 472), from one department, bureau or agency to another 
department, bureau or agency.
    (i) Department means a unit of the Executive branch of the Federal 
Government which is headed by a member of the President's Cabinet.
    (j) Agency means a unit of the Executive branch of the Federal 
Government which is not within a Department.
    (k) Office means an office or bureau of the Department of the 
Interior.
    (l) Applicant means any Federal department, agency or office.
    (m) Segregation means the removal for a limited period, subject to 
valid existing rights, of a specified area of the public lands from the 
operation of the public land laws, including the mining laws, pursuant 
to the exercise by the Secretary of regulatory authority to allow for 
the orderly administration of the public lands.
    (n) Legal description means a written land description based upon 
either an approved and filed Federal land survey executed as a part of 
the United States Public Land Survey System or, where specifically 
authorized under Federal law, upon a protraction diagram. In the absence 
of the foregoing, the term means a written description, approved by the 
authorized officer, which defines the exterior boundaries of a tract of 
land by reference to a metes and bounds survey or natural or other 
monuments.
    (o) Modify or modification does not include, for the purposes of 
section 204 of the Act (43 U.S.C. 1714), the addition of lands to an 
existing withdrawal or the partial revocation of a withdrawal.
    (p) Withdrawal petition means a request, originated within the 
Department of the Interior and submitted to the Secretary, to file an 
application for withdrawal.
    (q) Withdrawal proposal means a withdrawal petition approved by the 
Secretary.