[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: 43CFR2310.2]

[Page 82-83]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2300_LAND WITHDRAWALS--Table of Contents
 
              Subpart 2310_Withdrawals, General: Procedure
 
Sec. 2310.2  Segregative effect of withdrawal applications or withdrawal 
proposals.

    The following provisions apply only to applications or proposals to 
withdraw lands and not to applications or proposals seeking to modify or 
extend withdrawals.
    (a) Withdrawal applications or withdrawal proposals submitted on or 
after October 21, 1976. Within 30 days of the submission for filing of a 
withdrawal application, or whenever a withdrawal proposal is made, a 
notice stating that the application has been submitted or that the 
proposal has been made, shall be published in the Federal Register by 
the authorized officer. Publication of the notice in the Federal 
Register shall segregate the lands described in the application or 
proposal from settlement, sale, location or entry under the public land 
laws, including the mining laws, to the extent specified in the notice, 
for 2 years from the date of publication of the notice unless the 
segregative effect is terminated sooner in accordance with the 
provisions of this part. The notices published pursuant to the 
provisions of this section shall be the same notices required by Sec. 
2310.3-1 of this title. Publication of a notice of a withdrawal 
application that is based on a prior withdrawal proposal, notice of 
which was published in the Federal Register, shall not operate to extend 
the segregation period which commenced upon the publication of the prior 
withdrawal proposal.
    (b) Withdrawal applications submitted before October 21, 1976. The 
public lands described in a withdrawal application filed before October 
21, 1976, shall remain segregated through October 20, 1991, from 
settlement, sale, location or entry under the public land laws, 
including the mining laws, to the extent

[[Page 83]]

specified in the Federal Register notice or notices that pertain to the 
application, unless the segregative effect of the application is 
terminated sooner in accordance with other provisions of this part. Any 
amendment made on or after October 21, 1976, of a withdrawal application 
submitted before October 21, 1976, for the purpose of adding Federal 
lands to the lands described in a previous application, shall require 
the publication in the Federal Register, within 30 days of receipt of 
the amended application, of a notice of the amendment of the withdrawal 
application. All of the lands described in the amended application which 
includes those lands described in the original application shall be 
segregated for 2 years from the date of publication of the notice of the 
amended application in the Federal Register.
    (c) Applications for licenses, permits, cooperative agreements or 
other discretionary land use authorizations of a temporary nature that 
are filed on or after October 21, 1976, regarding lands involved in a 
withdrawal application or a withdrawal proposal and that are listed in 
the notices required by Sec. 2310.3-2 of this title as permissible 
during the segregation period, may be approved by the authorized officer 
while the lands remain segregated.
    (d) Except as provided in paragraph (c) of this section, 
applications for the use of lands involved in a withdrawal application 
or a withdrawal proposal, the allowance of which is discretionary, shall 
be denied.
    (e) The temporary segregation of lands in connection with a 
withdrawal application or a withdrawal proposal shall not affect in any 
respect Federal agency administrative jurisdiction of the lands, and the 
segregation shall not have the effect of authorizing or permitting any 
use of the lands by the applicant or using agency.