[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR1610.2]



[Page 14-16]

 

                    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.  1610.2  Public participation.



    (a) The public shall be provided opportunities to meaningfully 

participate in and comment on the preparation of plans, amendments and 

related guidance and be given early notice of planning activities. 

Public involvement in the resource management planning process shall 

conform to the requirements of the National Environmental Policy Act and 

associated implementing regulations.

    (b) The Director shall, early in each fiscal year, publish a 

planning schedule advising the public of the status of each plan in 

process of preparation or to be started during that fiscal year, the 

major action on each plan during that fiscal year and projected new 

planning starts for the 3 succeeding fiscal years. The notice shall call 

for public comments on projected new planning starts so that such 

comments can be considered in refining priorities for those years.

    (c) When BLM starts to prepare, amend, or revise resource management 

plans we will begin the process by publishing a notice in the Federal 

Register and appropriate local media, including newspapers of general 

circulation in the state and field office area. The Field Manager may 

also decide if it is appropriate to publish a notice in media in 

adjoining States. This notice may also constitute the scoping notice 

required by regulation for the National Environmental Policy Act (40 CFR 

1501.7). This notice shall include the following:

    (1) Description of the proposed planning action;

    (2) Identification of the geographic area for which the plan is to 

be prepared;

    (3) The general types of issues anticipated;

    (4) The disciplines to be represented and used to prepare the plan;



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    (5) The kind and extent of public participation opportunities to be 

provided;

    (6) The times, dates and locations scheduled or anticipated for any 

public meetings, hearings, conferences or other gatherings, as known at 

the time;

    (7) The name, title, address and telephone number of the Bureau of 

Land Management official who may be contacted for further information; 

and

    (8) The location and availability of documents relevant to the 

planning process.

    (d) A list of individuals and groups known to be interested in or 

affected by a resource management plan shall be maintained by the Field 

Manager and those on the list shall be notified of public participation 

activities. Individuals or groups may ask to be placed on this list. 

Public participation activities conducted by the Bureau of Land 

Management shall be documented by a record or summary of the principal 

issues discussed and comments made.



The documentation together with a list of attendees shall be available 

to the public and open for 30 days to any participant who wishes to 

clarify the views he/she expressed.

    (e) At least 15 days' public notice shall be given for public 

participation activities where the public is invited to attend. Any 

notice requesting written comments shall provide for at least 30 

calendar days for response. Ninety days shall be provided for review of 

the draft plan and draft environmental impact statement. The 90-day 

period shall begin when the Environmental Protection Agency publishes a 

notice of the filing of the draft environmental impact statement in the 

Federal Register.

    (f) Public notice and opportunity for participation in resource 

mangement plan preparation shall be appropriate to the areas and people 

involved and shall be provided at the following specific points in the 

planning process:

    (1) General notice at the outset of the process inviting 

participation in the identification of issues (See Sec.  Sec.  1610.2(c) 

and 1610.4-1);

    (2) Review of the proposed planning criteria (See Sec.  1610.4-2);

    (3) Publication of the draft resource management plan and draft 

environmental impact statement (See Sec.  1610.4-7);

    (4) Publication of the proposed resource management plan and final 

environmental impact statement which triggers the opportunity for 

protest (See Sec.  Sec.  1610.4-8 and 1610.5-1(b)); and

    (5) Public notice and comment on any significant change made to the 

plan as a result of action on a protest (See Sec.  1610.5-1(b)).

    (g) BLM will make copies of an approved resource management plan and 

amendments reasonably available for public review. Upon request, we will 

make single copies available to the public during the public 

participation process. After BLM approves a plan, amendment, or revision 

we may charge a fee for additional copies. We will also have copies 

available for public review at the:

    (1) State Office that has jurisdiction over the lands,

    (2) Field Office that prepared the plan; and

    (3) District Office, if any, having jurisdiction over the Field 

Office that prepared the plan.

    (h) Supporting documents to a resource management plan shall be 

available for public review at the office where the plan was prepared.

    (i) Fees for reproducing requested documents beyond those used as 

part of the public participation activities and other than single copies 

of the printed plan amendment or revision may be charged according to 

the Department of the Interior schedule for Freedom of Information Act 

requests in 43 CFR part 2.

    (j) When resource management plans involve areas of potential mining 

for coal by means other than underground mining, and the surface is 

privately owned, the Bureau of Land Management shall consult with all 

surface owners who meet the criteria in Sec.  3400.0-5 of this title. 

Contact shall be made in accordance with subpart 3427 of this title and 

shall provide time to fully consider surface owner views. This contact 

may be made by mail or in person by the Field Manager or his/her 

appropriate representative. A period of at least 30 days from the time 

of



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contact shall be provided for surface owners to convey their preference 

to the Field Manager.

    (k) If the plan involves potential for coal leasing, a public 

hearing shall be provided prior to the approval of the plan, if 

requested by any person having an interest which is, or may be, 

adversely affected by implementation of such plan. The hearing shall be 

conducted as prescribed in Sec.  3420.1-5 of this title and may be 

combined with a regularly scheduled public meeting. The authorized 

officer conducting the hearing shall:

    (1) Publish a notice of the hearing in a newspaper of general 

circulation in the affected geographical area at least once a week for 2 

consecutive weeks;

    (2) Provide an opportunity for testimony by anyone who so desires; 

and

    (3) Prepare a record of the proceedings of the hearing.



[48 FR 20368, May 5, 1983, as amended at 70 FR 14566, 14567, Mar. 23, 

2005; 70 FR 29208, May 20, 2005]