[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: 43CFR1610.3-2]



[Page 17-18]

 

                    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 Field 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.



[[Page 18]]



    (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.



[48 FR 20368, May 5, 1983, as amended at 70 FR 14567, Mar. 23, 2005]