[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: 43CFR1610.5-7]



[Page 22-23]

 

                    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 Field 

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.

    (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



[[Page 23]]



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.



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