[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: 43CFR1610.8]



[Page 24]

 

                    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.  1610.8  Transition period.



    (a) Until superseded by resource management plans, management 

framework plans may be the basis for considering proposed actions as 

follows:

    (1) The management framework plan shall be in compliance with the 

principle of multiple use and sustained yield and shall have been 

developed with public participation and governmental coordination, but 

not necessarily precisely as prescribed in Sec.  Sec.  1610.2 and 1610.3 

of this title.

    (2) No sooner than 30 days after the Environmental Protection Agency 

publishes a notice of the filing of a final court-ordered environmental 

impact statement--which is based on a management framework plan--

proposed actions may be initiated without any further analysis or 

processes included in this subpart.

    (3) For proposed actions other than those described in paragraph 

(a)(2) of this section, determination shall be made by the Field Manager 

whether the proposed action is in conformance with the management 

framework plan. Such determination shall be in writing and shall explain 

the reasons for the determination.

    (i) If the proposed action is in conformance, it may be further 

considered for decision under procedures applicable to that type of 

action, including requirements of regulations for implementing the 

procedural provisions of the National Environmental Policy Act in 40 CFR 

parts 1500-1508.

    (ii) If the proposed action is not in conformance with the 

management framework plan, and if the proposed action warrants further 

favorable consideration before a resource management plan is scheduled 

for preparation, such consideration shall be through a management 

framework plan amendment using the provisions of Sec.  1610.5-5 of this 

title.

    (b)(1) If an action is proposed where public lands are not covered 

by a management framework plan or a resource management plan, an 

environmental assessment and an environmental impact statement, if 

necessary, plus any other data and analysis necessary to make an 

informed decision, shall be used to assess the impacts of the proposal 

and to provide a basis for a decision on the proposal.

    (2) A land disposal action may be considered before a resource 

management plan is scheduled for preparation, through a planning 

analysis, using the process described in Sec.  1610.5-5 of this title 

for amending a plan.



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