[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: 43CFR2201.7-1]



[Page 68]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR

 

PART 2200_EXCHANGES: GENERAL PROCEDURES--Table of Contents

 

              Subpart 2201_Exchanges_Specific Requirements

 

Sec.  2201.7-1  Notice of decision.



    (a) Upon completion of all environmental analyses and appropriate 

documentation, appraisals, and all other supporting studies and 

requirements to determine if a proposed exchange is in the public 

interest and in compliance with applicable law and regulations, the 

authorized officer shall decide whether to approve an exchange proposal.

    (1) When a decision to approve or disapprove an exchange is made, 

the authorized officer shall publish a notice of the availability of the 

decision in newspapers of general circulation. A notice also may be 

published in the Federal Register at the discretion of the authorized 

officer. At a minimum, the notice shall include:

    (i) The date of decision;

    (ii) A concise description of the decision;

    (iii) The name and title of the deciding official;

    (iv) Directions for obtaining a copy of the decision; and

    (v) The date of the beginning of the protest period.

    (2) The authorized officer shall distribute notices to State and 

local governmental subdivisions having authority in the geographical 

area within which the lands covered by the notice are located pursuant 

to Sec.  2200.0-6(m) of this part, the non-Federal exchange parties, 

authorized users of involved Federal lands, the congressional 

delegation, individuals who requested notification or filed written 

objections, and others as appropriate.

    (b) For a period of 45 days after the date of publication of a 

notice of the availability of a decision to approve or disapprove an 

exchange proposal, such decision shall be subject to protest.

    (c) A right of appeal from a protest decision of the authorized 

officer may be pursued in accordance with the applicable appeal 

procedures of 43 CFR part 4.