[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: 43CFR2300.0-3]



[Page 72-74]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2300_LAND WITHDRAWALS--Table of Contents

 

                    Subpart 2300_Withdrawals, General

 

Sec.  2300.0-3  Authority.



    (a)(1) Section 204 of the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1714) gives the Secretary of the Interior general 

authority to make, modify, extend or revoke withdrawals,



[[Page 73]]



but only in accordance with the provisions and limitations of that 

section. Among other limitations, the Federal Land Policy and Management 

Act of 1976 provides that the Secretary of the Interior does not have 

authority to:

    (i) Make, modify or revoke any withdrawal created by an Act of 

Congress;

    (ii) Make a withdrawal which can be made only by an Act of Congress;

    (iii) Modify or revoke any withdrawal creating national monuments 

under the Act of June 8, 1906 (16 U.S.C. 431-433), sometimes referred to 

as the Antiquities Act;

    (iv) Modify or revoke any withdrawal which added lands to the 

National Wildlife Refuge System prior to October 21, 1976, the date of 

approval of the Federal Land Policy and Management Act of 1976 or which 

thereafter adds lands to that System under the terms of that Act. In 

this connection, nothing in the Federal Land Policy and Management Act 

of 1976 is intended to modify or change any provision of the Act of 

February 27, 1976 (16 U.S.C. 668 dd(a)).

    (2) Executive Order 10355 of May 26, 1952 (17 FR 4831), confers on 

the Secretary of the Interior all of the delegable authority of the 

President to make, modify and revoke withdrawals and reservations with 

respect to lands of the public domain and other lands owned and 

controlled by the United States in the continental United States or 

Alaska.

    (3) The Act of February 28, 1958 (43 U.S.C. 155-158), sometimes 

referred to as the Engle Act, places on the Secretary of the Interior 

the responsibility to process Department of Defense applications for 

national defense withdrawals, reservations or restrictions aggregating 

5,000 acres or more for any one project or facility. These withdrawals, 

reservations or restrictions may only be made by an act of Congress, 

except in time of war or national emergency declared by the President or 

the Congress and except as otherwise expressly provided in the Act of 

February 28, 1958.

    (4) Section 302(b) of the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1732(b)) authorizes the Secretary of the Interior to 

regulate the management of the public lands as defined in the Act 

through instruments, such as memorandum of understanding, which the 

Secretary deems appropriate.

    (5) Section 1326(a) of the Alaska National Interest Lands 

Conservation Act (Pub. L. 96-487), authorizes the President and the 

Secretary to make withdrawals exceeding 5,000 acres, in the aggregate, 

in the State of Alaska subject to the provisions that such withdrawals 

shall not become effective until notice is provided in the Federal 

Register and to both Houses of the Congress and such withdrawals shall 

terminate unless Congress passes a Joint Resolution of approval within 

one year after the notice of withdrawal has been submitted to the 

Congress.

    (b) The following references do not afford either withdrawal 

application processing or withdrawal authority but are provided as 

background information.

    (1) Executive Order 6910 of November 26, 1934, and E.O. 6964 of 

February 5, 1935, as modified, withdrew sizable portions of the public 

lands for classification and conservation. These lands and the grazing 

districts estalished under the Taylor Grazing Act of 1934, as amended, 

are subject to the classification and opening procedures of section 7 of 

the Taylor Grazing Act of June 28, 1934, as amended (43 U.S.C. 315f); 

however, they are not closed to the operation of the mining or mineral 

leasing laws unless separately withdrawn or reserved, classified for 

retention from disposal, or precluded from mineral leasing or mining 

location under other authority.

    (2) The Classification and Multiple Use Act of September 19, 1964 

(43 U.S.C. 1411-1418), authorized the Secretary of the Interior through 

the Bureau of Land Management for retention or disposal under Federal 

ownership and management. Numerous classification decisions based upon 

this statutory authority were made by the Secretary of the Interior. For 

the effect of these classification with regard to the disposal and 

leasing laws of the United States, see subparts 2440 and 2461 of this 

title.

    (3) Section 202 of the Federal Land Policy and Management Act of 

1976 (43



[[Page 74]]



U.S.C. 1712) provides for land use planning and resultant management 

decisions which may operate to totally eliminate a particular land use, 

including one or more principal or major uses, as defined in the Act. 

Withdrawals made pursuant to section 204 of the Federal Land Policy and 

Management Act of 1976 may be used in appropriate cases, to carry out 

management decisions, except that public lands, as defined in the Act, 

can be removed from or restored to the operation of the Mining Law of 

1872, as amended, or transferred to another department, agency or 

office, only by withdrawal action pursuant to section 204 of the Federal 

Land Policy and Management Act of 1976 or other action pursuant to 

applicable law.

    (4) The first proviso of section 302(b) of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1732(b)) provides, in part, that 

unless otherwise provided for by law, the Secretary of the Interior may 

permit Federal departments and agencies to use, occupy and develop 

public lands only through rights-of-way under section 507 of the Act (43 

U.S.C. 1767); withdrawals under section 204 of the Act (43 U.S.C. 1714); 

and, where the proposed use and development are similar or closely 

related to the programs of the Secretary for the public lands involved, 

cooperative agreements under section 307(b) of the Act (43 U.S.C. 

1737(b)).

    (5) Section 701(c) of the Federal Land Policy and Management Act of 

1976 (43 U.S.C. 1701 note) provides that all withdrawals, reservations, 

classifications and designations in effect on October 21, 1976, the 

effective date of the Act, shall remain in full force and effect until 

modified under the provisions of the Act or other applicable law.