[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: 43CFR2300.0-5]



[Page 74-75]

 

                    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.  2300.0-5  Definitions.



    As used in this part, the term:

    (a) Secretary means the Secretary of the Interior or a secretarial 

officer subordinate to the Secretary who has been appointed by the 

President by and with the advice and consent of the Senate and to whom 

has been delegated the authority of the Secretary to perform the duties 

described in this part to be performed by the Secretary.

    (b) Authorized officer means any employee of the Bureau of Land 

Management to whom has been delegated the authority to perform the 

duties described in this part to be performed by the authorized officer.

    (c) Act means the Federal Land Policy and Management Act of 1976, as 

amended (43 U.S.C. 1701 et seq.), unless otherwise specified.

    (d) Lands includes both upland and submerged land areas and any 

right or interest in such areas. To the extent provided in section 1 of 

the Act of February 28, 1958 (43 U.S.C. 155), the term also includes 

offshore waters.

    (e) Cultural resources means those fragile and nonrenewable physical 

remains of human activity found in districts, sites, structures, burial 

mounds, petroglyphs, artifacts, objects, ruins, works of art, 

architecture or natural settings or features which were important to 

prehistoric, historic or other land and resource use events.

    (f) Archeological areas/resources means sites or areas containing 

important evidence or the physical remains of former but now extinct 

cultural groups, their skeletons, settlements, implements, artifacts, 

monuments and inscriptions.

    (g) Resource use means a land use having as its primary objective 

the preservation, conservation, enhancement or development of:

    (1) Any renewable or nonrenewable natural resource indigenous to a 

particular land area, including, but not limited to, mineral, timber, 

forage, water, fish or wildlife resources, or

    (2) Any resource value associated with a particular land area, 

including, but not limited to, watershed, power, scenic, wilderness, 

clean air or recreational values. The term does not include military or 

other governmental activities requiring land sites only as an incidental 

means to achieving an end not related primarily to the preservation, 

conservation, enhancement or development of natural resources or 

resource values indigenous to or associated with a particular land area.

    (h) Withdrawal means withholding an area of Federal land from 

settlement, sale, location, or entry under some or all of the general 

land laws, for the purpose of limiting activites under



[[Page 75]]



those laws in order to maintain other public values in the area or 

reserving the area for a particular public purpose or program; or 

transferring jurisdiction over an area of Federal land, other than 

property governed by the Federal Property and Administrative Services 

Act (40 U.S.C. 472), from one department, bureau or agency to another 

department, bureau or agency.

    (i) Department means a unit of the Executive branch of the Federal 

Government which is headed by a member of the President's Cabinet.

    (j) Agency means a unit of the Executive branch of the Federal 

Government which is not within a Department.

    (k) Office means an office or bureau of the Department of the 

Interior.

    (l) Applicant means any Federal department, agency or office.

    (m) Segregation means the removal for a limited period, subject to 

valid existing rights, of a specified area of the public lands from the 

operation of the public land laws, including the mining laws, pursuant 

to the exercise by the Secretary of regulatory authority to allow for 

the orderly administration of the public lands.

    (n) Legal description means a written land description based upon 

either an approved and filed Federal land survey executed as a part of 

the United States Public Land Survey System or, where specifically 

authorized under Federal law, upon a protraction diagram. In the absence 

of the foregoing, the term means a written description, approved by the 

authorized officer, which defines the exterior boundaries of a tract of 

land by reference to a metes and bounds survey or natural or other 

monuments.

    (o) Modify or modification does not include, for the purposes of 

section 204 of the Act (43 U.S.C. 1714), the addition of lands to an 

existing withdrawal or the partial revocation of a withdrawal.

    (p) Withdrawal petition means a request, originated within the 

Department of the Interior and submitted to the Secretary, to file an 

application for withdrawal.

    (q) Withdrawal proposal means a withdrawal petition approved by the 

Secretary.