[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: 43CFR2310.1-2]



[Page 76-77]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 2300_LAND WITHDRAWALS--Table of Contents

 

              Subpart 2310_Withdrawals, General: Procedure

 

Sec.  2310.1-2  Submission of applications.



    (a) Applications for the making, modification or extension of a 

withdrawal shall be submitted for filing, in duplicate, in the proper 

Bureau of Land Management office, as set forth in Sec.  1821.2-1 of this 

title, except for emergency withdrawal requests and applications that 

are classified for national security reasons. Requests for emergency 

withdrawals and applications that are classified for national security 

reasons shall be submitted, in duplicate, in the Office of the 

Secretary, Department of the Interior, Washington, D.C. 20240.

    (b) Before the authorized officer can take action on a withdrawal 

proposal, a withdrawal application in support thereof shall be 

submitted. The application may be submitted simultaneously with the 

making of a withdrawal proposal, in which case only the notice required 

by Sec.  2310.3-1(a) of this title, referencing both the application and 

the withdrawal proposal, shall be published.

    (c) No specific form is required, but, except as otherwise provided 

in Sec.  2310.3-6(b) of this title, the application shall contain at 

least the following information:

    (1) The name and address of the applicant. Where the organization 

intending to use the lands is different from the applicant, the name and 

address of such using agency shall also be included.

    (2) If the applicant is a department or agency other than the 

Department of the Interior or an office thereof, a statement of the 

delegation or delegations of authority of the official acting on behalf 

of the department or agency submitting the application, substantiating 

that the official is empowered to act on behalf of the head of the 

department or agency in connection with all matters pertaining to the 

application.

    (3) If the lands which are subject to an application are wholly or 

partially under the administration of any department or agency other 

than the Department of the Interior, the Secretary shall make or modify 

a withdrawal only with the consent of the head of the department or 

agency concerned, except in the case of an emergency withdrawal. In such 

case, a copy of the written consent shall accompany the application. The 

requirements of section (e) of E.O. 10355 (17 FR 4831), shall be 

complied with in those instances where the Order applies.

    (4) The type of withdrawal action that is being requested (See Sec.  

2300.0-5(h) of this title) and whether the application pertains to the 

making, extension or modification of a withdrawal.

    (5) A description of the lands involved in the application, which 

shall consist of the following:

    (i) A legal description of the entire land area that falls within 

the exterior boundaries of the affected area and the total acreage of 

such lands;

    (ii) A legal description of the lands, Federal or otherwise, within 

the exterior boundaries that are to be excepted from the requested 

action, and after deducting the total acreage of all the excepted lands, 

the net remaining acreage of all Federal lands (as well as all non-

Federal lands which, if they should be returned to or should pass to 

Federal ownership, would become subject to the withdrawal) within the 

exterior boundaries of the affected land areas;

    (iii) In the case of a national defense withdrawal which can only be 

made by an Act of Congress, sections 3(2) and 3(3) of the Act of 

February 28, 1958 (43 U.S.C. 157 (2), (3)) shall be complied with in 

lieu of paragraphs (c)(5) (i) and (ii) of this section.

    (6) If the application is for a withdrawal that would overlap, or 

that



[[Page 77]]



would add lands to one or more existing withdrawals, the application 

shall also contain:

    (i) An identification of each of the existing withdrawals, including 

the project name, if any, the date of the withdrawal order, the number 

and type of order, if known, or, in lieu of the foregoing, a copy of the 

order;

    (ii) As to each existing withdrawal that would be overlapped by the 

requested withdrawal, the total area and a legal description of the area 

that would be overlapped; and

    (iii) The total acreage, Federal or otherwise, that would be added 

to the existing withdrawal, if the new application is allowed.

    (7) The public purpose or statutory program for which the lands 

would be withdrawn. If the purpose or program for which the lands would 

be withdrawn is classified for national security reasons, a statement to 

that effect shall be included; but, if at all possible, a general 

description of the use to which the lands would be devoted, if the 

requested withdrawal is allowed, should be included. In the case of 

applications that are not classified for national security reasons, an 

analysis of the manner in which the lands as well as their natural 

resources and resource values would be used to implement the purpose or 

program shall be provided.

    (8) The extent to which the lands embraced in the application are 

requested to be withheld from settlement, sale, location or entry under 

the public land laws, including the mining laws, together with the 

extent to which, and the time during which, the lands involved in the 

application would be temporarily segregated in accordance with Sec.  

2310.2 of this subpart.

    (9) The type of temporary land use that, at the discretion of the 

authorized officer, may be permitted or allowed during the segregation 

period, in accordance with Sec.  2310.2 of this subpart.

    (10) An analysis and explanation of why neither a right-of-way under 

section 507 of the Act (43 U.S.C. 1767), nor a cooperative agreement 

under sections 302(b) (43 U.S.C. 1732(b)) and 307(b) (43 U.S.C. 1737(b)) 

of the act would adequately provide for the proposed use.

    (11) The duration of the withdrawal, with a statement in 

justification thereof (see Sec.  2310.3-4 of this title). Where an 

extension of an existing withdrawal is requested, its duration may not 

exceed the duration of the existing withdrawal.

    (12) A statement as to whether any suitable alternative sites are 

available for the proposed use or for uses which the requested 

withdrawal action would displace. The statement shall include a study 

comparing the projected costs of obtaining each alternative site in 

suitable condition for the intended use, as well as the projected costs 

of obtaining and developing each alternative site for uses that the 

requested withdrawal action would displace.

    (13) A statement as to whether water will or will not be needed to 

fulfill the purpose of the requested withdrawal action.

    (14) The place where records relating to the application can be 

examined by interested persons.

    (d) Except in the case of an emergency withdrawal, if the preceding 

application requirements have not been met, or if an application seeks 

an action that is not within the scope of the Secretary's authority, the 

application may be rejected by the authorized officer as a defective 

application.