[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: 43CFR2310.2]



[Page 78-79]

 

                    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.  2310.2  Segregative effect of withdrawal applications or withdrawal proposals.



    The following provisions apply only to applications or proposals to 

withdraw lands and not to applications or proposals seeking to modify or 

extend withdrawals.

    (a) Withdrawal applications or withdrawal proposals submitted on or 

after October 21, 1976. Within 30 days of the submission for filing of a 

withdrawal application, or whenever a withdrawal proposal is made, a 

notice stating that the application has been submitted or that the 

proposal has been made, shall be published in the Federal Register by 

the authorized officer. Publication of the notice in the Federal 

Register shall segregate the lands described in the application or 

proposal from settlement, sale, location or entry under the public land 

laws, including the mining laws, to the extent specified in the notice, 

for 2 years from the date of publication of the notice unless the 

segregative effect is terminated sooner in accordance with the 

provisions of this part. The notices published pursuant to the 

provisions of this section shall be the same notices required by Sec.  

2310.3-1 of this title. Publication of a notice of a withdrawal 

application that is based on a prior withdrawal proposal, notice of 

which was published in the Federal Register, shall not operate to extend 

the segregation period which commenced upon the publication of the prior 

withdrawal proposal.

    (b) Withdrawal applications submitted before October 21, 1976. The 

public lands described in a withdrawal application filed before October 

21, 1976, shall remain segregated through October 20, 1991, from 

settlement, sale, location or entry under the public land laws, 

including the mining laws, to the extent



[[Page 79]]



specified in the Federal Register notice or notices that pertain to the 

application, unless the segregative effect of the application is 

terminated sooner in accordance with other provisions of this part. Any 

amendment made on or after October 21, 1976, of a withdrawal application 

submitted before October 21, 1976, for the purpose of adding Federal 

lands to the lands described in a previous application, shall require 

the publication in the Federal Register, within 30 days of receipt of 

the amended application, of a notice of the amendment of the withdrawal 

application. All of the lands described in the amended application which 

includes those lands described in the original application shall be 

segregated for 2 years from the date of publication of the notice of the 

amended application in the Federal Register.

    (c) Applications for licenses, permits, cooperative agreements or 

other discretionary land use authorizations of a temporary nature that 

are filed on or after October 21, 1976, regarding lands involved in a 

withdrawal application or a withdrawal proposal and that are listed in 

the notices required by Sec.  2310.3-2 of this title as permissible 

during the segregation period, may be approved by the authorized officer 

while the lands remain segregated.

    (d) Except as provided in paragraph (c) of this section, 

applications for the use of lands involved in a withdrawal application 

or a withdrawal proposal, the allowance of which is discretionary, shall 

be denied.

    (e) The temporary segregation of lands in connection with a 

withdrawal application or a withdrawal proposal shall not affect in any 

respect Federal agency administrative jurisdiction of the lands, and the 

segregation shall not have the effect of authorizing or permitting any 

use of the lands by the applicant or using agency.