[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: 43CFR2310.3-2]



[Page 81-83]

 

                    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.  2310.3-2  Development and processing of the case file for submission to the Secretary.



    (a) Except as otherwise provided in Sec.  2310.3-6(b) of this title, 

the information, studies, analyses and reports identified in this 

paragraph that are required by applicable statutes, or which the 

authorized officer determines to be required for the Secretary or the 

Congress to make a decision or recommendation on a requested withdrawal, 

shall be provided by the applicant. The authorized officer shall assist 

the applicant to the extent the authorized officer considers it 

necessary or appropriate to do so. The qualifications of all specialists 

utilized by either the authorized officer or the applicant to prepare 

the information, studies, analyses and reports shall be provided.

    (b) The information, studies, analyses and reports which, as 

appropriate, shall be provided by the applicant shall include:

    (1) A report identifying the present users of the lands involved, 

explaining how the users will be affected by the proposed use and 

analyzing the manner in which existing and potential resource uses are 

incompatible with or conflict with the proposed use of the lands and 

resources that would be affected by the requested action. The report 

shall also specify the provisions that are to be made for, and an 

economic analysis of, the continuation, alteration or termination of 

existing uses. If the provisions of Sec.  2310.3-5 of this title are 

applicable to the proposed withdrawal, the applicant shall also furnish 

a certification that the requirements of that section shall be satisfied 

promptly if the withdrawal is allowed or authorized.

    (2) If the application states that the use of water in any State 

will be necessary to fulfill the purposes of the requested withdrawal, 

extension or modification, a report specifying that the applicant or 

using agency has acquired, or proposes to acquire, rights to the use of 

the water in conformity with applicable State laws and procedures 

relating to the control, appropriation, use and distribution of water, 

or whether the withdrawal is intended to reserve, pursuant to Federal 

law, sufficient unappropriated water to fulfill the purposes of the 

withdrawal. Water shall be reserved pursuant to Federal law for use in 

carrying out the purposes of the withdrawal only if specifically so 

stated in the relevant withdrawal order, as provided in Sec.  2310.3-

3(b) of this title and only to the extent needed for the purpose or 

purposes of the withdrawal as expressed in the withdrawal order. The 

applicant shall also provide proof of notification of the involved 

State's department of water resources when a land use needed to carry 

out the purposes of the requested withdrawal will involve utilization of



[[Page 82]]



the water resources in a State. As a condition to the allowance of an 

order reserving water, the applicant shall certify to the Secretary that 

it shall quantify the amount of water to be reserved by the order.

    (3) An environmental assessment, an environmental impact statement 

or any other documents as are needed to meet the requirements of the 

National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), and 

the regulations applicable thereto. The authorized officer shall 

participate in the development of environmental assessments or impact 

statements. The applicant shall designate the Bureau of Land Management 

as a cooperating agency and shall comply with the requirements of the 

regulations of the Council on Environmental Quality. The Bureau of Land 

Management shall, at a minimum, independently evaluate and review the 

final product. The following items shall either be included in the 

assessment or impact statement, or they may be submitted separately, 

with appropriate cross references.

    (i) A report on the identification of cultural resources prepared in 

accordance with the requirements of 36 CFR part 800, and other 

applicable regulations.

    (ii) An identification of the roadless areas or roadless islands 

having wilderness characteristics, as described in the Wilderness Act of 

1964 (16 U.S.C. 1131, et seq.), which exist within the area covered by 

the requested withdrawal action.

    (iii) A mineral resource analysis prepared by a qualified mining 

engineer, engineering geologist or geologist which shall include, but 

shall not be limited to, information on: General geology, known mineral 

deposits, past and present mineral production, mining claims, mineral 

leases, evaluation of future mineral potential and present and potential 

market demands.

    (iv) A biological assessment of any listed or proposed endangered or 

threatened species, and their critical habitat, which may occur on or in 

the vicinity of the involved lands, prepared in accordance with the 

provisions of section 7 of the Endangered Species Act of 1973, as 

amended (16 U.S.C. 1536), and regulations applicable thereto, if the 

Secretary determines that assessment is required by law.

    (v) An analysis of the economic impact of the proposed uses and 

changes in use associated with the requested action on individuals, 

local communities, State and local government interests, the regional 

economy and the Nation as a whole.

    (vi) A statement as to the extent and manner in which the public 

participated in the environmental review process.

    (4) A statement with specific supporting data, as to:

    (i) Whether the lands involved are floodplains or are considered 

wetlands; and

    (ii) Whether the existing and proposed uses would affect or be 

affected by such floodplains or wetlands and, if so, to what degree and 

in what manner. The statement shall indicate whether, if the requested 

action is allowed, it will comply with the provisions of Executive 

Orders 11988 and 11990 of May 24, 1977 (42 FR 26951; 26961).

    (5) A statement of the consultation which has been or will be 

conducted with other Federal departments or agencies; with regional, 

State and local Government bodies; and with individuals and 

nongovernmental groups regarding the requested action.

    (c) Prior to final action being taken in connection with an 

application, the applicant shall prepare, with the guidance and 

participation of the authorized officer, and subject to the approval of 

the authorized officer, the Secretary and other affected departments, 

agencies or offices, a resource management plan and implementation 

program regarding the use and management of any public lands with their 

related resources uses. Consideration shall be given to the impact of 

the proposed reservation on access to and the use of the land areas that 

are located in the vicinity of the lands proposed to be withdrawn. Where 

appropriate, the plan and program will be implemented by means of a 

memorandum of understanding between the affected agencies. Any 

allocation of jurisdiction between the agencies shall be effected in the 

public land order or legislation. In those cases where the Secretary, 

acting



[[Page 83]]



through the Bureau of Land Management, would continue to exercise 

partial jurisdiction, resource management of withdrawn areas may be 

governed by the issuance of management decisions by the Bureau of Land 

Management to implement land use plans developed or revised under the 

land use planning requirements of section 202 of the Act (43 U.S.C. 

1712).

    (d) In regard to national defense withdrawals that can only be made 

by an Act of Congress, and to the extent that they are not otherwise 

satisfied by the information, studies, analyses and reports provided in 

accordance with the provisions of this section, the provisions of 

section 3(7) of the Act of February 28, 1958 (43 U.S.C. 157(7)), shall 

be complied with.

    (e) The authorized officer shall develop preliminary findings and 

recommendations to be submitted to the Secretary, advise the applicant 

of the findings and recommendations, and provide the applicant an 

opportunity to discuss any objections thereto which the applicant may 

have.

    (f) Following the discussion process, or in the absence thereof, the 

authorized officer shall prepare the findings, keyed specifically to the 

relevant portions of the case file, and the recommendations to the 

Secretary in connection with the application. The authorized officer 

also shall prepare, for consideration by the Secretary, a proposed order 

or notice of denial. In the case of a national defense withdrawal which 

can only be made by an Act of Congress, the authorized officer shall 

prepare, with the cooperation of the applicant, a draft legislative 

proposal to implement the applicant's withdrawal request, together with 

proposed recommendations for submission by the Secretary to the 

Congress. The findings and recommendations of the authorized officer, 

and the other documents previously specified in this section to be 

prepared by the authorized officer shall be made a part of the case 

file. The case file shall then be sent to the Director, Bureau of Land 

Management. At the same time, a copy of the findings and recommendations 

of the authorized officer shall be sent to the applicant.

    (1) If the applicant objects to the authorized officer's findings 

and recommendations to the Secretary, the applicant may, within 30 days 

of the receipt by the applicant of notification thereof, state its 

objections in writing and request the Director to review the authorized 

officer's findings and recommendations. The applicant shall be advised 

of the Director's decision within 30 days of receipt of the applicant's 

statement of objections in the Bureau of Land Management's Washington 

office. The applicant's statement of objections and the Director's 

decision shall be made a part of the case file and thereafter the case 

file shall be submitted to the Secretary.

    (2) If the applicant disagrees with the decision of the Director, 

Bureau of Land Management, the applicant may, within 30 days of receipt 

by the applicant of the Director's decision, submit to the Secretary a 

statement of reasons for disagreement. The statement shall be considered 

by the Secretary together with the findings and recommendations of the 

authorized officer, the applicant's statement of objections, the 

decision of the Director, the balance of the case file and such 

additional information as the Secretary may request.