[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: 43CFR2310.3-3]



[Page 83-84]

 

                    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.  2310.3-3  Action by the Secretary: Public land orders and notices of denial.



    (a) Except for national defense withdrawals which can only be made 

by an Act of Congress, and except as may be otherwise provided in 

section 1(d) of Executive Order 10355 (17 FR 4833), for applications 

that are subject to that order, the allowance or denial, in whole or in 

part, of a withdrawal, modification or extension application, may only 

be made by the Secretary.

    (b)(1) Before the allowance of an application, in whole or in part, 

the Secretary shall first approve all applicable memoranda of 

understanding and the applicant shall make all certifications required 

in this part. When an application has been finally allowed, in whole or 

in part, by the Secretary, an order to that effect shall be published 

promptly in the Federal Register. Each order shall be designated as, and 

shall be signed by the Secretary and



[[Page 84]]



issued in the form of, a public land order. 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 public land 

order. In appropriate cases, the public land order also shall refer to 

the memorandum of understanding discussed in Sec.  2310.3-2(c) of this 

title and shall be drawn to comply with Sec.  2310.3-6 of this title.

    (2) On the same day an order withdrawing 5,000 or more acres in the 

aggregate is signed, the Secretary shall advise, in writing, each House 

of the Congress, or in the case of an emergency withdrawal, the 

appropriate Committee of each House, of the withdrawal action taken. 

Pursuant to the Secretary's authority under the act, the notices that 

are sent to the Congress shall be accompanied by the information 

required by section 204(c)(2) of the Act (43 U.S.C. 1714(c)(2)), except 

in the case of an emergency withdrawal, transmittal of the required 

information may be delayed as provided in Sec.  2310.5(c) of this title.

    (c) When the action sought in an application involves the exercise 

by the Secretary of authority delegated by Executive Order 10355 (17 FR 

4831) and the Secretary denies the application in whole or in part, the 

applicant shall be notified of the reasons for the Secretary's decision. 

The decision shall be subject to further consideration only if the 

applicant informs the Secretary, in writing, within 15 days of the 

receipt by the applicant of the Secretary's decision, that the applicant 

has submitted the matter to the Office of Management and Budget for 

consideration and adjustment, as provided for in section 1(d) of the 

Executive Order.

    (d) A withdrawal application shall be denied, if, in the opinion of 

the Secretary, the applicant is attempting to circumvent the 

Congressional review provisions of section 204(c)(1) of the Act (43 

U.S.C. 1714(c)(1)) concerning withdrawals of 5,000 or more acres in the 

aggregate.

    (e) When an application is denied in its entirety by the Secretary, 

a notice to that effect, signed by the Secretary, shall be published 

promptly in the Federal Register.

    (f) In the case of a national defense withdrawal that may only be 

made by an Act of Congress, the Secretary shall transmit to the Congress 

proposed legislation effecting the withdrawal requested, together with 

the recommendations of the Secretary which may or may not support the 

proposed legislation in whole or in part. The proposed legislation shall 

contain such provisions for continued operation of the public land laws 

as to the public land areas included in the requested withdrawal as 

shall be determined by the Secretary to be compatible with the intended 

military use.