[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: 43CFR3800]



[Page 763]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

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

 

PART 3800_MINING CLAIMS UNDER THE GENERAL MINING LAWS--Table of Contents

 

                     Subpart 3809_Surface Management

 

Sec.  3809.202  Under what conditions will BLM defer to State regulation of operations?



    (a) State request. A State may request BLM enter into an agreement 

for State regulation of operations on public lands in place of BLM 

administration of some or all of the requirements of this subpart. The 

State must send the request to the BLM State Director with jurisdiction 

over public lands in the State.

    (b) BLM review. (1) When the State Director receives the State's 

request, he/she will notify the public and provide an opportunity for 

comment. The State Director will then review the request and determine 

whether the State's requirements are consistent with the requirements of 

this subpart, and whether the State has necessary legal authorities, 

resources, and funding for an agreement. The State requirements may be 

contained in laws, regulations, guidelines, policy manuals, and 

demonstrated permitting practices.

    (2) For the purposes of this subpart, BLM will determine consistency 

with the requirements of this subpart by comparing this subpart and 

State standards on a provision-by-provision basis to determine--

    (i) Whether non-numerical State standards are functionally 

equivalent to BLM counterparts; and

    (ii) Whether numerical State standards are the same as corresponding 

numerical BLM standards, except that State review and approval time 

frames do not have to be the same as the corresponding Federal time 

frames.

    (3) A State environmental protection standard that exceeds a 

corresponding Federal standard is consistent with the requirements of 

this subpart.

    (c) State Director decision. The BLM State Director will notify the 

State in writing of his/her decision regarding the State's request. The 

State Director will address whether the State requirements are 

consistent with the requirements of this subpart, and whether the State 

has necessary legal authorities, resources, and funding to implement any 

agreement. If BLM determines that the State's requirements are 

consistent with the requirements of this subpart and the State has the 

necessary legal authorities, resources, and funding, BLM must enter into 

an agreement with the State so that the State will regulate some or all 

of the operations on public lands, as described in the State request.

    (d) Appeal of State Director decision. The BLM State Director's 

decision will be a final decision of BLM and may be appealed to the 

Assistant Secretary for Land and Minerals Management, but not to the 

Department of the Interior Office of Hearings and Appeals. The items you 

should include in the appeal are the same as the items you must include 

under Sec.  3809.802.



[65 FR 70112, Nov. 21, 2000, as amended at 68 FR 32656, June 2, 2003]