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43CFR2300, LAND WITHDRAWALS
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post Apr 16 2008, 11:38 AM
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QUOTE
[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2300]

[Page 72-75]

                    TITLE 43--PUBLIC LANDS: INTERIOR

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

PART 2300_LAND WITHDRAWALS--Table of Contents

Subpart 2300_Withdrawals, General




                    Subpart 2300_Withdrawals, General

Sec.
2300.0-1 Purpose.
2300.0-3 Authority.
2300.0-5 Definitions.

              Subpart 2310_Withdrawals, General: Procedure

2310.1 Procedures: General.
2310.1-1 Preapplication consultation.
2310.1-2 Submission of applications.
2310.1-3 Submission of withdrawal petitions.
2310.1-4 Cancellation of withdrawal applications or withdrawal proposals
          and denial of applications.
2310.2 Segregative effect of withdrawal applications or withdrawal
          proposals.
2310.2-1 Termination of segregative effect of withdrawal applications or
          withdrawal proposals.
2310.3 Action on withdrawal applications and withdrawal proposals,
          except for emergency withdrawals.
2310.3-1 Publication and public meeting requirements.
2310.3-2 Development and processing of the case file for submission to
          the Secretary.
2310.3-3 Action by the Secretary: Public land orders and notices of
          denial.
2310.3-4 Duration of withdrawals.
2310.3-5 Compensation for improvements.
2310.3-6 Transfer of jurisdiction.
2310.4 Review and extensions of withdrawals.
2310.5 Special action on emergency withdrawals.

      Subpart 2320_Federal Energy Regulatory Commission Withdrawals

2320.0-3 Authority.
2320.1 Lands considered withdrawn or classified for power purposes.
2320.2 General determinations under the Federal Power Act.
2320.3 Applications for restoration.

    Authority: 43 U.S.C. 1201; 43 U.S.C. 1740; E.O. 10355 (17 FR 4831,
4833).

    Source: 46 FR 5796, Jan. 19, 1981, unless otherwise noted.


Sec. 2300.0-1  Purpose.

    (a) These regulations set forth procedures implementing the
Secretary of the Interior's authority to process Federal land withdrawal
applications and, where appropriate, to make, modify or extend Federal
land withdrawals. Procedures for making emergency withdrawals are also
included.
    (b) The regulations do not apply to withdrawals that are made by the
Secretary of the Interior pursuant to an act of Congress which directs
the issuance of an order by the Secretary. Likewise, procedures
applicable to withdrawals authorized under the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1272(b); 1281), and procedures
relating to the Secretary's authority to establish Indian reservations
or to add lands to the reservations pursuant to special legislation or
in accordance with section 7 of the Act of June 18, 1934 (25 U.S.C.
467), as supplemented by section 1 of the Act of May 1, 1936 (25 U.S.C.
473a), are not included in these regulations.
    © General procedures relating to the processing of revocation of
withdrawals and relating to the relinquishment of reserved Federal land
areas are not included in this part.

Sec. 2300.0-3  Authority.

    (a)(1) Section 204 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1714) gives the Secretary of the Interior general
authority to make, modify, extend or revoke withdrawals,

[[Page 73]]

but only in accordance with the provisions and limitations of that
section. Among other limitations, the Federal Land Policy and Management
Act of 1976 provides that the Secretary of the Interior does not have
authority to:
    (i) Make, modify or revoke any withdrawal created by an Act of
Congress;
    (ii) Make a withdrawal which can be made only by an Act of Congress;
    (iii) Modify or revoke any withdrawal creating national monuments
under the Act of June 8, 1906 (16 U.S.C. 431-433), sometimes referred to
as the Antiquities Act;
    (iv) Modify or revoke any withdrawal which added lands to the
National Wildlife Refuge System prior to October 21, 1976, the date of
approval of the Federal Land Policy and Management Act of 1976 or which
thereafter adds lands to that System under the terms of that Act. In
this connection, nothing in the Federal Land Policy and Management Act
of 1976 is intended to modify or change any provision of the Act of
February 27, 1976 (16 U.S.C. 668 dd(a)).
    (2) Executive Order 10355 of May 26, 1952 (17 FR 4831), confers on
the Secretary of the Interior all of the delegable authority of the
President to make, modify and revoke withdrawals and reservations with
respect to lands of the public domain and other lands owned and
controlled by the United States in the continental United States or
Alaska.
    (3) The Act of February 28, 1958 (43 U.S.C. 155-158), sometimes
referred to as the Engle Act, places on the Secretary of the Interior
the responsibility to process Department of Defense applications for
national defense withdrawals, reservations or restrictions aggregating
5,000 acres or more for any one project or facility. These withdrawals,
reservations or restrictions may only be made by an act of Congress,
except in time of war or national emergency declared by the President or
the Congress and except as otherwise expressly provided in the Act of
February 28, 1958.
    (4) Section 302(b) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1732(b)) authorizes the Secretary of the Interior to
regulate the management of the public lands as defined in the Act
through instruments, such as memorandum of understanding, which the
Secretary deems appropriate.
    (5) Section 1326(a) of the Alaska National Interest Lands
Conservation Act (Pub. L. 96-487), authorizes the President and the
Secretary to make withdrawals exceeding 5,000 acres, in the aggregate,
in the State of Alaska subject to the provisions that such withdrawals
shall not become effective until notice is provided in the Federal
Register and to both Houses of the Congress and such withdrawals shall
terminate unless Congress passes a Joint Resolution of approval within
one year after the notice of withdrawal has been submitted to the
Congress.
    (b) The following references do not afford either withdrawal
application processing or withdrawal authority but are provided as
background information.
    (1) Executive Order 6910 of November 26, 1934, and E.O. 6964 of
February 5, 1935, as modified, withdrew sizable portions of the public
lands for classification and conservation. These lands and the grazing
districts estalished under the Taylor Grazing Act of 1934, as amended,
are subject to the classification and opening procedures of section 7 of
the Taylor Grazing Act of June 28, 1934, as amended (43 U.S.C. 315f);
however, they are not closed to the operation of the mining or mineral
leasing laws unless separately withdrawn or reserved, classified for
retention from disposal, or precluded from mineral leasing or mining
location under other authority.
    (2) The Classification and Multiple Use Act of September 19, 1964
(43 U.S.C. 1411-1418), authorized the Secretary of the Interior through
the Bureau of Land Management for retention or disposal under Federal
ownership and management. Numerous classification decisions based upon
this statutory authority were made by the Secretary of the Interior. For
the effect of these classification with regard to the disposal and
leasing laws of the United States, see subparts 2440 and 2461 of this
title.
    (3) Section 202 of the Federal Land Policy and Management Act of
1976 (43

[[Page 74]]

U.S.C. 1712) provides for land use planning and resultant management
decisions which may operate to totally eliminate a particular land use,
including one or more principal or major uses, as defined in the Act.
Withdrawals made pursuant to section 204 of the Federal Land Policy and
Management Act of 1976 may be used in appropriate cases, to carry out
management decisions, except that public lands, as defined in the Act,
can be removed from or restored to the operation of the Mining Law of
1872, as amended, or transferred to another department, agency or
office, only by withdrawal action pursuant to section 204 of the Federal
Land Policy and Management Act of 1976 or other action pursuant to
applicable law.
    (4) The first proviso of section 302(b) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1732(b)) provides, in part, that
unless otherwise provided for by law, the Secretary of the Interior may
permit Federal departments and agencies to use, occupy and develop
public lands only through rights-of-way under section 507 of the Act (43
U.S.C. 1767); withdrawals under section 204 of the Act (43 U.S.C. 1714);
and, where the proposed use and development are similar or closely
related to the programs of the Secretary for the public lands involved,
cooperative agreements under section 307(b) of the Act (43 U.S.C.
1737(b)).
    (5) Section 701© of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 note) provides that all withdrawals, reservations,
classifications and designations in effect on October 21, 1976, the
effective date of the Act, shall remain in full force and effect until
modified under the provisions of the Act or other applicable law.

Sec. 2300.0-5  Definitions.

    As used in this part, the term:
    (a) Secretary means the Secretary of the Interior or a secretarial
officer subordinate to the Secretary who has been appointed by the
President by and with the advice and consent of the Senate and to whom
has been delegated the authority of the Secretary to perform the duties
described in this part to be performed by the Secretary.
    (b) Authorized officer means any employee of the Bureau of Land
Management to whom has been delegated the authority to perform the
duties described in this part to be performed by the authorized officer.
    © Act means the Federal Land Policy and Management Act of 1976, as
amended (43 U.S.C. 1701 et seq.), unless otherwise specified.
    (d) Lands includes both upland and submerged land areas and any
right or interest in such areas. To the extent provided in section 1 of
the Act of February 28, 1958 (43 U.S.C. 155), the term also includes
offshore waters.
    (e) Cultural resources means those fragile and nonrenewable physical
remains of human activity found in districts, sites, structures, burial
mounds, petroglyphs, artifacts, objects, ruins, works of art,
architecture or natural settings or features which were important to
prehistoric, historic or other land and resource use events.
    (f) Archeological areas/resources means sites or areas containing
important evidence or the physical remains of former but now extinct
cultural groups, their skeletons, settlements, implements, artifacts,
monuments and inscriptions.
    (g) Resource use means a land use having as its primary objective
the preservation, conservation, enhancement or development of:
    (1) Any renewable or nonrenewable natural resource indigenous to a
particular land area, including, but not limited to, mineral, timber,
forage, water, fish or wildlife resources, or
    (2) Any resource value associated with a particular land area,
including, but not limited to, watershed, power, scenic, wilderness,
clean air or recreational values. The term does not include military or
other governmental activities requiring land sites only as an incidental
means to achieving an end not related primarily to the preservation,
conservation, enhancement or development of natural resources or
resource values indigenous to or associated with a particular land area.
    (h) Withdrawal means withholding an area of Federal land from
settlement, sale, location, or entry under some or all of the general
land laws, for the purpose of limiting activites under

[[Page 75]]

those laws in order to maintain other public values in the area or
reserving the area for a particular public purpose or program; or
transferring jurisdiction over an area of Federal land, other than
property governed by the Federal Property and Administrative Services
Act (40 U.S.C. 472), from one department, bureau or agency to another
department, bureau or agency.
    (i) Department means a unit of the Executive branch of the Federal
Government which is headed by a member of the President's Cabinet.
    (j) Agency means a unit of the Executive branch of the Federal
Government which is not within a Department.
    (k) Office means an office or bureau of the Department of the
Interior.
    (l) Applicant means any Federal department, agency or office.
    (m) Segregation means the removal for a limited period, subject to
valid existing rights, of a specified area of the public lands from the
operation of the public land laws, including the mining laws, pursuant
to the exercise by the Secretary of regulatory authority to allow for
the orderly administration of the public lands.
    (n) Legal description means a written land description based upon
either an approved and filed Federal land survey executed as a part of
the United States Public Land Survey System or, where specifically
authorized under Federal law, upon a protraction diagram. In the absence
of the foregoing, the term means a written description, approved by the
authorized officer, which defines the exterior boundaries of a tract of
land by reference to a metes and bounds survey or natural or other
monuments.
    (o) Modify or modification does not include, for the purposes of
section 204 of the Act (43 U.S.C. 1714), the addition of lands to an
existing withdrawal or the partial revocation of a withdrawal.
    (p) Withdrawal petition means a request, originated within the
Department of the Interior and submitted to the Secretary, to file an
application for withdrawal.
    (q) Withdrawal proposal means a withdrawal petition approved by the
Secretary.


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