43 CFR 3420.1-4 - General requirements for land use planning.

§ 3420.1-4 General requirements for land use planning.
(a) The Secretary may not hold a lease sale under this part unless the lands containing the coal deposits are included in a comprehensive land use plan or land use analysis. The land use plan or land use analysis will be conducted with public notice and opportunity for participation at the points specified in § 1610.2(f) of this title. The sale must be compatible with, and subject to, any relevant stipulations, guidelines, and standards set out in that plan or analysis.
(b)
(1) The Bureau of Land Management shall prepare comprehensive land use plans and land use analyses for lands it administers in conformance with 43 CFR part 1600.
(2) The Department of Agriculture or any other Federal agency with surface management authority over lands subject to leasing shall prepare comprehensive land use plans or land use analyses for lands it administers.
(3) The Secretary may lease in any area where it is found either that there is no Federal interest in the surface or that the coal deposits in an area are insufficient to justify the costs of a Federal land use plan upon completion of a land use analysis in accordance with this section and 43 CFR part 1600.
(c) In an area of Federal lands not covered by a completed comprehensive land use plan or scheduled for comprehensive land use planning, a member of the public may request the appropriate Bureau of Land Management State Office to prepare a land use analysis for coal related uses of the land as provided for in this group.
(d) A comprehensive land use plan or land use analysis shall contain an estimate of the amount of coal recoverable by either surface or underground mining operations or both.
(e) The major land use planning decision concerning the coal resource shall be the identification of areas acceptable for further consideration for leasing which shall be identified by the screening procedures listed below:
(1) Only those areas that have development potential may be identified as acceptable for further consideration for leasing. The Bureau of Land Management shall estimate coal development potential for the surface management agency. Coal companies, State and local governments and the general public are encouraged to submit information to the Bureau of Land Management at any time in connection with such development potential determinations. Coal companies, State and local governments and members of the general public may also submit nonconfidential coal geology and economic data during the inventory phase of planning to the surface management agency conducting the land use planning. Where such information is determined to indicate development potential for an area, the area may be included in the land use planning for evaluation for coal leasing.
(2) The Bureau of Land Management or the surface managing agency conducting the land use planning shall, using the unsuitability criteria and procedures set out in subpart 3461 of this title, review Federal lands to assess where there are areas unsuitable for all or certain stipulated methods of mining. The unsuitability assessment shall be consistent with any decision of the Office of Surface Mining Reclamation and Enforcement to designate lands unsuitable or to terminate a designation in response to a petition.
(3) Multiple land use decisions shall be made which may eliminate additional coal deposits from further consideration for leasing to protect other resource values and land uses that are locally, regionally or nationally important or unique and that are not included in the unsuitability criteria discussed in paragraph (e) of this section. Such values and uses include, but are not limited to, those identified in section 522(a)(3) of the Surface Mining Reclamation and Control Act of 1977 and as defined in 30 CFR 762.5. In making these multiple use decisions, the Bureau of Land Management or the surface management agency conducting the land use planning shall place particular emphasis on protecting the following: Air and water quality; wetlands, riparian areas and sole-source aquifers; the Federal lands which, if leased, would adversely impact units of the National Park System, the National Wildlife Refuge System, the National System of Trails, and the National Wild and Scenic Rivers System.
(4)
(i) While preparing a comprehensive land use plan or land use analysis, the Bureau of Land Management shall consult with all surface owners who meet the criteria in paragraphs (gg) (1) and (2) of § 3400.0-5 of this title, and whose lands overlie coal deposits, to determine preference for or against mining by other than underground mining techniques.
(ii) For the purposes of this paragraph, any surface owner who has previously granted written consent to any party to mine by other than underground mining techniques shall be deemed to have expressed a preference in favor of mining. Where a significant number of surface owners in an area have expressed a preference against mining those deposits by other than underground mining techniques, that area shall be considered acceptable for further consideration only for development by underground mining techniques. In addition, the area may be considered acceptable for further consideration for leasing for development by other than underground techniques if there are no acceptable alternative areas available to meet the regional leasing level.
(iii) An area eliminated from further consideration by this subsection may be considered acceptable for further consideration for leasing for mining by other than underground mining techniques if:
(A) The number of surface owners who have expressed their preference against mining by other than underground techniques is reduced below a significant number because such surface owners have given written consent for such mining or have transferred ownership to unqualified surface owners; and
(B) The land use plan is amended accordingly.
(f) In its review of cumulative impacts of coal development, the regional coal team shall consider any threshold analysis performed during land-use planning as required by § 1610.4-4 of this title and shall apply this analysis, where appropriate, to the region as a whole.
[44 FR 42615, July 19, 1979. Redesignated and amended at 47 FR 33136, July 30, 1982; 50 FR 8626, Mar. 4, 1985; 51 FR 18888, May 23, 1986; 52 FR 46472, Dec. 8, 1987; 64 FR 52242, Sept. 28, 1999]

Title 43 published on 2013-10-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 15 - COMMERCE AND TRADE

§ 631 - Declaration of policy

§ 631a - Congressional declaration of small business economic policy

§ 631b - Reports to Congress; state of small business

§ 631c - Small Business Manufacturing Task Force

§ 632 - Definitions

§ 633 - Small Business Administration

§ 633a - Detailed justification for proposed changes in budget requests

§ 634 - General powers

§ 634a - Office of Advocacy within Small Business Administration; Chief Counsel for Advocacy

§ 634b - Primary functions of Office of Advocacy

§ 634c - Additional duties of Office of Advocacy

§ 634d - Staff and powers of Office of Advocacy

§ 634e - Assistance of Government agencies

§ 634f - Reports

§ 634g - Budgetary line item and authorization of appropriations

§ 635 - Deposit of moneys; depositaries, custodians, and fiscal agents; contributions to employees’ compensation funds

§ 636 - Additional powers

§ 636a - Repealed.

§ 636b - Disaster loan interest rates

§ 636c - Age of applicant for disaster loans

§ 636d - Disaster aid to major sources of employment

§ 636e - Definitions

§ 636f - Coordination of efforts between the Administrator and the Internal Revenue Service to expedite loan processing

§ 636g - Development and implementation of major disaster response plan

§ 636h - Disaster planning responsibilities

§ 636i - Small business bonding threshold

§ 636j - Expedited disaster assistance loan program

§ 636k - Reports on disaster assistance

§ 637 - Additional powers

§ 637a - Repealed.

§ 637b - Availability of information

§ 637c - Definitions

§ 637d - Subcontracting plan reports

§ 638 - Research and development

§ 638a - GAO study with respect to venture capital operating company, hedge fund, and private equity firm involvement

§ 638b - Reducing vulnerability of SBIR and STTR programs to fraud, waste, and abuse

§ 639 - Reporting requirements and agency cooperation

§ 639a - Review of loan program; submission of estimated needs for additional authorization

§ 640 - Voluntary agreements among small-business concerns

§ 641 - Transfer to Administration of other functions, powers, and duties

§ 642 - Requirements for loans

§ 643 - Fair charge for use of Government-owned property

§ 644 - Awards or contracts

§ 644a - Small Business Procurement Advisory Council

§ 645 - Offenses and penalties

§ 645a - Annual report on suspensions and debarments proposed by Small Business Administration

§ 646 - Liens

§ 647 - Duplication of activities of other Federal departments or agencies

§ 648 - Small business development center program authorization

§ 648a - Repealed.

§ 648b - Grants for SBDCs

§ 649 - Office of International Trade

§ 649a - Omitted

§ 649b - Grants, contracts and cooperative agreements for international marketing programs

§ 649c - Authorization of appropriations

§ 649d - Central information clearinghouse

§ 650 - Supervisory and enforcement authority for small business lending companies

§ 651 - National small business tree planting program

§ 652 - Central European Enterprise Development Commission

§ 653 - Office of Rural Affairs

§ 654 - Paul D. Coverdell drug-free workplace program

§ 655 - Pilot Technology Access Program

§ 656 - Women’s business center program

§ 657 - Oversight of regulatory enforcement

§ 657a - HUBZone program

§ 657b - Veterans programs

§ 657c - Repealed.

§ 657d - Federal and State Technology Partnership Program

§ 657e - Mentoring Networks

§ 657f - Procurement program for small business concerns owned and controlled by service-disabled veterans

§ 657g - Participation in federally funded projects

§ 657h - Small business energy efficiency

§ 657i - Coordination of disaster assistance programs with FEMA

§ 657j - Information tracking and follow-up system for disaster assistance

§ 657k - Disaster processing redundancy

15 U.S. Code § -

§ 657m - Plans to secure sufficient office space

§ 657n - Immediate Disaster Assistance program

15 U.S. Code § -

§ 657p - Outreach regarding health insurance options available to children

§ 657q - Consolidation of contract requirements

§ 657r - Mentor-protege programs

§ 657s - Limitations on subcontracting

U.S. Code: Title 30 - MINERAL LANDS AND MINING

§ 181 - Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved

§ 182 - Lands disposed of with reservation of deposits of coal, etc.

§ 183 - Cancellation of prospecting permits

§ 184 - Limitations on leases held, owned or controlled by persons, associations or corporations

§ 184a - Authorization of States to include in agreements for conservation of oil and gas resources lands acquired from United States

§ 185 - Rights-of-way for pipelines through Federal lands

§ 186 - Reservation of easements or rights-of-way for working purposes; reservation of right to dispose of surface of lands; determination before offering of lease; easement periods

§ 187 - Assignment or subletting of leases; relinquishment of rights under leases; conditions in leases for protection of diverse interests in operation of mines, wells, etc.; State laws not impaired

§ 187a - Oil or gas leases; partial assignments

§ 187b - Oil or gas leases; written relinquishment of rights; release of obligations

§ 188 - Failure to comply with provisions of lease

§ 188a - Surrender of leases

§ 189 - Rules and regulations; boundary lines; State rights unaffected; taxation

§ 190 - Oath; requirement; form; blanks

§ 191 - Disposition of moneys received

§ 191a - Late payment charges under Federal mineral leases

§ 191b - Collection of unpaid and underpaid royalties and late payment interest owed by lessees

§ 192 - Payment of royalties in oil or gas; sale of such oil or gas

§ 192a - Cancellation or modification of contracts

§ 192b - Application to contracts

§ 192c - Rules and regulations governing issuance of certain leases; disposition of receipts

§ 193 - Disposition of deposits of coal, and so forth

§ 193a - Preference right of United States to purchase coal for Army and Navy; price for coal; civil actions; jurisdiction

§ 194 - Repealed.

§ 195 - Enforcement

§ 196 - Cooperative agreements; delegation of authority

§ 521 - Mineral leasing claims

§ 522 - Conflicting periods of location of claims

§ 523 - Uranium leases

§ 524 - Reservation of minerals to United States

§ 525 - Future location of claims on mineral lands

§ 526 - Mining and Leasing Act operations

§ 527 - Determination of unpatented mining claims

§ 528 - Waiver and relinquishment of mineral rights

§ 529 - Helium lands subject to entry

§ 530 - Definitions

§ 531 - Approval of United States officials

§ 1201 - Congressional findings

§ 1202 - Statement of purpose

U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 43 - PUBLIC LANDS