43 CFR 3809.203 - What are the limitations on BLM deferral to State regulation of operations?

§ 3809.203 What are the limitations on BLM deferral to State regulation of operations?
Any agreement between BLM and a State in which BLM defers to State regulation of some or all operations on public lands is subject to the following limitations:
(a) Plans of Operations. BLM must concur with each State decision approving a plan of operations to assure compliance with this subpart, and BLM retains responsibility for compliance with the National Environmental Policy Act (NEPA). The State and BLM may decide who will be the lead agency in the plan review process, including preparation of NEPA documents.
(b) Federal land-use planning and other Federal laws. BLM will continue to be responsible for all land-use planning on public lands and for implementing other Federal laws relating to the public lands for which BLM is responsible.
(c) Federal enforcement. BLM may take any authorized action to enforce the requirements of this subpart or any term, condition, or limitation of a notice or an approved plan of operations. BLM may take this action regardless of the nature of its agreement with a State, or actions taken by a State.
(d) Financial guarantee. The amount of the financial guarantee must be calculated based on the completion of both Federal and State reclamation requirements, but may be held as one instrument. If the financial guarantee is held as one instrument, it must be redeemable by both the Secretary and the State. BLM must concur in the approval, release, or forfeiture of a financial guarantee for public lands.
(e) State performance. If BLM determines that a State is not in compliance with all or part of its Federal/State agreement, BLM will notify the State and provide a reasonable time for the State to comply.
(f) Termination.
(1) If a State does not comply after being notified under paragraph (e) of this section, BLM will take appropriate action, which may include termination of all or part of the agreement.
(2) A State may terminate its agreement by notifying BLM 60 calendar days in advance.

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

§ 22 - Lands open to purchase by citizens

§ 23 - Length of claims on veins or lodes

§ 24 - Proof of citizenship

§ 25 - Affidavit of citizenship

§ 26 - Locators’ rights of possession and enjoyment

§ 27 - Mining tunnels; right to possession of veins on line with; abandonment of right

§ 28 - Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records;...upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure

30 U.S. Code § -

30 U.S. Code § -

§ 28a - Omitted

§ 28b - Annual assessment work on mining claims; temporary deferment; conditions

§ 28c - Length and termination of deferment

§ 28d - Performance of deferred work

§ 28e - Recordation of deferment

§ 28f - Fee

§ 28g - Location fee

§ 28h - Co-ownership

§ 28i - Failure to pay

§ 28j - Other requirements

§ 28k - Regulations

30 U.S. Code § -

§ 29 - Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting...objections; nonresident claimant’s agent for execution of application and affidavits

§ 30 - Adverse claims; oath of claimants; requisites; waiver; stay of land office proceedings; judicial determination of right of possession;...of land office proceedings and judgment roll; alienation of patent title

§ 31 - Oath: agent or attorney in fact, beyond district of claim

§ 32 - Findings by jury; costs

§ 33 - Existing rights

§ 34 - Description of vein claims on surveyed and unsurveyed lands; monuments on ground to govern conflicting calls

§ 35 - Placer claims; entry and proceedings for patent under provisions applicable to vein or lode claims; conforming entry to...and surveys; limitation of claims; homestead entry of segregated agricultural land

§ 36 - Subdivisions of 10-acre tracts; maximum of placer locations; homestead claims of agricultural lands; sale of improvements

§ 37 - Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance...of proceedings; knowledge affecting construction of application and scope of patent

§ 38 - Evidence of possession and work to establish right to patent

§ 39 - Surveyors of mining claims

§ 40 - Verification of affidavits

§ 41 - Intersecting or crossing veins

§ 42 - Patents for nonmineral lands: application, survey, notice, acreage limitation, payment

§ 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

§ 301 - Authorization for lease of oil and gas deposits; by and to whom leased

§ 302 - Assignment of lease; subletting

§ 303 - Conditions precedent to award of lease; preferred class; bidding

§ 304 - Provisions authorized in lease

§ 305 - Royalties under lease

§ 306 - Rules and regulations

§ 351 - Definitions

§ 352 - Deposits subject to lease; consent of department heads; lands excluded

§ 353 - Sale of lands unaffected; reservation of mineral rights; sale subject to prior lease; naval petroleum reserves unaffected

§ 354 - Lease of partial or future interests in deposits

§ 355 - Disposition of receipts

§ 356 - Furnishing description of lands and title documents; recordation of documents; authenticated copies

§ 357 - State or local government rights; taxation

§ 358 - Rights under prior leases; priority of pending applications; exchange of leases

§ 359 - Rules and regulations

§ 601 - Rules and regulations governing disposal of materials; payment; removal without charge; lands excluded

§ 602 - Bidding; advertising and other notice; conditions for negotiation of contract

§ 603 - Disposition of moneys from disposal of materials

§ 604 - Disposal of sand, peat moss, etc., in Alaska; contracts

U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 43 - PUBLIC LANDS
Statutes at Large