the protest procedure prescribed by § 1601.6-1 of this title and a decision on the coal lease proposal. A land use analysis meets the land use planning requirements of section 202 of the Federal Land Policy and Management Act. The decision to approve the land use analysis and lease coal is made by the Departmental official who has been delegated the authority to issue coal leases.

§ 1601.6-5 Management decision review by Congress.

The Federal Land Policy and Management Act requires that any Bureau of Land Management management decision, or action pursuant to a management decision, which totally eliminates one or more principal or major uses for two or more years with respect to a tract of 100,000 acres or more, shall be reported by the Secretary to Congress before it can be implemented. This report shall not be required prior to approval of a resource management plan which, if fully or partially implemented would result in such an elimination. The required report shall be submitted as the first action step in implementing that portion of a resource management plan which would require elimination of such a use.

§ 1601.6-6 Designation of areas unsuitable for surface mining.

(a) (1) The resource management planning process is the chief process by which public land is reviewed to assess whether there are areas unsuitable for surface coal mining operations under section 522(b) of the Surface Mining Control and Reclamation Act. Criteria for this assessment are found in § 3461.2 of this title.

(2) When petitions to designate land unsuitable under section 522(c) of the Surface Mining Control and Reclamation Act are referred to the Bureau of Land Management for comment, the resource management plan, if available, shall be the basis for comment. Formal designation of land as unsuitable is a function of the Office of Surface Mining Reclamation and Enforcement under the provisions of 30 CFR Subpart 769.

(3) In approving a resource management plan in which land is assessed unsuitable, the District Manager shall:

(i) Condition any leasing of the area for coal development; or

(ii) After approving a resource management plan, take all necessary steps to initiate the withdrawal of the land from leasing for coal development. The District Manager shall petition the Office of Surface Mining Reclamation and Enforcement to designate the area as unsuitable under 30 CFR Part 769 where the land assessed as being unsuitable is covered by a coal lease on which operations are not exempted or excepted from the relevant criterion.

(b) (1) The resource management planning process is the chief process by which public land is reviewed for designation as unsuitable for entry or leasing for mining operations for minerals and materials other than coal under section 601 of the Surface Mining Control and Reclamation Act.

(2) When petitions to designate land unsuitable under section 601 of the Surface Mining Control and Reclamation Act are received by the Bureau of Land Management, the resource plan, if available, shall be the basis for determination for designation.

(3) In approving a resource management plan in which land is designated unsuitable, the District Manager shall:

(i) Condition any entry or leasing of the area for mining operations for minerals or materials other than coal;

or

(ii) After approving a resource management plan, take all necessary steps to initiate the withdrawal of the land from entry or leasing for mining operations for minerals or materials other than coal.

§ 1601.6-7 Designation of Areas of Critical Environmental Concern.

Areas having potential for ACEC designation and protective management shall be identified and considered throughout the planning process (See §§ 1601.5-1 through 1601.5-9). Approval of a resource management plan constitutes formal designation of any ACECS involved.

80-148 0-82--3

§ 1601.7 Combined resource management plan and related environmental impact statement content and documentation.

§ 1601.7-1 Process records.

Records pertaining to the analysis and conclusions reached by the District Manager and staff throughout the planning and environmental analysis process shall be maintained. Such records shall provide the basis for the draft and final environmental impact statements and the development of, revision, or amendment to, the resource management plan. Such records shall be kept filed together and shall be available, on request, for public review.

§ 1601.7-2 Authority annotations.

The resource management plan and alternatives shall be annotated to show:

(a) Portions that may be implemented pursuant to authority delegated to the State Director.

(b) Portions that are not within the State Directors delegated authority and the organizational unit or officer that has such authority.

§ 1601.7-3 Plan and environmental impact statement document.

There shall be a single document (in separate volumes, if necessary) in a standard format serving as both a resource management plan and environmental impact statement. It shall contain at least:

(a) A brief description of the major issues and management concerns;

(b) The planning criteria used in its preparation;

(c) Descriptions and appropriate maps of the area covered;

(d) Goals, objectives and other direction from national policy, State Director guidance, and public participation;

(e) Details of the plan, including items (1) through (8) from the definition of the term "resource management plan" (see § 1601.0-6(n)). This portion of the plan may be organized into separate discrete sections which comprehensively cover major issues or topics so that the reader is able to find all relevant conclusions about an issue or topic. In all cases where an ACEC

or coal is involved, there shall be discrete sections which provide—

(1) An identification of each designated ACEC, including the name, purpose and objective of designation, a description of environmental resources or hazards involved together with an evaluation of their relevance, importance, criticalness and protectability, and their special management requirements.

(2) An identification of high and medium value coal areas, indicating those lands acceptable for further consideration for coal leasing and how the Departmental unsuitable criteria were applied (see §§ 3420.2-3 and 3461 of this title).

(f) Alternatives considered;

(g) Alternatives eliminated from study and a brief discussion of the reasons;

(h) An analysis of the environmental impacts of the proposed plan and alternatives considered;

(i) Reasons for the alternative selected and, when it differs from the environmentally preferred alternative, the environmentally preferred alternative shall be identified as required by 40 CFR 1505.2(b);

(j) Relationship between the proposed plan and policies, plans, and programs of other Federal agencies, State and local government plans, Indian Tribes, including documentation required on consistency issues;

(k) List of preparers, together with their qualifications, as prescribed by 40 CFR 1502.17;

(1) Signature of concurring and approving officers; and

(m) Appropriate references to information used in development of the resource management plan.

§ 1601.8 Transition period.

(a) All management framework plans in the process of being prepared at the time these regulations are issued shall be reviewed, and the Director shall establish those portions of these regulations which are to be used in the completion of those plans, given time and budgetary constraints established through Federal budgets and legally mandated schedules. This determination shall be made and published

in the planning schedule which is to be published early in fiscal year 1980 (see § 1601.3(a)).

(b) Until management framework plans, existing or in preparation, are superseded by resource management plans, proposed actions may be considered on the basis of these existing management framework plans as follows:

(1) The management framework plan shall be in compliance with the principle of multiple use and sustained yield and shall have been developed with public participation and governmental coordination, but not necessarily precisely as prescribed by §§ 1601.3 and 1601.4 of this title.

(2) Proposed actions which have been or are being discussed in court ordered management framework plan based environmental statements (e.g., range and timber management actions) may be given further consideration 30 days after the filing of the relevant environmental impact statement; and these regulations do not require any subsequent analysis or proc

ess.

(3) For proposed actions other than those described in paragraph (b)(2) of this section, determination shall be made by the District Manager whether the proposed action is in conformance with the management framework plan. Such determination shall be in writing and shall explain the reasons for the determination.

(i) If the proposed action is in conformance, it may be further considered for decision under procedure applicable to that type of action, including requirements of regulations for implementing the procedural provisions of the National Environmental Policy Act in 40 CFR Parts 1500 through 1508.

(ii) If the proposed action is not in conformance with the management framework plan, or if the management framework plan does not meet the requirements of paragraph (b)(1) of this section, and if the proposed action warrants further favorable consideration before a resource management plan is scheduled for preparation, such consideration shall be through a management framework plan amendment

eral products and services obtainable therefrom.

§ 1725.2 Disposal policy.

Public lands will be transferred out of Federal ownership in the most efficient manner possible. This will be accomplished, where practicable, by the following procedures.

(a) Encouragement and assistance will be extended to State, county, and local governments in master planning and zoning. They will be encouraged to utilize the best modern techniques for quality land utilization, including preservation of natural beauty and open space values, and the prevention of uneconomic use and development of flood plains.

(b) Inclusion in patents of suitable conditions or restrictions on the use of the land, in those situations where a tract of land is suitable for disposal but has been evaluated as having a flood hazard potential which may cause economic loss to improvements or may endanger human life. If inclusion of needed conditions or restrictions in the deed are not permitted by law, the tract may be withheld from disposal to avoid, such losses.

(EO 11296, 31 FR 10663, Aug. 11, 1966)

(c) Participation of the public and consultation with local government will be invited in the formulation of plans for transfers of public lands.

(d) Timely and orderly identification and disposition of lands needed for urban or suburban purposes, or chiefly valuable for residential, commercial, industrial, agricultural, or public purposes will be made.

(e) Practices and procedures will be utilized which will achieve appropriate dispositions with minimum administrative costs.

(f) Priorities will be established based upon availability of funds, urgency of needs for public lands, and resulting economies or effectiveness of Government operations.

[35 FR 9512, June 13, 1970, as amended at 41 FR 29122, July 15, 1976]

§ 1725.2-1 Pricing policy.

The public land laws generally require as consideration for transfer of public lands out of Federal ownership,

a fair return in the form of one or more of the following: Money, lands, or other property; development of the lands; or some public benefit, tangible or intangible. Where the law requires the Secretary to determine the return, such determination will be made in accordance with the following principles:

(a) Wherever the law does not provide otherwise, disposals to private persons and profit organizations will be made at not less than fair market value for the interests conveyed and through competitive bidding.

(b) Transfers to States and local government agencies for commercial, or industrial purposes will be through negotiated sale at fair market values.

(c) Transfer of land to States and local government agencies and to nonprofit organizations to be developed for public purposes will be made at prices and other terms that will encourage and facilitate the accomplishment of the public purposes involved.

(d) Where development is required by law or regulation in lieu of less than full payment, there must be appropriate assurance that the development effort will be bona fide and substantial.

§ 1725.3 Management policy.

§ 1725.3-1 Priority of use for lands retained for multiple use management. No overall priority is assigned by the Classification and Multiple Use Act or by the Secretary to any specific use. The Secretary or his delegate will authorize, under applicable authority, that use or combination of uses which will best achieve the objectives of multiple use, taking into consideration all pertinent factors, including, but not limited to, ecology, existing uses, and the relative values of the various resources in particular areas.

§ 1725.3-2 Intensity of use and management of lands retained for multiple use management.

Consistent with the provisions of applicable law, the land will be managed: (a) To attain the widest range of beneficial uses of the environment (including the land, water, flora, fauna, and other environmental elements), without undue environmental degra

dation, risk to health or safety, or other undesirable consequences.

(b) To attain optimum production of its various products and for those other beneficial uses for which the lands are physically and economically suited, consistent with acceptable environmental quality.

(c) To preserve important historic, cultural, and natural aspects of our national heritage.

The following matters will be considered:

(1) Existing or future economic and social needs for the resource, use, value, or commodity.

(2) The effect of any proposed use on all other resource values.

(3) Coordination and cooperation with the resource use and management programs of States, local governments, public organizations and private landowners.

(4) Consistency with national programs.

(5) Compatibility of the possible

uses.

(6) Compatibility with the maintenance and enhancement of long-term productivity of the lands and the integrity of the environment.

[36 FR 6422, Apr. 3, 1971]

§ 1725.3-3 Components of multiple use

management.

Section 1 of the Classification and Multiple Use Act lists ten objectives of public land management. The methods of management of the public lands will be governed by the provision of existing laws. The listed objectives as interpreted by the Secretary are as follows:

(a) Domestic livestock grazing. Management of public lands for domestic livestock grazing involves the protection, regulated use, and development of forage producing public lands and the management of livestock (cattle, sheep, horses, and goats) use to obtain a sustained yield of forage.

(b) Fish and wildlife development and utilization. Management of public lands for fish and wildlife development and utilization involves the protection, regulated use, and development of habitat on public lands and waters to obtain a sustained yield of

fish and wildlife and provision and maintenance of public access to fish and wildlife resources.

(c) Industrial development. Management of public lands for industrial development involves the protection, regulated use, and development of public lands in a manner to facilitate the growth and stability of industry, whether off-site or on-site, long term or short term.

(d) Mineral production. Management of public lands for mineral production involves the protection, regulated use, and development of public lands in a manner to facilitate the extraction and processing of minerals, whether off-site or on-site, long term or short term.

Management of

(e) Occupancy. public lands for occupancy involves the protection, regulated use, and development of lands as sites for economically and socially useful structures, either publicly or privately owned.

(f) Outdoor recreation. Management of public lands for outdoor recreation involves the protection, regulated use, and development of public lands having open-space values in a manner that will preserve those values and will make them available for appropriate recreation enjoyment by the public.

(g) Timber production. Management of public lands for timber production involves the protection, regulated use, and development of public forest and woodland areas to obtain a sustained yield of forest products.

(h) Watershed protection. Management of public lands for watershed protection involves the protection, regulated use, and development of any public lands in a manner to control runoff; to minimize soil erosion, siltation, and other destructive consequences of uncontrolled water flows; and to maintain and improve storage, yield, quality, and quantity of surface and subsurface waters.

(i) Wilderness preservation. Management of public lands for wilderness preservation involves the protection and regulated use of public lands which are in a roadless and primitive condition in a manner to preserve their essential wilderness character.