C.F.R. » Title 43 » CHAPTER II—BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—LAND RESOURCE MANAGEMENT (2000) Group 2000—Land Resource Management; General › PART 2300—LAND WITHDRAWALS › Subpart 2310—Withdrawals, General: Procedure

43 C.F.R. § 2310.1

Procedures: General

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(a) The basic steps leading up to the making, modification or extension of a withdrawal, except emergency withdrawals, are:

(1) Preapplication consultation;

(2) Obtaining Secretarial approval of a withdrawal petition in appropriate cases;

(3) Submission for filing of an application for a requested withdrawal action;

(4) Publication in the Federal Register of a notice stating that a withdrawal proposal has been made or that an application has been submitted for filing.

(5) Negotiations between the applicant and the authorized officer as well as the accomplishment of investigations, studies and analyses which may be required to process an application.

(6) Preparation of the case file to be considered by the Secretary, including the authorized officer's findings and recommendations;

(7) Transmittal of the case file to the Director, Bureau of Land Management, for the Director's review and decision regarding the findings and recommendations of the authorized officer;

(8) Transmittal of the case file to the Secretary.

(9) Publication of a public land order or a notice of denial signed by the Secretary. If the application seeks a national defense withdrawal that may only be made by an Act of Congress, the Secretary will transmit to the Congress proposed legislation along with the Secretary's recommendations, and documentation relating thereto.

Notes of Decisions
Cited in 1 case, 1998–1998 · leading case: Kosanke v. United States Dep't of the Interior, 144 F.3d 873 (D.C. Cir. 1998).
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Kosanke v. United States Dep't of the Interior, 144 F.3d 873 (D.C. Cir. 1998). “Procedural History On February 26, 1992, the Secretary, acting under 43 C.F.R. §§ 2310.1 , 2310.2(a) (providing for segregation of lands from min *875 ing laws pending congressional action withdrawing the lands for military purposes), signed Public Land Order No.”
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