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 2410—CRITERIA FOR ALL LAND CLASSIFICATIONS › Subpart 2410—General Criteria

43 C.F.R. § 2410.1

All classifications

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All classifications under the regulations of this part will give due consideration to ecology, priorities of use, and the relative values of the various resources in particular areas. They must be consistent with all the following criteria:

(a) The lands must be physically suitable or adaptable to the uses or purposes for which they are classified. In addition, they must have such physical and other characteristics as the law may require them to have to qualify for a particular classification.

(b) All present and potential uses and users of the lands will be taken into consideration. All other things being equal, land classifications will attempt to achieve maximum future uses and minimum disturbance to or dislocation of existing users.

(c) All land classifications must be consistent with State and local government programs, plans, zoning, and regulations applicable to the area in which the lands to be classified are located, to the extent such State and local programs, plans, zoning, and regulations are not inconsistent with Federal programs, policies, and uses, and will not lead to inequities among private individuals.

(d) All land classifications must be consistent with Federal programs and policies, to the extent that those programs and policies affect the use or disposal of the public lands.

[35 FR 9560, June 13, 1970]
Notes of Decisions
Cited in 1 case, 1976–1976 · leading case: Nelson v. Kleppe, 457 F. Supp. 5 (D. Idaho 1976).
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Nelson v. Kleppe, 457 F. Supp. 5 (D. Idaho 1976). · cites it 8× “” (emphasis added) Once a qualified application is made, the Secretary must classify, the duty is clear and certain; however, the particular classification category to be given to the lands still is within the Secretary’s discretion, subject to the general regulations in 43…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.