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 2880—RIGHTS-OF-WAY UNDER THE MINERAL LEASING ACT › Subpart 2884—Applying for MLA Grants or TUPs

43 C.F.R. § 2884.26

When will BLM issue a grant or TUP when the lands are managed by two or more Federal agencies?

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If the application involves lands managed by two or more Federal agencies, BLM will not issue or renew the grant or TUP until the heads of the agencies administering the lands involved have concurred. Where concurrence is not reached, the Secretary of the Interior, after consultation with these agencies, may issue or renew the grant or TUP, but not through lands within a Federal reservation where doing so would be inconsistent with the purposes of the reservation.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2018–2022 · leading case: Sierra Club, Inc. v. U.S. Forest Serv., 897 F.3d 582 (4th Cir. 2018).
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Sierra Club, Inc. v. U.S. Forest Serv., 897 F.3d 582 (4th Cir. 2018). “§ 185 (c)(2) ; 43 C.F.R. § 2884.26 . 4 On December 20, 2017-upon review of the pertinent regulations, FERC's EIS, and public comments, and with the concurrence of the Forest Service and the Corps of Engineers-the BLM issued a Rule of Decision ("ROD") granting a 30 year, 50-foot…”
Wild Virginia v. United States Forest Serv., 24 F.4th 915 (4th Cir. 2022). “”); 43 C.F.R. § 2884.26 (“If the application involves lands managed by two or more Federal agencies, BLM will not issue or renew [a right of way or temporary use permit] until the heads of the agencies administering the lands involved have concurred.”
Wild Virginia v. United States Forest Serv. (4th Cir. 2022). “”); 43 C.F.R. § 2884.26 (“If the application involves lands managed by two or more Federal agencies, BLM will not issue or renew [a right of way or temporary use permit] until the heads of the agencies administering the lands involved have concurred.”
Wild Virginia v. United States Bureau of Land Mgmt. (4th Cir. 2022). “”); 43 C.F.R. § 2884.26 (“If the application involves lands managed by two or more Federal agencies, BLM will not issue or renew [a right of way or temporary use permit] until the heads of the agencies administering the lands involved have concurred.”
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