43 C.F.R. § 3420.4-2
Consultation with surface management agencies
(a) The Secretary, for any proposed lease tract containing lands the surface of which is under the jurisdiction of any agency other than the Department, shall request that the agency: (1) Consent, if it has not already done so, to the issuance of the lease (43 CFR 3400.3-1), and (2) if it consents, prescribe the terms and conditions the Secretary will impose in any lease which the head of the agency requires for the use and protection of the nonmineral interests in those lands.
(b) The Secretary may prescribe additional terms and conditions that are consistent with the terms proposed by the surface management agency to protect the interest of the United States and to safeguard the public welfare.
Notes of Decisions
Cited in 2
cases, 2013–2015 · leading case: Wildearth Guardians v. United States Bureau of Land Mgmt., 922 F. Supp. 2d 51 (D.D.C. 2013).
Wildearth Guardians v. United States Bureau of Land Mgmt., 922 F. Supp. 2d 51 (D.D.C. 2013). “See 43 C.F.R. § 3420.4-2 . The Service provided the necessary consent for the North Porcupine and South Porcupine tracts, relying on the impact analysis in the same FEIS to do so.”
Wild Earth Guardians v. United States Forest Serv., 120 F. Supp. 3d 1237 (D. Wyo. 2015). “67 acres of National Forest System land in the Grassland in the NP field.”
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