43 C.F.R. § 3461.3-1

Application of criteria on unleased lands

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(a) The unsuitability criteria shall only be applied, prior to lease issuance, to all lands leased after July 19, 1979.

(b) The unsuitability criteria shall be initially applied either:

(1) During land use planning or the environmental assessment conducted for a specific lease application; or

(2) During land use planning under the provisions of § 3420.1-4 of this title.

[47 FR 33149, July 30, 1982. Redesignated at 52 FR 46473, Dec. 8, 1987]

Notes of Decisions

Cited in 1 case, 1985–1985 · leading case: Nat'l Wildlife Fed'n v. Burford, 677 F. Supp. 1445 (D. Mont. 1985).

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Nat'l Wildlife Fed'n v. Burford, 677 F. Supp. 1445 (D. Mont. 1985). “§ 1272 (b); 43 C.F.R. § 3461.3-1 (a)(1). Thus, plaintiffs’ claims of incompatibility resulting from inclusion of these buffer zones must fail.”

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