Effectuating Congressional Nullification of the Resource Management Planning Rule Under the Congressional Review Act, 60554-60562 [2017-27509]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Land Management

[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)]
[Rules and Regulations]
[Pages 60554-60562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27509]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 1600

[Docket ID: BLM-2016-0002; LLWO210000.17X.L16100000.PN0000]
RIN 1004-AE39


Effectuating Congressional Nullification of the Resource 
Management Planning Rule Under the Congressional Review Act

AGENCY: Bureau of Land Management, Interior.

ACTION: Final rule; CRA revocation.

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SUMMARY: By operation of the Congressional Review Act (CRA), the 
Resource Management Planning Rule (Planning 2.0 Rule) shall be treated 
as if it had never taken effect. The BLM issues this document to effect 
the removal of any amendments, deletions or other modifications made by 
the nullified rule, and the reversion to the text of the regulations in 
effect immediately prior to the effective date of the Planning 2.0 
Rule.

DATES: This rule is effective on December 21, 2017.

ADDRESSES: Previous documents related to the Resource Management 
Planning Rule (Planning 2.0 Rule), published at 81 FR 89580 (December 
12, 2016), are available at www.regulations.gov in Docket No. BLM-2016-
0002.

FOR FURTHER INFORMATION CONTACT: Leah Baker, Division Chief for 
Decision Support, Planning and NEPA, at 202-912-7282, for information 
relating to the BLM's national planning program or the substance of 
this final rule. For information on procedural matters or the 
rulemaking process, you may contact Charles Yudson, Management Analyst 
for the Office of Regulatory Affairs, at 202-912-7437. Persons who use 
a telecommunications device for the deaf (TDD) may call the Federal 
Relay Service at 1-800-877-8339, to contact these individuals. You will 
receive a reply during normal business hours.

SUPPLEMENTARY INFORMATION: The BLM published the Resource Management 
Planning Rule (Planning 2.0 Rule) on December 12, 2016 (81 FR 89580). 
The rule became effective on January 11, 2017. On February 7, 2017, the 
United States House of Representatives passed a resolution of 
disapproval (H.J. Res. 44) of the Planning 2.0 Rule under the CRA, 5 
U.S.C. 801 et seq. The Senate then passed a resolution of disapproval 
(S.J. Res. 15) on March 7, 2017 (Cong. Rec. p. S1686-S1687). President 
Trump then signed the resolution into law as Public Law Number 115-12 
on March 27, 2017. Therefore, under the terms of the CRA, the BLM 
Planning 2.0 Rule shall be ``treated as though such rule had never 
taken effect.'' 5 U.S.C. 801(f).
    However, because the CRA does not include direction regarding the 
removal, by the Office of the Federal Register or otherwise, of the 
voided language from the Code of Federal Regulations (CFR) the BLM must 
publish this document to effect the removal of the voided text. This 
document will enable the Office of the Federal Register to effectuate 
congressional intent to remove the voided text of the Planning 2.0 Rule 
as if it had never taken effect, and restore the previous language and 
prior state of the CFR.
    This action is not an exercise of the Department's rulemaking 
authority under the Administrative Procedure

[[Page 60555]]

Act, because the Department is not ``formulating, amending, or 
repealing a rule'' under 5 U.S.C. 551(5). Rather, the Department is 
effectuating changes to the CFR to reflect what congressional action 
has already accomplished--namely, the nullification of any changes 
purported to have been made to the CFR by the Planning 2.0 Rule and the 
reversion to the regulatory text in effect immediately prior to January 
11, 2017, the effective date of the Planning 2.0 Rule. Accordingly, the 
Department is not soliciting comments on this action. Moreover, this 
action is not a final agency action subject to judicial review.

List of Subjects in 43 CFR Part 1600

    Administrative practice and procedure, Coal, Environmental impact 
statements, Environmental protection, Intergovernmental relations, 
Public lands, State and local governments.

43 CFR Chapter II

0
For the reasons set out in the preamble, and under the authority of the 
Congressional Review Act (5 U.S.C. 801 et seq.) and Public Law 115-12 
(March 27, 2017), the Bureau of Land Management amends 43 CFR chapter 
II by revising part 1600 to read as follows:

PART 1600--PLANNING, PROGRAMMING, BUDGETING

Subpart 1601--Planning
Sec.
1601.0-1 Purpose.
1601.0-2 Objective.
1601.0-3 Authority.
1601.0-4 Responsibilities.
1601.0-5 Definitions.
1601.0-6 Environmental impact statement policy.
1601.0-7 Scope.
1601.0-8 Principles.
Subpart 1610--Resource Management Planning
1610.01 Resource management planning guidance.
1610.2 Public participation.
1610.3 Coordination with other Federal agencies, State and local 
governments, and Indian tribes.
1610.3-1 Coordination of planning efforts.
1610.3-2 Consistency requirements.
1610.4 Resource management planning process.
1610.4-1 Identification of issues.
1610.4-2 Development of planning criteria.
1610.4-3 Inventory data and information collection.
1610.4-4 Analysis of the management situation.
1610.4-5 Formulation of alternatives.
1610.4-6 Estimation of effects of alternatives.
1610.4-7 Selection of preferred alternatives.
1610.4-8 Selection of resource management plan.
1610.4-9 Monitoring and evaluation.
1610.5 Resource management plan approval, use and modification.
1610.5-1 Resource management plan approval and administrative 
review.
1610.5-2 Protest procedures.
1610.5-3 Conformity and implementation.
1610.5-4 Maintenance.
1610.5-5 Amendment.
1610.5-6 Revision.
1610.5-7 Situations where action can be taken based on another 
agency's plan, or a land use analysis.
1610.6 Management decision review by Congress.
1610.7 Designation of areas.
1610.7-1 Designation of areas unsuitable for surface mining.
1610.7-2 Designation of areas of critical environmental concern.
1610.8 Transition period.

    Authority: 43 U.S.C. 1711-1712.

Subpart 1601--Planning


Sec.  1601.0-1  Purpose.

    The purpose of this subpart is to establish in regulations a 
process for the development, approval, maintenance, amendment and 
revision of resource management plans, and the use of existing plans 
for public lands administered by the Bureau of Land Management.


Sec.  1601.0-2  Objective.

    The objective of resource management planning by the Bureau of Land 
Management is to maximize resource values for the public through a 
rational, consistently applied set of regulations and procedures which 
promote the concept of multiple use management and ensure participation 
by the public, state and local governments, Indian tribes and 
appropriate Federal agencies. Resource management plans are designed to 
guide and control future management actions and the development of 
subsequent, more detailed and limited scope plans for resources and 
uses.


Sec.  1601.0-3  Authority.

    These regulations are issued under the authority of sections 201 
and 202 of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1711-1712); the Public Rangelands Improvement Act of 1978 (43 
U.S.C. 1901); section 3 of the Federal Coal Leasing Amendments Act of 
1976 (30 U.S.C. 201(a)); sections 522, 601, and 714 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); 
and the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).


Sec.  1601.0-4  Responsibilities.

    (a) National level policy and procedure guidance for planning shall 
be provided by the Secretary and the Director.
    (b) State Directors will provide quality control and supervisory 
review, including plan approval, for plans and related environmental 
impact statements and provide additional guidance, as necessary, for 
use by Field Managers. State Directors will file draft and final 
environmental impact statements associated with resource management 
plans and amendments.
    (c) Field Managers will prepare resource management plans, 
amendments, revisions and related environmental impact statements. 
State Directors must approve these documents.


Sec.  1601.0-5  Definitions.

    As used in this part, the term:
    (a) Areas of Critical Environmental Concern or ACEC means areas 
within the public lands where special management attention is required 
(when such areas are developed or used or where no development is 
required) to protect and prevent irreparable damage to important 
historic, cultural, or scenic values, fish and wildlife resources, or 
other natural systems or processes, or to protect life and safety from 
natural hazards. The identification of a potential ACEC shall not, of 
itself, change or prevent change of the management or use of public 
lands.
    (b) Conformity or conformance means that a resource management 
action shall be specifically provided for in the plan, or if not 
specifically mentioned, shall be clearly consistent with the terms, 
conditions, and decisions of the approved plan or plan amendment.
    (c) Consistent means that the Bureau of Land Management plans will 
adhere to the terms, conditions, and decisions of officially approved 
and adopted resource related plans, or in their absence, with policies 
and programs, subject to the qualifications in Sec.  1615.2 of this 
title.
    (d) Eligible cooperating agency means:
    (1) A Federal agency other than a lead agency that is qualified to 
participate in the development of environmental impact statements as 
provided in 40 CFR 1501.6 and 1508.5 or, as necessary, other 
environmental documents that BLM prepares, by virtue of its 
jurisdiction by law as defined in 40 CFR 1508.15, or special expertise 
as defined in 40 CFR 1508.26; or
    (2) A federally recognized Indian tribe, a state agency, or a local 
government agency with similar qualifications.
    (e) Cooperating agency means an eligible governmental entity that 
has entered into a written agreement with

[[Page 60556]]

the BLM establishing cooperating agency status in the planning and NEPA 
processes. BLM and the cooperating agency will work together under the 
terms of the agreement. Cooperating agencies will participate in the 
various steps of BLM's planning process as feasible, given the 
constraints of their resources and expertise.
    (f) Field Manager means a BLM employee with the title ``Field 
Manager'' or ``District Manager.''
    (g) Guidance means any type of written communication or instruction 
that transmits objectives, goals, constraints, or any other direction 
that helps the Field Managers and staff know how to prepare a specific 
resource management plan.
    (h) Local government means any political subdivision of the State 
and any general purpose unit of local government with resource 
planning, resource management, zoning, or land use regulation 
authority.
    (i) Multiple use means the management of the public lands and their 
various resource values so that they are utilized in the combination 
that will best meet the present and future needs of the American 
people; making the most judicious use of the lands for some or all of 
these resources or related services over areas large enough to provide 
sufficient latitude for periodic adjustments in use to conform to 
changing needs and conditions; the use of some lands for less than all 
of the resources; a combination of balanced and diverse resource uses 
that takes into account the long term needs of future generations for 
renewable and non-renewable resources, including, but not limited to, 
recreation, range, timber, minerals, watershed, wildlife and fish, and 
natural scenic, scientific and historical values; and harmonious and 
coordinated management of the various resources without permanent 
impairment of the productivity of the lands and the quality of the 
environment with consideration being given to the relative values of 
the resources and not necessarily to the combination of uses that will 
give the greatest economic return or the greatest unit output.
    (j) Officially approved and adopted resource related plans means 
plans, policies, programs and processes prepared and approved pursuant 
to and in accordance with authorization provided by Federal, State or 
local constitutions, legislation, or charters which have the force and 
effect of State law.
    (k) Public means affected or interested individuals, including 
consumer organizations, public land resource users, corporations and 
other business entities, environmental organizations and other special 
interest groups and officials of State, local, and Indian tribal 
governments.
    (l) Public lands means any lands or interest in lands owned by the 
United States and administered by the Secretary of the Interior through 
the Bureau of Land Management, except lands located on the Outer 
Continental Shelf and lands held for the benefit of Indians, Aleuts and 
Eskimos.
    (m) Resource area or field office means a geographic portion of a 
Bureau of Land Management district. It is the administrative 
subdivision whose manager has primary responsibility for day-to-day 
resource management activities and resource use allocations and is, in 
most instances, the area for which resource management plans are 
prepared and maintained.
    (n) Resource management plan means a land use plan as described by 
the Federal Land Policy and Management Act. The resource management 
plan generally establishes in a written document:
    (1) Land areas for limited, restricted or exclusive use; 
designation, including ACEC designation; and transfer from Bureau of 
Land Management Administration;
    (2) Allowable resource uses (either singly or in combination) and 
related levels of production or use to be maintained;
    (3) Resource condition goals and objectives to be attained;
    (4) Program constraints and general management practices needed to 
achieve the above items;
    (5) Need for an area to be covered by more detailed and specific 
plans;
    (6) Support action, including such measures as resource protection, 
access development, realty action, cadastral survey, etc., as necessary 
to achieve the above;
    (7) General implementation sequences, where carrying out a planned 
action is dependent upon prior accomplishment of another planned 
action; and
    (8) Intervals and standards for monitoring and evaluating the plan 
to determine the effectiveness of the plan and the need for amendment 
or revision.
    It is not a final implementation decision on actions which require 
further specific plans, process steps, or decisions under specific 
provisions of law and regulations.


Sec.  1601.0-6  Environmental impact statement policy.

    Approval of a resource management plan is considered a major 
Federal action significantly affecting the quality of the human 
environment. The environmental analysis of alternatives and the 
proposed plan shall be accomplished as part of the resource management 
planning process and, wherever possible, the proposed plan and related 
environmental impact statement shall be published in a single document.


Sec.  1601.0-7  Scope.

    (a) These regulations apply to all public lands.
    (b) These regulations also govern the preparation of resource 
management plans when the only public land interest is the mineral 
estate.


Sec.  1601.0-8  Principles.

    The development, approval, maintenance, amendment and revision of 
resource management plans will provide for public involvement and shall 
be consistent with the principles described in section 202 of the 
Federal Land Policy and Management Act of 1976. Additionally, the 
impact on local economies and uses of adjacent or nearby non-Federal 
lands and on non-public land surface over federally-owned mineral 
interests shall be considered.

Subpart 1610--Resource Management Planning


Sec.  1610.1  Resource management planning guidance.

    (a) Guidance for preparation and amendment of resource management 
plans may be provided by the Director and State Director, as needed, to 
help the Field Manager and staff prepare a specific plan. Such guidance 
may include the following:
    (1) National level policy which has been established through 
legislation, regulations, executive orders or other Presidential, 
Secretarial or Director approved documents. This policy may include 
appropriately developed resource management commitments, such as a 
right-of-way corridor crossing several resource or field office areas, 
which are not required to be reexamined as part of the planning 
process.
    (2) Analysis requirements, planning procedures and other written 
information and instructions required to be considered in the planning 
process.
    (3) Guidance developed at the State Director level, with necessary 
and appropriate governmental coordination as prescribed by Sec.  1610.3 
of this title. Such guidance shall be reconsidered by the State 
Director at any time during the planning process that the State 
Director level guidance is found, through public involvement or other 
means, to be

[[Page 60557]]

inappropriate when applied to a specific area being planned.
    (b) A resource management plan shall be prepared and maintained on 
a resource or field office area basis, unless the State Director 
authorizes a more appropriate area.
    (c) An interdisciplinary approach shall be used in the preparation, 
amendment and revision of resource management plans as provided in 40 
CFR 1502.6. The disciplines of the preparers shall be appropriate to 
the values involved and the issues identified during the issue 
identification and environmental impact statement scoping stage of the 
planning process. The Field Manager may use any necessary combination 
of Bureau of Land Management staff, consultants, contractors, other 
governmental personnel, and advisors to achieve an interdisciplinary 
approach.


Sec.  1610.2  Public participation.

    (a) The public shall be provided opportunities to meaningfully 
participate in and comment on the preparation of plans, amendments and 
related guidance and be given early notice of planning activities. 
Public involvement in the resource management planning process shall 
conform to the requirements of the National Environmental Policy Act 
and associated implementing regulations.
    (b) The Director shall, early in each fiscal year, publish a 
planning schedule advising the public of the status of each plan in 
process of preparation or to be started during that fiscal year, the 
major action on each plan during that fiscal year and projected new 
planning starts for the 3 succeeding fiscal years. The notice shall 
call for public comments on projected new planning starts so that such 
comments can be considered in refining priorities for those years.
    (c) When BLM starts to prepare, amend, or revise resource 
management plans, we will begin the process by publishing a notice in 
the Federal Register and appropriate local media, including newspapers 
of general circulation in the state and field office area. The Field 
Manager may also decide if it is appropriate to publish a notice in 
media in adjoining States. This notice may also constitute the scoping 
notice required by regulation for the National Environmental Policy Act 
(40 CFR 1501.7). This notice shall include the following:
    (1) Description of the proposed planning action;
    (2) Identification of the geographic area for which the plan is to 
be prepared;
    (3) The general types of issues anticipated;
    (4) The disciplines to be represented and used to prepare the plan;
    (5) The kind and extent of public participation opportunities to be 
provided;
    (6) The times, dates and locations scheduled or anticipated for any 
public meetings, hearings, conferences or other gatherings, as known at 
the time;
    (7) The name, title, address and telephone number of the Bureau of 
Land Management official who may be contacted for further information; 
and
    (8) The location and availability of documents relevant to the 
planning process.
    (d) A list of individuals and groups known to be interested in or 
affected by a resource management plan shall be maintained by the Field 
Manager and those on the list shall be notified of public participation 
activities. Individuals or groups may ask to be placed on this list. 
Public participation activities conducted by the Bureau of Land 
Management shall be documented by a record or summary of the principal 
issues discussed and comments made.
    The documentation together with a list of attendees shall be 
available to the public and open for 30 days to any participant who 
wishes to clarify the views he/she expressed.
    (e) At least 15 days' public notice shall be given for public 
participation activities where the public is invited to attend. Any 
notice requesting written comments shall provide for at least 30 
calendar days for response. Ninety days shall be provided for review of 
the draft plan and draft environmental impact statement. The 90-day 
period shall begin when the Environmental Protection Agency publishes a 
notice of the filing of the draft environmental impact statement in the 
Federal Register.
    (f) Public notice and opportunity for participation in resource 
management plan preparation shall be appropriate to the areas and 
people involved and shall be provided at the following specific points 
in the planning process:
    (1) General notice at the outset of the process inviting 
participation in the identification of issues (See Sec. Sec.  1610.2(c) 
and 1610.4-1);
    (2) Review of the proposed planning criteria (Sec. Sec.  1610.4-2);
    (3) Publication of the draft resource management plan and draft 
environmental impact statement (See Sec.  1610.4-7);
    (4) Publication of the proposed resource management plan and final 
environmental impact statement which triggers the opportunity for 
protest (See Sec. Sec.  1610.4-8 and 1610.5-1(b)); and
    (5) Public notice and comment on any significant change made to the 
plan as a result of action on a protest (See Sec.  1610.5-1(b)).
    (g) BLM will make copies of an approved resource management plan 
and amendments reasonably available for public review. Upon request, we 
will make single copies available to the public during the public 
participation process. After BLM approves a plan, amendment, or 
revision we may charge a fee for additional copies. We will also have 
copies available for public review at the:
    (1) State Office that has jurisdiction over the lands,
    (2) Field Office that prepared the plan; and
    (3) District Office, if any, having jurisdiction over the Field 
Office that prepared the plan.
    (h) Supporting documents to a resource management plan shall be 
available for public review at the office where the plan was prepared.
    (i) Fees for reproducing requested documents beyond those used as 
part of the public participation activities and other than single 
copies of the printed plan amendment or revision may be charged 
according to the Department of the Interior schedule for Freedom of 
Information Act requests in 43 CFR part 2.
    (j) When resource management plans involve areas of potential 
mining for coal by means other than underground mining, and the surface 
is privately owned, the Bureau of Land Management shall consult with 
all surface owners who meet the criteria in Sec.  3400.0-5 of this 
title. Contact shall be made in accordance with subpart 3427 of this 
title and shall provide time to fully consider surface owner views. 
This contact may be made by mail or in person by the Field Manager or 
his/her appropriate representative. A period of at least 30 days from 
the time of contact shall be provided for surface owners to convey 
their preference to the Field Manager.
    (k) If the plan involves potential for coal leasing, a public 
hearing shall be provided prior to the approval of the plan, if 
requested by any person having an interest which is, or may be, 
adversely affected by implementation of such plan. The hearing shall be 
conducted as prescribed in Sec.  3420.1-5 of this title and may be 
combined with a regularly scheduled public meeting. The authorized 
officer conducting the hearing shall:
    (1) Publish a notice of the hearing in a newspaper of general 
circulation in

[[Page 60558]]

the affected geographical area at least once a week for 2 consecutive 
weeks;
    (2) Provide an opportunity for testimony by anyone who so desires; 
and
    (3) Prepare a record of the proceedings of the hearing.


Sec.  1610.3  Coordination with other Federal agencies, State and local 
governments, and Indian tribes.


Sec.  1610.3-1  Coordination of planning efforts.

    (a) In addition to the public involvement prescribed by Sec.  
1610.2, the following coordination is to be accomplished with other 
Federal agencies, state and local governments, and federally recognized 
Indian tribes. The objectives of the coordination are for the State 
Directors and Field Managers to:
    (1) Keep apprised of non-Bureau of Land Management plans;
    (2) Assure that BLM considers those plans that are germane in the 
development of resource management plans for public lands;
    (3) Assist in resolving, to the extent practicable, inconsistencies 
between Federal and non-Federal government plans;
    (4) Provide for meaningful public involvement of other Federal 
agencies, State and local government officials, both elected and 
appointed, and federally recognized Indian tribes, in the development 
of resource management plans, including early public notice of final 
decisions that may have a significant impact on non-Federal lands; and
    (5) Where possible and appropriate, develop resource management 
plans collaboratively with cooperating agencies.
    (b) When developing or revising resource management plans, BLM 
State Directors and Field Managers will invite eligible Federal 
agencies, state and local governments, and federally recognized Indian 
tribes to participate as cooperating agencies. The same requirement 
applies when BLM amends resource management plans through an 
environmental impact statement. State Directors and Field Managers will 
consider any requests of other Federal agencies, state and local 
governments, and federally recognized Indian tribes for cooperating 
agency status. Field Managers who deny such requests will inform the 
State Director of the denial. The State Director will determine if the 
denial is appropriate.
    (c) State Directors and Field Managers shall provide other Federal 
agencies, State and local governments, and Indian tribes opportunity 
for review, advice, and suggestion on issues and topics which may 
affect or influence other agency or other government programs. To 
facilitate coordination with State governments, State Directors should 
seek the policy advice of the Governor(s) on the timing, scope and 
coordination of plan components; definition of planning areas; 
scheduling of public involvement activities; and the multiple use 
opportunities and constraints on public lands. State Directors may seek 
written agreements with Governors or their designated representatives 
on processes and procedural topics such as exchanging information, 
providing advice and participation, and timeframes for receiving State 
government participation and review in a timely fashion. If an 
agreement is not reached, the State Director shall provide opportunity 
for Governor and State agency review, advice and suggestions on issues 
and topics that the State Director has reason to believe could affect 
or influence State government programs.
    (d) In developing guidance to Field Manager, in compliance with 
section 1611 of this title, the State Director shall:
    (1) Ensure that it is as consistent as possible with existing 
officially adopted and approved resource related plans, policies or 
programs of other Federal agencies, State agencies, Indian tribes and 
local governments that may be affected, as prescribed by Sec.  1610.3-2 
of this title;
    (2) Identify areas where the proposed guidance is inconsistent with 
such policies, plans or programs and provide reasons why the 
inconsistencies exist and cannot be remedied; and
    (3) Notify the other Federal agencies, State agencies, Indian 
tribes or local governments with whom consistency is not achieved and 
indicate any appropriate methods, procedures, actions and/or programs 
which the State Director believes may lead to resolution of such 
inconsistencies.
    (e) A notice of intent to prepare, amend, or revise a resource 
management plan shall be submitted, consistent with State procedures 
for coordination of Federal activities, for circulation among State 
agencies. This notice shall also be submitted to Federal agencies, the 
heads of county boards, other local government units and Tribal 
Chairmen or Alaska Native Leaders that have requested such notices or 
that the responsible line manager has reason to believe would be 
concerned with the plan or amendment. These notices shall be issued 
simultaneously with the public notices required under Sec.  1610.2(b) 
of this title.
    (f) Federal agencies, State and local governments and Indian tribes 
shall have the time period prescribed under Sec.  1610.2 of this title 
for review and comment on resource management plan proposals. Should 
they notify the Field Manager, in writing, of what they believe to be 
specific inconsistencies between the Bureau of Land Management resource 
management plan and their officially approved and adopted resources 
related plans, the resource management plan documentation shall show 
how those inconsistencies were addressed and, if possible, resolved.
    (g) When an advisory council has been formed under section 309 of 
the Federal Land Policy and Management Act of 1976 for the area 
addressed in a resource management plan or plan amendment, BLM will 
inform that council, seek its views, and consider them throughout the 
planning process.


Sec.  1610.3-2  Consistency requirements.

    (a) Guidance and resource management plans and amendments to 
management framework plans shall be consistent with officially approved 
or adopted resource related plans, and the policies and programs 
contained therein, of other Federal agencies, State and local 
governments and Indian tribes, so long as the guidance and resource 
management plans are also consistent with the purposes, policies and 
programs of Federal laws and regulations applicable to public lands, 
including Federal and State pollution control laws as implemented by 
applicable Federal and State air, water, noise, and other pollution 
standards or implementation plans.
    (b) In the absence of officially approved or adopted resource-
related plans of other Federal agencies, State and local governments 
and Indian tribes, guidance and resource management plans shall, to the 
maximum extent practical, be consistent with officially approved and 
adopted resource related policies and programs of other Federal 
agencies, State and local governments and Indian tribes. Such 
consistency will be accomplished so long as the guidance and resource 
management plans are consistent with the policies, programs and 
provisions of Federal laws and regulations applicable to public lands, 
including, but not limited to, Federal and State pollution control laws 
as implemented by applicable Federal and State air, water, noise and 
other pollution standards or implementation plans.

[[Page 60559]]

    (c) State Directors and Field Managers shall, to the extent 
practicable, keep apprised of State and local governmental and Indian 
tribal policies, plans, and programs, but they shall not be accountable 
for ensuring consistency if they have not been notified, in writing, by 
State and local governments or Indian tribes of an apparent 
inconsistency.
    (d) Where State and local government policies, plans, and programs 
differ, those of the higher authority will normally be followed.
    (e) Prior to the approval of a proposed resource management plan, 
or amendment to a management framework plan or resource management 
plan, the State Director shall submit to the Governor of the State(s) 
involved, the proposed plan or amendment and shall identify any known 
inconsistencies with State or local plans, policies or programs. The 
Governor(s) shall have 60 days in which to identify inconsistencies and 
provide recommendations in writing to the State Director. If the 
Governor(s) does not respond within the 60-day period, the plan or 
amendment shall be presumed to be consistent. If the written 
recommendation(s) of the Governor(s) recommend changes in the proposed 
plan or amendment which were not raised during the public participation 
process on that plan or amendment, the State Director shall provide the 
public with an opportunity to comment on the recommendation(s). If the 
State Director does not accept the recommendations of the Governor(s), 
the State Director shall notify the Governor(s) and the Governor(s) 
shall have 30 days in which to submit a written appeal to the Director 
of the Bureau of Land Management. The Director shall accept the 
recommendations of the Governor(s) if he/she determines that they 
provide for a reasonable balance between the national interest and the 
State's interest. The Director shall communicate to the Governor(s) in 
writing and publish in the Federal Register the reasons for his/her 
determination to accept or reject such Governor's recommendations.


Sec.  1610.4  Resource management planning process.


Sec.  1610.4-1  Identification of issues.

    At the outset of the planning process, the public, other Federal 
agencies, State and local governments and Indian tribes shall be given 
an opportunity to suggest concerns, needs, and resource use, 
development and protection opportunities for consideration in the 
preparation of the resource management plan. The Field Manager, in 
collaboration with any cooperating agencies, will analyze those 
suggestions and other available data, such as records of resource 
conditions, trends, needs, and problems, and select topics and 
determine the issues to be addressed during the planning process. 
Issues may be modified during the planning process to incorporate new 
information. The identification of issues shall also comply with the 
scoping process required by regulations implementing the National 
Environmental Policy Act (40 CFR 1501.7).


Sec.  1610.4-2  Development of planning criteria.

    (a) The Field Manager will prepare criteria to guide development of 
the resource management plan or revision, to ensure:
    (1) It is tailored to the issues previously identified; and
    (2) That BLM avoids unnecessary data collection and analyses.
    (b) Planning criteria will generally be based upon applicable law, 
Director and State Director guidance, the results of public 
participation, and coordination with any cooperating agencies and other 
Federal agencies, State and local governments, and federally recognized 
Indian tribes.
    (c) BLM will make proposed planning criteria, including any 
significant changes, available for public comment prior to being 
approved by the Field Manager for use in the planning process.
    (d) BLM may change planning criteria as planning proceeds if we 
determine that public suggestions or study and assessment findings make 
such changes desirable.


Sec.  1610.4-3  Inventory data and information collection.

    The Field Manager, in collaboration with any cooperating agencies, 
will arrange for resource, environmental, social, economic and 
institutional data and information to be collected, or assembled if 
already available. New information and inventory data collection will 
emphasize significant issues and decisions with the greatest potential 
impact. Inventory data and information shall be collected in a manner 
that aids application in the planning process, including subsequent 
monitoring requirements.


Sec.  1610.4-4  Analysis of the management situation.

    The Field Manager, in collaboration with any cooperating agencies, 
will analyze the inventory data and other information available to 
determine the ability of the resource area to respond to identified 
issues and opportunities. The analysis of the management situation 
shall provide, consistent with multiple use principles, the basis for 
formulating reasonable alternatives, including the types of resources 
for development or protection. Factors to be considered may include, 
but are not limited to:
    (a) The types of resource use and protection authorized by the 
Federal Land Policy and Management Act and other relevant legislation;
    (b) Opportunities to meet goals and objectives defined in national 
and State Director guidance;
    (c) Resource demand forecasts and analyses relevant to the resource 
area;
    (d) The estimated sustained levels of the various goods, services 
and uses that may be attained under existing biological and physical 
conditions and under differing management practices and degrees of 
management intensity which are economically viable under benefit cost 
or cost effectiveness standards prescribed in national or State 
Director guidance;
    (e) Specific requirements and constraints to achieve consistency 
with policies, plans and programs of other Federal agencies, State and 
local government agencies and Indian tribes;
    (f) Opportunities to resolve public issues and management concerns;
    (g) Degree of local dependence on resources from public lands;
    (h) The extent of coal lands which may be further considered under 
provisions of Sec.  3420.2-3(a) of this title; and
    (i) Critical threshold levels which should be considered in the 
formulation of planned alternatives.


Sec.  1610.4-5  Formulation of alternatives.

    At the direction of the Field Manager, in collaboration with any 
cooperating agencies, BLM will consider all reasonable resource 
management alternatives and develop several complete alternatives for 
detailed study. Nonetheless, the decision to designate alternatives for 
further development and analysis remains the exclusive responsibility 
of the BLM. The alternatives developed shall reflect the variety of 
issues and guidance applicable to the resource uses. In order to limit 
the total number of alternatives analyzed in detail to a manageable 
number for presentation and analysis, all reasonable variations shall 
be treated as sub-alternatives. One alternative shall be for no action, 
which means continuation of present level or systems of resource use. 
The plan shall note any alternatives identified and eliminated from 
detailed study and shall briefly discuss the reasons for their 
elimination.

[[Page 60560]]

Sec.  1610.4-6  Estimation of effects of alternatives.

    The Field Manager, in collaboration with any cooperating agencies, 
will estimate and display the physical, biological, economic, and 
social effects of implementing each alternative considered in detail. 
The estimation of effects shall be guided by the planning criteria and 
procedures implementing the National Environmental Policy Act. The 
estimate may be stated in terms of probable ranges where effects cannot 
be precisely determined.


Sec.  1610.4-7  Selection of preferred alternatives.

    The Field Manager, in collaboration with any cooperating agencies, 
will evaluate the alternatives, estimate their effects according to the 
planning criteria, and identify a preferred alternative that best meets 
Director and State Director guidance. Nonetheless, the decision to 
select a preferred alternative remains the exclusive responsibility of 
the BLM. The resulting draft resource management plan and draft 
environmental impact statement shall be forwarded to the State Director 
for approval, publication, and filing with the Environmental Protection 
Agency. This draft plan and environmental impact statement shall be 
provided for comment to the Governor of the State involved, and to 
officials of other Federal agencies, State and local governments and 
Indian tribes that the State Director has reason to believe would be 
concerned. This action shall constitute compliance with the 
requirements of Sec.  3420.1-7 of this title.


Sec.  1610.4-8  Selection of resource management plan.

    After publication of the draft resource management plan and draft 
environmental impact statement, the Field Manager shall evaluate the 
comments received and select and recommend to the State Director, for 
supervisory review and publication, a proposed resource management plan 
and final environmental impact statement. After supervisory review of 
the proposed resource management plan, the State Director shall publish 
the plan and file the related environmental impact statement.


Sec.  1610.4-9  Monitoring and evaluation.

    The proposed plan shall establish intervals and standards, as 
appropriate, for monitoring and evaluation of the plan. Such intervals 
and standards shall be based on the sensitivity of the resource to the 
decisions involved and shall provide for evaluation to determine 
whether mitigation measures are satisfactory, whether there has been 
significant change in the related plans of other Federal agencies, 
State or local governments, or Indian tribes, or whether there is new 
data of significance to the plan. The Field Manager shall be 
responsible for monitoring and evaluating the plan in accordance with 
the established intervals and standards and at other times as 
appropriate to determine whether there is sufficient cause to warrant 
amendment or revision of the plan.


Sec.  1610.5  Resource management plan approval, use and modification.


Sec.  1610.5-1  Resource management plan approval and administrative 
review.

    (a) The proposed resource management plan or revision shall be 
submitted by the Field Manager to the State Director for supervisory 
review and approval. When the review is completed the State Director 
shall either publish the proposed plan and file the related 
environmental impact statement or return the plan to the Field Manager 
with a written statement of the problems to be resolved before the 
proposed plan can be published.
    (b) No earlier than 30 days after the Environmental Protection 
Agency publishes a notice of the filing of the final environmental 
impact statement in the Federal Register, and pending final action on 
any protest that may be filed, the State Director shall approve the 
plan. Approval shall be withheld on any portion of a plan or amendment 
being protested until final action has been completed on such protest. 
Before such approval is given, there shall be public notice and 
opportunity for public comment on any significant change made to the 
proposed plan. The approval shall be documented in a concise public 
record of the decision, meeting the requirements of regulations for the 
National Environmental Policy Act of 1969 (40 CFR 1505.2).


Sec.  1610.5-2  Protest procedures.

    (a) Any person who participated in the planning process and has an 
interest which is or may be adversely affected by the approval or 
amendment of a resource management plan may protest such approval or 
amendment. A protest may raise only those issues which were submitted 
for the record during the planning process.
    (1) The protest shall be in writing and shall be filed with the 
Director. The protest shall be filed within 30 days of the date the 
Environmental Protection Agency published the notice of receipt of the 
final environmental impact statement containing the plan or amendment 
in the Federal Register. For an amendment not requiring the preparation 
of an environmental impact statement, the protest shall be filed within 
30 days of the publication of the notice of its effective date.
    (2) The protest shall contain:
    (i) The name, mailing address, telephone number and interest of the 
person filing the protest;
    (ii) A statement of the issue or issues being protested;
    (iii) A statement of the part or parts of the plan or amendment 
being protested;
    (iv) A copy of all documents addressing the issue or issues that 
were submitted during the planning process by the protesting party or 
an indication of the date the issue or issues were discussed for the 
record; and
    (v) A concise statement explaining why the State Director's 
decision is believed to be wrong.
    (3) The Director shall promptly render a decision on the protest. 
The decision shall be in writing and shall set forth the reasons for 
the decision. The decision shall be sent to the protesting party by 
certified mail, return receipt requested.
    (b) The decision of the Director shall be the final decision of the 
Department of the Interior.


Sec.  1610.5-3  Conformity and implementation.

    (a) All future resource management authorizations and actions, as 
well as budget or other action proposals to higher levels in the Bureau 
of Land Management and Department, and subsequent more detailed or 
specific planning, shall conform to the approved plan.
    (b) After a plan is approved or amended, and if otherwise 
authorized by law, regulation, contract, permit, cooperative agreement 
or other instrument of occupancy and use, the Field Manager shall take 
appropriate measures, subject to valid existing rights, to make 
operations and activities under existing permits, contracts, 
cooperative agreements or other instruments for occupancy and use, 
conform to the approved plan or amendment within a reasonable period of 
time. Any person adversely affected by a specific action being proposed 
to implement some portion of a resource management plan or amendment 
may appeal such action pursuant to 43 CFR 4.400 at the time the action 
is proposed for implementation.
    (c) If a proposed action is not in conformance, and warrants 
further consideration before a plan revision is scheduled, such 
consideration shall be through a plan amendment in

[[Page 60561]]

accordance with the provisions of Sec.  1610.5-5 of this title.
    (d) More detailed and site specific plans for coal, oil shale and 
tar sand resources shall be prepared in accordance with specific 
regulations for those resources: Group 3400 of this title for coal; 
Group 3900 of this title for oil shale; and part 3140 of this title for 
tar sand. These activity plans shall be in conformance with land use 
plans prepared and approved under the provisions of this part.


Sec.  1610.5-4   Maintenance.

    Resource management plans and supporting components shall be 
maintained as necessary to reflect minor changes in data. Such 
maintenance is limited to further refining or documenting a previously 
approved decision incorporated in the plan. Maintenance shall not 
result in expansion in the scope of resource uses or restrictions, or 
change the terms, conditions, and decisions of the approved plan. 
Maintenance is not considered a plan amendment and shall not require 
the formal public involvement and interagency coordination process 
described under Sec. Sec.  1610.2 and 1610.3 of this title or the 
preparation of an environmental assessment or environmental impact 
statement. Maintenance shall be documented in plans and supporting 
records.


Sec.  1610.5-5   Amendment.

    A resource management plan may be changed through amendment. An 
amendment shall be initiated by the need to consider monitoring and 
evaluation findings, new data, new or revised policy, a change in 
circumstances or a proposed action that may result in a change in the 
scope of resource uses or a change in the terms, conditions and 
decisions of the approved plan. An amendment shall be made through an 
environmental assessment of the proposed change, or an environmental 
impact statement, if necessary, public involvement as prescribed in 
Sec.  1610.2 of this title, interagency coordination and consistency 
determination as prescribed in Sec.  1610.3 of this title and any other 
data or analysis that may be appropriate. In all cases, the effect of 
the amendment on the plan shall be evaluated. If the amendment is being 
considered in response to a specific proposal, the analysis required 
for the proposal and for the amendment may occur simultaneously.
    (a) If the environmental assessment does not disclose significant 
impact, a finding of no significant impact may be made by the Field 
Manager. The Field Manager shall then make a recommendation on the 
amendment to the State Director for approval, and upon approval, the 
Field Manager shall issue a public notice of the action taken on the 
amendment. If the amendment is approved, it may be implemented 30 days 
after such notice.
    (b) If a decision is made to prepare an environmental impact 
statement, the amending process shall follow the same procedure 
required for the preparation and approval of the plan, but 
consideration shall be limited to that portion of the plan being 
considered for amendment. If several plans are being amended 
simultaneously, a single environmental impact statement may be prepared 
to cover all amendments.


Sec.  1610.5-6  Revision.

    A resource management plan shall be revised as necessary, based on 
monitoring and evaluation findings (Sec.  1610.4-9), new data, new or 
revised policy and changes in circumstances affecting the entire plan 
or major portions of the plan. Revisions shall comply with all of the 
requirements of these regulations for preparing and approving an 
original resource management plan.


Sec.  1610.5-7  Situations where action can be taken based on another 
agency's plan, or a land use analysis.

    These regulations authorize the preparation of a resource 
management plan for whatever public land interests exist in a given 
land area. There are situations of mixed ownership where the public 
land estate is under non-Federal surface, or administration of the land 
is shared by the Bureau of Land Management with another Federal agency. 
The Field Manager may use the plans or the land use analysis of other 
agencies when split or shared estate conditions exist in any of the 
following situations:
    (a) Another agency's plan (Federal, State, or local) may be used as 
a basis for an action only if it is comprehensive and has considered 
the public land interest involved in a way comparable to the manner in 
which it would have been considered in a resource management plan, 
including the opportunity for public participation.
    (b) After evaluation and review, the Bureau of Land Management may 
adopt another agency's plan for continued use as a resource management 
plan if an agreement is reached between the Bureau of Land Management 
and the other agency to provide for maintenance and amendment of the 
plan, as necessary, to comply with law and policy applicable to public 
lands.
    (c) A land use analysis may be used to consider a coal lease when 
there is no Federal ownership interest in the surface or when coal 
resources are insufficient to justify plan preparation costs. The land 
use analysis process, as authorized by the Federal Coal Leasing 
Amendments Act, consists of an environmental assessment or impact 
statement, public participation as required by Sec.  1610.2 of this 
title, the consultation and consistency determinations required by 
Sec.  1610.3 of this title, the protest procedure prescribed by Sec.  
1610.5-2 of this title and a decision on the coal lease proposal. A 
land use analysis meets the planning requirements of section 202 of the 
Federal Land Policy and Management Act. The decision to approve the 
land use analysis and to lease coal is made by the Departmental 
official who has been delegated the authority to issue coal leases.


Sec.  1610.6  Management decision review by Congress.

    The Federal Land Policy and Management Act requires that any Bureau 
of Land Management management decision or action pursuant to a 
management decision which totally eliminates one or more principal or 
major uses for 2 or more years with respect to a tract of 100,000 acres 
or more, shall be reported by the Secretary to Congress before it can 
be implemented. This report shall not be required prior to approval of 
a resource management plan which, if fully or partially implemented, 
would result in such an elimination. The required report shall be 
submitted as the first action step in implementing that portion of a 
resource management plan which would require elimination of such a use.


Sec.  1610.7  Designation of areas.


Sec.  1610.7-1  Designation of areas unsuitable for surface mining.

    (a)(1) The planning process is the chief process by which public 
land is reviewed to assess whether there are areas unsuitable for all 
or certain types of surface coal mining operations under section 522(b) 
of the Surface Mining Control and Reclamation Act. The unsuitability 
criteria to be applied during the planning process are found in Sec.  
3461.1 of this title.
    (2) When petitions to designate land unsuitable under section 
522(c) of the Surface Mining Control and Reclamation Act are referred 
to the Bureau of Land Management for comment, the resource management

[[Page 60562]]

plan, or plan amendment if available, shall be the basis for review.
    (3) After a resource management plan or plan amendment is approved 
in which lands are assessed as unsuitable, the Field Manager shall take 
all necessary steps to implement the results of the unsuitability 
review as it applies to all or certain types of coal mining.
    (b)(1) The resource management planning process is the chief 
process by which public lands are reviewed for designation as 
unsuitable for entry or leasing for mining operations for minerals and 
materials other than coal under section 601 of the Surface Mining 
Control and Reclamation Act.
    (2) When petitions to designate lands unsuitable under section 601 
of the Surface Mining Control and Reclamation Act are received by the 
Bureau of Land Management, the resource management plan, if available, 
shall be the basis for determinations for designation.
    (3) After a resource management plan or plan amendment in which 
lands are designated unsuitable is approved, the Field Manager shall 
take all necessary steps to implement the results of the unsuitability 
review as it applies to minerals or materials other than coal.


Sec.  1610.7-2  Designation of areas of critical environmental concern.

    Areas having potential for Areas of Critical Environmental Concern 
(ACEC) designation and protection management shall be identified and 
considered throughout the resource management planning process (see 
Sec. Sec.  1610.4-1 through 1610.4-9).
    (a) The inventory data shall be analyzed to determine whether there 
are areas containing resources, values, systems or processes or hazards 
eligible for further consideration for designation as an ACEC. In order 
to be a potential ACEC, both of the following criteria shall be met:
    (1) Relevance. There shall be present a significant historic, 
cultural, or scenic value; a fish or wildlife resource or other natural 
system or process; or natural hazard.
    (2) Importance. The above described value, resource, system, 
process, or hazard shall have substantial significance and values. This 
generally requires qualities of more than local significance and 
special worth, consequence, meaning, distinctiveness, or cause for 
concern. A natural hazard can be important if it is a significant 
threat to human life or property.
    (b) The State Director, upon approval of a draft resource 
management plan, plan revision, or plan amendment involving ACECs, 
shall publish a notice in the Federal Register listing each ACEC 
proposed and specifying the resource use limitations, if any, which 
would occur if it were formally designated. The notice shall provide a 
60-day period for public comment on the proposed ACEC designation. The 
approval of a resource management plan, plan revision, or plan 
amendment constitutes formal designation of any ACEC involved. The 
approved plan shall include the general management practices and uses, 
including mitigating measures, identified to protect designated ACEC.


Sec.  1610.8  Transition period.

    (a) Until superseded by resource management plans, management 
framework plans may be the basis for considering proposed actions as 
follows:
    (1) The management framework plan shall be in compliance with the 
principle of multiple use and sustained yield and shall have been 
developed with public participation and governmental coordination, but 
not necessarily precisely as prescribed in Sec. Sec.  1610.2 and 1610.3 
of this title.
    (2) No sooner than 30 days after the Environmental Protection 
Agency publishes a notice of the filing of a final court-ordered 
environmental impact statement--which is based on a management 
framework plan--proposed actions may be initiated without any further 
analysis or processes included in this subpart.
    (3) For proposed actions other than those described in paragraph 
(a)(2) of this section, determination shall be made by the Field 
Manager whether the proposed action is in conformance with the 
management framework plan. Such determination shall be in writing and 
shall explain the reasons for the determination.
    (i) If the proposed action is in conformance, it may be further 
considered for decision under procedures applicable to that type of 
action, including requirements of regulations for implementing the 
procedural provisions of the National Environmental Policy Act in 40 
CFR parts 1500-1508.
    (ii) If the proposed action is not in conformance with the 
management framework plan, and if the proposed action warrants further 
favorable consideration before a resource management plan is scheduled 
for preparation, such consideration shall be through a management 
framework plan amendment using the provisions of Sec.  1610.5-5 of this 
title.
    (b)(1) If an action is proposed where public lands are not covered 
by a management framework plan or a resource management plan, an 
environmental assessment and an environmental impact statement, if 
necessary, plus any other data and analysis necessary to make an 
informed decision, shall be used to assess the impacts of the proposal 
and to provide a basis for a decision on the proposal.
    (2) A land disposal action may be considered before a resource 
management plan is scheduled for preparation, through a planning 
analysis, using the process described in Sec.  1610.5-5 of this title 
for amending a plan.

Katharine S. MacGregor,
Deputy Assistant Secretary--Land and Minerals Management, Exercising 
the Authority of the Assistant Secretary--Lands and Minerals 
Management.
[FR Doc. 2017-27509 Filed 12-20-17; 8:45 am]
 BILLING CODE 4310-84-P