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Notes

43 C.F.R. §§ 2568.102–2568.106

5 sections in range

§2568.102. Is the process by which the managing agency decides whether my allotment is not inconsistent with the CSU the same as other such determination processes?

43 C.F.R. § 2568.102

No. This process is unique to this regulation. It should not be confused with any similar process under any other act, including the incompatibility process under the National Wildlife Refuge System Improvement Act of 1997.
Notes, amendments, and revision history

Source

Source: 65 FR 40961, June 30, 2000, unless otherwise noted.

Authority

Authority: 43 U.S.C. 1629g(e).

§2568.103. By what process does the managing agency of a CSU decide if my allotment would be consistent with the CSU?

43 C.F.R. § 2568.103

(a)
BLM conducts a field exam, with you or your representative, to check the boundaries of the land for which you are applying and to look for signs of use and occupancy. The CSU manager or a designated representative may also attend the field exam.
(b)
The CSU manager or representative assesses the resources to determine if the allotment would be consistent with CSU purposes at that location. You may submit any other information for the CSU manager to consider. You or your representative may also accompany the CSU representative on any field exam.
(c)
The CSU manager submits a written decision and resource assessment to BLM within 18 months of the BLM field exam. The CSU manager will send you a copy of the decision and a copy of the resource assessment.
Notes, amendments, and revision history

Source

Source: 65 FR 40961, June 30, 2000, unless otherwise noted.

Authority

Authority: 43 U.S.C. 1629g(e).

§2568.104. How will a CSU manager determine if my allotment is consistent with the CSU?

43 C.F.R. § 2568.104

The CSU manager will decide this on a case-by-case basis by considering the law or withdrawal order which created the CSU. The law or withdrawal order explains the purposes for which the CSU was created. The manager would also consider the mission of the CSU managing agency as established in law and policy. The manager will also consider how the cumulative impacts of the various activities that could take place on the allotment might affect the CSU.
Notes, amendments, and revision history

Source

Source: 65 FR 40961, June 30, 2000, unless otherwise noted.

Authority

Authority: 43 U.S.C. 1629g(e).

§2568.105. In what situations could a CSU manager likely find an allotment to be consistent with the CSU?

43 C.F.R. § 2568.105

An allotment could generally be consistent with the purposes of the CSU if:
(a)
The allotment for which you qualify is located near land that BLM has conveyed to a Native corporation under ANCSA, or,
(b)
A Native corporation has selected the land under ANCSA and has said it would relinquish such selection, as long as the remaining ANCSA selection comports with the appropriate selection rules in 43 CFR 2650. Any relinquishment must not cause the corporation to become underselected. See 43 U.S.C. 1621(j)(2) for a definition of underselection.
Notes, amendments, and revision history

Source

Source: 65 FR 40961, June 30, 2000, unless otherwise noted.

Authority

Authority: 43 U.S.C. 1629g(e).

§2568.106. In what situations could a CSU manager generally find an allotment to be inconsistent with the purposes of a CSU?

43 C.F.R. § 2568.106

An allotment could generally be inconsistent in situations including, but not limited to, the following:
(a)
If, by itself or as part of a group of allotments, it could significantly interfere with biological, physical, cultural, scenic, recreational, natural quiet or subsistence values of the CSU.
(b)
If, by itself or as part of a group of allotments, it obstructs access by the public or managing agency to the resource values of surrounding CSU lands.
(c)
If, by itself or as part of a group of allotments, it could trigger development or future uses in an area that would adversely affect resource values of surrounding CSU lands.
(d)
If it is isolated from existing private properties and opens an area of a CSU to new access and uses that adversely affect resource values of the surrounding CSU lands.
(e)
If it interferes with the implementation of the CSU management plan.
Notes, amendments, and revision history

Source

Source: 65 FR 40961, June 30, 2000, unless otherwise noted.

Authority

Authority: 43 U.S.C. 1629g(e).