---
kind: "section"
citation: "43 C.F.R. § 3191.1-3"
title: "43"
number: "3191.1-3"
heading: "Action upon petition."
url: "https://uscodex.org/cfr/43/3191.1-3"
---

# §3191.1-3. Action upon petition.


Upon request for a delegation of authority, the Director shall determine if:

- (a) The State has proposed an acceptable plan for carrying out the delegated activities and will provide adequate resources to achieve the purposes of [30 U.S.C. 1735](/usc/30/1735.md). This plan shall, at a minimum:
  - (1) Identify specific authorities and responsibilities for which the State is requesting a delegation of authority and whether it is applicable to Federal lands only or includes Indian lands;
  - (2) Provide evidence of written permission of the affected Indian tribe(s) or allottee(s) for such lands;
  - (3) Include specifics for carrying out the delegated activities;
  - (4) Indicate the inspector resources for carrying out the delegated activities and documentation of inspector qualifications;
  - (5) Describe the proposed record keeping for funding purposes;
  - (6) Detail the frequency and method of payment; and
  - (7) **Include copies of any non-Federal forms that are to be used.**
- (b) The State has demonstrated that it will effectively and faithfully administer the rules and regulations of the Department of the Interior in accordance with the provisions of [30 U.S.C. 1735](/usc/30/1735.md).
- (c) The delegation will be carried out in coordination with activities retained by the Bureau so that such delegation will not create an unreasonable burden on any lessee.

## Notes

### Authority

Authority: 30 U.S.C. 1735 and 1751.

### Source

Source: 52 FR 27182, July 17, 1987, unless otherwise noted.
