§3420.4-2. Consultation with surface management agencies.
43 C.F.R. § 3420.4-2
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.
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, amendments, and revision history
Amendments
[44 FR 42615, July 19, 1979. Redesignated at 47 FR 33139, July 30, 1982]
Authority
Authority: The Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 et seq. ), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple Mineral Development Act of 1954 (30 U.S.C. 521-531 et seq. ), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq. ), the Department of Energy Organization Act of 1977 (42 U.S.C. 7101 et seq. ), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq. ) and the Small Business Act of 1953, as amended (15 U.S.C. 631 et seq. ).
Source
Source: 44 FR 42615, July 19, 1979, unless otherwise noted.
Amendments
[44 FR 42615, July 19, 1979. Redesignated at 47 FR 33139, July 30, 1982]