Termination Date of Segregations for Conveyances of Federally Owned Mineral Interest under Section 209 of the Federal Land Policy and Management Act of 1976
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
http://www.blm.gov
March 11, 2013
In Reply Refer To:
2720 (350) P
EMS TRANSMISSION 03/13/2013
Instruction Memorandum No. 2013-085
Expires: 09/30/2014
To: All Field Office Officials
From: Assistant Director, Minerals and Realty Management
Subject: Termination Date of Segregations for Conveyances of Federally Owned Mineral Interest under Section 209 of the Federal Land Policy and Management Act of 1976
Program Area: Lands and Realty – Mineral Interest Sales/Conveyances under the Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1719), Section 209 and 43 CFR 2720.
Purpose: This Instruction Memorandum (IM) provides guidance and clarifies policy for the termination date of segregations associated with the conveyance of federally owned mineral interests under Section 209 of FLPMA. This guidance applies only to stand-alone conveyances of mineral interests under Section 209 of FLPMA, and does not affect simultaneous conveyances of lands and mineral interests under both Sections 203 and 209 of FLPMA.
Policy/Action: The Bureau of Land Management (BLM) regulations at 43 CFR part 2091 and 43 CFR part 2720 provide different termination dates for segregations of lands under application for conveyance of federally owned mineral interests under Section 209 of FLPMA. This policy will provide consistency between the 2720 and 2091 regulations, with the public’s notification process, and with each BLM office. Although the regulations in part 2720 provide for a segregation to expire 2 years from the date of application, the BLM’s longstanding practice has been to follow the regulations in part 2091 and segregate the lands for 2 years from the date of publication in the Federal Register.
Based on this longstanding reliance on the segregation expiration date described in the part 2091 regulations, the BLM has determined that while the BLM is considering an application for a conveyance of federally owned mineral interests under Section 209 of FLPMA, the period of segregation will end no later than 2 years from publication of the Notice of Realty Action (NORA) in the Federal Register, as stated in 43 CFR 2091.3-1(c), rather than 2 years from the date of the application for such a conveyance, as stated in 43 CFR 2720.1-1(b).
Timeframe: Effective immediately.
Budget Impact: None.
Background: In 1986, the BLM amended its regulations at 43 CFR 2720.1-1(b) for conveyances of federally owned mineral interests authorized under Section 209 of FLPMA to state: “The segregative effect of the application shall terminate either upon issuance of a patent or other document of conveyance to such mineral interests, upon final rejection of the application or 2 years from the date of filing of the application which ever occurs first.” In 1987, the BLM published its regulations for segregations and opening of lands. These regulations at 43 CFR 2091.3-1(c) state a different termination date for segregations related to Section 209 conveyances: “The filing of an application and publication of the notice of the filing of an application in the Federal Register for the purchase of federally owned mineral interests under Section 209 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1719) segregates the lands for a period of 2 years from the date of the publication of the notice of filing of the application with the authorized officer.”
As discussed above, the BLM’s practice has been to follow the regulation at 43 CFR 2091.3-1(c) when stating the termination date of segregations in NORAs related to conveyances of federally owned mineral interests, and most offices were not aware that there was a conflict between the two sets of regulations. The instructions in this IM provide state and field offices assurance that the NORAs will be consistent. The BLM will amend the regulation at 43 CFR 2720.1-1(b) to be consistent with 43 CFR 2091.3-1(c) at a later date.
Manual/Handbook Sections Affected: None.
Coordination: The Division of Lands, Realty, and Cadastral Survey and Division of Solid Minerals coordinated preparation of this IM with the Office of the Solicitor.
Contact: If you have any questions concerning the content of this IM, please contact me, Michael D. Nedd, Assistant Director, Minerals and Realty Management, at 202-208-4201, or your staff may contact Kim Berns, Division Chief, Lands, Realty and Cadastral Survey, 202‑912-7350, or Janet Eubanks, Realty Specialist, Washington Office Division of Lands, Realty and Cadastral Survey, WO-350, at 202-912-7149 or by e-mail at jeubanks@blm.gov.
Signed by: Authenticated by:
Michael Nedd Robert M. Williams
Assistant Director Division of IRM Governance,WO-560
Minerals and Realty Management