Department of the
Interior
Departmental Manual
Effective Date: 1/9/06
Series: Delegation
Part 235:
Bureau of Land Management
Chapter 1:
General Program Delegation, Director, Bureau of Land Management
Originating Office:
Bureau of Land Management
235 DM 1
1.1 Delegation.
A. The Director, Bureau of Land Management,
is authorized, except as provided in 200 DM 1, to exercise the program
authority of the Assistant Secretary - Land and Minerals Management with
respect to the management of the public domain and acquired lands, including
all associated functions that relate thereto.
B. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management to execute conveyance of lands for airport purposes pursuant to
Section 23(b) of the Airport and Airway Development Act of 1970 (84 Stat. 232;
49 U.S.C., 1723(b)), provided that such conveyances are also approved by the
appropriate official of the Office of the Attorney General. In cases where a right of title was vested
prior to June 30, l970, conveyance may be executed pursuant to Section 16 of
the Federal Airport Act of May 13, 1946 (60 Stat. 179; 49 U.S.C. 1115).
C. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management to carry out the purposes of the Wild and Scenic Rivers Act, as
amended (16 U.S.C. 1271, et seq.), and the National Trails System Act, as
amended (16 U.S.C. 1241, et seq.), relating to the selection and location of
boundaries, property acquisition, development and administration of assigned
components of the National Wild and Scenic Rivers System and National Trails
System. The Director also is authorized
to make studies regarding additions to and evaluations of components of the
National Wild and Scenic Rivers System where the majority of the segment flows
across Bureau of Land Management administered lands. This authority will be exercised in
accordance with the provisions of 710 DM 1.
D. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management regarding the administration of the Lower Colorado River Land Use
Plan as described in 613 DM 1.
E. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management for administering the Wild Free-Roaming Horse and Burro Act (85
Stat. 649; 16 U.S.C. 1331-1340), including the enforcement authority specified
in Section 8(b) of the Act.
F. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management under Executive Order 10950, relating to the approval of selections
by the State of Alaska of public lands lying north and west of the National
Defense Withdrawal Line.
G. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management under the Alaska Native Claims Settlement Act of December 18, 1971
(Public Law 92-203, 85 Stat. 688), as amended, including authority to sign and
execute easement agreements between the Department and the Alaska Native
Corporations. This authority also
includes the authority to waive non-statutory requirements as provided at 43
C.F.R. § 2650.0-8, but may not be further delegated below the Alaska State
Director. This authority does not
include authority granted to the Assistant Secretary - Indian Affairs under 209
DM 8.
H. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management as provided in Public Law 95-465, 92 Stat. 1279, and as may be
provided in future appropriations acts, to make payments, not to exceed the
statutory limit, for information or evidence concerning violation of laws
administered by the Bureau of Land Management and for miscellaneous and
emergency expenses of enforcement activities of the Bureau of Land Management.
I. The Director, Bureau of Land Management,
may exercise the authority of the Assistant
Secretary - Land and Minerals Management for administering Section 1 and
Section 3 of the Payment in Lieu of Taxes Act of October 20, 1976, as amended
(90 Stat. 2662, as amended; 31 U.S.C. 6901).
J. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management for Federal lands review on any land, including mineral interests,
owned by the United States without regard to how the United States acquired
ownership of the land and without regard to the agency having responsibility
for management thereof. This Federal
lands review is to determine if any areas are unsuitable for all or certain
types of surface coal mining operations pursuant to Section 522(b) and to
designate lands unsuitable for noncoal mining pursuant to Section 601 of the
Surface Mining Control and Reclamation Act of 1977. The statement of policy published in 43 FR
57662, December 8, 1978, Divisions of Functions and Responsibilities Concerning
Management of Federal Coal between the Office of Surface Mining, the U.S.
Geological Survey and the Bureau of Land Management, further defines
responsibilities in this matter. This
delegation includes authority to redelegate the Federal lands review
responsibility to other Federal surface management agencies.
K. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management for administering operations on oil and gas, geothermal, and other
mineral leases on Federal and Indian lands under the Mineral Leasing Act of
1920, as amended and supplemented (30 U.S.C. 181 et seq.); Section 402,
Reorganization Plan No. 3 of 1946 (60 Stat. 1099); the Mineral Leasing Act for
Acquired Lands, as amended (30 U.S.C. 351-359); the Geothermal Steam Act of
1970 (30 U.S.C. 1001-1025); the Indian Allotted Lands Leasing Act (25 U.S.C.
396); the Tribal Lands Leasing Act (25 U.S.C. 396a); Right of Way Leasing Act
of 1930 (30 U.S.C. 301-306); NPR-A leasing authority in the Appropriations Act
of 1981 (94 Stat. 2964); Federal Oil and Gas Royalty Management Act of 1982 (96
Stat. 2447); and other authorities under which the Bureau of Land Management
issues mineral leases.
L. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management under 43 U.S.C. 31 with respect to the mineral leasing laws for
classification and evaluation of Federal lands for leasable minerals and the
modification or revocation of such classifications or evaluations.
M. The Director, Bureau of Land Management,
may exercise the authority of the Assistant
Secretary - Land and Minerals Management under Section 503 of the
Natural Gas Policy Act of 1978 (NGPA), Public Law 95-621, to make
determinations for natural gas produced on Federal lands and Indian allotted
and tribal lands (except for the Osage Reservation, Osage County,
Oklahoma). Determinations shall be made
in accordance with Section 503(c) and related sections of the NGPA, including
the following natural gas categories, subject to application by Federal lease
operators: new onshore wells, new
onshore reservoirs, new onshore production wells, high-cost natural gas and
stripper well natural gas.
N. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management to recommend the classification of public domain lands as power
sites valuable for power purposes and the modification or revocation of such
classifications.
O. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management under Executive Order 10752 for the execution of all of the powers
and functions vested in the President by the Act of February 22, 1935, 49 Stat.
30, entitled "An Act to regulate interstate and foreign commerce in
petroleum and its products by prohibiting the shipment in such commerce of
petroleum and its products produced in violation of State law, and for other
purposes,@ as amended (15 U.S.C. 715 et seq.),
except those vested in the President by Section 4 of the Act (15 U.S.C. 715c).
P. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management to provide for the orderly disposal of certain Federal lands in
Clark County, Nevada, and to provide for the acquisition of environmentally
sensitive lands in the State of Nevada under the Southern Nevada Public Land
Management Act of October 19, 1998 (Public Law 105-263), with the exception of
the expenditure of amounts deposited in the special account for purposes
described in section 4(e)(3)(A)(i-iv) before review and approval by the
Secretary of the Interior.
Q. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management under the Helium Act as amended by the Helium Privatization Act of
1996 (50 U.S.C. 167 et seq.) to enter into agreements with private parties for
the recovery and disposal of helium on Federal lands; to store, transport and
sell crude helium; and to otherwise manage the Federal Helium Program subject
to the limitations in 50 U.S.C. 167.
R. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management to sign Mineral Entry Final Certificates and mineral patents under
the Mining Law of 1872. The Director may
not redelegate this authority.
S. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management to provide for the orderly disposal of certain Federal lands and to
provide for the acquisition of environmentally sensitive land in the State of
Nevada, under the Lincoln County Land Act of 2000 as of October 13, 2000
(Public Law 106-298), inclusive of expenditure amounts deposited in the special
account for purposes described in section 5(3)(b)(1)(A), (B), (C) and (D) of
this Act, without review and approval by the Secretary of the Interior.
T. The Director, Bureau of Land Management,
may exercise the authority of the Assistant Secretary - Land and Minerals
Management to establish wilderness areas, promote conservation, improve public
land, and provide for the high quality development in Lincoln County, Nevada,
and for other purposes, under the Lincoln County Conservation, Recreation, and
Development Act of 2004 as of November 30, 2004 (Public Law 108-424), inclusive
of expenditure amounts deposited in the special account for purposes described
in section 103(b)(3)(A),(B),(C),(D),(E) and (F) of this Act, without review and
approval by the Secretary of the Interior.
U. The Director, Bureau of Land Management,
may exercise the authority of the Assistant
Secretary - Land and Minerals Management under the Alaska Land Transfer
Acceleration Act (Public Law 108-452, 118 Stat. 3575), including the authority
to waive selection filing deadlines under Section 201 of that Act and to sign
and execute agreements between the Department and the State of Alaska and the
Department and Alaska Native Corporations under sections 106 and 209,
respectively.
1.2 Limitation. The following authorities are not delegated
in the general authorities listed in 235 DM 1.1:
A. Any act not in accordance with the general
policies, procedures, or regulations of the Secretary of the Interior.
B. Any action to be taken with the approval
or concurrence of the President or the head of any department or independent
agency of the Federal Government other than:
(1) A conveyance of land for airport purposes
noted in 235 DM 1.lB above;
(2) The
authority relating to the approval of selections by the State of Alaska noted
in 235 DM 1.1F above, and
(3) Any action to terminate a withdrawal taken
pursuant to Section 204(l) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1713).
C. The authority to issue, revoke, modify, or
extend withdrawals or reservations of public domain lands.
D. The approval of oil and gas leases on
lands within wildlife refuges unless prior authorization is obtained from the
Secretary of the Interior.
E. The appointment of members to the Coos Bay
Wagon Road Appraisal Committee.
F. The issuance of orders pursuant to 43 CFR
2801.1-5(m), requiring discontinuance without liability or expense to the
United States of the use of a right-of-way for the purpose granted.
G. Any functional assignments or delegations
of other bureaus or offices of the Department as provided in the regulations,
directives, or orders of the Secretary of the Interior.
H. The authority to enforce the conditions
and provisions of the Act of December 19, 1913; 38 Stat. 242, Chapter 4 (Raker
Act), for those parts of right-of-way grants within Yosemite National Park.
I. The authority for royalty and mineral
revenue management on oil and gas, geothermal, and other mineral leases (except
helium) on Federal and Indian lands, including collection and distribution of
receipts.
J. The authority to approve regional coal
leasing schedules and regional coal leasing levels.
K. The authority in Public Law 105-263, the Southern
Nevada Public Land Management Act of 1998, excludes the expenditure of amounts
deposited in the special account for purposes described in section
4(e)(3)(A)(i-iv) before review and approval by the Secretary of the Interior.
L. The authority in Public Law 108-452, the
Alaska Land Transfer Acceleration Act, to submit reports to Congress as
described in section 207 and 601 and to establish the Office of Hearings and
Appeals in Alaska as described in section 501.