not all-inclusive.

ant to BLM land use planning. The list is 

 

Appendix A Appendix A 

Appendix A 

Law, regulation & policy relevant to the Upper Deschutes

Planning Area 

The following is a list of major legal authorities relev The following is a list of major legal authorities relevant to BLM land use planning. The list is

not all-inclusive.

 a list of major legal authorities relev 

43 CFR 2621 The authority to transfer “in lieu” lands to the State is found in Sections 2275 

and 2276 of the Revised Statutes, as amended (43 U.S.C. 851, 852), and guided by 

regulations found at 43 CFR 2621. See also Oregon Admission Act and Memorandum 

of Understanding for Indemnity Selections (in this table). 

Guidance for the designation of right-of-way corridors. 

Regulates onshore oil and gas leasing, geothermal leasing, mineral materials disposal, 

and mining claims under the general mining laws respectively. 

Provides for the non-commercial collection of petrified wood from public lands for 

personal use. 

Provides for the non-commercial collection of rocks, mineral specimens, and common 

invertebrate fossils, and semi-precious gemstones from public lands for noncommercial use. 

Seasonal fire closures on portions of the Lower Crooked and Middle Deschutes 

Rivers. 

42 U.S.C. (1996), establishes a national policy to protect and preserve the right of 

American Indians to exercise traditional Indian religious beliefs or practices. 

16 U.S.C. 431-433 protects cultural resources on Federal lands and authorizes the 

President to designate National Monuments on Federal lands. 

As amended, defines and protects archaeological resources on Federal lands, 

establishes a permit system for resources over 100 years old, and requires agencies to 

provide for public education and continuing inventory of Federal lands. 

Provides for the protection of bald and golden eagles. 

Provides management policy and use allocations for the disposition and utilization of 

agency-managed heritage resources. 

Directs field offices to identify and monitor key wildlife habitats. 

Land Use Planning Handbook. 

Provides direction for emergency fire rehabilitation. 

Provides management in Badlands and Steelhead Falls Wilderness Study Areas 

under interim rules, until Congress either designates these lands as wilderness or 

releases them for other purposes. 

Special Status Species Management: Directs conservation and protection of habitats 

for designated special status species, and other state or federally protected species. 

Initial plan completed in 2002, and addresses fire suppression and fuels management 

on all federal lands for the Deschutes National Forest, the Ochoco National Forest, 

and the Prineville District BLM. The fire management plan outlines the appropriate 

management response, including full suppression and modified suppression, 

throughout the Central Oregon. It also identifies conditions and potential locations 

for wildland fire use and for prescribed fires, as well as other factors pertaining to fire 

management in the COFMS (Central Oregon Fire Management Service) area. 

43 CFR 2806.1 

43 CFR 3100, 3200, 3600, 

and 3800 

43 CFR 3622 

43 CFR 8365.1-5 

43 CFR Subpart 

9212.2(a) 

American Indian 

Religious Freedom Act 

Antiquities Act 

Archaeological 

Resources Protection 

Act of 1979 (ARPA) 

Bald Eagle Protection 

Act 

BLM 8100 

BLM Fish and Wildlife 

2000 

BLM H-1601-1 

BLM H-1742-1 

BLM H-8550-1 

BLM Manual 6840 

Central Oregon Fire 

Management Plan 

191 
 

Upper Deschutes Record of Decision and Resource Management Plan ce Management Plan 

Clean Air Act (CAA)
1 As amended, 42 U.S.C. 7418 requires Federal agencies to comply with all Federal, 

State and local requirements regarding the control and abatement of air pollution. 

This includes abiding by the requirements of State Implementation Plans. The CAA 

requires EPA to set National Ambient Air Quality Standards (NAAQS). 

Outlines the process for implementing emergency fire rehabilitation projects 

following wildland fires and wildland fire use. 

As amended, 16 U.S.C. 1531 et seq. provides a means whereby the ecosystems upon 

which endangered and threatened species depend may be conserved, and provides 

a program for the conservation of such endangered and threatened species (Sec. 1531 

(b), Purposes). It requires all Federal agencies to: 

− Seek the conservation of endangered and threatened species and utilize 

applicable authorities in furtherance of the purposes of the Endangered Species Act 

(Sec. 1531 (c) (1), Policy). 

− Avoid jeopardizing the continued existence of any species that is listed or 

proposed for listing as threatened or endangered or destroying or adversely 

modifying its designated or proposed critical habitat (Sec. 1536(a), Interagency 

Cooperation). 

− Consult (or confer) in accordance with Sec. 7 of the ESA with the Secretary of the 

Interior, through the Fish and Wildlife Service and/or the National Marine Fisheries 

Service, to ensure that any Federal action (including land use plans) or activity is 

not likely to jeopardize the continued existence of any species listed or proposed 

to be listed under the provisions of the ESA, or result in the destruction or adverse 

modification of designated or proposed critical habitat (Sec. 1536 (a), Interagency 

Cooperation, and 50 CFR 402). 

Directs Federal agencies to inventory public lands and to nominate eligible properties 

to the National Register of Historic Places (1971). 

49 Fed. Reg. 7629 requires that each Federal agency consider the impacts of its 

programs on minority populations and low income populations. 

61 Fed. Reg. 26771 requires Federal agencies to the extent practicable, permiĴed by 

law, and not clearly inconsistent with essential agency functions to: 

− Accommodate access to and ceremonial use of Indian sacred sites by Indian 

religious practitioners; and 

− Avoid adversely affecting the physical integrity of such sacred sites. 

Provides that no Federal agency shall authorize, fund or carry out actions that it 

believes are likely to cause or promote the introduction or spread of invasive species 

unless, pursuant to guidelines that it has prescribed, the agency has determined and 

made public its determination that the benefits of such actions clearly outweigh the 

potential harm caused by invasive species; and that all feasible and prudent measures 

to minimize risk or harm will be taken in conjunction with the actions. 

Provides, in part, that each Federal agency shall establish regular and meaningful 

consultation and collaboration with Indian tribal governments in the development 

of regulatory practices on Federal maĴers that significantly or uniquely affect their 

communities. 

Directs Federal agencies to efficiently and effectively advance historic preservation 

objectives in the pursuit of their missions (2003). 

Emergency Fire 

Rehabilitation 

Handbook (H-1742-1) 

Endangered Species Act 

(ESA) 

Executive Order 11593 

Executive Order 12898 

(Environmental Justice 

in Minority and Lowincome Populations) 

Executive Order 13007 

(Indian Sacred Sites) 

Executive Order 13112 

(Invasive Species) 

Executive Order 

13175 (Consultation 

& Coordination with 

Indian Tribal Govs.) 

Executive Order 13287 

192 
 

13186 

Appendix A Appendix A 

Executive Order No. Directs the bureau to protect, restore, enhance and manage habitat of migratory birds 

and prevent the loss or degradation of remaining habitats on BLM and to evaluate the 

effects of actions and agency plans on migratory birds, with emphasis on species of 

concern. 

Directs Federal agencies to provide leadership in preserving America’s heritage by 

actively advancing the protection, enhancement, and contemporary use of historic 

properties owned by the Federal Government, and by promoting intergovernmental 

cooperation and partnerships for the preservation and use of historic properties 

(2003). 

16 USC 4306 requires federal agencies to identify, protect and maintain significant 

caves. 

Sec. 102 (a) (7) and (8) and 103(c) set the policy of the United States concerning the 

management of BLM managed lands. Sec. 201 requires the Secretary of the Interior 

(the Secretary) to prepare and maintain an inventory of all BLM managed lands 

and their resource and other values; and, as funding and workforce are available, to 

determine the boundaries of the public lands, provide signs and maps to the public, 

and provide inventory data to State and local governments. Sec. 202 (a) requires the 

Secretary, with public involvement, to develop, maintain, and when appropriate, 

revise land use plans that provide by tracts or areas for the use of the BLM managed 

lands. Sec. 202 (c) (9) requires that land use plans for BLM managed lands be 

consistent with tribal plans and, to the maximum extent consistent with applicable 

Federal laws, with State and local plans. Sec. 202 (d) provides that all public lands, 

regardless of classification, are subject to inclusion in land use plans, and that the 

Secretary may modify or terminate classifications consistent with land use plans. Sec. 

202 (f) and Sec. 309 (e) provide that Federal agencies, State and local governments, 

and the public be given adequate notice and an opportunity to comment on the 

formulation of standards and criteria for, and to participate in, the preparation and 

execution of plans and programs for the management of the public lands. Sec. 302 

(a) requires the Secretary to manage the BLM managed lands under the principles of 

multiple use and sustained yield, in accordance with, when available, land use plans 

developed under Sec. 202 of FLPMA, except that where a tract of BLM managed 

lands has been dedicated to specific uses according to any other provisions of law, 

it shall be managed in accordance with such laws. Sec. 302 (b) recognizes the entry 

and development rights of mining claimants, while directing the Secretary to prevent 

unnecessary of undue degradation of the public lands. Sec. 505(a) requires that “... 

each right-of-way shall contain terms and conditions which will ... minimize damage 

to the scenic and esthetic values...” 

33 U.S.C. 1323 requires the Federal land manager to comply with all Federal, State, 

and local requirements, administrative authority, process, and sanctions regarding 

the control and abatement of water pollution in the same manner and to the same 

extent as any non-governmental entity. 

43 CFR 4180.1 and associated Standards (43 CFR 4180.2). 

As amended, 30 U.S.C. 21 et seq., allows the location, use, and patenting of mining 

claims on sites on public domain lands of the United States. 

As amended authorizes the BLM to grant leases for geothermal exploration and 

development on federal public lands open for this purpose. 

A product of the Healthy Forests Initiative (2003) (see below). 

Directs the Department of the Interior (and other agencies) to improve regulatory 

processes to ensure more timely decisions, greater efficiency, and beĴer results in 

reducing the risk of catastrophic wildland fires (2002). 

Executive Order 

Preserve America 

Federal Cave Resources 

Protection Act 

Federal Land Policy 

and Management Act 

(FLPMA) 

Federal Water Pollution 

Control Act 

Fundamentals of 

Rangeland Health 

General Mining Law 

Geothermal Steam Act 

of 1970 

Healthy Forest 

Restoration Act 

Healthy Forests 

Initiative 

193 
 

 

Upper Deschutes Record of Decision and Resource Management Plan ce Management Plan 

IB No. OR-2000-334
1 Information Bulletin regarding maintaining existing sagebrush-steppe habitats in the 

existing sage grouse range in order to sustain sage grouse populations and protect 

options for the future 

Instruction Memorandum re: Interim Cave Management Policy. Provides guidelines 

for the protection of cave resources. 

Provides guidance for management of formerly public domain land conveyed to 

Oregon Parks and Recreation Department in the mid 1960s within two patents issued 

under authority of the Recreation and Public Purposes Act. As a condition of the 

conveyance, BLM retained title to all present and future vegetative resources on these 

parcels. 

BLM MOU OR940-9509, between the US Department of Interior, BLM, and the State 

of Oregon, Division of State Lands, signed July 26, 1995. The MOU followed a 1991 

ruling of the U.S. District Court, Civil No. 85-646-MA. See also Oregon Admission Act 

and 43 CFR 2621 (in this table). 

Signed June 25, 1855, ratified March 8, 1859 (12 STAT 963), reserved rights for 

the Confederated Tribes of Warm Springs to fish, off-reservation, at usual and 

accustomed stations and to hunt, gather resources, and pasture animals on public 

lands in common with other citizens of the United States. 

As amended, 30 U.S.C. 181 et seq., authorizes the development and conservation of 

oil and gas resources. The BLM can grant leases for development of deposits of coal, 

phosphate, potash, sodium, sulfur and other leasable minerals on federal public 

domain lands open for this purpose and on lands having federal reserved minerals. 

30 U.S.C. 21a establishes a policy of fostering development of economically stable 

mining and minerals industries, their orderly and economic development, and 

studying methods for disposal of waste and reclamation. 

As amended provides guidance for exploring for, discovering, and purchasing 

locatable mineral deposits on federal lands open to those activities 

See CAA, above, or hĴp://www.thecre.com/fedlaw/legal14air/criteria.htm (July 2005). 

1997 agreement. 

As amended, 42 U.S.C. 4321 et seq., requires the consideration and public availability 

of information regarding the environmental impacts of major Federal actions 

significantly affecting the quality of the human environment. This includes the 

consideration of alternatives and mitigation of impacts. 

As amended, 16 U.S.C. 470, expands protection of historic and archaeological 

properties to include those of national, State, and local significance and directs 

Federal agencies to consider the effects of proposed actions on properties eligible for 

or included in the National Register of Historic Places. 

25 U.S.C. 3001 provides protection of Native American grave sites and associated 

artifacts. 

30 U.S.C. 181 et seq., provides that federal land managers must: 

− Adequately address potential oil and gas resources be in planning documents; 

− Determine social, economic, and environmental consequences of exploration and 

development of oil and gas resources; and 

− Clearly identify any stipulations to be applied to oil and gas leases. 

Outlines federal obligations related to Oregon becoming a State. See also 43 CFR 2621 

and Memorandum of Understanding for Indemnity Selections (in this table). 

IM No. OR-95-021 

La Pine State Park 

Master Plan (1986) 

Memorandum of 

Understanding for 

Indemnity Selections 

Middle Oregon Treaty 

Mineral Leasing Act of 

1920 

Mining and Mineral 

Policy Act 

Mining Law of 1872 

National Ambient Air 

Quality Standards 

National Cultural 

Programmatic 

Agreement 

National Environment 

Policy Act (NEPA) 

National Historic 

Preservation Act 

(NHPA) 

Native American Graves 

and Repatriation Act 

(1990) 

Onshore Oil and Gas 

Leasing Reform Act 

Oregon Admission Act 

194 
Appendix A Appendix A 

Oregon Rangeland 

Handbook, H-1734-2 

(and newer versions) 

Guides monitoring and evaluation of grazing allotments. 

Covers the states of Washington, Oregon, Idaho, Montana, Wyoming, California 

and Nevada (USFWS 1986). The Plan established recovery population goals, habitat 

management goals, and 47 management (recovery) zones. The High Cascades Zone 

(zone 11) includes the Upper Deschutes Planning Area. The Pacific States Bald Eagle 

Recovery Plan described specific criteria for the Pacific Recovery Area (PRA) as 

necessary for delisting. 

Provides guidance for weed Management across Prineville District. 

The BLM will take actions relative to 303(d) listed waterbodies in accordance with the 

protocol (see details in Appendix E). 

1998 protocol directing management on lands administered by the BLM in Oregon. 

43 U.S.C. 1901 provides that the public rangelands be managed so that they become 

as productive as feasible in accordance with management objectives and the land use 

planning process established pursuant to 43 U.S.C. 1712. 

As amended, 43 U.S.C. 869 et seq., authorizes the Secretary of the Interior to lease or 

convey BLM managed lands for recreational and public purposes under specified 

conditions. 

42 U.S.C. 201 is designed to make the Nation’s waters “drinkable” as well as 

“swimable.” Amendments establish a direct connection between safe drinking water, 

watershed protection, and management. 

(American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the 

Endangered Species Act) requires DOI agencies to consult with Indian Tribes when 

agency actions to protect a listed species, as a result of compliance with ESA, affect or 

may affect of Indian lands, tribal trust resources, or the exercise of American Indian 

tribal rights. 

The Standards meet the requirements and intent of 43 Code of Federal Regulations, 

Subpart 4180 (Rangeland Health). The Standards direct the BLM to modify or 

discontinue livestock grazing prior to the start of the next grazing year if livestock 

are found to be a significant contributing factor to failure to aĴain a Standard. The 

Standards address watershed function (upland and riparian), ecological processes, 

water quality, and habitat for native, T&E and locally important species. 

43 U.S.C. 315, “[T]he Secretary of the Interior is authorized, in his discretion, by 

order to establish grazing districts or additions thereto... of vacant unappropriated 

and unreserved lands from any part of the public domain...which in his opinion are 

chiefly valuable for grazing and raising forage crops[.]...” The Act also provides for 

the classification of lands for particular uses. 

Provides guidance for management of vegetation. 

As amended, 16 U.S.C. 1271 et seq., requires the Federal land management agencies 

to identify river systems and then study them for potential designation as wild, 

scenic, or recreational rivers. 

As amended, 16 U.S.C. 1131 et seq., authorizes the President to make 

recommendations to the Congress for Federal lands to be set aside for preservation as 

wilderness. 

Pacific States Bald Eagle 

Recovery Plan 

Prineville District 

Integrated Weed 

Management EA (1994) 

Protocol for 303(d) listed 

Streams 

Protocol for Managing 

Cultural Resources 

Public Rangelands 

Improvement Act 

(PRIA) 

Recreation and Public 

Purposes Act 

Safe Drinking Water 

Act 

Secretarial Order 3206 

Standards for 

Rangeland Health 

and Guidelines for 

Livestock Grazing 

Mgmt in OR & WA 

Taylor Grazing Act 

(TGA) 

Vegetation Treatment on 

BLM Lands EIS (1991) 

Wild and Scenic Rivers 

Act 

Wilderness Act 

195 
Upper Deschutes Record of Decision and Resource Management Plan ce Management Plan 

196