A.2.2. 2.2 Federal Land Policy and Management Act of 1976

The BLM is responsible for both considering the impacts of its actions and approvals in land use planning, as well as for managing those impacts for public lands. Public land to be considered for split-estate land is the mineral interest and not the surface. The private surface is not public land; thus, it is not subject to the planning and management requirements of the FLPMA. The BLM has no authority over use of the surface by the surface owner. The BLM is required to declare how the federal mineral estate will be managed in the RMP, including identification of all appropriate lease stipulations (43 CFR 3101.1; BLM Manual Handbook, H-1624-1, IV.C.2). To be consistent with the requirements of the FLPMA, it is necessary to apply the same standards for environmental protection of split-estate lands as applied to the federal surface (BLM Manual 3101.91 B.1). The FLPMA also provides in Section 202 that the BLM “...shall provide for compliance with applicable pollution control laws, including state and federal air, water, noise, or other pollution standards of implemented plans.” Many of these laws are addressed later in this document.