43 CFR § 3715.3
Must I consult with BLM before occupancy?
June 11, 2020
Before beginning occupancy, you must consult with BLM about the requirements of this subpart. See Table 2 in this section.
Table 2
Open Table
| Consultation requirements | |
|---|---|
| If you are proposing a use that would involve occupancy | Then. |
| Under a plan of operations or a modification submitted under 43 CFR part 3800, subpart 3802 or subpart 3809 | You must include in the proposed plan of operations the materials required by §3715.3-2 describing any proposed occupancy for BLM review concurrently with review of the plan of operation. |
| BLM will determine whether you have complied with the requirements of this subpart together with its decision approving or modifying the plan. | |
| Under the notice provisions of 43 CFR part 3800, subpart 3809 | You must submit the materials required by §3715.3-2 together with the materials submitted under 43 CFR 3809.1-3 for BLM review concurrently with its review of the proposed activity. |
| Any activities in the notice that do not involve occupancy and are reasonably incident may proceed in accordance with 43 CFR part 3800, subpart 3809. | |
| And is a “casual use” under 43 CFR 3809.1-2 or does not require a plan of operations under 43 CFR 3802.1-2 and 3809.1-4 or a notice under 43 CFR 3809.1-3 | You are subject to the consultation provisions of this subpart and must submit the materials required by §3715.3-2 to BLM. |
| Any casual use activities that do not involve occupancy and are reasonably incident may proceed in accordance with 43 CFR part 3800, subpart 3809. | |
| Or enclosures, fences, gates, or signs intended to exclude the general public | You are subject to the consultation provisions of this subpart and must submit the materials required by §3715.3-2 to BLM. |
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