§ 2300.0-5 Definitions.

As used in this part, the term:

(a)

Secretary

means the Secretary of the Interior or a secretarial officer subordinate to the Secretary who has been appointed by the President by and with the advice and consent of the Senate and to whom has been delegated the authority of the Secretary to perform the duties described in this part to be performed by the

Secretary.

(b)

Authorized officer

means any employee of the Bureau of Land Management to whom has been delegated the authority to perform the duties described in this part to be performed by the

authorized officer.

(c)

Act

means the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1701

et seq.

), unless otherwise specified.

(d)

Lands

includes both upland and submerged land areas and any right or interest in such areas. To the extent provided in section 1 of the Act of February 28, 1958 (43 U.S.C. 155), the term also includes offshore waters.

(e)

Cultural resources

means those fragile and nonrenewable physical remains of human activity found in districts, sites, structures, burial mounds, petroglyphs, artifacts, objects, ruins, works of art, architecture or natural settings or features which were important to prehistoric, historic or other land and resource use events.

(f)

Archeological areas/resources

means sites or areas containing important evidence or the physical remains of former but now extinct cultural groups, their skeletons, settlements, implements, artifacts, monuments and inscriptions.

ifacts, objects, ruins, works of art, architecture or natural settings or features which were important to prehistoric, historic or other land and resource use events.

(f)

Archeological areas/resources

means sites or areas containing important evidence or the physical remains of former but now extinct cultural groups, their skeletons, settlements, implements, artifacts, monuments and inscriptions.

(g)

Resource use

means a land use having as its primary objective the preservation, conservation, enhancement or development of:

(1) Any renewable or nonrenewable natural resource indigenous to a particular land area, including, but not limited to, mineral, timber, forage, water, fish or wildlife resources, or

(2) Any resource value associated with a particular land area, including, but not limited to, watershed, power, scenic, wilderness, clean air or recreational values. The term does not include military or other governmental activities requiring land sites only as an incidental means to achieving an end not related primarily to the preservation, conservation, enhancement or development of natural resources or resource values indigenous to or associated with a particular land area.

(h)

Withdrawal

means withholding an area of Federal land from settlement, sale, location, or entry under some or all of the general land laws, for the purpose of limiting activities under those laws in order to maintain other public values in the area or reserving the area for a particular public purpose or program; or transferring jurisdiction over an area of Federal land, other than

property

governed by the Federal Property and Administrative Services Act (40 U.S.C. 472), from one department, bureau or agency to another department, bureau or agency.

(i)

Department

means a unit of the Executive branch of the Federal Government which is headed by a member of the President's Cabinet.

(j)

Agency

means a unit of the Executive branch of the Federal Government which is not within a Department.

verned by the Federal Property and Administrative Services Act (40 U.S.C. 472), from one department, bureau or agency to another department, bureau or agency.

(i)

Department

means a unit of the Executive branch of the Federal Government which is headed by a member of the President's Cabinet.

(j)

Agency

means a unit of the Executive branch of the Federal Government which is not within a Department.

(k)

Office

means an office or bureau of the Department of the Interior.

(l)

Applicant

means any Federal department, agency or office.

(m)

Segregation

means the removal for a limited period, subject to valid existing rights, of a specified area of the public lands from the operation of the public land laws, including the mining laws, pursuant to the exercise by the Secretary of regulatory authority to allow for the orderly administration of the public lands.

(n)

Legal description

means a written land description based upon either an approved and filed Federal land survey executed as a part of the United States Public Land Survey System or, where specifically authorized under Federal law, upon a protraction diagram. In the absence of the foregoing, the term means a written description, approved by the authorized officer, which defines the exterior boundaries of a tract of land by reference to a metes and bounds survey or natural or other monuments.

(o)

Modify

or

modification

does not include, for the purposes of section 204 of the Act (43 U.S.C. 1714), the addition of lands to an existing withdrawal or the partial revocation of a withdrawal.

(p)

Withdrawal petition

means a request, originated within the Department of the Interior and submitted to the Secretary, to file an application for withdrawal.

(q)

Withdrawal proposal

means a withdrawal petition approved by the Secretary.