43 CFR § 3400.3-2 - Department of Defense lands.

---
identifier: "/us/cfr/t43/s3400.3-2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 3400.3-2 - Department of Defense lands."
title_number: 43
title_name: "Public Lands: Interior"
section_number: "3400.3-2"
section_name: "Department of Defense lands."
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "MINERALS MANAGEMENT (3000)"
part_number: "3400"
part_name: "COAL MANAGEMENT: GENERAL"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "30 U.S.C. 189, 359, 1211, 1251, 1266, and 1273; and 43 U.S.C. 1461, 1733, and 1740."
regulatory_source: "44 FR 42609, July 19, 1979, unless otherwise noted."
cfr_part: "3400"
---


# 3400.3-2 Department of Defense lands.

The Secretary may issue leases with the consent of the Secretary of Defense on acquired lands set apart for military or naval purposes only if the leases are issued to a governmental entity which:

(a) Produces electrical energy for sale to the public;

(b) Is located in the state in which the leased lands are located; and

(c) Has production facilities in that state, and will use the coal produced from the lease within that state.