43 CFR § 3461.2-2 - Consultation on unsuitability assessments.
---
identifier: "/us/cfr/t43/s3461.2-2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 3461.2-2 - Consultation on unsuitability assessments."
title_number: 43
title_name: "Public Lands: Interior"
section_number: "3461.2-2"
section_name: "Consultation on unsuitability assessments."
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "C"
subchapter_name: "MINERALS MANAGEMENT (3000)"
part_number: "3460"
part_name: "ENVIRONMENT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "The Mineral Leasing Act of 1920, as amended and supplemented (30 U.S.C. 181 ), the Mineral Leasing Act for Acquired Lands of 1947, as amended (30 U.S.C. 351-359), the Multiple Mineral Development Act of 1954 (30 U.S.C. 521-531 ), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 ) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 )."
regulatory_source: "44 FR 42638, July 19, 1979, unless otherwise noted."
cfr_part: "3460"
---
# 3461.2-2 Consultation on unsuitability assessments.
(a) Prior to adopting a comprehensive land use plan or land use analysis which assesses Federal lands as unsuitable for coal mining, the Secretary or other surface management agency shall complete the consultation set out in §§ 3420.1-6 and 3420.1-7 of this title.
(b) When consultation or concurrence is required in the application of any criterion or exception in § 3461.1 of this title, the request for advice or concurrence, and the reply thereto, shall be in writing. Unless another period is provided by law, the authorized officer shall specify that the requested advice, concurrence or nonconcurrence be made within 30 days.
(c) When the authorized officer does not receive a response either to a request for concurrence which is required by this subpart but not by law, or to consultation within the specified time, he or she may proceed as though concurrence had been given or consultation had occurred.
[44 FR 42638, July 19, 1979, as amended at 47 FR 33149, July 30, 1982. Redesignated at 52 FR 46473, Dec. 8, 1987]