IBLA CLARIFIES THE LIMITS ON BLM'S ABILITY TO SEGREGATE LANDS TO E EXCHANGED

摘要

In Michael L. Carver, 163 IBLA 77, GFS(MIN) 34(2004), the IBLA limited BLM's right to segregate lands in anticipation of future land exchanges. The issue arose out of a California state office decision declaring two of the appellants' placer mining claims void, because they were located at a time when the land had been segregated from appropriation under the mining law. The segregation was issued pursuant to section 206(i) of FLPMA, which provides that "upon receipt of an offer to exchange lands," the agency may segregate land from appropriation under the mining law for a period not to exceed five years. 43 U.S.C. § 1716(i)(l). 163 IBLA at 80. The agency's regulations similarly authorize BLM to segregate land for five years when a land exchange proposal has been made. 43 C.F.R. § 2201.1-2(a)-(b). The segregation, which was issued on January 19,2000, involved 150,000 acres and was noted on the master title plat and historical index maintained in the BLM state office. 163 IBLA at 79.