Regulations last checked for updates: Oct 20, 2024

Title 43 - Public Lands: Interior last revised: Sep 06, 2024
§ 3171.23 - Variances.

The operator may make a written request to the agency with jurisdiction to request a variance from this subpart. A request for a variance must explain the reason the variance is needed and demonstrate how the operator will satisfy the intent of this subpart. The operator may include the request in the APD package. A variance from the requirements of this subpart does not constitute a variance to provisions of other regulations, laws, or orders. When the BLM is the decision maker on a request for a variance, the decision whether to grant or deny the variance request is entirely within the BLM's discretion. The decision on a variance request is not subject to administrative appeals either to the State Director or pursuant to 43 CFR part 4.

authority: 25 U.S.C. 396d and 2107; 30 U.S.C. 189,306,359,and; and 43 U.S.C. 1732(b), 1733, and 1740
source: 81 FR 81421, Nov. 17, 2016, unless otherwise noted.
cite as: 43 CFR 3171.23