Segregation
The temporary withholding of public lands from appropriation under public land laws, typically pending a final decision on a proposed withdrawal.
Detailed Definition
Segregation is the temporary withholding of public lands from appropriation under some or all of the public land laws. It serves as an interim measure to preserve the status quo while a final decision is made about a proposed withdrawal or other land use action.
When segregation occurs: - Upon publication of a notice of proposed withdrawal - Upon filing of an application for withdrawal - During the processing of a land exchange - While a selection by a state or Native corporation is pending
Duration: - Typically limited to 2 years for proposed withdrawals - May be extended in certain circumstances - Terminates when the final action is taken or the application is denied - Emergency withdrawals create a 3-year segregation
Effects of segregation: - New mining claims generally cannot be located on segregated lands - Existing valid claims are not affected - Other forms of entry may also be restricted - The land remains in federal ownership
Difference from withdrawal: - Segregation is temporary; withdrawal may be permanent - Segregation preserves the status quo; withdrawal removes lands from entry - Segregation occurs automatically upon certain filings; withdrawal requires a formal decision - When segregation ends without a withdrawal, the land returns to open status
Checking for segregations: BLM Serial Register pages and LR2000 records indicate current segregations affecting specific parcels.
Related Terms
Mining Claim
A parcel of land for which a claimant has asserted a right of possession and the right to develop and extract mineral resources.
BLM
The Bureau of Land Management, the federal agency that administers public lands including mining claim filings and maintenance.
Open to Entry
Public lands that are available for the location of mining claims under the Mining Law of 1872.
Withdrawal
An action by the federal government that removes public lands from availability for mining claim location or other forms of entry.