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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) This part governs the issuance of Departmental guidance documents.
(b) Subject to the qualifications and exemptions contained in this part, the procedures in this part apply to all guidance documents issued by all Bureaus/Offices of the Department of the Interior (the Department) after October 26, 2020.
(c) For purposes of this part, the term “guidance document” is any statement of agency policy or interpretation of a statute, regulation, or technical matter within the jurisdiction of the agency that is of general applicability and intended to have future effect on the behavior of regulated parties, that sets forth a policy on a statutory, regulatory, or technical issues or an interpretation of a statute or regulation, with certain exceptions. The term is not confined to formal written documents; guidance may come in a variety of forms, including (but not limited to) letters, memoranda, circulars, bulletins, advisories, and may include video, audio, and Web-based formats. See Office of Management and Budget (OMB) Bulletin 07–02, “Agency Good Guidance Practices,” (January 25, 2007) (“OMB Good Guidance Bulletin”).
(d) This part does not apply to the following documents, which are not included in the definition of “guidance document” for purposes of this part:
(1) Rules promulgated pursuant to notice and comment under 5 U.S.C. 553, or similar statutory provisions;
(2) Rules exempt from rulemaking requirements under 5 U.S.C. 553(a);
(3) Rules of agency organization, procedure, or practice;
(4) Decisions of agency adjudications under 5 U.S.C. 554 or similar statutory provisions;
(5) Internal guidance directed to the issuing agency or other agencies that is not intended to have substantial future effect on the behavior of regulated parties; or
(6) Internal executive branch legal advice or legal advisory opinions addressed to executive branch officials that are not intended to have substantial future effect on the behavior of regulated parties.
Cite this article: FindLaw.com - Code of Federal Regulations Title 43. Public Lands: Interior § 43.51.1 General - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-43-public-lands-interior/cfr-sect-43-51-1/
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