Federal Land Policy and Management Act of 1976 (FLPMA) (43 U.S.C. 1701 and 1737c)

Page 491

TITLE 43—PUBLIC LANDS

(2) In determining the amount of civil penalty
under this section, the Secretary shall consider
the seriousness of the damages from the discharge, the cause of the discharge, any history
of prior violations of applicable rules and laws,
and the degree of success of any efforts by the
violator to minimize or mitigate the effects of
such discharge.
(3) The Secretary may reduce or waive the
penalty imposed under this section if the discharge was solely caused by an act of war, act of
God, or third party action beyond the control of
the persons liable under this section.
(4) No civil penalty assessed by the Secretary
pursuant to this section shall be in addition to
a penalty assessed pursuant to section 1321(b) of
title 33.
(d) Procedures
A civil penalty may be assessed and collected
under this section only after notice and opportunity for a hearing on the record in accordance
with section 554 of title 5. In any proceeding for
the assessment of a civil penalty under this section, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the
production of relevant papers, books, and documents and may promulgate rules for discovery
procedures. Any person who requested a hearing
with respect to a civil penalty under this subsection and who is aggrieved by an order assessing the civil penalty may file a petition for judicial review of such order with the United States
Court of Appeals for the District of Columbia
circuit or for any other circuit in which such
person resides or transacts business. Such a petition may only be filed within the 30-day period
beginning on the date the order making such assessment was issued.
(e) State law
(1) Nothing in this section shall be construed
or interpreted as preempting any State or political subdivision thereof from imposing any additional liability or requirements with respect to
the discharge, or threat of discharge, of oil or
other pollution by oil.
(2) Nothing in this section shall affect or modify in any way the obligations or liabilities of
any person under other Federal or State law, including common law, with respect to discharges
of oil.
(Pub. L. 93–153, title II, § 207, as added Pub. L.
101–380, title VIII, § 8202, Aug. 18, 1990, 104 Stat.
571.)

Sec.

SUBCHAPTER II—LAND USE PLANNING AND
LAND ACQUISITION AND DISPOSITION
1711.
1712.
1713.
1714.
1715.

1716.
1717.
1718.
1719.
1720.
1721.
1722.
1723.

SUBCHAPTER III—ADMINISTRATION
1731.
1732.
1733.
1734.
1734a.
1735.
1736.
1736a.
1737.
1738.
1739.
1740.
1741.
1742.
1743.
1744.
1745.
1746.
1747.

1748.
1748a.
1748b.

Bureau of Land Management.
Management of use, occupancy, and development of public lands.
Enforcement authority.
Fees, charges, and commissions.
Availability of excess fees.
Forfeitures and deposits.
Working capital fund.
Revolving fund derived from disposal of salvage timber.
Implementation provisions.
Contracts for surveys and resource protection; renewals; funding requirements.
Advisory councils.
Rules and regulations.
Annual reports.
Search, rescue, and protection forces; emergency situations authorizing hiring.
Disclosure of financial interests by officers or
employees.
Recordation of mining claims.
Disclaimer of interest in lands.
Correction of conveyance documents.
Loans to States and political subdivisions;
purposes; amounts; allocation; terms and
conditions; interest rate; security; limitations; forebearance for benefit of borrowers;
recordkeeping requirements; discrimination
prohibited; deposit of receipts.
Funding requirements.
FLAME Wildfire Suppression Reserve Funds.
Cohesive wildfire management strategy.

SUBCHAPTER IV—RANGE MANAGEMENT
1751.

EFFECTIVE DATE
Section applicable to incidents occurring after Aug.
18, 1990, see section 1020 of Pub. L. 101–380, set out as a
note under section 2701 of Title 33, Navigation and Navigable Waters.

Continuing inventory and identification of
public lands; preparation and maintenance.
Land use plans.
Sales of public land tracts.
Withdrawals of lands.
Acquisitions of public lands and access over
non-Federal lands to National Forest System units.
Exchanges of public lands or interests therein
within the National Forest System.
Qualifications of conveyees.
Documents of conveyance; terms, covenants,
etc.
Mineral interests; reservation and conveyance requirements and procedures.
Coordination by Secretary of the Interior
with State and local governments.
Conveyances of public lands to States, local
governments, etc.
Sale of public lands subject to unintentional
trespass.
Temporary revocation authority.

1752.
1753.

Grazing fees; feasibility study; contents; submission of report; annual distribution and
use of range betterment funds; nature of
distributions.
Grazing leases and permits.
Grazing advisory boards.
SUBCHAPTER V—RIGHTS-OF-WAY

CHAPTER 35—FEDERAL LAND POLICY AND
MANAGEMENT
SUBCHAPTER I—GENERAL PROVISIONS
Sec.

1701.
1702.
1703.

Congressional declaration of policy.
Definitions.
Cooperative action and sharing of resources
by Secretaries of the Interior and Agriculture.

1761.
1762.
1763.
1764.
1765.
1766.
1767.

Grant, issue, or renewal of rights-of-way.
Roads.
Right-of-way corridors; criteria and procedures applicable for designation.
General requirements.
Terms and conditions.
Suspension or termination; grounds; procedures applicable.
Rights-of-way for Federal departments and
agencies.

§ 1701

TITLE 43—PUBLIC LANDS

Sec.

1768.

Conveyance of lands covered by right-of-way;
terms and conditions.
1769.
Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way for railroad and appurtenant communication facilities; applicability of existing terms and
conditions.
1770.
Applicability of provisions to other Federal
laws.
1771.
Coordination of applications.
SUBCHAPTER VI—DESIGNATED MANAGEMENT
AREAS
1781.
1781a.
1782.
1783.
1784.
1785.
1786.
1787.

California Desert Conservation Area.
Acceptance of donation of certain existing
permits or leases.
Bureau of Land Management Wilderness
Study.
Yaquina Head Outstanding Natural Area.
Lands in Alaska; designation as wilderness;
management by Bureau of Land Management pending Congressional action.
Fossil Forest Research Natural Area.
Piedras Blancas Historic Light Station.
Jupiter Inlet Lighthouse Outstanding Natural
Area.

SUBCHAPTER I—GENERAL PROVISIONS
§ 1701. Congressional declaration of policy
(a) The Congress declares that it is the policy
of the United States that—
(1) the public lands be retained in Federal
ownership, unless as a result of the land use
planning procedure provided for in this Act, it
is determined that disposal of a particular parcel will serve the national interest;
(2) the national interest will be best realized
if the public lands and their resources are periodically and systematically inventoried and
their present and future use is projected
through a land use planning process coordinated with other Federal and State planning
efforts;
(3) public lands not previously designated for
any specific use and all existing classifications
of public lands that were effected by executive
action or statute before October 21, 1976, be reviewed in accordance with the provisions of
this Act;
(4) the Congress exercise its constitutional
authority to withdraw or otherwise designate
or dedicate Federal lands for specified purposes and that Congress delineate the extent
to which the Executive may withdraw lands
without legislative action;
(5) in administering public land statutes and
exercising discretionary authority granted by
them, the Secretary be required to establish
comprehensive rules and regulations after considering the views of the general public; and to
structure adjudication procedures to assure
adequate third party participation, objective
administrative review of initial decisions, and
expeditious decisionmaking;
(6) judicial review of public land adjudication decisions be provided by law;
(7) goals and objectives be established by law
as guidelines for public land use planning, and
that management be on the basis of multiple
use and sustained yield unless otherwise specified by law;
(8) the public lands be managed in a manner
that will protect the quality of scientific, sce-

Page 492

nic, historical, ecological, environmental, air
and atmospheric, water resource, and archeological values; that, where appropriate, will
preserve and protect certain public lands in
their natural condition; that will provide food
and habitat for fish and wildlife and domestic
animals; and that will provide for outdoor
recreation and human occupancy and use;
(9) the United States receive fair market
value of the use of the public lands and their
resources unless otherwise provided for by
statute;
(10) uniform procedures for any disposal of
public land, acquisition of non-Federal land
for public purposes, and the exchange of such
lands be established by statute, requiring each
disposal, acquisition, and exchange to be consistent with the prescribed mission of the department or agency involved, and reserving to
the Congress review of disposals in excess of a
specified acreage;
(11) regulations and plans for the protection
of public land areas of critical environmental
concern be promptly developed;
(12) the public lands be managed in a manner
which recognizes the Nation’s need for domestic sources of minerals, food, timber, and fiber
from the public lands including implementation of the Mining and Minerals Policy Act of
1970 (84 Stat. 1876, 30 U.S.C. 21a) as it pertains
to the public lands; and
(13) the Federal Government should, on a
basis equitable to both the Federal and local
taxpayer, provide for payments to compensate
States and local governments for burdens created as a result of the immunity of Federal
lands from State and local taxation.
(b) The policies of this Act shall become effective only as specific statutory authority for
their implementation is enacted by this Act or
by subsequent legislation and shall then be construed as supplemental to and not in derogation
of the purposes for which public lands are administered under other provisions of law.
(Pub. L. 94–579, title I, § 102, Oct. 21, 1976, 90 Stat.
2744.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(1), (3) and (b), is
Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended,
known as the Federal Land Policy and Management
Act of 1976. For complete classification of this Act to
the Code, see Tables.
The Mining and Minerals Policy Act of 1970, referred
to in subsec. (a)(12), is Pub. L. 91–631, Dec. 31, 1970, 84
Stat. 1876, which is classified to section 21a of Title 30,
Mineral Lands and Mining.
SHORT TITLE OF 2009 AMENDMENT
Pub. L. 111–88, div. A, title V, § 501, Oct. 30, 2009, 123
Stat. 2968, provided that: ‘‘This title [enacting sections
1748a and 1748b of this title] may be cited as the ‘Federal Land Assistance, Management, and Enhancement
Act of 2009’ or ‘FLAME Act of 2009’.’’
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100–409, § 1, Aug. 20, 1988, 102 Stat. 1086, provided that: ‘‘This Act [enacting section 1723 of this
title, amending section 1716 of this title and sections
505a, 505b, and 521b of Title 16, Conservation, and enacting provisions set out as notes under sections 751 and
1716 of this title] may be cited as the ‘Federal Land Exchange Facilitation Act of 1988’.’’

Page 493

§ 1702

TITLE 43—PUBLIC LANDS
SHORT TITLE

Pub. L. 94–579, title I, § 101, Oct. 21, 1976, 90 Stat. 2744,
provided that: ‘‘This Act [see Tables for classification]
may be cited as the ‘Federal Land Policy and Management Act of 1976’.’’

local governments under the Granger-Thye Act (64
Stat. 85, 16 U.S.C. 580h), under the Act of May 23, 1908
(35 Stat. 260, as amended; 16 U.S.C. 500), under the Act
of March 4, 1913 (37 Stat. 843, as amended; 16 U.S.C. 501),
and under the Act of June 20, 1910 (36 Stat. 557).’’

SAVINGS PROVISION

SEVERABILITY

Pub. L. 94–579, title VII, § 701, Oct. 21, 1976, 90 Stat.
2786, provided that:
‘‘(a) Nothing in this Act, or in any amendment made
by this Act [see Short Title note above], shall be construed as terminating any valid lease, permit, patent,
right-of-way, or other land use right or authorization
existing on the date of approval of this Act [Oct. 21,
1976].
‘‘(b) Notwithstanding any provision of this Act, in
the event of conflict with or inconsistency between this
Act and the Acts of August 28, 1937 (50 Stat. 874; 43
U.S.C. 1181a–1181j [1181a et seq., see Tables for classification]) and May 24, 1939 (53 Stat. 753), insofar as they
relate to management of timber resources, and disposition of revenues from lands and resources, the latter
Acts shall prevail.
‘‘(c) All withdrawals, reservations, classifications,
and designations in effect as of the date of approval of
this Act shall remain in full force and effect until
modified under the provisions of this Act or other applicable law.
‘‘(d) Nothing in this Act, or in any amendments made
by this Act, shall be construed as permitting any person to place, or allow to be placed, spent oil shale, overburden, or byproducts from the recovery of other minerals found with oil shale, on any Federal land other
than Federal land which has been leased for the recovery of shale oil under the Act of February 25, 1920 (41
Stat. 437, as amended; 30 U.S.C. 181 et seq.).
‘‘(e) Nothing in this Act shall be construed as modifying, revoking, or changing any provision of the Alaska
Native Claims Settlement Act (85 Stat. 688, as amended; 43 U.S.C. 1601 et seq.).
‘‘(f) Nothing in this Act shall be deemed to repeal any
existing law by implication.
‘‘(g) Nothing in this Act shall be construed as limiting or restricting the power and authority of the
United States or—
‘‘(1) as affecting in any way any law governing appropriation or use of, or Federal right to, water on
public lands;
‘‘(2) as expanding or diminishing Federal or State
jurisdiction, responsibility, interests, or rights in
water resources development or control;
‘‘(3) as displacing, superseding, limiting, or modifying any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more States or of two or more
States and the Federal Government;
‘‘(4) as superseding, modifying, or repealing, except
as specifically set forth in this Act, existing laws applicable to the various Federal agencies which are authorized to develop or participate in the development
of water resources or to exercise licensing or regulatory functions in relation thereto;
‘‘(5) as modifying the terms of any interstate compact;
‘‘(6) as a limitation upon any State criminal statute or upon the police power of the respective States,
or as derogating the authority of a local police officer
in the performance of his duties, or as depriving any
State or political subdivision thereof of any right it
may have to exercise civil and criminal jurisdiction
on the national resource lands; or as amending, limiting, or infringing the existing laws providing grants
of lands to the States.
‘‘(h) All actions by the Secretary concerned under
this Act shall be subject to valid existing rights.
‘‘(i) The adequacy of reports required by this Act to
be submitted to the Congress or its committees shall
not be subject to judicial review.
‘‘(j) Nothing in this Act shall be construed as affecting the distribution of livestock grazing revenues to

Pub. L. 94–579, title VII, § 707, Oct. 21, 1976, 90 Stat.
2794, provided that: ‘‘If any provision of this Act [see
Short Title note set out above] or the application
thereof is held invalid, the remainder of the Act and
the application thereof shall not be affected thereby.’’
EXISTING RIGHTS-OF-WAY
Pub. L. 94–579, title VII, § 706(b), Oct. 21, 1976, 90 Stat.
2794, provided that: ‘‘Nothing in section 706(a) [see
Tables for classification], except as it pertains to
rights-of-way, may be construed as affecting the authority of the Secretary of Agriculture under the Act
of June 4, 1897 (30 Stat. 35, as amended, 16 U.S.C. 551);
the Act of July 22, 1937 (50 Stat. 525, as amended, 7
U.S.C. 1010–1212); or the Act of September 3, 1954 (68
Stat. 1146, 43 U.S.C. 931c).’’

§ 1702. Definitions
Without altering in any way the meaning of
the following terms as used in any other statute,
whether or not such statute is referred to in, or
amended by, this Act, as used in this Act—
(a) The term ‘‘areas of critical environmental
concern’’ means areas within the public lands
where special management attention is required
(when such areas are developed or used or where
no development is required) to protect and prevent irreparable damage to important historic,
cultural, or scenic values, fish and wildlife resources or other natural systems or processes, or
to protect life and safety from natural hazards.
(b) The term ‘‘holder’’ means any State or
local governmental entity, individual, partnership, corporation, association, or other business
entity receiving or using a right-of-way under
subchapter V of this chapter.
(c) The term ‘‘multiple use’’ means the management of the public lands and their various resource values so that they are utilized in the
combination that will best meet the present and
future needs of the American people; making the
most judicious use of the land for some or all of
these resources or related services over areas
large enough to provide sufficient latitude for
periodic adjustments in use to conform to
changing needs and conditions; the use of some
land for less than all of the resources; a combination of balanced and diverse resource uses
that takes into account the long-term needs of
future generations for renewable and nonrenewable resources, including, but not limited to,
recreation, range, timber, minerals, watershed,
wildlife and fish, and natural scenic, scientific
and historical values; and harmonious and coordinated management of the various resources
without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative values of the resources and not necessarily
to the combination of uses that will give the
greatest economic return or the greatest unit
output.
(d) The term ‘‘public involvement’’ means the
opportunity for participation by affected citizens in rulemaking, decisionmaking, and planning with respect to the public lands, including

§ 1703

TITLE 43—PUBLIC LANDS

public meetings or hearings held at locations
near the affected lands, or advisory mechanisms,
or such other procedures as may be necessary to
provide public comment in a particular instance.
(e) The term ‘‘public lands’’ means any land
and interest in land owned by the United States
within the several States and administered by
the Secretary of the Interior through the Bureau of Land Management, without regard to
how the United States acquired ownership, except—
(1) lands located on the Outer Continental
Shelf; and
(2) lands held for the benefit of Indians,
Aleuts, and Eskimos.
(f) The term ‘‘right-of-way’’ includes an easement, lease, permit, or license to occupy, use, or
traverse public lands granted for the purpose
listed in subchapter V of this chapter.
(g) The term ‘‘Secretary’’, unless specifically
designated otherwise, means the Secretary of
the Interior.
(h) The term ‘‘sustained yield’’ means the
achievement and maintenance in perpetuity of a
high-level annual or regular periodic output of
the various renewable resources of the public
lands consistent with multiple use.
(i) The term ‘‘wilderness’’ as used in section
1782 of this title shall have the same meaning as
it does in section 1131(c) of title 16.
(j) The term ‘‘withdrawal’’ means withholding
an area of Federal land from settlement, sale,
location, or entry, under some or all of the general land laws, for the purpose of limiting activities under those laws in order to maintain other
public values in the area or reserving the area
for a particular public purpose or program; or
transferring jurisdiction over an area of Federal
land, other than ‘‘property’’ governed by the
Federal Property and Administrative Services
Act, as amended (40 U.S.C. 472) 1 from one department, bureau or agency to another department, bureau or agency.
(k) An ‘‘allotment management plan’’ means a
document prepared in consultation with the lessees or permittees involved, which applies to
livestock operations on the public lands or on
lands within National Forests in the eleven contiguous Western States and which:
(1) prescribes the manner in, and extent to,
which livestock operations will be conducted
in order to meet the multiple-use, sustainedyield, economic and other needs and objectives
as determined for the lands by the Secretary
concerned; and
(2) describes the type, location, ownership,
and general specifications for the range improvements to be installed and maintained on
the lands to meet the livestock grazing and
other objectives of land management; and
(3) contains such other provisions relating to
livestock grazing and other objectives found
by the Secretary concerned to be consistent
with the provisions of this Act and other applicable law.
(l) The term ‘‘principal or major uses’’ includes, and is limited to, domestic livestock
1 See

References in Text note below.

Page 494

grazing, fish and wildlife development and utilization, mineral exploration and production,
rights-of-way, outdoor recreation, and timber
production.
(m) The term ‘‘department’’ means a unit of
the executive branch of the Federal Government
which is headed by a member of the President’s
Cabinet and the term ‘‘agency’’ means a unit of
the executive branch of the Federal Government
which is not under the jurisdiction of a head of
a department.
(n) The term ‘‘Bureau 2 means the Bureau of
Land Management.
(o) The term ‘‘eleven contiguous Western
States’’ means the States of Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico,
Oregon, Utah, Washington, and Wyoming.
(p) The term ‘‘grazing permit and lease’’
means any document authorizing use of public
lands or lands in National Forests in the eleven
contiguous western States for the purpose of
grazing domestic livestock.
(Pub. L. 94–579, title I, § 103, Oct. 21, 1976, 90 Stat.
2745.)
REFERENCES IN TEXT
This Act, referred to in the opening par. and in subsec. (k), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as
amended, known as the Federal Land Policy and Management Act of 1976. For complete classification of this
Act to the Code, see Tables.
The Federal Property and Administrative Services
Act of 1949, referred to in subsec. (j), is act June 30,
1949, ch. 288, 63 Stat. 377, which was substantially repealed and restated in chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C of
subtitle I of Title 41, Public Contracts, by Pub. L.
107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, which
Act enacted Title 40, and Pub. L. 111–350, §§ 3, 7(b), Jan.
4, 2011, 124 Stat. 3677, 3855, which Act enacted Title 41.
For complete classification of this Act to the Code, see
Short Title of 1949 Act note set out under section 101 of
Title 41 and Tables. For disposition of sections of
former Titles 40 and 41, see Disposition Tables preceding section 101 of Title 40 and section 101 of Title 41.

§ 1703. Cooperative action and sharing of resources by Secretaries of the Interior and
Agriculture
In fiscal year 2012 and each fiscal year thereafter, the Secretaries of the Interior and Agriculture, subject to annual review of Congress,
may establish programs.1 involving the land
management agencies referred to in this section
to conduct projects, planning, permitting, leasing, contracting and other activities, either
jointly or on behalf of one another; may co-locate in Federal offices and facilities leased by an
agency of either Department; and 2 promulgate
special rules as needed to test the feasibility of
issuing unified permits, applications, and leases.
The Secretaries of the Interior and Agriculture
may make reciprocal delegations of their respective authorities, duties and responsibilities
in support of the ‘‘Service First’’ initiative
agency-wide to promote customer service and efficiency. Nothing herein shall alter, expand or
limit the applicability of any public law or regu2 So in original. Probably should be followed by closing
quotation marks.
1 So in original. The period probably should not appear.
2 So in original. Probably should be followed by ‘‘may’’.

Page 495

TITLE 43—PUBLIC LANDS

lation to lands administered by the Bureau of
Land Management, National Park Service, Fish
and Wildlife Service, or the Forest Service. To
facilitate the sharing of resources under the
Service First initiative, the Secretaries of the
Interior and Agriculture may make transfers of
funds and reimbursement of funds on an annual
basis, including transfers and reimbursements
for multi-year projects, except that this authority may not be used to circumvent requirements
and limitations imposed on the use of funds.
(Pub. L. 106–291, title III, § 330, Oct. 11, 2000, 114
Stat. 996; Pub. L. 109–54, title IV, § 428, Aug. 2,
2005, 119 Stat. 555; Pub. L. 111–8, div. E, title IV,
§ 418, Mar. 11, 2009, 123 Stat. 747; Pub. L. 112–74,
div. E, title IV, § 422, Dec. 23, 2011, 125 Stat. 1045.)
CODIFICATION
Section was enacted as part of the Department of the
Interior and Related Agencies Appropriations Act, 2001,
and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
Section was formerly set out as a note under section
1701 of this title.
AMENDMENTS
2011—Pub. L. 112–74 substituted ‘‘In fiscal year 2012
and each fiscal year thereafter’’ for ‘‘In fiscal years 2001
through 2011’’ and ‘‘programs.’’ for ‘‘pilot programs’’.
2009—Pub. L. 111–8 substituted ‘‘2011’’ for ‘‘2008’’.
2005—Pub. L. 109–54 substituted ‘‘2008’’ for ‘‘2005’’,
struck out ‘‘may pilot test agency-wide joint permitting and leasing programs’’ before ‘‘, subject to annual
review’’, inserted ‘‘may establish pilot programs involving the land management agencies referred to in
this section to conduct projects, planning, permitting,
leasing, contracting and other activities, either jointly
or on behalf of one another; may co-locate in Federal
offices and facilities leased by an agency of either Department;’’ after ‘‘Congress,’’, inserted ‘‘, National
Park Service, Fish and Wildlife Service,’’ after ‘‘Bureau
of Land Management’’, and inserted at end ‘‘To facilitate the sharing of resources under the Service First
initiative, the Secretaries of the Interior and Agriculture may make transfers of funds and reimbursement of funds on an annual basis, including transfers
and reimbursements for multi-year projects, except
that this authority may not be used to circumvent requirements and limitations imposed on the use of
funds.’’

SUBCHAPTER II—LAND USE PLANNING
AND LAND ACQUISITION AND DISPOSITION
§ 1711. Continuing inventory and identification
of public lands; preparation and maintenance
(a) The Secretary shall prepare and maintain
on a continuing basis an inventory of all public
lands and their resource and other values (including, but not limited to, outdoor recreation
and scenic values), giving priority to areas of
critical environmental concern. This inventory
shall be kept current so as to reflect changes in
conditions and to identify new and emerging resource and other values. The preparation and
maintenance of such inventory or the identification of such areas shall not, of itself, change or
prevent change of the management or use of
public lands.
(b) As funds and manpower are made available,
the Secretary shall ascertain the boundaries of
the public lands; provide means of public identification thereof including, where appropriate,

§ 1712

signs and maps; and provide State and local governments with data from the inventory for the
purpose of planning and regulating the uses of
non-Federal lands in proximity of such public
lands.
(Pub. L. 94–579, title II, § 201, Oct. 21, 1976, 90
Stat. 2747.)
§ 1712. Land use plans
(a) Development, maintenance, and revision by
Secretary
The Secretary shall, with public involvement
and consistent with the terms and conditions of
this Act, develop, maintain, and, when appropriate, revise land use plans which provide by
tracts or areas for the use of the public lands.
Land use plans shall be developed for the public
lands regardless of whether such lands previously have been classified, withdrawn, set
aside, or otherwise designated for one or more
uses.
(b) Coordination of plans for National Forest
System lands with Indian land use planning
and management programs for purposes of
development and revision
In the development and revision of land use
plans, the Secretary of Agriculture shall coordinate land use plans for lands in the National
Forest System with the land use planning and
management programs of and for Indian tribes
by, among other things, considering the policies
of approved tribal land resource management
programs.
(c) Criteria for development and revision
In the development and revision of land use
plans, the Secretary shall—
(1) use and observe the principles of multiple
use and sustained yield set forth in this and
other applicable law;
(2) use a systematic interdisciplinary approach to achieve integrated consideration of
physical, biological, economic, and other sciences;
(3) give priority to the designation and protection of areas of critical environmental concern;
(4) rely, to the extent it is available, on the
inventory of the public lands, their resources,
and other values;
(5) consider present and potential uses of the
public lands;
(6) consider the relative scarcity of the values involved and the availability of alternative means (including recycling) and sites
for realization of those values;
(7) weigh long-term benefits to the public
against short-term benefits;
(8) provide for compliance with applicable
pollution control laws, including State and
Federal air, water, noise, or other pollution
standards or implementation plans; and
(9) to the extent consistent with the laws
governing the administration of the public
lands, coordinate the land use inventory, planning, and management activities of or for such
lands with the land use planning and management programs of other Federal departments
and agencies and of the States and local governments within which the lands are located,

§ 1712

TITLE 43—PUBLIC LANDS

including, but not limited to, the statewide
outdoor recreation plans developed under the
Act of September 3, 1964 (78 Stat. 897), as
amended [16 U.S.C. 460l–4 et seq.], and of or for
Indian tribes by, among other things, considering the policies of approved State and tribal
land resource management programs. In implementing this directive, the Secretary shall,
to the extent he finds practical, keep apprised
of State, local, and tribal land use plans; assure that consideration is given to those
State, local, and tribal plans that are germane
in the development of land use plans for public
lands; assist in resolving, to the extent practical, inconsistencies between Federal and
non-Federal Government plans, and shall provide for meaningful public involvement of
State and local government officials, both
elected and appointed, in the development of
land use programs, land use regulations, and
land use decisions for public lands, including
early public notice of proposed decisions which
may have a significant impact on non-Federal
lands. Such officials in each State are authorized to furnish advice to the Secretary with
respect to the development and revision of
land use plans, land use guidelines, land use
rules, and land use regulations for the public
lands within such State and with respect to
such other land use matters as may be referred
to them by him. Land use plans of the Secretary under this section shall be consistent
with State and local plans to the maximum
extent he finds consistent with Federal law
and the purposes of this Act.
(d) Review and inclusion of classified public
lands; review of existing land use plans;
modification and termination of classifications
Any classification of public lands or any land
use plan in effect on October 21, 1976, is subject
to review in the land use planning process conducted under this section, and all public lands,
regardless of classification, are subject to inclusion in any land use plan developed pursuant to
this section. The Secretary may modify or terminate any such classification consistent with
such land use plans.
(e) Management decisions for implementation of
developed or revised plans
The Secretary may issue management decisions to implement land use plans developed or
revised under this section in accordance with
the following:
(1) Such decisions, including but not limited
to exclusions (that is, total elimination) of
one or more of the principal or major uses
made by a management decision shall remain
subject to reconsideration, modification, and
termination through revision by the Secretary
or his delegate, under the provisions of this
section, of the land use plan involved.
(2) Any management decision or action pursuant to a management decision that excludes
(that is, totally eliminates) one or more of the
principal or major uses for two or more years
with respect to a tract of land of one hundred
thousand acres or more shall be reported by
the Secretary to the House of Representatives
and the Senate. If within ninety days from the

Page 496

giving of such notice (exclusive of days on
which either House has adjourned for more
than three consecutive days), the Congress
adopts a concurrent resolution of nonapproval
of the management decision or action, then
the management decision or action shall be
promptly terminated by the Secretary. If the
committee to which a resolution has been referred during the said ninety day period, has
not reported it at the end of thirty calendar
days after its referral, it shall be in order to
either discharge the committee from further
consideration of such resolution or to discharge the committee from consideration of
any other resolution with respect to the management decision or action. A motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not be made after
the committee has reported such a resolution),
and debate thereon shall be limited to not
more than one hour, to be divided equally between those favoring and those opposing the
resolution. An amendment to the motion shall
not be in order, and it shall not be in order to
move to reconsider the vote by which the motion was agreed to or disagreed to. If the motion to discharge is agreed to or disagreed to,
the motion may not be made with respect to
any other resolution with respect to the same
management decision or action. When the
committee has reprinted, or has been discharged from further consideration of a resolution, it shall at any time thereafter be in
order (even though a previous motion to the
same effect has been disagreed to) to move to
proceed to the consideration of the resolution.
The motion shall be highly privileged and
shall not be debatable. An amendment to the
motion shall not be in order, and it shall not
be in order to move to reconsider the vote by
which the motion was agreed to or disagreed
to.
(3) Withdrawals made pursuant to section
1714 of this title may be used in carrying out
management decisions, but public lands shall
be removed from or restored to the operation
of the Mining Law of 1872, as amended (R.S.
2318–2352; 30 U.S.C. 21 et seq.) or transferred to
another department, bureau, or agency only
by withdrawal action pursuant to section 1714
of this title or other action pursuant to applicable law: Provided, That nothing in this section shall prevent a wholly owned Government
corporation from acquiring and holding rights
as a citizen under the Mining Law of 1872.
(f) Procedures applicable to formulation of plans
and programs for public land management
The Secretary shall allow an opportunity for
public involvement and by regulation shall establish procedures, including public hearings
where appropriate, to give Federal, State, and
local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans and programs relating to the management of the public
lands.
(Pub. L. 94–579, title II, § 202, Oct. 21, 1976, 90
Stat. 2747.)

Page 497

TITLE 43—PUBLIC LANDS
REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (c)(9), is Pub.
L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, known
as the Federal Land Policy and Management Act of
1976. For complete classification of this Act to the
Code, see Tables.
Act of September 3, 1964, as amended, referred to in
subsec. (c)(9), is Pub. L. 88–578, Sept. 3, 1964, 78 Stat. 897,
as amended, known as the Land and Water Conservation Fund Act of 1965, which is classified generally to
part B (§ 460l–4 et seq.) of subchapter LXIX of chapter 1
of Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under
section 460l–4 of Title 16 and Tables.
The Mining Law of 1872, as amended, referred to in
subsec. (e)(3), is act May 10, 1872, ch. 152, 17 Stat. 91, as
amended, which was incorporated into the Revised
Statutes of 1878 as R.S. §§ 2319 to 2328, 2331, 2333 to 2337,
and 2344, which are classified to sections 22 to 24, 26 to
28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral
Lands and Mining. For complete classification of R.S.
§§ 2318–2352, see Tables.

§ 1713. Sales of public land tracts
(a) Criteria for disposal; excepted lands
A tract of the public lands (except land in
units of the National Wilderness Preservation
System, National Wild and Scenic Rivers Systems, and National System of Trails) may be
sold under this Act where, as a result of land use
planning required under section 1712 of this
title, the Secretary determines that the sale of
such tract meets the following disposal criteria:
(1) such tract because of its location or other
characteristics is difficult and uneconomic to
manage as part of the public lands, and is not
suitable for management by another Federal
department or agency; or
(2) such tract was acquired for a specific purpose and the tract is no longer required for
that or any other Federal purpose; or
(3) disposal of such tract will serve important public objectives, including but not limited to, expansion of communities and economic development, which cannot be achieved
prudently or feasibly on land other than public land and which outweigh other public objectives and values, including, but not limited
to, recreation and scenic values, which would
be served by maintaining such tract in Federal
ownership.
(b) Conveyance of land of agricultural value and
desert in character
Where the Secretary determines that land to
be conveyed under clause (3) of subsection (a) of
this section is of agricultural value and is desert
in character, such land shall be conveyed either
under the sale authority of this section or in accordance with other existing law.
(c) Congressional approval procedures applicable to tracts in excess of two thousand five
hundred acres
Where a tract of the public lands in excess of
two thousand five hundred acres has been designated for sale, such sale may be made only
after the end of the ninety days (not counting
days on which the House of Representatives or
the Senate has adjourned for more than three
consecutive days) beginning on the day the Secretary has submitted notice of such designation
to the Senate and the House of Representatives,

§ 1713

and then only if the Congress has not adopted a
concurrent resolution stating that such House
does not approve of such designation. If the
committee to which a resolution has been referred during the said ninety day period, has not
reported it at the end of thirty calendar days
after its referral, it shall be in order to either
discharge the committee from further consideration of such resolution or to discharge the committee from consideration of any other resolution with respect to the designation. A motion
to discharge may be made only by an individual
favoring the resolution, shall be highly privileged (except that it may not be made after the
committee has reported such a resolution), and
debate thereon shall be limited to not more than
one hour, to be divided equally between those favoring and those opposing the resolution. An
amendment to the motion shall not be in order,
and it shall not be in order to move to reconsider the vote by which the motion was agreed
to or disagreed to. If the motion to discharge is
agreed to or disagreed to, the motion may not
be made with respect to any other resolution
with respect to the same designation. When the
committee has reprinted, or has been discharged
from further consideration of a resolution, it
shall at any time thereafter be in order (even
though a previous motion to the same effect has
been disagreed to) to move to proceed to the
consideration of the resolution. The motion
shall be highly privileged and shall not be debatable. An amendment to the motion shall not be
in order, and it shall not be in order to move to
reconsider the vote by which the motion was
agreed to or disagreed to.
(d) Sale price
Sales of public lands shall be made at a price
not less than their fair market value as determined by the Secretary.
(e) Maximum size of tracts
The Secretary shall determine and establish
the size of tracts of public lands to be sold on
the basis of the land use capabilities and development requirements of the lands; and, where
any such tract which is judged by the Secretary
to be chiefly valuable for agriculture is sold, its
size shall be no larger than necessary to support
a family-sized farm.
(f) Competitive bidding requirements
Sales of public lands under this section shall
be conducted under competitive bidding procedures to be established by the Secretary. However, where the Secretary determines it necessary and proper in order (1) to assure equitable
distribution among purchasers of lands, or (2) to
recognize equitable considerations or public
policies, including but not limited to, a preference to users, he may sell those lands with
modified competitive bidding or without competitive bidding. In recognizing public policies,
the Secretary shall give consideration to the following potential purchasers:
(1) the State in which the land is located;
(2) the local government entities in such
State which are in the vicinity of the land;
(3) adjoining landowners;
(4) individuals; and
(5) any other person.

§ 1714

TITLE 43—PUBLIC LANDS

(g) Acceptance or rejection of offers to purchase
The Secretary shall accept or reject, in writing, any offer to purchase made through competitive bidding at his invitation no later than
thirty days after the receipt of such offer or, in
the case of a tract in excess of two thousand five
hundred acres, at the end of thirty days after
the end of the ninety-day period provided in subsection (c) of this section, whichever is later,
unless the offeror waives his right to a decision
within such thirty-day period. Prior to the expiration of such periods the Secretary may refuse
to accept any offer or may withdraw any land or
interest in land from sale under this section
when he determines that consummation of the
sale would not be consistent with this Act or
other applicable law.
(Pub. L. 94–579, title II, § 203, Oct. 21, 1976, 90
Stat. 2750.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (g), is Pub. L.
94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as
the Federal Land Policy and Management Act of 1976.
For complete classification of this Act to the Code, see
Tables.

§ 1714. Withdrawals of lands
(a) Authorization and limitation; delegation of
authority
On and after the effective date of this Act the
Secretary is authorized to make, modify, extend, or revoke withdrawals but only in accordance with the provisions and limitations of this
section. The Secretary may delegate this withdrawal authority only to individuals in the Office of the Secretary who have been appointed
by the President, by and with the advice and
consent of the Senate.
(b) Application and procedures applicable subsequent to submission of application
(1) Within thirty days of receipt of an application for withdrawal, and whenever he proposes a
withdrawal on his own motion, the Secretary
shall publish a notice in the Federal Register
stating that the application has been submitted
for filing or the proposal has been made and the
extent to which the land is to be segregated
while the application is being considered by the
Secretary. Upon publication of such notice the
land shall be segregated from the operation of
the public land laws to the extent specified in
the notice. The segregative effect of the application shall terminate upon (a) rejection of the application by the Secretary, (b) withdrawal of
lands by the Secretary, or (c) the expiration of
two years from the date of the notice.
(2) The publication provisions of this subsection are not applicable to withdrawals under
subsection (e) hereof.
(c) Congressional approval procedures applicable to withdrawals aggregating five thousand
acres or more
(1) On and after October 21, 1976, a withdrawal
aggregating five thousand acres or more may be
made (or such a withdrawal or any other withdrawal involving in the aggregate five thousand
acres or more which terminates after such date
of approval may be extended) only for a period

Page 498

of not more than twenty years by the Secretary
on his own motion or upon request by a department or agency head. The Secretary shall notify
both Houses of Congress of such a withdrawal no
later than its effective date and the withdrawal
shall terminate and become ineffective at the
end of ninety days (not counting days on which
the Senate or the House of Representatives has
adjourned for more than three consecutive days)
beginning on the day notice of such withdrawal
has been submitted to the Senate and the House
of Representatives, if the Congress has adopted
a concurrent resolution stating that such House
does not approve the withdrawal. If the committee to which a resolution has been referred during the said ninety day period, has not reported
it at the end of thirty calendar days after its referral, it shall be in order to either discharge the
committee from further consideration of such
resolution or to discharge the committee from
consideration of any other resolution with respect to the Presidential recommendation. A
motion to discharge may be made only by an individual favoring the resolution, shall be highly
privileged (except that it may not be made after
the committee has reported such a resolution),
and debate thereon shall be limited to not more
than one hour, to be divided equally between
those favoring and those opposing the resolution. An amendment to the motion shall not be
in order, and it shall not be in order to move to
reconsider the vote by which the motion was
agreed to or disagreed to. If the motion to discharge is agreed to or disagreed to, the motion
may not be made with respect to any other resolution with respect to the same Presidential recommendation. When the committee has reprinted, or has been discharged from further
consideration of a resolution, it shall at any
time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be
highly privileged and shall not be debatable. An
amendment to the motion shall not be in order,
and it shall not be in order to move to reconsider the vote by which the motion was agreed
to or disagreed to.
(2) With the notices required by subsection
(c)(1) of this section and within three months
after filing the notice under subsection (e) of
this section, the Secretary shall furnish to the
committees—
(1) a clear explanation of the proposed use of
the land involved which led to the withdrawal;
(2) an inventory and evaluation of the current natural resource uses and values of the
site and adjacent public and nonpublic land
and how it appears they will be affected by the
proposed use, including particularly aspects of
use that might cause degradation of the environment, and also the economic impact of the
change in use on individuals, local communities, and the Nation;
(3) an identification of present users of the
land involved, and how they will be affected by
the proposed use;
(4) an analysis of the manner in which existing and potential resource uses are incompatible with or in conflict with the proposed use,
together with a statement of the provisions to

Page 499

TITLE 43—PUBLIC LANDS

be made for continuation or termination of existing uses, including an economic analysis of
such continuation or termination;
(5) an analysis of the manner in which such
lands will be used in relation to the specific
requirements for the proposed use;
(6) a statement as to whether any suitable
alternative sites are available (including cost
estimates) for the proposed use or for uses
such a withdrawal would displace;
(7) a statement of the consultation which
has been or will be had with other Federal departments and agencies, with regional, State,
and local government bodies, and with other
appropriate individuals and groups;
(8) a statement indicating the effect of the
proposed uses, if any, on State and local government interests and the regional economy;
(9) a statement of the expected length of
time needed for the withdrawal;
(10) the time and place of hearings and of
other public involvement concerning such
withdrawal;
(11) the place where the records on the withdrawal can be examined by interested parties;
and
(12) a report prepared by a qualified mining
engineer, engineering geologist, or geologist
which shall include but not be limited to information on: general geology, known mineral
deposits, past and present mineral production,
mining claims, mineral leases, evaluation of
future mineral potential, present and potential market demands.
(d) Withdrawals aggregating less than five thousand acres; procedure applicable
A withdrawal aggregating less than five thousand acres may be made under this subsection
by the Secretary on his own motion or upon request by a department or an agency head—
(1) for such period of time as he deems desirable for a resource use; or
(2) for a period of not more than twenty
years for any other use, including but not limited to use for administrative sites, location of
facilities, and other proprietary purposes; or
(3) for a period of not more than five years
to preserve such tract for a specific use then
under consideration by the Congress.
(e) Emergency withdrawals; procedure applicable; duration
When the Secretary determines, or when the
Committee on Natural Resources of the House of
Representatives or the Committee on Energy
and Natural Resources of the Senate notifies the
Secretary, that an emergency situation exists
and that extraordinary measures must be taken
to preserve values that would otherwise be lost,
the Secretary notwithstanding the provisions of
subsections (c)(1) and (d) of this section, shall
immediately make a withdrawal and file notice
of such emergency withdrawal with both of
those Committees. Such emergency withdrawal
shall be effective when made but shall last only
for a period not to exceed three years and may
not be extended except under the provisions of
subsection (c)(1) or (d), whichever is applicable,
and (b)(1) of this section. The information required in subsection (c)(2) of this subsection
shall be furnished the committees within three
months after filing such notice.

§ 1714

(f) Review of existing withdrawals and extensions; procedure applicable to extensions;
duration
All withdrawals and extensions thereof,
whether made prior to or after October 21, 1976,
having a specific period shall be reviewed by the
Secretary toward the end of the withdrawal period and may be extended or further extended
only upon compliance with the provisions of
subsection (c)(1) or (d) of this section, whichever
is applicable, and only if the Secretary determines that the purpose for which the withdrawal
was first made requires the extension, and then
only for a period no longer than the length of
the original withdrawal period. The Secretary
shall report on such review and extensions to
the Committee on Natural Resources of the
House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(g) Processing and adjudication of existing applications
All applications for withdrawal pending on October 21, 1976 shall be processed and adjudicated
to conclusion within fifteen years of October 21,
1976, in accordance with the provisions of this
section. The segregative effect of any application not so processed shall terminate on that
date.
(h) Public hearing required for new withdrawals
All new withdrawals made by the Secretary
under this section (except an emergency withdrawal made under subsection (e) of this section) shall be promulgated after an opportunity
for a public hearing.
(i) Consent for withdrawal of lands under administration of department or agency other than
Department of the Interior
In the case of lands under the administration
of any department or agency other than the Department of the Interior, the Secretary shall
make, modify, and revoke withdrawals only
with the consent of the head of the department
or agency concerned, except when the provisions
of subsection (e) of this section apply.
(j) Applicability of other Federal laws withdrawing lands as limiting authority
The Secretary shall not make, modify, or revoke any withdrawal created by Act of Congress;
make a withdrawal which can be made only by
Act of Congress; modify or revoke any withdrawal creating national monuments under the
Act of June 8, 1906 (34 Stat. 225; 16 U.S.C.
431–433); or modify, or revoke any withdrawal
which added lands to the National Wildlife Refuge System prior to October 21, 1976, or which
thereafter adds lands to that System under the
terms of this Act. Nothing in this Act is intended to modify or change any provision of the
Act of February 27, 1976 (90 Stat. 199; 16 U.S.C.
668dd(a)).
(k) Authorization of appropriations for processing applications
There is hereby authorized to be appropriated
the sum of $10,000,000 for the purpose of processing withdrawal applications pending on the effective date of this Act, to be available until expended.

§ 1714

TITLE 43—PUBLIC LANDS

(l) Review of existing withdrawals in certain
States; procedure applicable for determination of future status of lands; authorization
of appropriations
(1) The Secretary shall, within fifteen years of
October 21, 1976, review withdrawals existing on
October 21, 1976, in the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New
Mexico, Oregon, Utah, Washington, and Wyoming of (1) all Federal lands other than withdrawals of the public lands administered by the
Bureau of Land Management and of lands which,
on October 21, 1976, were part of Indian reservations and other Indian holdings, the National
Forest System, the National Park System, the
National Wildlife Refuge System, other lands
administered by the Fish and Wildlife Service or
the Secretary through the Fish and Wildlife
Service, the National Wild and Scenic Rivers
System, and the National System of Trails; and
(2) all public lands administered by the Bureau
of Land Management and of lands in the National Forest System (except those in wilderness
areas, and those areas formally identified as
primitive or natural areas or designated as national recreation areas) which closed the lands
to appropriation under the Mining Law of 1872
(17 Stat. 91, as amended; 30 U.S.C. 22 et seq.) or
to leasing under the Mineral Leasing Act of 1920
(41 Stat. 437, as amended; 30 U.S.C. 181 et seq.).
(2) In the review required by paragraph (1) of
this subsection, the Secretary shall determine
whether, and for how long, the continuation of
the existing withdrawal of the lands would be, in
his judgment, consistent with the statutory objectives of the programs for which the lands
were dedicated and of the other relevant programs. The Secretary shall report his recommendations to the President, together with
statements of concurrence or nonconcurrence
submitted by the heads of the departments or
agencies which administer the lands. The President shall transmit this report to the President
of the Senate and the Speaker of the House of
Representatives, together with his recommendations for action by the Secretary, or for legislation. The Secretary may act to terminate withdrawals other than those made by Act of the
Congress in accordance with the recommendations of the President unless before the end of
ninety days (not counting days on which the
Senate and the House of Representatives has adjourned for more than three consecutive days)
beginning on the day the report of the President
has been submitted to the Senate and the House
of Representatives the Congress has adopted a
concurrent resolution indicating otherwise. If
the committee to which a resolution has been
referred during the said ninety day period, has
not reported it at the end of thirty calendar
days after its referral, it shall be in order to either discharge the committee from further consideration of such resolution or to discharge the
committee from consideration of any other resolution with respect to the Presidential recommendation. A motion to discharge may be made
only by an individual favoring the resolution,
shall be highly privileged (except that it may
not be made after the committee has reported
such a resolution), and debate thereon shall be
limited to not more than one hour, to be divided

Page 500

equally between those favoring and those opposing the resolution. An amendment to the motion
shall not be in order, and it shall not be in order
to move to reconsider the vote by which the motion was agreed to or disagreed to. If the motion
to discharge is agreed to or disagreed to, the
motion may not be made with respect to any
other resolution with respect to the same Presidential recommendation. When the committee
has reprinted, or has been discharged from further consideration of a resolution, it shall at
any time thereafter be in order (even though a
previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be
highly privileged and shall not be debatable. An
amendment to the motion shall not be in order,
and it shall not be in order to move to reconsider the vote by which the motion was agreed
to or disagreed to.
(3) There are hereby authorized to be appropriated not more than $10,000,000 for the purpose
of paragraph (1) of this subsection to be available until expended to the Secretary and to the
heads of other departments and agencies which
will be involved.
(Pub. L. 94–579, title II, § 204, Oct. 21, 1976, 90
Stat. 2751; Pub. L. 103–437, § 16(d)(1), Nov. 2, 1994,
108 Stat. 4594.)
REFERENCES IN TEXT
On and after the effective date of this Act, referred to
in subsecs. (a) and (k), probably means on and after the
date of enactment of Pub. L. 94–579, which was approved
Oct. 21, 1976.
Act of June 8, 1906, referred to in subsec. (j), is act
June 8, 1906, ch. 3060, 34 Stat. 225, popularly known as
the Antiquities Act of 1906, which is classified generally
to sections 431, 432, and 433 of Title 16, Conservation.
For complete classification of this Act to the Code, see
Short Title note set out under section 431 of Title 16
and Tables.
Act of February 27, 1976 (90 Stat. 199; 16 U.S.C.
668dd(a)), referred to in subsec. (j), is Pub. L. 94–223,
Feb. 27, 1976, 90 Stat. 199, which amended section 668dd
of Title 16. For complete classification of this Act to
the Code, see Tables.
This Act, referred to in subsec. (j), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, as amended, known as the
Federal Land Policy and Management Act of 1976. For
complete classification of this Act to the Code, see
Tables.
The Mining Law of 1872 (17 Stat. 91, as amended; 30
U.S.C. 22 et seq.), referred to in subsec. (l)(1), is act May
10, 1972, ch. 152, 17 Stat. 91, as amended. That act was
incorporated into the Revised Statutes as R.S. §§ 2319 to
2328, 2331, 2333 to 2337, and 2344, which are classified to
sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and
47 of Title 30, Mineral Lands and Mining. For complete
classification of R.S. §§ 2319 to 2328, 2331, 2333 to 2337,
and 2344 to the Code, see Tables.
The Mineral Leasing Act of 1920 (41 Stat. 437, as
amended; 30 U.S.C. 181 et seq.), referred to in subsec.
(l)(1), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the Mineral Leasing Act, which is classified generally to chapter 3A (§ 181 et seq.) of Title 30.
For complete classification of this Act to the Code, see
Short Title note set out under section 181 of Title 30
and Tables.
AMENDMENTS
1994—Subsec. (e). Pub. L. 103–437, § 16(d)(1)(A), substituted ‘‘Committee on Natural Resources of the
House of Representatives or the Committee on Energy
and Natural Resources of the Senate’’ for ‘‘Committee

Page 501

§ 1716

TITLE 43—PUBLIC LANDS

on Interior and Insular Affairs of either the House of
Representatives or the Senate’’ and ‘‘both of those
Committees’’ for ‘‘the Committees on Interior and Insular Affairs of the Senate and the House of Representatives’’.
Subsec. (f). Pub. L. 103–437, § 16(d)(1)(B), substituted
‘‘Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate’’ for ‘‘Committees on Interior
and Insular Affairs of the House of Representatives and
the Senate’’.

§ 1715. Acquisitions of public lands and access
over non-Federal lands to National Forest
System units
(a) Authorization and limitations on authority of
Secretary of the Interior and Secretary of
Agriculture
Notwithstanding any other provisions of law,
the Secretary, with respect to the public lands
and the Secretary of Agriculture, with respect
to the acquisition of access over non-Federal
lands to units of the National Forest System,
are authorized to acquire pursuant to this Act
by purchase, exchange, donation, or eminent domain, lands or interests therein: Provided, That
with respect to the public lands, the Secretary
may exercise the power of eminent domain only
if necessary to secure access to public lands, and
then only if the lands so acquired are confined
to as narrow a corridor as is necessary to serve
such purpose. Nothing in this subsection shall be
construed as expanding or limiting the authority of the Secretary of Agriculture to acquire
land by eminent domain within the boundaries
of units of the National Forest System.
(b) Conformity to departmental policies and
land-use plan of acquisitions
Acquisitions pursuant to this section shall be
consistent with the mission of the department
involved and with applicable departmental landuse plans.
(c) Status of lands and interests in lands upon
acquisition by Secretary of the Interior;
transfers to Secretary of Agriculture of lands
and interests in lands acquired within National Forest System boundaries
Except as provided in subsection (e) of this
section, lands and interests in lands acquired by
the Secretary pursuant to this section or section
1716 of this title shall, upon acceptance of title,
become public lands, and, for the administration
of public land laws not repealed by this Act,
shall remain public lands. If such acquired lands
or interests in lands are located within the exterior boundaries of a grazing district established
pursuant to section 315 of this title, they shall
become a part of that district. Lands and interests in lands acquired pursuant to this section
which are within boundaries of the National
Forest System may be transferred to the Secretary of Agriculture and shall then become National Forest System lands and subject to all
the laws, rules, and regulations applicable thereto.
(d) Status of lands and interests in lands upon
acquisition by Secretary of Agriculture
Lands and interests in lands acquired by the
Secretary of Agriculture pursuant to this section shall, upon acceptance of title, become Na-

tional Forest System lands subject to all the
laws, rules, and regulations applicable thereto.
(e) Status and administration of lands acquired
in exchange for lands revested in or reconveyed to United States
Lands acquired by the Secretary pursuant to
this section or section 1716 of this title in exchange for lands which were revested in the
United States pursuant to the provisions of the
Act of June 9, 1916 (39 Stat. 218) or reconveyed to
the United States pursuant to the provisions of
the Act of February 26, 1919 (40 Stat. 1179), shall
be considered for all purposes to have the same
status as, and shall be administered in accordance with the same provisions of law applicable
to, the revested or reconveyed lands exchanged
for the lands acquired by the Secretary.
(Pub. L. 94–579, title II, § 205, Oct. 21, 1976, 90
Stat. 2755; Pub. L. 99–632, § 5, Nov. 7, 1986, 100
Stat. 3521.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a) and (c), is Pub. L.
94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as
the Federal Land Policy and Management Act of 1976.
For complete classification of this Act to the Code, see
Tables.
Act of June 9, 1916, referred to in subsec. (e), is not
classified to the Code.
Act of February 26, 1919, referred to in subsec. (e), is
act Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is not classified to the Code.
AMENDMENTS
1986—Subsec. (c). Pub. L. 99–632, § 5(1), inserted exception relating to subsec. (e).
Subsec. (e). Pub. L. 99–632, § 5(2), added subsec. (e).

§ 1716. Exchanges of public lands or interests
therein within the National Forest System
(a) Authorization and limitations on authority of
Secretary of the Interior and Secretary of
Agriculture
A tract of public land or interests therein may
be disposed of by exchange by the Secretary
under this Act and a tract of land or interests
therein within the National Forest System may
be disposed of by exchange by the Secretary of
Agriculture under applicable law where the Secretary concerned determines that the public interest will be well served by making that exchange: Provided, That when considering public
interest the Secretary concerned shall give full
consideration to better Federal land management and the needs of State and local people, including needs for lands for the economy, community expansion, recreation areas, food, fiber,
minerals, and fish and wildlife and the Secretary
concerned finds that the values and the objectives which Federal lands or interests to be conveyed may serve if retained in Federal ownership are not more than the values of the nonFederal lands or interests and the public objectives they could serve if acquired.
(b) Implementation requirements; cash equalization waiver
In exercising the exchange authority granted
by subsection (a) of this section or by section
1715(a) of this title, the Secretary concerned
may accept title to any non-Federal land or in-

§ 1716

TITLE 43—PUBLIC LANDS

terests therein in exchange for such land, or interests therein which he finds proper for transfer
out of Federal ownership and which are located
in the same State as the non-Federal land or interest to be acquired. For the purposes of this
subsection, unsurveyed school sections which,
upon survey by the Secretary, would become
State lands, shall be considered as ‘‘non-Federal
lands’’. The values of the lands exchanged by the
Secretary under this Act and by the Secretary
of Agriculture under applicable law relating to
lands within the National Forest System either
shall be equal, or if they are not equal, the values shall be equalized by the payment of money
to the grantor or to the Secretary concerned as
the circumstances require so long as payment
does not exceed 25 per centum of the total value
of the lands or interests transferred out of Federal ownership. The Secretary concerned and
the other party or parties involved in the exchange may mutually agree to waive the requirement for the payment of money to equalize
values where the Secretary concerned determines that the exchange will be expedited thereby and that the public interest will be better
served by such a waiver of cash equalization
payments and where the amount to be waived is
no more than 3 per centum of the value of the
lands being transferred out of Federal ownership
or $15,000, whichever is less, except that the Secretary of Agriculture shall not agree to waive
any such requirement for payment of money to
the United States. The Secretary concerned
shall try to reduce the amount of the payment
of money to as small an amount as possible.
(c) Status of lands acquired upon exchange by
Secretary of the Interior
Lands acquired by the Secretary by exchange
under this section which are within the boundaries of any unit of the National Forest System,
National Park System, National Wildlife Refuge
System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, or any other system
established by Act of Congress, or the boundaries of the California Desert Conservation
Area, or the boundaries of any national conservation area or national recreation area established by Act of Congress, upon acceptance of
title by the United States shall immediately be
reserved for and become a part of the unit or
area within which they are located, without further action by the Secretary, and shall thereafter be managed in accordance with all laws,
rules, and regulations applicable to such unit or
area.
(d) Appraisal of land; submission to arbitrator;
determination to proceed or withdraw from
exchange; use of other valuation process;
suspension of deadlines
(1) No later than ninety days after entering
into an agreement to initiate an exchange of
land or interests therein pursuant to this Act or
other applicable law, the Secretary concerned
and other party or parties involved in the exchange shall arrange for appraisal (to be completed within a time frame and under such
terms as are negotiated by the parties) of the
lands or interests therein involved in the exchange in accordance with subsection (f) of this
section.

Page 502

(2) If within one hundred and eighty days after
the submission of an appraisal or appraisals for
review and approval by the Secretary concerned,
the Secretary concerned and the other party or
parties involved cannot agree to accept the findings of an appraisal or appraisals, the appraisal
or appraisals shall be submitted to an arbitrator
appointed by the Secretary from a list of arbitrators submitted to him by the American Arbitration Association for arbitration to be conducted in accordance with the real estate valuation arbitration rules of the American Arbitration Association. Such arbitration shall be binding for a period of not to exceed two years on
the Secretary concerned and the other party or
parties involved in the exchange insofar as concerns the value of the lands which were the subject of the appraisal or appraisals.
(3) Within thirty days after the completion of
the arbitration, the Secretary concerned and the
other party or parties involved in the exchange
shall determine whether to proceed with the exchange, modify the exchange to reflect the findings of the arbitration or any other factors, or
to withdraw from the exchange. A decision to
withdraw from the exchange may be made by either the Secretary concerned or the other party
or parties involved.
(4) Instead of submitting the appraisal to an
arbitrator, as provided in paragraph (2) of this
section, the Secretary concerned and the other
party or parties involved in an exchange may
mutually agree to employ a process of bargaining or some other process to determine the values of the properties involved in the exchange.
(5) The Secretary concerned and the other
party or parties involved in an exchange may
mutually agree to suspend or modify any of the
deadlines contained in this subsection.
(e) Simultaneous issue of patents or titles
Unless mutually agreed otherwise by the Secretary concerned and the other party or parties
involved in an exchange pursuant to this Act or
other applicable law, all patents or titles to be
issued for land or interests therein to be acquired by the Federal Government and lands or
interest therein to be transferred out of Federal
ownership shall be issued simultaneously after
the Secretary concerned has taken any necessary steps to assure that the United States
will receive acceptable title.
(f) New rules and regulations; appraisal rules
and regulations; ‘‘costs and other responsibilities or requirements’’ defined
(1) Within one year after August 20, 1988, the
Secretaries of the Interior and Agriculture shall
promulgate new and comprehensive rules and
regulations governing exchanges of land and interests therein pursuant to this Act and other
applicable law. Such rules and regulations shall
fully reflect the changes in law made by subsections (d) through (i) of this section and shall
include provisions pertaining to appraisals of
lands and interests therein involved in such exchanges.
(2) The provisions of the rules and regulations
issued pursuant to paragraph (1) of this subsection governing appraisals shall reflect nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Ap-

Page 503

TITLE 43—PUBLIC LANDS

praisal Standards for Federal Land Acquisitions:
Provided, however, That the provisions of such
rules and regulations shall—
(A) ensure that the same nationally approved appraisal standards are used in appraising lands or interest therein being acquired by
the Federal Government and appraising lands
or interests therein being transferred out of
Federal ownership; and
(B) with respect to costs or other responsibilities or requirements associated with land
exchanges—
(i) recognize that the parties involved in
an exchange may mutually agree that one
party (or parties) will assume, without compensation, all or part of certain costs or
other responsibilities or requirements ordinarily borne by the other party or parties;
and
(ii) also permit the Secretary concerned,
where such Secretary determines it is in the
public interest and it is in the best interest
of consummating an exchange pursuant to
this Act or other applicable law, and upon
mutual agreement of the parties, to make
adjustments to the relative values involved
in an exchange transaction in order to compensate a party or parties to the exchange
for assuming costs or other responsibilities
or requirements which would ordinarily be
borne by the other party or parties.
As used in this subparagraph, the term ‘‘costs
or other responsibilities or requirements’’ shall
include, but not be limited to, costs or other requirements associated with land surveys and appraisals, mineral examinations, title searches,
archeological surveys and salvage, removal of
encumbrances, arbitration pursuant to subsection (d) of this section, curing deficiencies
preventing highest and best use, and other costs
to comply with laws, regulations and policies
applicable to exchange transactions, or which
are necessary to bring the Federal or non-Federal lands or interests involved in the exchange
to their highest and best use for the appraisal
and exchange purposes. Prior to making any adjustments pursuant to this subparagraph, the
Secretary concerned shall be satisfied that the
amount of such adjustment is reasonable and accurately reflects the approximate value of any
costs or services provided or any responsibilities
or requirements assumed.
(g) Exchanges to proceed under existing laws
and regulations pending new rules and regulations
Until such time as new and comprehensive
rules and regulations governing exchange of
land and interests therein are promulgated pursuant to subsection (f) of this section, land exchanges may proceed in accordance with existing laws and regulations, and nothing in the Act
shall be construed to require any delay in, or
otherwise hinder, the processing and consummation of land exchanges pending the promulgation of such new and comprehensive rules and
regulations. Where the Secretary concerned and
the party or parties involved in an exchange
have agreed to initiate an exchange of land or
interests therein prior to the day of enactment
of such subsections, subsections (d) through (i)

§ 1716

of this section shall not apply to such exchanges
unless the Secretary concerned and the party or
parties involved in the exchange mutually agree
otherwise.
(h) Exchange of lands or interests of approximately equal value; conditions; ‘‘approximately equal value’’ defined
(1) Notwithstanding the provisions of this Act
and other applicable laws which require that exchanges of land or interests therein be for equal
value, where the Secretary concerned determines it is in the public interest and that the
consummation of a particular exchange will be
expedited thereby, the Secretary concerned may
exchange lands or interests therein which are of
approximately equal value in cases where—
(A) the combined value of the lands or interests therein to be transferred from Federal
ownership by the Secretary concerned in such
exchange is not more than $150,000; and
(B) the Secretary concerned finds in accordance with the regulations to be promulgated
pursuant to subsection (f) of this section that
a determination of approximately equal value
can be made without formal appraisals, as
based on a statement of value made by a qualified appraiser and approved by an authorized
officer; and
(C) the definition of and procedure for determining ‘‘approximately equal value’’ has been
set forth in regulations by the Secretary concerned and the Secretary concerned documents how such determination was made in
the case of the particular exchange involved.
(2) As used in this subsection, the term ‘‘approximately equal value’’ shall have the same
meaning with respect to lands managed by the
Secretary of Agriculture as it does in the Act of
January 22, 1983 (commonly known as the
‘‘Small Tracts Act’’).
(i) Segregation from appropriation under mining
and public land laws
(1) Upon receipt of an offer to exchange lands
or interests in lands pursuant to this Act or
other applicable laws, at the request of the head
of the department or agency having jurisdiction
over the lands involved, the Secretary of the Interior may temporarily segregate the Federal
lands under consideration for exchange from appropriation under the mining laws. Such temporary segregation may only be made for a period of not to exceed five years. Upon a decision
not to proceed with the exchange or upon deletion of any particular parcel from the exchange
offer, the Federal lands involved or deleted shall
be promptly restored to their former status
under the mining laws. Any segregation pursuant to this paragraph shall be subject to valid
existing rights as of the date of such segregation.
(2) All non-Federal lands which are acquired
by the United States through exchange pursuant
to this Act or pursuant to other law applicable
to lands managed by the Secretary of Agriculture shall be automatically segregated from
appropriation under the public land law, including the mining laws, for ninety days after acceptance of title by the United States. Such segregation shall be subject to valid existing rights

§ 1717

TITLE 43—PUBLIC LANDS

as of the date of such acceptance of title. At the
end of such ninety day period, such segregation
shall end and such lands shall be open to operation of the public land laws and to entry, location, and patent under the mining laws except to
the extent otherwise provided by this Act or
other applicable law, or appropriate actions pursuant thereto.
(Pub. L. 94–579, title II, § 206, Oct. 21, 1976, 90
Stat. 2756; Pub. L. 100–409, §§ 3, 9, Aug. 20, 1988,
102 Stat. 1087, 1092.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a), (b), (d)(1), (e),
(f)(1), (2)(B)(ii), (g), (h)(1), and (i), is Pub. L. 94–579, Oct.
21, 1976, 90 Stat. 2743, as amended, known as the Federal
Land Policy and Management Act of 1976. For complete
classification of this Act to the Code, see Tables.
Act of January 22, 1983 (commonly known as the
‘‘Small Tracts Act’’), referred to in subsec. (h)(2), is
Pub. L. 97–465, Jan. 12, 1983, 96 Stat. 2535, which enacted
sections 521c to 521i of Title 16, Conservation, and
amended section 484a of Title 16. For complete classification of this Act to the Code, see Tables.

Page 504

vide a basic framework and authority for land exchanges involving lands under the jurisdiction of the
Secretary of the Interior and the Secretary of Agriculture; and
‘‘(4) such existing laws are in need of certain revisions to streamline and facilitate land exchange procedures and expedite exchanges.
‘‘(b) PURPOSES.—The purposes of this Act [see Short
Title of 1988 Amendment note set out under section 1701
of this title] are:
‘‘(1) to facilitate and expedite land exchanges pursuant to the Federal Land Policy and Management
Act of 1976 and other laws applicable to exchanges involving lands managed by the Departments of the Interior and Agriculture by—
‘‘(A) providing more uniform rules and regulations pertaining to land appraisals which reflect nationally recognized appraisal standards; and
‘‘(B) establishing procedures and guidelines for
the resolution of appraisal disputes.[;]
‘‘(2) to provide sufficient resources to the Secretaries of the Interior and Agriculture to ensure that
land exchange activities can proceed consistent with
the public interest; and
‘‘(3) to require a study and report concerning improvements in the handling of certain information related to Federal and other lands.’’

AMENDMENTS

LAND EXCHANGE FUNDING AUTHORIZATION

1988—Subsec. (b). Pub. L. 100–409, § 3(b), inserted ‘‘concerned’’ after ‘‘Secretary’’ in first sentence.
Pub. L. 100–409, § 9, inserted provision relating to
waiver of cash equalization payments.
Subsec. (c). Pub. L. 100–409, § 3(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ‘‘Lands acquired by exchange under this section
by the Secretary which are within the boundaries of
the National Forest System may be transferred to the
Secretary of Agriculture and shall then become National Forest System lands and subject to all the laws,
rules, and regulations applicable to the National Forest
System. Lands acquired by exchange by the Secretary
under this section which are within the boundaries of
National Park, Wildlife Refuge, Wild and Scenic Rivers,
Trails, or any other System established by Act of Congress may be transferred to the appropriate agency
head for administration as part of such System and in
accordance with the laws, rules, and regulations applicable to such System.’’
Subsecs. (d) to (i). Pub. L. 100–409, § 3(a), added subsecs. (d) to (i).

Pub. L. 100–409, § 4, Aug. 20, 1988, 102 Stat. 1090, provided that: ‘‘In order to ensure that there are increased
funds and personnel available to the Secretaries of the
Interior and Agriculture to consider, process, and consummate land exchanges pursuant to the Federal Land
Policy and Management Act of 1976 [Pub. L. 94–579, see
Short Title note set out under section 1701 of this title]
and other applicable law, there are hereby authorized
to be appropriated for fiscal years 1989 through 1998 an
annual amount not to exceed $4,000,000 which shall be
used jointly or divided among the Secretaries as they
determine appropriate for the consideration, processing, and consummation of land exchanges pursuant to
the Federal Land Policy and Management Act of 1976,
as amended, and other applicable law. Such moneys are
expressly intended by Congress to be in addition to, and
not offset against, moneys otherwise annually requested by the Secretaries, and appropriated by Congress for land exchange purposes.’’

CONGRESSIONAL STATEMENT OF FINDINGS AND
PURPOSES
Pub. L. 100–409, § 2, Aug. 20, 1988, 102 Stat. 1086, provided that:
‘‘(a) FINDINGS.—The Congress finds and declares
that—
‘‘(1) land exchanges are a very important tool for
Federal and State land managers and private landowners to consolidate Federal, State, and private
holdings of land or interests in land for purposes of
more efficient management and to secure important
objectives including the protection of fish and wildlife habitat and aesthetic values; the enhancement of
recreation opportunities; the consolidation of mineral and timber holdings for more logical and efficient development; the expansion of communities;
the promotion of multiple-use values; and fulfillment
of public needs;
‘‘(2) needs for land ownership adjustments and consolidation consistently outpace available funding for
land purchases by the Federal Government and thereby make land exchanges an increasingly important
method of land acquisition and consolidation for both
Federal and State land managers and private landowners;
‘‘(3) the Federal Land Policy and Management Act
of 1976 [Pub. L. 94–579, see Short Title note set out
under section 1701 of this title] and other laws pro-

SAVINGS PROVISION
Pub. L. 100–409, § 5, Aug. 20, 1988, 102 Stat. 1090, provided that: ‘‘Nothing in this Act [see Short Title of 1988
Amendment note set out under section 1701 of this
title] shall be construed as amending the Alaska Native
Claims Settlement Act (Public Law 92–203, as amended)
[43 U.S.C. 1601 et seq.] or the Alaska National Interest
Lands Conservation Act (Public Law 96–487, as amended) [see Tables for classification] or as enlarging or diminishing the authority with regard to exchanges conferred upon either the Secretary of the Interior or the
Secretary of Agriculture by either such Acts. If any
provision of this Act or the application thereof is held
invalid, the remainder of the Act and the application
thereof shall not be affected thereby. Nothing in this
Act shall be construed to change the discretionary nature of land exchanges or to prohibit the Secretary concerned or any other party or parties involved in a land
exchange from withdrawing from the exchange at any
time, unless the Secretary concerned and the other
party or parties specifically commit otherwise by written agreement.’’

§ 1717. Qualifications of conveyees
No tract of land may be disposed of under this
Act, whether by sale, exchange, or donation, to
any person who is not a citizen of the United
States, or in the case of a corporation, is not
subject to the laws of any State or of the United
States.

Page 505

§ 1721

TITLE 43—PUBLIC LANDS

(Pub. L. 94–579, title II, § 207, Oct. 21, 1976, 90
Stat. 2757.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, known as the Federal
Land Policy and Management Act of 1976. For complete
classification of this Act to the Code, see Tables.

§ 1718. Documents of conveyance; terms, covenants, etc.
The Secretary shall issue all patents or other
documents of conveyance after any disposal authorized by this Act. The Secretary shall insert
in any such patent or other document of conveyance he issues, except in the case of land exchanges, for which the provisions of subsection
1716(b) of this title shall apply, such terms, covenants, conditions, and reservations as he deems
necessary to insure proper land use and protection of the public interest: Provided, That a conveyance of lands by the Secretary, subject to
such terms, covenants, conditions, and reservations, shall not exempt the grantee from compliance with applicable Federal or State law or
State land use plans: Provided further, That the
Secretary shall not make conveyances of public
lands containing terms and conditions which
would, at the time of the conveyance, constitute
a violation of any law or regulation pursuant to
State and local land use plans, or programs.
(Pub. L. 94–579, title II, § 208, Oct. 21, 1976, 90
Stat. 2757.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, known as the Federal
Land Policy and Management Act of 1976. For complete
classification of this Act to the Code, see Tables.

§ 1719. Mineral interests; reservation and conveyance requirements and procedures
(a) All conveyances of title issued by the Secretary, except those involving land exchanges
provided for in section 1716 of this title, shall reserve to the United States all minerals in the
lands, together with the right to prospect for,
mine, and remove the minerals under applicable
law and such regulations as the Secretary may
prescribe, except that if the Secretary makes
the findings specified in subsection (b) of this
section, the minerals may then be conveyed together with the surface to the prospective surface owner as provided in subsection (b) of this
section.
(b)(1) The Secretary, after consultation with
the appropriate department or agency head,
may convey mineral interests owned by the
United States where the surface is or will be in
non-Federal ownership, regardless of which Federal entity may have administered the surface,
if he finds (1) that there are no known mineral
values in the land, or (2) that the reservation of
the mineral rights in the United States is interfering with or precluding appropriate nonmineral development of the land and that such development is a more beneficial use of the land
than mineral development.
(2) Conveyance of mineral interests pursuant
to this section shall be made only to the existing or proposed record owner of the surface,

upon payment of administrative costs and the
fair market value of the interests being conveyed.
(3) Before considering an application for conveyance of mineral interests pursuant to this
section—
(i) the Secretary shall require the deposit by
the applicant of a sum of money which he
deems sufficient to cover administrative costs
including, but not limited to, costs of conducting an exploratory program to determine the
character of the mineral deposits in the land,
evaluating the data obtained under the exploratory program to determine the fair market
value of the mineral interests to be conveyed,
and preparing and issuing the documents of
conveyance: Provided, That, if the administrative costs exceed the deposit, the applicant
shall pay the outstanding amount; and, if the
deposit exceeds the administrative costs, the
applicant shall be given a credit for or refund
of the excess; or
(ii) the applicant, with the consent of the
Secretary, shall have conducted, and submitted to the Secretary the results of, such an exploratory program, in accordance with standards promulgated by the Secretary.
(4) Moneys paid to the Secretary for administrative costs pursuant to this subsection shall
be paid to the agency which rendered the service
and deposited to the appropriation then current.
(Pub. L. 94–579, title II, § 209, Oct. 21, 1976, 90
Stat. 2757.)
§ 1720. Coordination by Secretary of the Interior
with State and local governments
At least sixty days prior to offering for sale or
otherwise conveying public lands under this Act,
the Secretary shall notify the Governor of the
State within which such lands are located and
the head of the governing body of any political
subdivision of the State having zoning or other
land use regulatory jurisdiction in the geographical area within which such lands are located, in order to afford the appropriate body
the opportunity to zone or otherwise regulate,
or change or amend existing zoning or other regulations concerning the use of such lands prior
to such conveyance. The Secretary shall also
promptly notify such public officials of the issuance of the patent or other document of conveyance for such lands.
(Pub. L. 94–579, title II, § 210, Oct. 21, 1976, 90
Stat. 2758.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, known as the Federal
Land Policy and Management Act of 1976. For complete
classification of this Act to the Code, see Tables.

§ 1721. Conveyances of public lands to States,
local governments, etc.
(a) Unsurveyed islands; authorization and limitations on authority
The Secretary is authorized to convey to
States or their political subdivisions under the
Recreation and Public Purposes Act (44 Stat. 741
as amended; 43 U.S.C. 869 et seq.), as amended,

§ 1721

TITLE 43—PUBLIC LANDS

but without regard to the acreage limitations
contained therein, unsurveyed islands determined by the Secretary to be public lands of the
United States. The conveyance of any such island may be made without survey: Provided,
however, That such island may be surveyed at
the request of the applicant State or its political subdivision if such State or subdivision donates money or services to the Secretary for
such survey, the Secretary accepts such money
or services, and such services are conducted pursuant to criteria established by the Director of
the Bureau of Land Management. Any such island so surveyed shall not be conveyed without
approval of such survey by the Secretary prior
to the conveyance.
(b) Omitted lands; authorization and limitations
on authority
(1) The Secretary is authorized to convey to
States and their political subdivisions under the
Recreation and Public Purposes Act [43 U.S.C.
869 to 869–4], but without regard to the acreage
limitations contained therein, lands other than
islands determined by him after survey to be
public lands of the United States erroneously or
fraudulently omitted from the original surveys
(hereinafter referred to as ‘‘omitted lands’’).
Any such conveyance shall not be made without
a survey: Provided, That the prospective recipient may donate money or services to the Secretary for the surveying necessary prior to conveyance if the Secretary accepts such money or
services, such services are conducted pursuant
to criteria established by the Director of the Bureau of Land Management, and such survey is
approved by the Secretary prior to the conveyance.
(2) The Secretary is authorized to convey to
the occupant of any omitted lands which, after
survey, are found to have been occupied and developed for a five-year period prior to January 1,
1975, if the Secretary determines that such conveyance is in the public interest and will serve
objectives which outweigh all public objectives
and values which would be served by retaining
such lands in Federal ownership. Conveyance
under this subparagraph shall be made at not
less than the fair market value of the land, as
determined by the Secretary, and upon payment
in addition of administrative costs, including
the cost of making the survey, the cost of appraisal, and the cost of making the conveyance.
(c) Conformity with land use plans and programs
and coordination with State and local governments of conveyances
(1) No conveyance shall be made pursuant to
this section until the relevant State government, local government, and areawide planning
agency designated pursuant to section 204 of the
Demonstration Cities and Metropolitan Development Act of 1966 (80 Stat. 1255, 1262) [42 U.S.C.
3334] and/or section 6506 of title 31 have notified
the Secretary as to the consistency of such conveyance with applicable State and local government land use plans and programs.
(2) The provisions of section 1720 of this title
shall be applicable to all conveyances under this
section.

Page 506

(d) Applicability of other statutory requirements
for authorized use of conveyed lands
The final sentence of section 1(c) of the Recreation and Public Purposes Act [43 U.S.C. 869(c)]
shall not be applicable to conveyances under
this section.
(e) Limitations on uses of conveyed lands
No conveyance pursuant to this section shall
be used as the basis for determining the baseline
between Federal and State ownership, the
boundary of any State for purposes of determining the extent of a State’s submerged lands or
the line of demarcation of Federal jurisdiction,
or any similar or related purpose.
(f) Applicability to lands within National Forest
System, National Park System, National
Wildlife Refuge System, and National Wild
and Scenic Rivers System
The provisions of this section shall not apply
to any lands within the National Forest System,
defined in the Act of August 17, 1974 (88 Stat. 476;
16 U.S.C. 1601), the National Park System, the
National Wildlife Refuge System, and the National Wild and Scenic Rivers System.
(g) Applicability to other statutory provisions authorizing sale of specific omitted lands
Nothing in this section shall supersede the
provisions of the Act of December 22, 1928 (45
Stat. 1069; 43 U.S.C. 1068), as amended, and the
Act of May 31, 1962 (76 Stat. 89), or any other Act
authorizing the sale of specific omitted lands.
(Pub. L. 94–579, title II, § 211, Oct. 21, 1976, 90
Stat. 2758.)
REFERENCES IN TEXT
The Recreation and Public Purposes Act, referred to
in subsecs. (a) and (b)(1), is act June 14, 1926, ch. 578, 44
Stat. 741, as amended, which is classified to sections 869
to 869–4 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 869 of this title and Tables.
Act of August 17, 1974 (88 Stat. 476; 16 U.S.C. 1601), referred to in subsec. (f), is Pub. L. 93–378, Aug. 17, 1974,
88 Stat. 476, as amended, known as the Forest and
Rangelands Renewable Resources Planning Act of 1974,
which is classified generally to subchapter I (§ 1600 et
seq.) chapter 36 of Title 16, Conservation. The provisions of such Act defining the lands within the National Forest System are set out in section 1609 of Title
16. For complete classification of this Act to the Code,
see Short Title note set out under section 1600 of Title
16 and Tables.
Act of December 22, 1928 (45 Stat. 1069; 43 U.S.C. 1068),
as amended, referred to in subsec. (g), is act Dec. 22,
1928, ch. 47, 45 Stat. 1069, as amended, which is classified
generally to chapter 25A (§ 1068 et seq.) of this title. For
complete classification of this Act to the Code, see
Tables.
Act of May 31, 1962, referred to in subsec. (g), is Pub.
L. 87–469, May 31, 1962, 76 Stat. 89, which is not classified to the Code.
CODIFICATION
In subsec. (c)(1), ‘‘section 6506 of title 31’’ substituted
for ‘‘title IV of the Intergovernmental Cooperation Act
of 1968 (82 Stat. 1098, 1103–4) [42 U.S.C. 4231 et seq.]’’ on
authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money
and Finance.

Page 507

§ 1723

TITLE 43—PUBLIC LANDS

§ 1722. Sale of public lands subject to unintentional trespass
(a) Preference right of contiguous landowners;
offering price
Notwithstanding the provisions of the Act of
September 26, 1968 (82 Stat. 870; 43 U.S.C.
1431–1435), hereinafter called the ‘‘1968 Act’’,
with respect to applications under the 1968 Act
which were pending before the Secretary as of
the effective date of this subsection and which
he approves for sale under the criteria prescribed by the 1968 Act, he shall give the right of
first refusal to those having a preference right
under section 2 of the 1968 Act [43 U.S.C. 1432].
The Secretary shall offer such lands to such
preference right holders at their fair market
value (exclusive of any values added to the land
by such holders and their predecessors in interest) as determined by the Secretary as of September 26, 1973.
(b) Procedures applicable
Within three years after October 21, 1976, the
Secretary shall notify the filers of applications
subject to paragraph (a) of this section whether
he will offer them the lands applied for and at
what price; that is, their fair market value as of
September 26, 1973, excluding any value added to
the lands by the applicants or their predecessors
in interest. He will also notify the President of
the Senate and the Speaker of the House of Representatives of the lands which he has determined not to sell pursuant to paragraph (a) of
this section and the reasons therefor. With respect to such lands which the Secretary determined not to sell, he shall take no other action
to convey those lands or interests in them before the end of ninety days (not counting days
on which the House of Representatives or the
Senate has adjourned for more than three consecutive days) beginning on the date the Secretary has submitted such notice to the Senate
and House of Representatives. If, during that
ninety-day period, the Congress adopts a concurrent resolution stating the length of time such
suspension of action should continue, he shall
continue such suspension for the specified time
period. If the committee to which a resolution
has been referred during the said ninety-day period, has not reported it at the end of thirty calendar days after its referral, it shall be in order
to either discharge the committee from further
consideration of such resolution or to discharge
the committee from consideration of any other
resolution with respect to the suspension of action. A motion to discharge may be made only
by an individual favoring the resolution, shall
be highly privileged (except that it may not be
made after the committee has reported such a
resolution), and debate thereon shall be limited
to not more than one hour, to be divided equally
between those favoring and those opposing the
resolution. An amendment to the motion shall
not be in order, and it shall not be in order to
move to reconsider the vote by which the motion was agreed to or disagreed to. If the motion
to discharge is agreed to or disagreed to, the
motion may not be made with respect to any
other resolution with respect to the same suspension of action. When the committee has re-

printed, or has been discharged from further
consideration of a resolution, it shall at any
time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be
highly privileged and shall not be debatable. An
amendment to the motion shall not be in order,
and it shall not be in order to move to reconsider the vote by which the motion was agreed
to or disagreed to.
(c) Time for processing of applications and sales
Within five years after October 21, 1976, the
Secretary shall complete the processing of all
applications filed under the 1968 Act and hold
sales covering all lands which he has determined
to sell thereunder.
(Pub. L. 94–579, title II, § 214, Oct. 21, 1976, 90
Stat. 2760.)
REFERENCES IN TEXT
Act of September 26, 1968, referred to in subsec. (a), is
Pub. L. 90–516, Sept. 26, 1968, 82 Stat. 870, which was
classified generally to subchapter VII [§ 1431 et seq.] of
chapter 30 of this title, and was omitted from the Code
pursuant to section 1435 of this title, which provided
that the authority granted by that subchapter was to
expire three years from September 26, 1968, with certain
exceptions. For complete classification of this Act to
the Code prior to omission, see Tables.
The effective date of this subsection, referred to in
subsec. (a), probably means the date of the enactment
of such subsection (a) by Pub. L. 94–579, which was approved Oct. 21, 1976.

§ 1723. Temporary revocation authority
(a) Exchange involved
When the sole impediment to consummation
of an exchange of lands or interests therein
(hereinafter referred to as an exchange) determined to be in the public interest, is the inability of the Secretary of the Interior to revoke,
modify, or terminate part or all of a withdrawal
or classification because of the order (or subsequent modification or continuance thereof) of
the United States District Court for the District
of Columbia dated February 10, 1986, in Civil Action No. 85–2238 (National Wildlife Federation v.
Robert E. Burford, et al.), the Secretary of the
Interior is hereby authorized, notwithstanding
such order (or subsequent modification or continuance thereof), to use the authority contained herein, in lieu of other authority provided in this Act including section 1714 of this
title, to revoke, modify, or terminate in whole
or in part, withdrawals or classifications to the
extent deemed necessary by the Secretary to enable the United States to transfer land or interests therein out of Federal ownership pursuant
to an exchange.
(b) Requirements
The authority specified in subsection (a) of
this section may be exercised only in cases
where—
(1) a particular exchange is proposed to be
carried out pursuant to this Act, as amended,
or other applicable law authorizing such an
exchange;
(2) the proposed exchange has been prepared
in compliance with all laws applicable to such
exchange;

§ 1731

TITLE 43—PUBLIC LANDS

(3) the head of each Federal agency managing the lands proposed for such transfer has
submitted to the Secretary of the Interior a
statement of concurrence with the proposed
revocation, modification, or termination;
(4) at least sixty days have elapsed since the
Secretary of the Interior has published in the
Federal Register a notice of the proposed revocation, modification, or termination; and
(5) at least sixty days have elapsed since the
Secretary of the Interior has transmitted to
the Committee on Natural Resources of the
House of Representatives and the Committee
on Energy and Natural Resources of the
United States Senate a report which includes—
(A) a justification for the necessity of exercising such authority in order to complete
an exchange;
(B) an explanation of the reasons why the
continuation of the withdrawal or a classification or portion thereof proposed for revocation, modification, or termination is no
longer necessary for the purposes of the statutory or other program or programs for
which the withdrawal or classification was
made or other relevant programs;
(C) assurances that all relevant documents
concerning the proposed exchange or purchase for which such authority is proposed
to be exercised (including documents related
to compliance with the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et
seq.] and all other applicable provisions of
law) are available for public inspection in
the office of the Secretary concerned located
nearest to the lands proposed for transfer
out of Federal ownership in furtherance of
such exchange and that the relevant portions of such documents are also available in
the offices of the Secretary concerned in
Washington, District of Columbia; and
(D) an explanation of the effect of the revocation, modification, or termination of a
withdrawal or classification or portion
thereof and the transfer of lands out of Federal ownership pursuant to the particular
proposed exchange, on the objectives of the
land management plan which is applicable
at the time of such transfer to the land to be
transferred out of Federal ownership.
(c) Limitations
(1) Nothing in this section shall be construed
as affirming or denying any of the allegations
made by any party in the civil action specified
in subsection (a) of this section, or as constituting an expression of congressional opinion with
respect to the merits of any allegation, contention, or argument made or issue raised by any
party in such action, or as expanding or diminishing the jurisdiction of the United States District Court for the District of Columbia.
(2) Except as specifically provided in this section, nothing in this section shall be construed
as modifying, terminating, revoking, or otherwise affecting any provision of law applicable to
land exchanges, withdrawals, or classifications.
(3) The availability or exercise of the authority granted in subsection (a) of this section may
not be considered by the Secretary of the Inte-

Page 508

rior in making a determination pursuant to this
Act or other applicable law as to whether or not
any proposed exchange is in the public interest.
(d) Termination
The authority specified in subsection (a) of
this section shall expire either (1) on December
31, 1990, or (2) when the Court order (or subsequent modification or continuation thereof)
specified in subsection (a) of this section is no
longer in effect, whichever occurs first.
(Pub. L. 94–579, title II, § 215, as added Pub. L.
100–409, § 10, Aug. 20, 1988, 102 Stat. 1092; amended
Pub. L. 103–437, § 16(d)(2), Nov. 2, 1994, 108 Stat.
4595.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a), (b)(1), and (c)(3),
is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended,
known as the Federal Land Policy and Management
Act of 1976. For complete classification of this Act to
the Code, see Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (b)(5)(C), is Pub. L. 91–190, Jan. 1,
1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public
Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
AMENDMENTS
1994—Subsec. (b)(5). Pub. L. 103–437 substituted ‘‘Natural Resources’’ for ‘‘Interior and Insular Affairs’’ before ‘‘of the House’’.
SAVINGS PROVISION
See note set out under section 1716 of this title.

SUBCHAPTER III—ADMINISTRATION
§ 1731. Bureau of Land Management
(a) Director; appointment, qualifications, functions, and duties
The Bureau of Land Management established
by Reorganization Plan Numbered 3, of 1946
shall have as its head a Director. Appointments
to the position of Director shall hereafter be
made by the President, by and with the advice
and consent of the Senate. The Director of the
Bureau shall have a broad background and substantial experience in public land and natural
resource management. He shall carry out such
functions and shall perform such duties as the
Secretary may prescribe with respect to the
management of lands and resources under his jurisdiction according to the applicable provisions
of this Act and any other applicable law.
(b) Statutory transfer of functions, powers and
duties relating to administration of laws
Subject to the discretion granted to him by
Reorganization Plan Numbered 3 of 1950, the
Secretary shall carry out through the Bureau all
functions, powers, and duties vested in him and
relating to the administration of laws which, on
October 21, 1976, were carried out by him
through the Bureau of Land Management established by section 403 of Reorganization Plan
Numbered 3 of 1946. The Bureau shall administer
such laws according to the provisions thereof existing as of October 21, 1976, as modified by the
provisions of this Act or by subsequent law.

Page 509

TITLE 43—PUBLIC LANDS

(c) Associate Director, Assistant Directors, and
other employees; appointment and compensation
In addition to the Director, there shall be an
Associate Director of the Bureau and so many
Assistant Directors, and other employees, as
may be necessary, who shall be appointed by the
Secretary subject to the provisions of title 5
governing appointments in the competitive service, and shall be paid in accordance with the
provisions of chapter 51 and subchapter 3 1 of
chapter 53 of such title relating to classification
and General Schedule pay rates.
(d) Existing regulations relating to administration of laws
Nothing in this section shall affect any regulation of the Secretary with respect to the administration of laws administered by him through
the Bureau on October 21, 1976.
(Pub. L. 94–579, title III, § 301, Oct. 21, 1976, 90
Stat. 2762.)
REFERENCES IN TEXT
The provision of Reorg. Plan No. 3 of 1946 establishing
the Bureau of Land Management, referred to in subsec.
(a), is section 403 of such Reorg. Plan. Section 403 of
Reorg. Plan No. 3 of 1946, also referred to in subsec. (b),
is set out as a note under section 1 of this title.
This Act, referred to in subsecs. (a) and (b), is Pub. L.
94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as
the Federal Land Policy and Management Act of 1976.
For complete classification of this Act to the Code, see
Tables.
Reorganization Plan Numbered 3 of 1950, referred to
in subsec. (b), is set out under section 1451 of this title.
The General Schedule, referred to in subsec. (c), is set
out under section 5332 of Title 5.
USE OF APPROPRIATED FUNDS FOR PROTECTION OF
LANDS AND SURVEYS OF FEDERAL LANDS IN ALASKA
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378, provided in part: ‘‘That appropriations herein [Department
of the Interior and Related Agencies Appropriations
Act, 1993] made, in fiscal year 1993 and thereafter, may
be expended for surveys of Federal lands and on a reimbursable basis for surveys of Federal lands and for protection of lands for the State of Alaska’’.

§ 1732. Management of use, occupancy, and development of public lands
(a) Multiple use and sustained yield requirements applicable; exception
The Secretary shall manage the public lands
under principles of multiple use and sustained
yield, in accordance with the land use plans developed by him under section 1712 of this title
when they are available, except that where a
tract of such public land has been dedicated to
specific uses according to any other provisions
of law it shall be managed in accordance with
such law.
(b) Easements, permits, etc., for utilization
through habitation, cultivation, and development of small trade or manufacturing concerns; applicable statutory requirements
In managing the public lands, the Secretary
shall, subject to this Act and other applicable
law and under such terms and conditions as are
consistent with such law, regulate, through
1 So

in original. Probably should be subchapter ‘‘III’’.

§ 1732

easements, permits, leases, licenses, published
rules, or other instruments as the Secretary
deems appropriate, the use, occupancy, and development of the public lands, including, but not
limited to, long-term leases to permit individuals to utilize public lands for habitation, cultivation, and the development of small trade or
manufacturing concerns: Provided, That unless
otherwise provided for by law, the Secretary
may permit Federal departments and agencies
to use, occupy, and develop public lands only
through rights-of-way under section 1767 of this
title, withdrawals under section 1714 of this
title, and, where the proposed use and development are similar or closely related to the programs of the Secretary for the public lands involved, cooperative agreements under section
1737(b) of this title: Provided further, That nothing in this Act shall be construed as authorizing
the Secretary concerned to require Federal permits to hunt and fish on public lands or on lands
in the National Forest System and adjacent waters or as enlarging or diminishing the responsibility and authority of the States for management of fish and resident wildlife. However, the
Secretary concerned may designate areas of
public land and of lands in the National Forest
System where, and establish periods when, no
hunting or fishing will be permitted for reasons
of public safety, administration, or compliance
with provisions of applicable law. Except in
emergencies, any regulations of the Secretary
concerned relating to hunting and fishing pursuant to this section shall be put into effect only
after consultation with the appropriate State
fish and game department. Nothing in this Act
shall modify or change any provision of Federal
law relating to migratory birds or to endangered
or threatened species. Except as provided in section 1744, section 1782, and subsection (f) of section 1781 of this title and in the last sentence of
this paragraph, no provision of this section or
any other section of this Act shall in any way
amend the Mining Law of 1872 or impair the
rights of any locators or claims under that Act,
including, but not limited to, rights of ingress
and egress. In managing the public lands the
Secretary shall, by regulation or otherwise,
take any action necessary to prevent unnecessary or undue degradation of the lands.
(c) Revocation or suspension provision in instrument authorizing use, occupancy or development; violation of provision; procedure applicable
The Secretary shall insert in any instrument
providing for the use, occupancy, or development of the public lands a provision authorizing
revocation or suspension, after notice and hearing, of such instrument upon a final administrative finding of a violation of any term or condition of the instrument, including, but not limited to, terms and conditions requiring compliance with regulations under Acts applicable to
the public lands and compliance with applicable
State or Federal air or water quality standard
or implementation plan: Provided, That such
violation occurred on public lands covered by
such instrument and occurred in connection
with the exercise of rights and privileges granted by it: Provided further, That the Secretary

§ 1732

TITLE 43—PUBLIC LANDS

shall terminate any such suspension no later
than the date upon which he determines the
cause of said violation has been rectified: Provided further, That the Secretary may order an
immediate temporary suspension prior to a
hearing or final administrative finding if he determines that such a suspension is necessary to
protect health or safety or the environment:
Provided further, That, where other applicable
law contains specific provisions for suspension,
revocation, or cancellation of a permit, license,
or other authorization to use, occupy, or develop
the public lands, the specific provisions of such
law shall prevail.
(d) Authorization to utilize certain public lands
in Alaska for military purposes
(1) The Secretary of the Interior, after consultation with the Governor of Alaska, may
issue to the Secretary of Defense or to the Secretary of a military department within the Department of Defense or to the Commandant of
the Coast Guard a nonrenewable general authorization to utilize public lands in Alaska (other
than within a conservation system unit or the
Steese National Conservation Area or the White
Mountains National Recreation Area) for purposes of military maneuvering, military training, or equipment testing not involving artillery
firing, aerial or other gunnery, or other use of
live ammunition or ordnance.
(2) Use of public lands pursuant to a general
authorization under this subsection shall be limited to areas where such use would not be inconsistent with the plans prepared pursuant to section 1712 of this title. Each such use shall be
subject to a requirement that the using department shall be responsible for any necessary
cleanup and decontamination of the lands used,
and to such other terms and conditions (including but not limited to restrictions on use of offroad or all-terrain vehicles) as the Secretary of
the Interior may require to—
(A) minimize adverse impacts on the natural, environmental, scientific, cultural, and
other resources and values (including fish and
wildlife habitat) of the public lands involved;
and
(B) minimize the period and method of such
use and the interference with or restrictions
on other uses of the public lands involved.
(3)(A) A general authorization issued pursuant
to this subsection shall not be for a term of
more than three years and shall be revoked in
whole or in part, as the Secretary of the Interior
finds necessary, prior to the end of such term
upon a determination by the Secretary of the
Interior that there has been a failure to comply
with its terms and conditions or that activities
pursuant to such an authorization have had or
might have a significant adverse impact on the
resources or values of the affected lands.
(B) Each specific use of a particular area of
public lands pursuant to a general authorization
under this subsection shall be subject to specific
authorization by the Secretary and to appropriate terms and conditions, including such as
are described in paragraph (2) of this subsection.
(4) Issuance of a general authorization pursuant to this subsection shall be subject to the
provisions of section 1712(f) of this title, section

Page 510

3120 of title 16, and all other applicable provisions of law. The Secretary of a military department (or the Commandant of the Coast Guard)
requesting such authorization shall reimburse
the Secretary of the Interior for the costs of implementing this paragraph. An authorization
pursuant to this subsection shall not authorize
the construction of permanent structures or facilities on the public lands.
(5) To the extent that public safety may require closure to public use of any portion of the
public lands covered by an authorization issued
pursuant to this subsection, the Secretary of the
military Department concerned or the Commandant of the Coast Guard shall take appropriate steps to notify the public concerning such
closure and to provide appropriate warnings of
risks to public safety.
(6) For purposes of this subsection, the term
‘‘conservation system unit’’ has the same meaning as specified in section 3102 of title 16.
(Pub. L. 94–579, title III, § 302, Oct. 21, 1976, 90
Stat. 2762; Pub. L. 100–586, Nov. 3, 1988, 102 Stat.
2980.)
REFERENCES IN TEXT
This Act, referred to in subsec. (b), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, as amended, known as the
Federal Land Policy and Management Act of 1976. For
complete classification of this Act to the Code, see
Tables.
The Mining Law of 1872, referred to in subsec. (b), is
act May 10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the Revised Statutes of 1878 as R.S. §§ 2319
to 2328, 2331, 2333 to 2337, and 2344, which are classified
to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42,
and 47 of Title 30, Mineral Lands and Mining. For complete classification of such Revised Statutes sections to
the Code, see Tables.
AMENDMENTS
1988—Subsec. (d). Pub. L. 100–586 added subsec. (d).
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities
and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
Enforcement functions of Secretary or other official
in Department of the Interior related to compliance
with land use permits for temporary use of public lands
and other associated land uses, issued under sections
1732, 1761, and 1763 to 1771 of this title, with respect to
pre-construction, construction, and initial operation of
transportation systems for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for the Alaska Natural Gas Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44
F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1,
1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector
for the Alaska Natural Gas Transportation System
abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section
3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of
Title 15, Commerce and Trade. Functions and authority
vested in Secretary of Energy subsequently transferred
to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.

Page 511

§ 1733

TITLE 43—PUBLIC LANDS

MANAGEMENT GUIDELINES TO PREVENT WASTING OF
PACIFIC YEW
For Congressional findings relating to management
guidelines to prevent wasting of Pacific yew in current
and future timber sales on Federal lands, see section
4801(a)(8) of Title 16, Conservation.

§ 1733. Enforcement authority
(a) Regulations for implementation of management, use, and protection requirements; violations; criminal penalties
The Secretary shall issue regulations necessary to implement the provisions of this Act
with respect to the management, use, and protection of the public lands, including the property located thereon. Any person who knowingly
and willfully violates any such regulation which
is lawfully issued pursuant to this Act shall be
fined no more than $1,000 or imprisoned no more
than twelve months, or both. Any person
charged with a violation of such regulation may
be tried and sentenced by any United States
magistrate judge designated for that purpose by
the court by which he was appointed, in the
same manner and subject to the same conditions
and limitations as provided for in section 3401 of
title 18.
(b) Civil actions by Attorney General for violations of regulations; nature of relief; jurisdiction
At the request of the Secretary, the Attorney
General may institute a civil action in any
United States district court for an injunction or
other appropriate order to prevent any person
from utilizing public lands in violation of regulations issued by the Secretary under this Act.
(c) Contracts for enforcement of Federal laws
and regulations by local law enforcement officials; procedure applicable; contract requirements and implementation
(1) When the Secretary determines that assistance is necessary in enforcing Federal laws and
regulations relating to the public lands or their
resources he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions
with the view of achieving maximum feasible reliance upon local law enforcement officials in
enforcing such laws and regulations. The Secretary shall negotiate on reasonable terms with
such officials who have authority to enter into
such contracts to enforce such Federal laws and
regulations. In the performance of their duties
under such contracts such officials and their
agents are authorized to carry firearms; execute
and serve any warrant or other process issued by
a court or officer of competent jurisdiction;
make arrests without warrant or process for a
misdemeanor he has reasonable grounds to believe is being committed in his presence or view,
or for a felony if he has reasonable grounds to
believe that the person to be arrested has committed or is committing such felony; search
without warrant or process any person, place, or
conveyance according to any Federal law or rule
of law; and seize without warrant or process any
evidentiary item as provided by Federal law.
The Secretary shall provide such law enforcement training as he deems necessary in order to

carry out the contracted for responsibilities.
While exercising the powers and authorities provided by such contract pursuant to this section,
such law enforcement officials and their agents
shall have all the immunities of Federal law enforcement officials.
(2) The Secretary may authorize Federal personnel or appropriate local officials to carry out
his law enforcement responsibilities with respect to the public lands and their resources.
Such designated personnel shall receive the
training and have the responsibilities and authority provided for in paragraph (1) of this subsection.
(d) Cooperation with regulatory and law enforcement officials of any State or political subdivision in enforcement of laws or ordinances
In connection with the administration and
regulation of the use and occupancy of the public lands, the Secretary is authorized to cooperate with the regulatory and law enforcement officials of any State or political subdivision
thereof in the enforcement of the laws or ordinances of such State or subdivision. Such cooperation may include reimbursement to a
State or its subdivision for expenditures incurred by it in connection with activities which
assist in the administration and regulation of
use and occupancy of the public lands.
(e) Uniformed desert ranger force in California
Desert Conservation Area; establishment; enforcement of Federal laws and regulations
Nothing in this section shall prevent the Secretary from promptly establishing a uniformed
desert ranger force in the California Desert Conservation Area established pursuant to section
1781 of this title for the purpose of enforcing
Federal laws and regulations relating to the
public lands and resources managed by him in
such area. The officers and members of such
ranger force shall have the same responsibilities
and authority as provided for in paragraph (1) of
subsection (c) of this section.
(f) Applicability of other Federal enforcement
provisions
Nothing in this Act shall be construed as reducing or limiting the enforcement authority
vested in the Secretary by any other statute.
(g) Unlawful activities
The use, occupancy, or development of any
portion of the public lands contrary to any regulation of the Secretary or other responsible authority, or contrary to any order issued pursuant to any such regulation, is unlawful and prohibited.
(Pub. L. 94–579, title III, § 303, Oct. 21, 1976, 90
Stat. 2763; Pub. L. 101–650, title III, § 321, Dec. 1,
1990, 104 Stat. 5117.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a), (b), and (f), is
Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended,
known as the Federal Land Policy and Management
Act of 1976. For complete classification of this Act to
the Code, see Tables.
CHANGE OF NAME
‘‘United States magistrate judge’’ substituted for
‘‘United States magistrate’’ in subsec. (a) pursuant to

§ 1734

TITLE 43—PUBLIC LANDS

section 321 of Pub. L. 101–650, set out as a note under
section 631 of Title 28, Judiciary and Judicial Procedure.
MODIFICATION OF REGULATIONS RELATING TO MINING
OPERATIONS ON PUBLIC LANDS; POSTING OF RECLAMATION BOND FOR ALL OPERATIONS INVOLVING SIGNIFICANT SURFACE DISTURBANCE
Pub. L. 99–500, § 101(h) [title I], Oct. 18, 1986, 100 Stat.
1783–242, 1783–243, and Pub. L. 99–591, § 101(h) [title I],
Oct. 30, 1986, 100 Stat. 3341–242, 3341–243, provided: ‘‘That
regulations pertaining to mining operations on public
lands conducted under the Mining Law of 1872 (30 U.S.C.
22, et seq.) and sections 302, 303, and 603 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1732, 1733, and 1782) shall be modified to include a requirement for the posting of reclamation bonds by operators for all operations which involve significant surface disturbance, (a) at the discretion of the authorized
officer for operators who have a record of compliance
with pertinent regulations concerning mining on public
lands, and (b) on a mandatory basis only for operators
with a history of noncompliance with the aforesaid regulations: Provided further, That surety bonds, third
party surety bonds, or irrevocable letters of credit shall
qualify as bond instruments: Provided further, That evidence of an equivalent bond posted with a State agency
shall be accepted in lieu of a separate bond: Provided
further, That the amount of such bonds shall be sufficient to cover the costs of reclamation as estimated by
the Bureau of Land Management.’’

§ 1734. Fees, charges, and commissions
(a) Authority to establish and modify
Notwithstanding any other provision of law,
the Secretary may establish reasonable filing
and service fees and reasonable charges, and
commissions with respect to applications and
other documents relating to the public lands
and may change and abolish such fees, charges,
and commissions.
(b) Deposits for payments to reimburse reasonable costs of United States
The Secretary is authorized to require a deposit of any payments intended to reimburse the
United States for reasonable costs with respect
to applications and other documents relating to
such lands. The moneys received for reasonable
costs under this subsection shall be deposited
with the Treasury in a special account and are
hereby authorized to be appropriated and made
available until expended. As used in this section
‘‘reasonable costs’’ include, but are not limited
to, the costs of special studies; environmental
impact statements; monitoring construction,
operation, maintenance, and termination of any
authorized facility; or other special activities.
In determining whether costs are reasonable
under this section, the Secretary may take into
consideration actual costs (exclusive of management overhead), the monetary value of the
rights or privileges sought by the applicant, the
efficiency to the government processing involved, that portion of the cost incurred for the
benefit of the general public interest rather
than for the exclusive benefit of the applicant,
the public service provided, and other factors
relevant to determining the reasonableness of
the costs.
(c) Refunds
In any case where it shall appear to the satisfaction of the Secretary that any person has

Page 512

made a payment under any statute relating to
the sale, lease, use, or other disposition of public
lands which is not required or is in excess of the
amount required by applicable law and the regulations issued by the Secretary, the Secretary,
upon application or otherwise, may cause a refund to be made from applicable funds.
(Pub. L. 94–579, title III, § 304, Oct. 21, 1976, 90
Stat. 2765.)
FILING FEES FOR APPLICATIONS FOR NONCOMPETITIVE
OIL AND GAS LEASES; STUDY AND REPORT OF RENTAL CHARGES ON OIL AND GAS LEASES
Pub. L. 97–35, title XIV, § 1401(d), Aug. 13, 1981, 95 Stat.
748, provided that:
‘‘(1) Notwithstanding any other provision of law, effective October 1, 1981, all applications for noncompetitive oil and gas leases shall be accompanied by a
filing fee of not less than $25 for each such application:
Provided, That any increase in the filing fee above $25
shall be established by regulation and subject to the
provisions of the Act of August 31, 1951 (65 Stat. 290)
[probably means title V of that Act which was classified to section 483a of former Title 31, Money and Finance and was repealed and reenacted as section 9701 of
Title 31 by Pub. L. 97–258] the Act of October 20, 1976 (90
Stat. 2765) [probably should be Oct. 21, 1976, meaning
this chapter] but not limited to actual costs. Such fees
shall be retained as a service charge even though the
application or offer may be rejected or withdrawn in
whole or in part.
‘‘(2) The Secretary of the Interior is hereby directed
to conduct a study and report to Congress within one
year of the date of enactment of this Act [Aug. 13, 1981],
regarding the current annual rental charges on all noncompetitive oil and gas leases to investigate the feasibility and effect of raising such rentals.’’

§ 1734a. Availability of excess fees
In fiscal year 1997 and thereafter, all fees, excluding mining claim fees, in excess of the fiscal
year 1996 collections established by the Secretary of the Interior under the authority of section 1734 of this title for processing, recording,
or documenting authorizations to use public
lands or public land natural resources (including
cultural, historical, and mineral) and for providing specific services to public land users, and
which are not presently being covered into any
Bureau of Land Management appropriation accounts, and not otherwise dedicated by law for a
specific distribution, shall be made immediately
available for program operations in this account
and remain available until expended.
(Pub. L. 104–208, div. A, title I, § 101(d) [title I],
Sept. 30, 1996, 110 Stat. 3009–181, 3009–182.)
CODIFICATION
Section was enacted as part of the Department of the
Interior and Related Agencies Appropriations Act, 1997,
and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.

§ 1735. Forfeitures and deposits
(a) Credit to separate account in Treasury; appropriation and availability
Any moneys received by the United States as
a result of the forfeiture of a bond or other security by a resource developer or purchaser or permittee who does not fulfill the requirements of
his contract or permit or does not comply with
the regulations of the Secretary; or as a result

Page 513

TITLE 43—PUBLIC LANDS

of a compromise or settlement of any claim
whether sounding in tort or in contract involving present or potential damage to the public
lands shall be credited to a separate account in
the Treasury and are hereby authorized to be appropriated and made available, until expended
as the Secretary may direct, to cover the cost to
the United States of any improvement, protection, or rehabilitation work on those public
lands which has been rendered necessary by the
action which has led to the forfeiture, compromise, or settlement.
(b) Expenditure of moneys collected administering Oregon and California Railroad and Coos
Bay Wagon Road Grant lands
Any moneys collected under this Act in connection with lands administered under the Act
of August 28, 1937 (50 Stat. 874; 43 U.S.C.
1181a–1181j), shall be expended for the benefit of
such land only.
(c) Refunds
If any portion of a deposit or amount forfeited
under this Act is found by the Secretary to be in
excess of the cost of doing the work authorized
under this Act, the Secretary, upon application
or otherwise, may cause a refund of the amount
in excess to be made from applicable funds.
(Pub. L. 94–579, title III, § 305, Oct. 21, 1976, 90
Stat. 2765.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (b) and (c), is Pub. L.
94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as
the Federal Land Policy and Management Act of 1976.
For complete classification of this Act to the Code, see
Tables.
Act of August 28, 1937 (50 Stat. 874; 43 U.S.C.
1181a–1181j), referred to in subsec. (b), is act Aug. 28,
1937, ch. 876, 50 Stat. 874, which is classified principally
to section 1181a et seq. of this title. Sections 1181f–1 to
1181f–4, included within the parenthetical reference to
sections 1181a to 1181j, were enacted by act May 24, 1939,
ch. 144, 53 Stat. 753. Sections 1181g to 1181j, also included within the parenthetical reference to sections
1181a to 1181j, were enacted by act June 24, 1954, ch. 357,
68 Stat. 270. Section 1181c, also included within the parenthetical reference to sections 1181a to 1181j, was repealed by Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90
Stat. 2787. For complete classification of these Acts to
the Code, see Tables.
AVAILABILITY OF FUNDS FOR IMPROVEMENT, PROTECTION, OR REHABILITATION OF DAMAGED PUBLIC LANDS
Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321–156, 1321–158; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in
part: ‘‘That notwithstanding any provision to the contrary of section 305(a) of the Act of October 21, 1976 (43
U.S.C. 1735(a)), any moneys that have been or will be
received pursuant to that section, whether as a result
of forfeiture, compromise, or settlement, if not appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended under the authority of this or subsequent appropriations Acts by the Secretary to improve, protect, or
rehabilitate any public lands administered through the
Bureau of Land Management which have been damaged
by the action of a resource developer, purchaser, permittee, or any unauthorized person, without regard to
whether all moneys collected from each such forfeiture,
compromise, or settlement are used on the exact lands
damage to which led to the forfeiture, compromise, or
settlement: Provided further, That such moneys are in
excess of amounts needed to repair damage to the exact
land for which collected.’’

§ 1736

Similar provisions were contained in the following
appropriation acts:
Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat.
987.
Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat.
2906.
Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat.
703.
Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat.
2099.
Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 502.
Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat.
3042.
Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1244.
Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 219.
Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 418.
Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 925.
Pub. L. 106–113, div. B, § 1000(a)(3) [title I], Nov. 29,
1999, 113 Stat. 1535, 1501A–138.
Pub. L. 105–277, div. A, § 101(e) [title I], Oct. 21, 1998,
112 Stat. 2681–231, 2681–234.
Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1545.
Pub. L. 104–208, div. A, title I, § 101(d) [title I], Sept.
30, 1996, 110 Stat. 3009–181, 3009–184.
Pub. L. 103–332, title I, Sept. 30, 1994, 108 Stat. 2501.
Pub. L. 103–138, title I, Nov. 11, 1993, 107 Stat. 1381.
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1377.
Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 992.
Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1917.
Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 703.
Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1776.
Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329–213, 1329–215.

§ 1736. Working capital fund
(a) Establishment; availability of fund
There is hereby established a working capital
fund for the management of the public lands.
This fund shall be available without fiscal year
limitation for expenses necessary for furnishing,
in accordance with chapters 1 to 11 of title 40
and division C (except sections 3302, 3307(e),
3501(b), 3509, 3906, 4710, and 4711) of subtitle I of
title 41, and regulations promulgated thereunder, supplies and equipment services in support of Bureau programs, including but not limited to, the purchase or construction of storage
facilities, equipment yards, and related improvements and the purchase, lease, or rent of
motor vehicles, aircraft, heavy equipment, and
fire control and other resource management
equipment within the limitations set forth in
appropriations made to the Secretary for the
Bureau.
(b) Initial funding; subsequent transfers
The initial capital of the fund shall consist of
appropriations made for that purpose together
with the fair and reasonable value at the fund’s
inception of the inventories, equipment, receivables, and other assets, less the liabilities,
transferred to the fund. The Secretary is authorized to make such subsequent transfers to the
fund as he deems appropriate in connection with
the functions to be carried on through the fund.
(c) Payments credited to fund; amount; advancement or reimbursement
The fund shall be credited with payments from
appropriations, and funds of the Bureau, other
agencies of the Department of the Interior,
other Federal agencies, and other sources, as authorized by law, at rates approximately equal to
the cost of furnishing the facilities, supplies,
equipment, and services (including depreciation

§ 1736a

TITLE 43—PUBLIC LANDS

and accrued annual leave). Such payments may
be made in advance in connection with firm orders, or by way of reimbursement.
(d) Authorization of appropriations
There is hereby authorized to be appropriated
a sum not to exceed $3,000,000 as initial capital
of the working capital fund.
(Pub. L. 94–579, title III, § 306, Oct. 21, 1976, 90
Stat. 2766.)
CODIFICATION
In subsec. (a), ‘‘chapters 1 to 11 of title 40 and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of title 41’’ substituted for ‘‘the
Federal Property and Administrative Services Act of
1949 (63 Stat. 377, as amended)’’ on authority of Pub. L.
107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works,
and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854,
which Act enacted Title 41, Public Contracts.

§ 1736a. Revolving fund derived from disposal of
salvage timber
There is hereby established in the Treasury of
the United States a special fund to be derived on
and after October 5, 1992, from the Federal share
of moneys received from the disposal of salvage
timber prepared for sale from the lands under
the jurisdiction of the Bureau of Land Management, Department of the Interior. The money in
this fund shall be immediately available to the
Bureau of Land Management without further
appropriation, for the purposes of planning and
preparing salvage timber for disposal, the administration of salvage timber sales, and subsequent site preparation and reforestation.
(Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat.
1376.)
CODIFICATION
Section was enacted as part of the Department of the
Interior and Related Agencies Appropriations Act, 1993,
and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
DISTRIBUTION OF RECEIPTS
Title I of Pub. L. 102–381, 106 Stat. 1376, provided in
part that: ‘‘Nothing in this provision [enacting this section] shall alter the formulas currently in existence by
law for the distribution of receipts for the applicable
lands and timber resources.’’

§ 1737. Implementation provisions
(a) Investigations, studies, and experiments
The Secretary may conduct investigations,
studies, and experiments, on his own initiative
or in cooperation with others, involving the
management, protection, development, acquisition, and conveying of the public lands.
(b) Contracts and cooperative agreements
Subject to the provisions of applicable law,
the Secretary may enter into contracts and cooperative agreements involving the management, protection, development, and sale of public lands.
(c) Contributions and donations of money, services, and property
The Secretary may accept contributions or donations of money, services, and property, real,

Page 514

personal, or mixed, for the management, protection, development, acquisition, and conveying of
the public lands, including the acquisition of
rights-of-way for such purposes. He may accept
contributions for cadastral surveying performed
on federally controlled or intermingled lands.
Moneys received hereunder shall be credited to a
separate account in the Treasury and are hereby
authorized to be appropriated and made available until expended, as the Secretary may direct, for payment of expenses incident to the
function toward the administration of which the
contributions were made and for refunds to depositors of amounts contributed by them in specific instances where contributions are in excess
of their share of the cost.
(d) Recruitment of volunteers
The Secretary may recruit, without regard to
the civil service classification laws, rules, or
regulations, the services of individuals contributed without compensation as volunteers for
aiding in or facilitating the activities administered by the Secretary through the Bureau of
Land Management.
(e) Restrictions on activities of volunteers
In accepting such services of individuals as
volunteers, the Secretary—
(1) shall not permit the use of volunteers in
hazardous duty or law enforcement work, or in
policymaking processes or to displace any employee; and
(2) may provide for services or costs incidental to the utilization of volunteers, including
transportation, supplies, lodging, subsistence,
recruiting, training, and supervision.
(f) Federal employment status of volunteers
Volunteers shall not be deemed employees of
the United States except for the purposes of—
(1) the tort claims provisions of title 28;
(2) subchapter 1 1 of chapter 81 of title 5; and
(3) claims relating to damage to, or loss of,
personal property of a volunteer incident to
volunteer service, in which case the provisions
of section 3721 of title 31 shall apply.
(g) Authorization of appropriations
Effective with fiscal years beginning after
September 30, 1984, there are authorized to be
appropriated such sums as may be necessary to
carry out the provisions of subsection (d) of this
section, but not more than $250,000 may be appropriated for any one fiscal year.
(Pub. L. 94–579, title III, § 307, Oct. 21, 1976, 90
Stat. 2766; Pub. L. 98–540, § 2, Oct. 24, 1984, 98
Stat. 2718; Pub. L. 101–286, title II, § 204(c), May
9, 1990, 104 Stat. 175.)
AMENDMENTS
1990—Subsec. (f). Pub. L. 101–286 amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ‘‘Volunteers shall not be deemed employees of the
United States except for the purposes of the tort claims
provisions of title 28 and subchapter 1 of chapter 81 of
title 5, relating to compensation for work injuries.’’
1984—Subsecs. (d) to (g). Pub. L. 98–540 added subsecs.
(d) to (g).
1 So

in original. Probably should be subchapter ‘‘I’’.

Page 515

§ 1741

TITLE 43—PUBLIC LANDS

§ 1738. Contracts for surveys and resource protection; renewals; funding requirements
(a) The Secretary is authorized to enter into
contracts for the use of aircraft, and for supplies
and services, prior to the passage of an appropriation therefor, for airborne cadastral survey
and resource protection operations of the Bureau. He may renew such contracts annually,
not more than twice, without additional competition. Such contracts shall obligate funds for
the fiscal years in which the costs are incurred.
(b) Each such contract shall provide that the
obligation of the United States for the ensuing
fiscal years is contingent upon the passage of an
applicable appropriation, and that no payment
shall be made under the contract for the ensuing
fiscal years until such appropriation becomes
available for expenditure.
(Pub. L. 94–579, title III, § 308, Oct. 21, 1976, 90
Stat. 2767.)
§ 1739. Advisory councils
(a) Establishment; membership; operation
The Secretary shall establish advisory councils of not less than ten and not more than fifteen members appointed by him from among
persons who are representative of the various
major citizens’ interests concerning the problems relating to land use planning or the management of the public lands located within the
area for which an advisory council is established. At least one member of each council
shall be an elected official of general purpose
government serving the people of such area. To
the extent practicable there shall be no overlap
or duplication of such councils. Appointments
shall be made in accordance with rules prescribed by the Secretary. The establishment and
operation of an advisory council established
under this section shall conform to the requirements of the Federal Advisory Committee Act
(86 Stat. 770).
(b) Meetings
Notwithstanding the provisions of subsection
(a) of this section, each advisory council established by the Secretary under this section shall
meet at least once a year with such meetings
being called by the Secretary.
(c) Travel and per diem payments
Members of advisory councils shall serve without pay, except travel and per diem will be paid
each member for meetings called by the Secretary.
(d) Functions
An advisory council may furnish advice to the
Secretary with respect to the land use planning,
classification, retention, management, and disposal of the public lands within the area for
which the advisory council is established and
such other matters as may be referred to it by
the Secretary.
(e) Public participation; procedures applicable
In exercising his authorities under this Act,
the Secretary, by regulation, shall establish procedures, including public hearings where appropriate, to give the Federal, State, and local governments and the public adequate notice and an

opportunity to comment upon the formulation
of standards and criteria for, and to participate
in, the preparation and execution of plans and
programs for, and the management of, the public lands.
(Pub. L. 94–579, title III, § 309, Oct. 21, 1976, 90
Stat. 2767; Pub. L. 95–514, § 13, Oct. 25, 1978, 92
Stat. 1808.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (a), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as
amended, which is set out in the Appendix to Title 5,
Government Organization and Employees.
This Act, referred to in subsec. (e), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, as amended, known as the
Federal Land Policy and Management Act of 1976. For
complete classification of this Act to the Code, see
Tables.
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–514 substituted in first
sentence ‘‘shall establish’’ for ‘‘is authorized to establish’’.
TERMINATION OF ADVISORY COUNCILS
Advisory councils established after Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a council established by the President or an officer of the Federal Government, such
council is renewed by appropriate action prior to the
expiration of such 2-year period, or in the case of a
council established by the Congress, its duration is
otherwise provided for by law. See sections 3(2) and 14
of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out
in the Appendix to Title 5, Government Organization
and Employees.

§ 1740. Rules and regulations
The Secretary, with respect to the public
lands, shall promulgate rules and regulations to
carry out the purposes of this Act and of other
laws applicable to the public lands, and the Secretary of Agriculture, with respect to lands
within the National Forest System, shall promulgate rules and regulations to carry out the
purposes of this Act. The promulgation of such
rules and regulations shall be governed by the
provisions of chapter 5 of title 5, without regard
to section 553(a)(2). Prior to the promulgation of
such rules and regulations, such lands shall be
administered under existing rules and regulations concerning such lands to the extent practical.
(Pub. L. 94–579, title III, § 310, Oct. 21, 1976, 90
Stat. 2767.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, known as the Federal
Land Policy and Management Act of 1976. For complete
classification of this Act to the Code, see Tables.

§ 1741. Annual reports
(a) Purpose; time for submission
For the purpose of providing information that
will aid Congress in carrying out its oversight
responsibilities for public lands programs and
for other purposes, the Secretary shall prepare a
report in accordance with subsections (b) and (c)
of this section and submit it to the Congress no

§ 1742

TITLE 43—PUBLIC LANDS

later than one hundred and twenty days after
the end of each fiscal year beginning with the
report for fiscal year 1979.
(b) Format
A list of programs and specific information to
be included in the report as well as the format
of the report shall be developed by the Secretary
after consulting with the Committee on Natural
Resources of the House of Representatives and
the Committee on Energy and Natural Resources of the Senate and shall be provided to
the committees prior to the end of the second
quarter of each fiscal year.
(c) Contents
The report shall include, but not be limited to,
program identification information, program
evaluation information, and program budgetary
information for the preceding current and succeeding fiscal years.
(Pub. L. 94–579, title III, § 311, Oct. 21, 1976, 90
Stat. 2768; Pub. L. 103–437, § 16(d)(3), Nov. 2, 1994,
108 Stat. 4595.)
AMENDMENTS
1994—Subsec. (b). Pub. L. 103–437 substituted ‘‘Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate’’ for ‘‘Committees on Interior and
Insular Affairs of the House and Senate’’.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
House Document No. 103–7 (in which the 9th item on
page 112 identifies a reporting provision which, as subsequently amended, is contained in this section), see
section 3003 of Pub. L. 104–66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance.

§ 1742. Search, rescue, and protection forces;
emergency situations authorizing hiring
Where in his judgment sufficient search, rescue, and protection forces are not otherwise
available, the Secretary is authorized in cases of
emergency to incur such expenses as may be
necessary (a) in searching for and rescuing, or in
cooperating in the search for and rescue of, persons lost on the public lands, (b) in protecting or
rescuing, or in cooperating in the protection and
rescue of, persons or animals endangered by an
act of God, and (c) in transporting deceased persons or persons seriously ill or injured to the
nearest place where interested parties or local
authorities are located.
(Pub. L. 94–579, title III, § 312, Oct. 21, 1976, 90
Stat. 2768.)
§ 1743. Disclosure of financial interests by officers or employees
(a) Annual written statement; availability to public
Each officer or employee of the Secretary and
the Bureau who—
(1) performs any function or duty under this
Act; and
(2) has any known financial interest in any
person who (A) applies for or receives any permit, lease, or right-of-way under, or (B) ap-

Page 516

plies for or acquires any land or interests
therein under, or (C) is otherwise subject to
the provisions of, this Act,
shall, beginning on February 1, 1977, annually
file with the Secretary a written statement concerning all such interests held by such officer or
employee during the preceding calendar year.
Such statement shall be available to the public.
(b) Implementation of requirements
The Secretary shall—
(1) act within ninety days after October 21,
1976—
(A) to define the term ‘‘known financial
interests’’ for the purposes of subsection (a)
of this section; and
(B) to establish the methods by which the
requirement to file written statements specified in subsection (a) of this section will be
monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and
the review by the Secretary of such statements; and
(2) report to the Congress on June 1 of each
calendar year with respect to such disclosures
and the actions taken in regard thereto during
the preceding calendar year.
(c) Exempted personnel
In the rules prescribed in subsection (b) of this
section, the Secretary may identify specific positions within the Department of the Interior
which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.
(d) Violations; criminal penalties
Any officer or employee who is subject to, and
knowingly violates, this section, shall be fined
not more than $2,500 or imprisoned not more
than one year, or both.
(Pub. L. 94–579, title III, § 313, Oct. 21, 1976, 90
Stat. 2768.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(1), (2), is Pub. L.
94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as
the Federal Land Policy and Management Act of 1976.
For complete classification of this Act to the Code, see
Tables.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions
in subsec. (b) of this section relating to the requirement that the Secretary report to Congress on June 1
of each calendar year, see section 3003 of Pub. L. 104–66,
as amended, set out as a note under section 1113 of
Title 31, Money and Finance, and the 2nd item on page
108 of House Document No. 103–7.

§ 1744. Recordation of mining claims
(a) Filing requirements
The owner of an unpatented lode or placer
mining claim located prior to October 21, 1976,
shall, within the three-year period following October 21, 1976 and prior to December 31 of each
year thereafter, file the instruments required by
paragraphs (1) and (2) of this subsection. The
owner of an unpatented lode or placer mining

Page 517

claim located after October 21, 1976 shall, prior
to December 31 of each year following the calendar year in which the said claim was located,
file the instruments required by paragraphs (1)
and (2) of this subsection:
(1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold the mining claim (including but not limited to such notices as are
provided by law to be filed when there has been
a suspension or deferment of annual assessment
work), an affidavit of assessment work performed thereon, on 1 a detailed report provided
by section 28–1 of title 30, relating thereto.
(2) File in the office of the Bureau designated
by the Secretary a copy of the official record of
the instrument filed or recorded pursuant to
paragraph (1) of this subsection, including a description of the location of the mining claim
sufficient to locate the claimed lands on the
ground.
(b) Additional filing requirements
The owner of an unpatented lode or placer
mining claim or mill or tunnel site located prior
to October 21, 1976 shall, within the three-year
period following October 21, 1976, file in the office of the Bureau designated by the Secretary a
copy of the official record of the notice of location or certificate of location, including a description of the location of the mining claim or
mill or tunnel site sufficient to locate the
claimed lands on the ground. The owner of an
unpatented lode or placer mining claim or mill
or tunnel site located after October 21, 1976
shall, within ninety days after the date of location of such claim, file in the office of the Bureau designated by the Secretary a copy of the
official record of the notice of location or certificate of location, including a description of
the location of the mining claim or mill or tunnel site sufficient to locate the claimed lands on
the ground.
(c) Failure to file as constituting abandonment;
defective or untimely filing
The failure to file such instruments as required by subsections (a) and (b) of this section
shall be deemed conclusively to constitute an
abandonment of the mining claim or mill or
tunnel site by the owner; but it shall not be considered a failure to file if the instrument is defective or not timely filed for record under other
Federal laws permitting filing or recording
thereof, or if the instrument is filed for record
by or on behalf of some but not all of the owners
of the mining claim or mill or tunnel site.
(d) Validity of claims, waiver of assessment, etc.,
as unaffected
Such recordation or application by itself shall
not render valid any claim which would not be
otherwise valid under applicable law. Nothing in
this section shall be construed as a waiver of the
assessment and other requirements of such law.
(Pub. L. 94–579, title III, § 314, Oct. 21, 1976, 90
Stat. 2769.)
1 So

in original. Probably should be ‘‘or’’.

§ 1746

TITLE 43—PUBLIC LANDS
§ 1745. Disclaimer of interest in lands

(a) Issuance of recordable document; criteria
After consulting with any affected Federal
agency, the Secretary is authorized to issue a
document of disclaimer of interest or interests
in any lands in any form suitable for recordation, where the disclaimer will help remove a
cloud on the title of such lands and where he determines (1) a record interest of the United
States in lands has terminated by operation of
law or is otherwise invalid; or (2) the lands lying
between the meander line shown on a plat of
survey approved by the Bureau or its predecessors and the actual shoreline of a body of
water are not lands of the United States; or (3)
accreted, relicted, or avulsed lands are not lands
of the United States.
(b) Procedures applicable
No document or disclaimer shall be issued pursuant to this section unless the applicant therefor has filed with the Secretary an application
in writing and notice of such application setting
forth the grounds supporting such application
has been published in the Federal Register at
least ninety days preceding the issuance of such
disclaimer and until the applicant therefor has
paid to the Secretary the administrative costs
of issuing the disclaimer as determined by the
Secretary. All receipts shall be deposited to the
then-current appropriation from which expended.
(c) Construction as quit-claim deed from United
States
Issuance of a document of disclaimer by the
Secretary pursuant to the provisions of this section and regulations promulgated hereunder
shall have the same effect as a quit-claim deed
from the United States.
(Pub. L. 94–579, title III, § 315, Oct. 21, 1976, 90
Stat. 2770.)
§ 1746. Correction of conveyance documents
The Secretary may correct patents or documents of conveyance issued pursuant to section
1718 of this title or to other Acts relating to the
disposal of public lands where necessary in order
to eliminate errors. In addition, the Secretary
may make corrections of errors in any documents of conveyance which have heretofore been
issued by the Federal Government to dispose of
public lands. Any corrections authorized by this
section which affect the boundaries of, or jurisdiction over, land administered by another Federal agency shall be made only after consultation with, and the approval of, the head of such
other agency.
(Pub. L. 94–579, title III, § 316, Oct. 21, 1976, 90
Stat. 2770; Pub. L. 108–7, div. F, title IV, § 411(e),
Feb. 20, 2003, 117 Stat. 291.)
AMENDMENTS
2003—Pub. L. 108–7 inserted at end ‘‘Any corrections
authorized by this section which affect the boundaries
of, or jurisdiction over, land administered by another
Federal agency shall be made only after consultation
with, and the approval of, the head of such other agency.’’

§ 1747

TITLE 43—PUBLIC LANDS

§ 1747. Loans to States and political subdivisions;
purposes; amounts; allocation; terms and
conditions; interest rate; security; limitations; forebearance for benefit of borrowers;
recordkeeping requirements; discrimination
prohibited; deposit of receipts
(1) The Secretary is authorized to make loans
to States and their political subdivisions in
order to relieve social or economic impacts occasioned by the development of minerals leased
in such States pursuant to the Act of February
25, 1920, as amended [30 U.S.C. 181 et seq.]. Such
loans shall be confined to the uses specified for
the 50 per centum of mineral leasing revenues to
be received by such States and subdivisions pursuant to section 35 of such Act [30 U.S.C. 191].
(2) The total amount of loans outstanding pursuant to this section for any State and political
subdivisions thereof in any year shall be not
more than the anticipated mineral leasing revenues to be received by that State pursuant to
section 35 of the Act of February 25, 1920, as
amended [30 U.S.C. 191], for the ten years following.
(3) The Secretary, after consultation with the
Governors of the affected States, shall allocate
such loans among the States and their political
subdivisions in a fair and equitable manner, giving priority to those States and subdivisions suffering the most severe impacts.
(4) Loans made pursuant to this section shall
be subject to such terms and conditions as the
Secretary determines necessary to assure the
achievement of the purpose of this section. The
Secretary shall promulgate such regulations as
may be necessary to carry out the provisions of
this section no later than three months after
August 20, 1978.
(5) Loans made pursuant to this section shall
bear interest equivalent to the lowest interest
rate paid on an issue of at least $1,000,000 of tax
exempt bonds of such State or any agency thereof within the preceding calendar year.
(6) Any loan made pursuant to this section
shall be secured only by a pledge of the revenues
received by the State or the political subdivision thereof pursuant to section 35 of the Act of
February 25, 1920, as amended [30 U.S.C. 191], and
shall not constitute an obligation upon the general property or taxing authority of such unit of
government.
(7) Notwithstanding any other provision of
law, loans made pursuant to this section may be
used for the non-Federal share of the aggregate
cost of any project or program otherwise funded
by the Federal Government which requires a
non-Federal share for such project or program
and which provides planning or public facilities
otherwise eligible for assistance under this section.
(8) Nothing in this section shall be construed
to preclude any forebearance 1 for the benefit of
the borrower including loan restructuring,
which may be determined by the Secretary as
justified by the failure of anticipated mineral
development or related revenues to materialize
as expected when the loan was made pursuant to
this section.
(9) Recipients of loans made pursuant to this
section shall keep such records as the Secretary
1 So

in original.

Page 518

shall prescribe by regulation, including records
which fully disclose the disposition of the proceeds of such assistance and such other records
as the Secretary may require to facilitate an effective audit. The Secretary and the Comptroller General of the United States or their duly
authorized representatives shall have access, for
the purpose of audit, to such records.
(10) No person in the United States shall, on
the grounds of race, color, religion, national origin, or sex be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under, any program or activity
funded in whole or part with funds made available under this section.
(11) All amounts collected in connection with
loans made pursuant to this section, including
interest payments or repayments of principal on
loans, fees, and other moneys, derived in connection with this section, shall be deposited in the
Treasury as miscellaneous receipts.
(Pub. L. 94–579, title III, § 317(c), Oct. 21, 1976, 90
Stat. 2771; Pub. L. 95–352, § 1(f), Aug. 20, 1978, 92
Stat. 515.)
REFERENCES IN TEXT
Act of February 25, 1920, as amended, referred to in
par. (1), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, as
amended, known as the Mineral Leasing Act, which is
classified generally to chapter 3A (§ 181 et seq.) of Title
30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set
out under section 181 of Title 30 and Tables.
CODIFICATION
Section is comprised of subsec. (c) of section 317 of
Pub. L. 94–579. Subsecs. (a) and (b) of section 317 of Pub.
L. 94–579 are classified to section 191 of Title 30, Mineral
Lands and Mining, and a note set out under that section; respectively.
AMENDMENTS
1978—Pars. (1) and (2). Pub. L. 95–352 redesignated par.
(1) as pars. (1) and (2), in par. (1) struck out provisions
establishing interest rate requirements, and in par. (2)
struck out exception for Alaska and requirements for
repayment. Former par. (2) redesignated (3).
Pars. (3) to (11). Pub. L. 95–352 redesignated former
pars. (2) and (3) as (3) and (4), respectively, and added
pars. (5) to (11).

§ 1748. Funding requirements
(a) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out the purposes
and provisions of this Act, but no amounts shall
be appropriated to carry out after October 1,
2002, any program, function, or activity of the
Bureau under this or any other Act unless such
sums are specifically authorized to be appropriated as of October 21, 1976 or are authorized
to be appropriated in accordance with the provisions of subsection (b) of this section.
(b) Procedure applicable for authorization of appropriations
Consistent with section 1110 of title 31, beginning May 15, 1977, and not later than May 15 of
each second even numbered year thereafter, the
Secretary shall submit to the Speaker of the
House of Representatives and the President of
the Senate a request for the authorization of ap-

Page 519

TITLE 43—PUBLIC LANDS

propriations for all programs, functions, and activities of the Bureau to be carried out during
the four-fiscal-year period beginning on October
1 of the calendar year following the calendar
year in which such request is submitted. The
Secretary shall include in his request, in addition to the information contained in his budget
request and justification statement to the Office
of Management and Budget, the funding levels
which he determines can be efficiently and effectively utilized in the execution of his responsibilities for each such program, function, or activity, notwithstanding any budget guidelines or
limitations imposed by any official or agency of
the executive branch.
(c) Distribution of receipts from Bureau from
disposal of lands, etc.
Nothing in this section shall apply to the distribution of receipts of the Bureau from the disposal of lands, natural resources, and interests
in lands in accordance with applicable law, nor
to the use of contributed funds, private deposits
for public survey work, and townsite trusteeships, nor to fund allocations from other Federal
agencies, reimbursements from both Federal and
non-Federal sources, and funds expended for
emergency firefighting and rehabilitation.
(d) Purchase of certain public lands from Land
and Water Conservation Fund
In exercising the authority to acquire by purchase granted by section 1715(a) of this title, the
Secretary may use the Land and Water Conservation Fund to purchase lands which are necessary for proper management of public lands
which are primarily of value for outdoor recreation purposes.
(Pub. L. 94–579, title III, § 318, Oct. 21, 1976, 90
Stat. 2771; Pub. L. 104–333, div. I, title III, § 310,
Nov. 12, 1996, 110 Stat. 4139.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, as amended, known as the
Federal Land Policy and Management Act of 1976. For
complete classification of this Act to the Code, see
Tables.
CODIFICATION
In subsec. (b), ‘‘section 1110 of title 31’’ substituted
for ‘‘section 607 of the Congressional Budget Act of 1974
[31 U.S.C. 11c]’’ on authority of Pub. L. 97–258, § 4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which
enacted Title 31, Money and Finance.
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–333 substituted ‘‘October
1, 2002’’ for ‘‘October 1, 1978’’.

§ 1748a. FLAME Wildfire Suppression Reserve
Funds
(a) Definitions
In this section:
(1) Federal land
The term ‘‘Federal land’’ means—
(A) public land, as defined in section 1702
of this title;
(B) units of the National Park System;
(C) refuges of the National Wildlife Refuge
System;

§ 1748a

(D) land held in trust by the United States
for the benefit of Indian tribes or members
of an Indian tribe; and
(E) land in the National Forest System, as
defined in section 1609(a) of title 16.
(2) FLAME Fund
The term ‘‘FLAME Fund’’ means a FLAME
Wildfire Suppression Reserve Fund established
by subsection (b).
(3) Relevant congressional committees
The term ‘‘relevant congressional committees’’ means the Committee on Appropriations, the Committee on Natural Resources,
and the Committee on Agriculture of the
House of Representatives and the Committee
on Appropriations, the Committee on Energy
and Natural Resources, and the Committee on
Indian Affairs of the Senate.
(4) Secretary concerned
The term ‘‘Secretary concerned’’ means—
(A) the Secretary of the Interior, with respect to—
(i) Federal land described in subparagraphs (A), (B), (C), and (D) of paragraph
(1); and
(ii) the FLAME Fund established for the
Department of the Interior; and
(B) the Secretary of Agriculture, with respect to—
(i) National Forest System land; and
(ii) the FLAME Fund established for the
Department of the Agriculture.
(b) Establishment of FLAME Funds
There is established in the Treasury of the
United States the following accounts:
(1) The FLAME Wildfire Suppression Reserve Fund for the Department of the Interior.
(2) The FLAME Wildfire Suppression Reserve Fund for the Department of Agriculture.
(c) Purpose of FLAME Funds
The FLAME Funds shall be available to cover
the costs of large or complex wildfire events and
as a reserve when amounts provided for wildfire
suppression and Federal emergency response in
the Wildland Fire Management appropriation
accounts are exhausted.
(d) Funding
(1) Credits to funds
A FLAME Fund shall consist of the following:
(A) Such amounts as are appropriated to
that FLAME Fund.
(B) Such amounts as are transferred to
that FLAME Fund under paragraph (5).
(2) Authorization of appropriations
(A) Authorization of appropriations
There are authorized to be appropriated to
the FLAME Funds such amounts as are necessary to carry out this section.
(B) Congressional intent
It is the intent of Congress that, for fiscal
year 2011 and each fiscal year thereafter, the
amounts requested by the President for a
FLAME Fund should be not less than the
amount estimated by the Secretary con-

§ 1748a

TITLE 43—PUBLIC LANDS

cerned as the amount necessary for that fiscal year for wildfire suppression activities of
the Secretary that meet the criteria specified in subsection (e)(2)(B)(i).
(C) Sense of Congress on designation of
flame fund appropriations, supplemental
funding request, and supplement to other
suppression funding
It is the sense of Congress that for fiscal
year 2011 and each fiscal year thereafter—
(i) amounts appropriated to a FLAME
Fund in excess of the amount estimated by
the Secretary concerned as the amount
necessary for that fiscal year for wildfire
suppression activities of the Secretary
that meet the criteria specified in subsection (e)(2)(B)(i) should be designated as
amounts necessary to meet emergency
needs;
(ii) the Secretary concerned should
promptly make a supplemental request for
additional funds to replenish the FLAME
Fund if the Secretary determines that the
FLAME Fund will be exhausted within 30
days; and
(iii) funding made available through the
FLAME Fund should be used to supplement the funding otherwise appropriated
to the Secretary concerned for wildfire
suppression and Federal emergency response in the Wildland Fire Management
appropriation accounts.
(3) Availability
Amounts in a FLAME Fund shall remain
available to the Secretary concerned until expended.
(4) Notice of insufficient funds
The Secretary concerned shall notify the
relevant congressional committees if the Secretary estimates that only 60 days worth of
funds remain in the FLAME Fund administered by that Secretary.
(5) Transfer authority
If a FLAME Fund has insufficient funds, the
Secretary concerned administering the other
FLAME Fund may transfer amounts to the
FLAME Fund with insufficient funds. Not
more than $100,000,000 may be transferred from
a FLAME Fund during any fiscal year under
this authority.
(e) Use of FLAME Fund
(1) In general
Subject to paragraphs (2) and (3), amounts in
a FLAME Fund shall be available to the Secretary concerned to transfer to the Wildland
Fire Management appropriation account of
that Secretary to pay the costs of wildfire suppression activities of that Secretary that are
separate from amounts for wildfire suppression activities annually appropriated to that
Secretary under the Wildland Fire Management appropriation account of that Secretary.
(2) Declaration required
(A) In general
Amounts in a FLAME Fund shall be available for transfer under paragraph (1) only

Page 520

after that Secretary concerned issues a declaration that a wildfire suppression event is
eligible for funding from the FLAME Fund.
(B) Declaration criteria
A declaration by the Secretary concerned
under subparagraph (A) may be issued only
if—
(i) in the case of an individual wildfire
incident—
(I) the fire covers 300 or more acres; or
(II) the Secretary concerned determines that the fire has required an emergency Federal response based on the significant complexity, severity, or threat
posed by the fire to human life, property,
or resources; or
(ii) the cumulative costs of wildfire suppression and Federal emergency response
activities for the Secretary concerned will
exceed, within 30 days, all of the amounts
previously
appropriated
(including
amounts appropriated under an emergency
designation, but excluding amounts appropriated to the FLAME Fund) to the Secretary concerned for wildfire suppression
and Federal emergency response.
(3) State, private, and tribal land
Use of a FLAME Fund for emergency wildfire suppression activities on State land, private land, and tribal land shall be consistent
with any existing agreements in which the
Secretary concerned has agreed to assume responsibility for wildfire suppression activities
on the land.
(f) Treatment of anticipated and predicted activities
For fiscal year 2011 and subsequent fiscal
years, the Secretary concerned shall request
funds within the Wildland Fire Management appropriation account of that Secretary for regular wildfire suppression activities that do not
meet the criteria specified in subsection
(e)(2)(B)(i).
(g) Prohibition on other transfers
The Secretary concerned may not transfer
funds from non-fire accounts to the Wildland
Fire Management appropriation account of that
Secretary unless amounts in the FLAME Fund
of that Secretary and any amounts appropriated
to that Secretary for the purpose of wildfire suppression will be exhausted within 30 days.
(h) Accounting and reports
(1) Accounting and reporting requirements
The Secretary concerned shall account and
report on amounts transferred from the respective FLAME Fund in a manner that is
consistent with existing National Fire Plan
reporting procedures.
(2) Annual report
The Secretary concerned shall submit to the
relevant congressional committees and make
available to the public an annual report that—
(A) describes the obligation and expenditure of amounts transferred from the
FLAME Fund; and
(B) includes any recommendations that
the Secretary concerned may have to im-

Page 521

§ 1751

TITLE 43—PUBLIC LANDS

prove the administrative control and oversight of the FLAME Fund.
(3) Estimates of wildfire suppression costs to
improve budgeting and funding
(A) In general
Consistent with the schedule provided in
subparagraph (C), the Secretary concerned
shall submit to the relevant congressional
committees an estimate of anticipated wildfire suppression costs for the applicable fiscal year.
(B) Independent review
The methodology for developing the estimates under subparagraph (A) shall be subject to periodic independent review to ensure
compliance with subparagraph (D).
(C) Schedule
The Secretary concerned shall submit an
estimate under subparagraph (A) during—
(i) the first week of March of each year;
(ii) the first week of May of each year;
(iii) the first week of July of each year;
and
(iv) if a bill making appropriations for
the Department of the Interior and the
Forest Service for the following fiscal year
has not been enacted by September 1, the
first week of September of each year.
(D) Requirements
An estimate of anticipated wildfire suppression costs shall be developed using the
best available—
(i) climate, weather, and other relevant
data; and
(ii) models and other analytic tools.
(i) Termination of authority
The authority of the Secretary concerned to
use the FLAME Fund established for that Secretary shall terminate at the end of the third
fiscal year in which no appropriations to, or
withdrawals from, that FLAME Fund have been
made for a period of three consecutive fiscal
years. Upon termination of such authority, any
amounts remaining in the affected FLAME
Fund shall be transferred to, and made a part of,
the Wildland Fire Management appropriation
account of the Secretary concerned for wildland
suppression activities.
(Pub. L. 111–88, div. A, title V, § 502, Oct. 30, 2009,
123 Stat. 2968.)
CODIFICATION
Section was enacted as part of the Federal Land Assistance, Management, and Enhancement Act of 2009,
also known as the FLAME Act of 2009, and also as part
of the Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2010, and not as
part of the Federal Land Policy and Management Act
of 1976 which comprises this chapter.

§ 1748b. Cohesive wildfire management strategy
(a) Strategy required
Not later than one year after October 30, 2009,
the Secretary of the Interior and the Secretary
of Agriculture, acting jointly, shall submit to
Congress a report that contains a cohesive wildfire management strategy, consistent with the

recommendations described in recent reports of
the Government Accountability Office regarding
management strategies.
(b) Elements of strategy
The strategy required by subsection (a) shall
provide for—
(1) the identification of the most cost-effective means for allocating fire management
budget resources;
(2) the reinvestment in non-fire programs by
the Secretary of the Interior and the Secretary of Agriculture;
(3) employing the appropriate management
response to wildfires;
(4) assessing the level of risk to communities;
(5) the allocation of hazardous fuels reduction funds based on the priority of hazardous
fuels reduction projects;
(6) assessing the impacts of climate change
on the frequency and severity of wildfire; and
(7) studying the effects of invasive species on
wildfire risk.
(c) Revision
At least once during each five-year period beginning on the date of the submission of the cohesive wildfire management strategy under subsection (a), the Secretary of the Interior and the
Secretary of Agriculture shall revise the strategy to address any changes affecting the strategy, including changes with respect to landscape, vegetation, climate, and weather.
(Pub. L. 111–88, div. A, title V, § 503, Oct. 30, 2009,
123 Stat. 2971.)
CODIFICATION
Section was enacted as part of the Federal Land Assistance, Management, and Enhancement Act of 2009,
also known as the FLAME Act of 2009, and also as part
of the Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2010, and not as
part of the Federal Land Policy and Management Act
of 1976 which comprises this chapter.

SUBCHAPTER IV—RANGE MANAGEMENT
§ 1751. Grazing fees; feasibility study; contents;
submission of report; annual distribution
and use of range betterment funds; nature of
distributions
(a) The Secretary of Agriculture and the Secretary of the Interior shall jointly cause to be
conducted a study to determine the value of
grazing on the lands under their jurisdiction in
the eleven Western States with a view to establishing a fee to be charged for domestic livestock grazing on such lands which is equitable
to the United States and to the holders of grazing permits and leases on such lands. In making
such study, the Secretaries shall take into consideration the costs of production normally associated with domestic livestock grazing in the
eleven Western States, differences in forage values, and such other factors as may relate to the
reasonableness of such fees. The Secretaries
shall report the result of such study to the Congress not later than one year from and after October 21, 1976, together with recommendations to
implement a reasonable grazing fee schedule
based upon such study. If the report required

§ 1752

TITLE 43—PUBLIC LANDS

herein has not been submitted to the Congress
within one year after October 21, 1976, the grazing fee charge then in effect shall not be altered
and shall remain the same until such report has
been submitted to the Congress. Neither Secretary shall increase the grazing fee in the 1977
grazing year.
(b)(1) Congress finds that a substantial amount
of the Federal range lands is deteriorating in
quality, and that installation of additional
range improvements could arrest much of the
continuing deterioration and could lead to substantial betterment of forage conditions with resulting benefits to wildlife, watershed protection, and livestock production. Congress therefore directs that 50 per centum or $10,000,000 per
annum, whichever is greater of all moneys received by the United States as fees for grazing
domestic livestock on public lands (other than
from ceded Indian lands) under the Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.) and
the Act of August 28, 1937 (50 Stat. 874; 43 U.S.C.
1181d), and on lands in National Forests in the
sixteen contiguous Western States under the
provisions of this section shall be credited to a
separate account in the Treasury, one-half of
which is authorized to be appropriated and made
available for use in the district, region, or national forest from which such moneys were derived, as the respective Secretary may direct
after consultation with district, regional, or national forest user representatives, for the purpose of on-the-ground range rehabilitation, protection, and improvements on such lands, and
the remaining one-half shall be used for on-theground range rehabilitation, protection, and improvements as the Secretary concerned directs.
Any funds so appropriated shall be in addition to
any other appropriations made to the respective
Secretary for planning and administration of
the range betterment program and for other
range management. Such rehabilitation, protection, and improvements shall include all forms
of range land betterment including, but not limited to, seeding and reseeding, fence construction, weed control, water development, and fish
and wildlife habitat enhancement as the respective Secretary may direct after consultation
with user representatives. The annual distribution and use of range betterment funds authorized by this paragraph shall not be considered a
major Federal action requiring a detailed statement pursuant to section 4332(c) 1 of title 42.
(2) All distributions of moneys made under
subsection (b)(1) of this section shall be in addition to distributions made under section 10 of
the Taylor Grazing Act [43 U.S.C. 315i] and shall
not apply to distribution of moneys made under
section 11 of that Act [43 U.S.C. 315j]. The remaining moneys received by the United States
as fees for grazing domestic livestock on the
public lands shall be deposited in the Treasury
as miscellaneous receipts.
(Pub. L. 94–579, title IV, § 401(a), (b)(1), (2), Oct.
21, 1976, 90 Stat. 2772; Pub. L. 95–514, § 6(b), Oct.
25, 1978, 92 Stat. 1806.)
REFERENCES IN TEXT
The Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et
seq.), referred to in subsec. (b), is act June 28, 1934, ch.
1 So

in original. Probably means ‘‘4332(2)(C)’’.

Page 522

865, 48 Stat. 1269, as amended, which is classified principally to subchapter I (§ 315 et seq.) of chapter 8A of
this title. For complete classification of this Act to the
Code, see Short Title note set out under section 315 of
this title and Tables.
Act of August 28, 1937, referred to in subsec. (b)(2), is
act Aug. 28, 1937, ch. 876, 50 Stat. 874, as amended, which
is classified to sections 1181a to 1181f of this title. For
complete classification of this Act to the Code, see
Tables.
CODIFICATION
Subsec. (b)(2) of this section is comprised of second
and third sentences of section 401(b)(2) of Pub. L. 94–579.
The first sentence of such section 401(b)(2) amended
section 315i(b) of this title.
AMENDMENTS
1978—Subsec. (b)(1). Pub. L. 95–514 inserted ‘‘or
$10,000,000 per annum, whichever is greater’’ after ‘‘50
per centum’’ and substituted ‘‘sixteen contiguous Western States’’ for ‘‘eleven contiguous Western States’’.
MORATORIUM ON INCREASE OF GRAZING FEE FOR 1978
GRAZING YEAR
Pub. L. 95–321, July 21, 1978, 92 Stat. 394, in order to
allow the Congress sufficient time to analyze the report
and recommendations of the Secretaries of Interior and
Agriculture under subsec. (a) of this section and to
take appropriate action, provided that the 1978 grazing
year fee was not to be raised by the Secretary of the Interior for the grazing of livestock on public lands nor
by the Secretary of Agriculture for such grazing on
lands under the jurisdiction of the Forest Service.

§ 1752. Grazing leases and permits
(a) Terms and conditions
Except as provided in subsection (b) of this
section, permits and leases for domestic livestock grazing on public lands issued by the Secretary under the Act of June 28, 1934 (48 Stat.
1269, as amended; 43 U.S.C. 315 et seq.) or the Act
of August 28, 1937 (50 Stat. 874, as amended; 43
U.S.C. 1181a–1181j), or by the Secretary of Agriculture, with respect to lands within National
Forests in the sixteen contiguous Western
States, shall be for a term of ten years subject
to such terms and conditions the Secretary concerned deems appropriate and consistent with
the governing law, including, but not limited to,
the authority of the Secretary concerned to cancel, suspend, or modify a grazing permit or
lease, in whole or in part, pursuant to the terms
and conditions thereof, or to cancel or suspend a
grazing permit or lease for any violation of a
grazing regulation or of any term or condition
of such grazing permit or lease.
(b) Terms of lesser duration
Permits or leases may be issued by the Secretary concerned for a period shorter than ten
years where the Secretary concerned determines
that—
(1) the land is pending disposal; or
(2) the land will be devoted to a public purpose prior to the end of ten years; or
(3) it will be in the best interest of sound
land management to specify a shorter term:
Provided, That the absence from an allotment
management plan of details the Secretary concerned would like to include but which are undeveloped shall not be the basis for establishing a term shorter than ten years: Provided
further, That the absence of completed land

Page 523

§ 1752

TITLE 43—PUBLIC LANDS

use plans or court ordered environmental
statements shall not be the sole basis for establishing a term shorter than ten years unless the Secretary determines on a case-bycase basis that the information to be contained in such land use plan or court ordered
environmental impact statement is necessary
to determine whether a shorter term should be
established for any of the reasons set forth in
items (1) through (3) of this subsection.
(c) First priority for renewal of expiring permit
or lease
So long as (1) the lands for which the permit
or lease is issued remain available for domestic
livestock grazing in accordance with land use
plans prepared pursuant to section 1712 of this
title or section 1604 of title 16, (2) the permittee
or lessee is in compliance with the rules and regulations issued and the terms and conditions in
the permit or lease specified by the Secretary
concerned, and (3) the permittee or lessee accepts the terms and conditions to be included by
the Secretary concerned in the new permit or
lease, the holder of the expiring permit or lease
shall be given first priority for receipt of the
new permit or lease.
(d) Allotment management plan requirements
All permits and leases for domestic livestock
grazing issued pursuant to this section may incorporate an allotment management plan developed by the Secretary concerned. However,
nothing in this subsection shall be construed to
supersede any requirement for completion of
court ordered environmental impact statements
prior to development and incorporation of allotment management plans. If the Secretary concerned elects to develop an allotment management plan for a given area, he shall do so in
careful and considered consultation, cooperation
and coordination with the lessees, permittees,
and landowners involved, the district grazing
advisory boards established pursuant to section
1753 of this title, and any State or States having
lands within the area to be covered by such allotment management plan. Allotment management plans shall be tailored to the specific
range condition of the area to be covered by
such plan, and shall be reviewed on a periodic
basis to determine whether they have been effective in improving the range condition of the
lands involved or whether such lands can be better managed under the provisions of subsection
(e) of this section. The Secretary concerned may
revise or terminate such plans or develop new
plans from time to time after such review and
careful and considered consultation, cooperation
and coordination with the parties involved. As
used in this subsection, the terms ‘‘court ordered environmental impact statement’’ and
‘‘range condition’’ shall be defined as in the
‘‘Public Rangelands Improvement Act of 1978 [43
U.S.C. 1901 et seq.]’’.
(e) Omission of allotment management plan requirements and incorporation of appropriate
terms and conditions; reexamination of
range conditions
In all cases where the Secretary concerned has
not completed an allotment management plan
or determines that an allotment management

plan is not necessary for management of livestock operations and will not be prepared, the
Secretary concerned shall incorporate in grazing
permits and leases such terms and conditions as
he deems appropriate for management of the
permitted or leased lands pursuant to applicable
law. The Secretary concerned shall also specify
therein the numbers of animals to be grazed and
the seasons of use and that he may reexamine
the condition of the range at any time and, if he
finds on reexamination that the condition of the
range requires adjustment in the amount or
other aspect of grazing use, that the permittee
or lessee shall adjust his use to the extent the
Secretary concerned deems necessary. Such readjustment shall be put into full force and effect
on the date specified by the Secretary concerned.
(f) Allotment management plan applicability to
non-Federal lands; appeal rights
Allotment management plans shall not refer
to livestock operations or range improvements
on non-Federal lands except where the non-Federal lands are intermingled with, or, with the
consent of the permittee or lessee involved, associated with, the Federal lands subject to the
plan. The Secretary concerned under appropriate regulations shall grant to lessees and permittees the right of appeal from decisions which
specify the terms and conditions of allotment
management plans. The preceding sentence of
this subsection shall not be construed as limiting any other right of appeal from decisions of
such officials.
(g) Cancellation of permit or lease; determination of reasonable compensation; notice
Whenever a permit or lease for grazing domestic livestock is canceled in whole or in part, in
order to devote the lands covered by the permit
or lease to another public purpose, including disposal, the permittee or lessee shall receive from
the United States a reasonable compensation for
the adjusted value, to be determined by the Secretary concerned, of his interest in authorized
permanent improvements placed or constructed
by the permittee or lessee on lands covered by
such permit or lease, but not to exceed the fair
market value of the terminated portion of the
permittee’s or lessee’s interest therein. Except
in cases of emergency, no permit or lease shall
be canceled under this subsection without two
years’ prior notification.
(h) Applicability of provisions to rights, etc., in
or to public lands or lands in National Forests
Nothing in this Act shall be construed as
modifying in any way law existing on October
21, 1976, with respect to the creation of right,
title, interest or estate in or to public lands or
lands in National Forests by issuance of grazing
permits and leases.
(Pub. L. 94–579, title IV, § 402, Oct. 21, 1976, 90
Stat. 2772, 2773; Pub. L. 95–514, §§ 7, 8, Oct. 25,
1978, 92 Stat. 1807.)
REFERENCES IN TEXT
Act of June 28, 1934, referred to in subsec. (a), is act
June 28, 1934, ch. 865, 48 Stat. 1269, known as the Taylor
Grazing Act, which is classified principally to sub-

§ 1753

TITLE 43—PUBLIC LANDS

chapter I (§ 315 et seq.) of chapter 8A of this title. For
complete classification of this Act to the Code, see
Short Title note set out under section 315 of this title
and Tables.
Act of August 28, 1937 (50 Stat. 874; 43 U.S.C.
1181a–1181j), referred to in subsec. (a), is act Aug. 28,
1937, ch. 876, 50 Stat. 874, which is classified principally
to section 1181a et seq. of this title. Sections 1181f–1 to
1181f–4, included within the parenthetical reference to
sections 1181a to 1181j, were enacted by act May 24, 1939,
ch. 144, 53 Stat. 753. Sections 1181g to 1181j, also included within the parenthetical reference to sections
1181a to 1181j, were enacted by act June 24, 1954, ch. 357,
68 Stat. 270. Section 1181c, also included within the parenthetical reference to sections 1181a to 1181j, was repealed by Pub. L. 94–579, title VII, § 702, Oct. 21, 1976, 90
Stat. 2787. For complete classification of these Acts to
the Code, see Tables.
The Public Rangelands Improvement Act of 1978, referred to in subsec. (d), is Pub. L. 95–514, Oct. 25, 1978,
92 Stat. 1803, which is classified principally to chapter
37 (§ 1901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set
out under section 1901 of this title and Tables.
This Act, referred to in subsec. (h), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land
Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–514, § 7(b), substituted
‘‘sixteen contiguous Western States’’ for ‘‘eleven contiguous Western States’’.
Subsec. (b)(3). Pub. L. 95–514, § 7(a), inserted provision
that absence of completed land use plans or court ordered environmental statements shall not be the sole
basis for establishing a term shorter than ten years unless information therein would be necessary to determine whether a shorter term should be established for
any of the specified reasons.
Subsec. (d). Pub. L. 95–514, § 8(a), struck out ‘‘, with
the exceptions authorized in subsection (e) of this section, on and after October 1, 1988,’’ after ‘‘pursuant to
this section’’ and inserted provisions prohibiting any
requirements for completion of court ordered environmental impact statements prior to development and incorporation of allotment plans from being superseded
by subsec. (d), providing for careful and considered consultation, cooperation, and coordination with certain
persons, including landowners involved, district grazing
advisory boards and States having lands within the
covered area and for tailoring allotment management
plans to the specific range condition of the covered
area and periodic review thereof, authorizing the Secretary to terminate or develop the plans after review
and careful and considered consultation, cooperation,
and coordination with the parties involved, and defining ‘‘court ordered environmental impact statement’’
and ‘‘range condition’’.
Subsec. (e). Pub. L. 95–514, § 8(b), substituted introductory word ‘‘In’’ for ‘‘Prior to October 1, 1988, or
thereafter, in’’.
GRAZING PERMIT RENEWALS
Pub. L. 108–108, title III, § 325, Nov. 10, 2003, 117 Stat.
1308, provided in part: ‘‘That beginning in November
2004, and every year thereafter, the Secretaries of the
Interior and Agriculture shall report to Congress the
extent to which they are completing analysis required
under applicable laws prior to the expiration of grazing
permits, and beginning in May 2004, and every two
years thereafter, the Secretaries shall provide Congress
recommendations for legislative provisions necessary
to ensure all permit renewals are completed in a timely
manner. The legislative recommendations provided

Page 524

shall be consistent with the funding levels requested in
the Secretaries’ budget proposals’’.
APPEALS OF REDUCTIONS IN GRAZING ALLOTMENTS ON
PUBLIC RANGELAND; TIME; EFFECTIVE DATE OF REDUCTIONS; SUSPENSION PENDING FINAL ACTION ON APPEAL

Provisions requiring appeals of reductions in grazing
allotments on public rangelands to be taken within a
certain time period; providing that reductions of up to
10 per centum in grazing allotments are effective when
so designated by the Secretary; suspending proposed reductions in excess of 10 per centum pending final action
on appeals; and requiring final action on appeals to be
completed within 2 years of filing of the appeal were
contained in the following appropriation acts:
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378.
Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 993.
Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1917.
Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 704.
Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1776.
Pub. L. 100–202, § 101(g) [title I], Dec. 22, 1987, 101 Stat.
1329–213, 1329–216.
Pub. L. 99–500, § 101(h) [title I], Oct. 18, 1986, 100 Stat.
1783–242, 1783–245, and Pub. L. 99–591, § 101(h) [title I],
Oct. 30, 1986, 100 Stat. 3341–242, 3341–245.
Pub. L. 99–190, § 101(d) [title I], Dec. 19, 1985, 99 Stat.
1224, 1226.
Pub. L. 98–473, title I, § 101(c) [title I], Oct. 12, 1984, 98
Stat. 1837, 1840.
Pub. L. 98–146, title I, Nov. 4, 1983, 97 Stat. 921.
Pub. L. 97–394, title I, Dec. 30, 1982, 96 Stat. 1968.
Pub. L. 97–100, title I, Dec. 23, 1981, 95 Stat. 1393.
Pub. L. 96–514, title I, Dec. 12, 1980, 94 Stat. 2959.
Pub. L. 96–126, title I, Nov. 27, 1979, 93 Stat. 956.

§ 1753. Grazing advisory boards
(a) Establishment; maintenance
For each Bureau district office and National
Forest headquarters office in the sixteen contiguous Western States having jurisdiction over
more than five hundred thousand acres of lands
subject to commercial livestock grazing (hereinafter in this section referred to as ‘‘office’’), the
Secretary and the Secretary of Agriculture,
upon the petition of a simple majority of the
livestock lessees and permittees under the jurisdiction of such office, shall establish and maintain at least one grazing advisory board of not
more than fifteen advisers.
(b) Functions
The function of grazing advisory boards established pursuant to this section shall be to offer
advice and make recommendations to the head
of the office involved concerning the development of allotment management plans and the
utilization of range-betterment funds.
(c) Appointment and terms of members
The number of advisers on each board and the
number of years an adviser may serve shall be
determined by the Secretary concerned in his
discretion. Each board shall consist of livestock
representatives who shall be lessees or permittees in the area administered by the office concerned and shall be chosen by the lessees and
permittees in the area through an election prescribed by the Secretary concerned.
(d) Meetings
Each grazing advisory board shall meet at
least once annually.
(e) Federal Advisory Committee Act applicability
Except as may be otherwise provided by this
section, the provisions of the Federal Advisory

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TITLE 43—PUBLIC LANDS

Committee Act (86 Stat. 770) shall apply to grazing advisory boards.
(f) Expiration date
The provisions of this section shall expire December 31, 1985.
(Pub. L. 94–579, title IV, § 403, Oct. 21, 1976, 90
Stat. 2775; Pub. L. 95–514, § 10, Oct. 25, 1978, 92
Stat. 1808.)
REFERENCES IN TEXT
The Federal Advisory Committee Act, referred to in
subsec. (e), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, as
amended, which is set out in the Appendix to Title 5,
Government Organization and Employees.
AMENDMENTS
1978—Subsec. (a). Pub. L. 95–514 substituted ‘‘sixteen
contiguous Western States’’ for ‘‘eleven contiguous
Western States’’.

SUBCHAPTER V—RIGHTS-OF-WAY
§ 1761. Grant, issue, or renewal of rights-of-way
(a) Authorized purposes
The Secretary, with respect to the public
lands (including public lands, as defined in section 1702(e) of this title, which are reserved from
entry pursuant to section 24 of the Federal
Power Act (16 U.S.C. 818)) and, the Secretary of
Agriculture, with respect to lands within the
National Forest System (except in each case
land designated as wilderness), are authorized to
grant, issue, or renew rights-of-way over, upon,
under, or through such lands for—
(1) reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and systems for the impoundment,
storage, transportation, or distribution of
water;
(2) pipelines and other systems for the transportation or distribution of liquids and gases,
other than water and other than oil, natural
gas, synthetic liquid or gaseous fuels, or any
refined product produced therefrom, and for
storage and terminal facilities in connection
therewith;
(3) pipelines, slurry and emulsion systems,
and conveyor belts for transportation and distribution of solid materials, and facilities for
the storage of such materials in connection
therewith;
(4) systems for generation, transmission, and
distribution of electric energy, except that the
applicant shall also comply with all applicable
requirements of the Federal Energy Regulatory Commission under the Federal Power
Act, including part 1 1 thereof (41 Stat. 1063, 16
U.S.C. 791a–825r).; 2
(5) systems for transmission or reception of
radio, television, telephone, telegraph, and
other electronic signals, and other means of
communication;
(6) roads, trails, highways, railroads, canals,
tunnels, tramways, airways, livestock driveways, or other means of transportation except
where such facilities are constructed and
1 So

in original. Probably should be part ‘‘I’’.
in original. The period preceding the semicolon probably
should not appear.

§ 1761

maintained in connection with commercial
recreation facilities on lands in the National
Forest System; or
(7) such other necessary transportation or
other systems or facilities which are in the
public interest and which require rights-ofway over, upon, under, or through such lands.
(b) Procedures applicable; administration
(1) The Secretary concerned shall require,
prior to granting, issuing, or renewing a rightof-way, that the applicant submit and disclose
those plans, contracts, agreements, or other information reasonably related to the use, or intended use, of the right-of-way, including its effect on competition, which he deems necessary
to a determination, in accordance with the provisions of this Act, as to whether a right-of-way
shall be granted, issued, or renewed and the
terms and conditions which should be included
in the right-of-way.
(2) If the applicant is a partnership, corporation, association, or other business entity, the
Secretary concerned, prior to granting a rightto-way 3 pursuant to this subchapter, shall require the applicant to disclose the identity of
the participants in the entity, when he deems it
necessary to a determination, in accordance
with the provisions of this subchapter, as to
whether a right-of-way shall be granted, issued,
or renewed and the terms and conditions which
should be included in the right-of-way. Such disclosures shall include, where applicable: (A) the
name and address of each partner; (B) the name
and address of each shareholder owning 3 per
centum or more of the shares, together with the
number and percentage of any class of voting
shares of the entity which such shareholder is
authorized to vote; and (C) the name and address
of each affiliate of the entity together with, in
the case of an affiliate controlled by the entity,
the number of shares and the percentage of any
class of voting stock of that affiliate owned, directly or indirectly, by that entity, and, in the
case of an affiliate which controls that entity,
the number of shares and the percentage of any
class of voting stock of that entity owned, directly or indirectly, by the affiliate.
(3) The Secretary of Agriculture shall have the
authority to administer all rights-of-way granted or issued under authority of previous Acts
with respect to lands under the jurisdiction of
the Secretary of Agriculture, including rightsof-way granted or issued pursuant to authority
given to the Secretary of the Interior by such
previous Acts.
(c) Permanent easement for water systems; issuance, preconditions, etc.
(1) Upon receipt of a written application pursuant to paragraph (2) of this subsection from an
applicant meeting the requirements of this subsection, the Secretary of Agriculture shall issue
a permanent easement, without a requirement
for reimbursement, for a water system as described in subsection (a)(1) of this section, traversing Federal lands within the National Forest System (‘‘National Forest Lands’’), constructed and in operation or placed into operation prior to October 21, 1976, if—

2 So

3 So

in original. Probably should be ‘‘right-of-way’’.

§ 1761

TITLE 43—PUBLIC LANDS

(A) the traversed National Forest lands are
in a State where the appropriation doctrine
governs the ownership of water rights;
(B) at the time of submission of the application the water system is used solely for agricultural irrigation or livestock watering purposes;
(C) the use served by the water system is not
located solely on Federal lands;
(D) the originally constructed facilities comprising such system have been in substantially
continuous operation without abandonment;
(E) the applicant has a valid existing right,
established under applicable State law, for
water to be conveyed by the water system;
(F) a recordable survey and other information concerning the location and characteristics of the system as necessary for proper
management of National Forest lands is provided to the Secretary of Agriculture by the
applicant for the easement; and
(G) the applicant submits such application
on or before December 31, 1996.
(2)(A) Nothing in this subsection shall be construed as affecting any grants made by any previous Act. To the extent any such previous
grant of right-of-way is a valid existing right, it
shall remain in full force and effect unless an
owner thereof notifies the Secretary of Agriculture that such owner elects to have a water
system on such right-of-way governed by the
provisions of this subsection and submits a written application for issuance of an easement pursuant to this subsection, in which case upon the
issuance of an easement pursuant to this subsection such previous grant shall be deemed to
have been relinquished and shall terminate.
(B) Easements issued under the authority of
this subsection shall be fully transferable with
all existing conditions and without the imposition of fees or new conditions or stipulations at
the time of transfer. The holder shall notify the
Secretary of Agriculture within sixty days of
any address change of the holder or change in
ownership of the facilities.
(C) Easements issued under the authority of
this subsection shall include all changes or
modifications to the original facilities in existence as of October 21, 1976, the date of enactment of this Act.
(D) Any future extension or enlargement of facilities after October 21, 1976, shall require the
issuance of a separate authorization, not authorized under this subsection.
(3)(A) Except as otherwise provided in this
subsection, the Secretary of Agriculture may
terminate or suspend an easement issued pursuant to this subsection in accordance with the
procedural and other provisions of section 1766
of this title. An easement issued pursuant to
this subsection shall terminate if the water system for which such easement was issued is used
for any purpose other than agricultural irrigation or livestock watering use. For purposes of
subparagraph (D) of paragraph (1) of this subsection, non-use of a water system for agricultural irrigation or livestock watering purposes
for any continuous five-year period shall constitute a rebuttable presumption of abandonment of the facilities comprising such system.
(B) Nothing in this subsection shall be deemed
to be an assertion by the United States of any

Page 526

right or claim with regard to the reservation,
acquisition, or use of water. Nothing in this subsection shall be deemed to confer on the Secretary of Agriculture any power or authority to
regulate or control in any manner the appropriation, diversion, or use of water for any purpose (nor to diminish any such power or authority of such Secretary under applicable law) or to
require the conveyance or transfer to the United
States of any right or claim to the appropriation, diversion, or use of water.
(C) Except as otherwise provided in this subsection, all rights-of-way issued pursuant to this
subsection are subject to all conditions and requirements of this Act.
(D) In the event a right-of-way issued pursuant
to this subsection is allowed to deteriorate to
the point of threatening persons or property and
the holder of the right-of-way, after consultation with the Secretary of Agriculture, refuses
to perform the repair and maintenance necessary to remove the threat to persons or property, the Secretary shall have the right to undertake such repair and maintenance on the
right-of-way and to assess the holder for the
costs of such repair and maintenance, regardless
of whether the Secretary had required the holder to furnish a bond or other security pursuant
to subsection (i) of this section.
(d) Rights-of-way on certain Federal lands
With respect to any project or portion thereof
that was licensed pursuant to, or granted an exemption from, part I of the Federal Power Act
[16 U.S.C. 791a et seq.] which is located on lands
subject to a reservation under section 24 of the
Federal Power Act [16 U.S.C. 818] and which did
not receive a permit, right-of-way or other approval under this section prior to October 24,
1992, no such permit, right-of-way, or other approval shall be required for continued operation,
including continued operation pursuant to section 15 of the Federal Power Act [16 U.S.C. 808],
of such project unless the Commission determines that such project involves the use of any
additional public lands or National Forest lands
not subject to such reservation.
(Pub. L. 94–579, title V, § 501, Oct. 21, 1976, 90
Stat. 2776; Pub. L. 99–545, § 1(b), (c), Oct. 27, 1986,
100 Stat. 3047, 3048; Pub. L. 102–486, title XXIV,
§ 2401, Oct. 24, 1992, 106 Stat. 3096.)
REFERENCES IN TEXT
The Federal Power Act, referred to in subsecs. (a)(4)
and (d), is act June 20, 1920, ch. 285, 41 Stat. 1063, as
amended, which is classified generally to chapter 12
(§ 791a et seq.) of Title 16, Conservation. Part I of the
Act is classified generally to subchapter I (§ 791a et
seq.) of chapter 12 of Title 16. For complete classification of this Act to the Code, see section 791a of Title 16
and Tables.
This Act, referred to in subsecs. (b)(1) and (c)(3)(C), is
Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended,
known as the Federal Land Policy and Management
Act of 1976. For complete classification of this Act to
the Code, see Tables.
AMENDMENTS
1992—Subsec. (a). Pub. L. 102–486, § 2401(1), inserted
‘‘(including public lands, as defined in section 1702(e) of
this title, which are reserved from entry pursuant to
section 24 of the Federal Power Act (16 U.S.C. 818))’’.
Subsec. (a)(4). Pub. L. 102–486, § 2401(2), substituted
‘‘Federal Energy Regulatory Commission under the

Page 527

TITLE 43—PUBLIC LANDS

Federal Power Act, including part 1 thereof (41 Stat.
1063, 16 U.S.C. 791a–825r).’’ for ‘‘Federal Power Commission under the Federal Power Act of 1935 (49 Stat. 847;
16 U.S.C. 791)’’. The substitution was made to reflect
the probable intent of Congress, in the absence of closing quotations designating the provisions to be struck
out.
Subsec. (d). Pub. L. 102–486, § 2401(3), added subsec. (d).
1986—Subsec. (b)(3). Pub. L. 99–545, § 1(c), added par.
(3).
Subsec. (c). Pub. L. 99–545, § 1(b), added subsec. (c).
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Department, related to compliance with land use permits for
other associated land uses issued under sections 1761,
and 1763 to 1771 of this title, and such functions of Secretary or other official in Department of the Interior
related to compliance with land use permits for temporary use of public lands and other associated land
uses, issued under sections 1732, 1761, and 1763 to 1771 of
this title, with respect to pre-construction, construction, and initial operation of transportation systems
for Canadian and Alaskan natural gas transferred to
Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural
Gas Transportation System, see Reorg. Plan No. 1 of
1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to
Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.

§ 1762. Roads
(a) Authority to acquire, construct, and maintain; financing arrangements
The Secretary, with respect to the public
lands, is authorized to provide for the acquisition, construction, and maintenance of roads
within and near the public lands in locations
and according to specifications which will permit maximum economy in harvesting timber
from such lands tributary to such roads and at
the same time meet the requirements for protection, development, and management of such
lands for utilization of the other resources
thereof. Financing of such roads may be accomplished (1) by the Secretary utilizing appropriated funds, (2) by requirements on purchasers
of timber and other products from the public
lands, including provisions for amortization of
road costs in contracts, (3) by cooperative financing with other public agencies and with private agencies or persons, or (4) by a combination
of these methods: Provided, That, where roads of
a higher standard than that needed in the harvesting and removal of the timber and other
products covered by the particular sale are to be
constructed, the purchaser of timber and other
products from public lands shall not, except
when the provisions of the second proviso of this
subsection apply, be required to bear that part
of the costs necessary to meet such higher
standard, and the Secretary is authorized to

§ 1763

make such arrangements to this end as may be
appropriate: Provided further, That when timber
is offered with the condition that the purchaser
thereof will build a road or roads in accordance
with standards specified in the offer, the purchaser of the timber will be responsible for paying the full costs of construction of such roads.
(b) Recordation of copies of affected instruments
Copies of all instruments affecting permanent
interests in land executed pursuant to this section shall be recorded in each county where the
lands are located.
(c) Maintenance or reconstruction of facilities by
users
The Secretary may require the user or users of
a road, trail, land, or other facility administered
by him through the Bureau, including purchasers of Government timber and other products, to maintain such facilities in a satisfactory condition commensurate with the particular use requirements of each. Such maintenance
to be borne by each user shall be proportionate
to total use. The Secretary may also require the
user or users of such a facility to reconstruct
the same when such reconstruction is determined to be necessary to accommodate such use.
If such maintenance or reconstruction cannot be
so provided or if the Secretary determines that
maintenance or reconstruction by a user would
not be practical, then the Secretary may require
that sufficient funds be deposited by the user to
provide his portion of such total maintenance or
reconstruction. Deposits made to cover the
maintenance or reconstruction of roads are
hereby made available until expended to cover
the cost to the United States of accomplishing
the purposes for which deposited: Provided, That
deposits received for work on adjacent and overlapping areas may be combined when it is the
most practicable and efficient manner of performing the work, and cost thereof may be determined by estimates: And provided further,
That unexpended balances upon accomplishment
of the purpose for which deposited shall be
transferred to miscellaneous receipts or refunded.
(d) Fund for user fees for delayed payment to
grantor
Whenever the agreement under which the
United States has obtained for the use of, or in
connection with, the public lands a right-of-way
or easement for a road or an existing road or the
right to use an existing road provides for delayed payments to the Government’s grantor,
any fees or other collections received by the
Secretary for the use of the road may be placed
in a fund to be available for making payments
to the grantor.
(Pub. L. 94–579, title V, § 502, Oct. 21, 1976, 90
Stat. 2777.)
§ 1763. Right-of-way corridors; criteria and procedures applicable for designation
In order to minimize adverse environmental
impacts and the proliferation of separate rightsof-way, the utilization of rights-of-way in common shall be required to the extent practical,
and each right-of-way or permit shall reserve to

§ 1764

TITLE 43—PUBLIC LANDS

the Secretary concerned the right to grant additional rights-of-way or permits for compatible
uses on or adjacent to rights-of-way granted
pursuant to this Act. In designating right-ofway corridors and in determining whether to require that rights-of-way be confined to them,
the Secretary concerned shall take into consideration national and State land use policies, environmental quality, economic efficiency, national security, safety, and good engineering
and technological practices. The Secretary concerned shall issue regulations containing the
criteria and procedures he will use in designating such corridors. Any existing transportation
and utility corridors may be designated as
transportation and utility corridors pursuant to
this subsection without further review.
(Pub. L. 94–579, title V, § 503, Oct. 21, 1976, 90
Stat. 2778.)
REFERENCES IN TEXT
This Act, referred to in text, is Pub. L. 94–579, Oct. 21,
1976, 90 Stat. 2743, as amended, known as the Federal
Land Policy and Management Act of 1976. For complete
classification of this Act to the Code, see Tables.
TRANSFER OF FUNCTIONS
Enforcement functions of Secretary or other official
in Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Department, related to compliance with land use permits for
other associated land uses issued under sections 1761,
and 1763 to 1771 of this title, and such functions of Secretary or other official in Department of the Interior
related to compliance with land use permits for temporary use of public lands and other associated land
uses, issued under sections 1732, 1761, and 1763 to 1771 of
this title, with respect to pre-construction, construction, and initial operation of transportation systems
for Canadian and Alaskan natural gas transferred to
Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural
Gas Transportation System, see Reorg. Plan No. 1 of
1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373,
1376, effective July 1, 1979, set out in the Appendix to
Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas
Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of
Energy by section 3012(b) of Pub. L. 102–486, set out as
an Abolition of Office of Federal Inspector note under
section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section
720d(f) of Title 15.

§ 1764. General requirements
(a) Boundary specifications; criteria; temporary
use of additional lands
The Secretary concerned shall specify the
boundaries of each right-of-way as precisely as
is practical. Each right-of-way shall be limited
to the ground which the Secretary concerned determines (1) will be occupied by facilities which
constitute the project for which the right-ofway is granted, issued, or renewed, (2) to be necessary for the operation or maintenance of the
project, (3) to be necessary to protect the public
safety, and (4) will do no unnecessary damage to
the environment. The Secretary concerned may
authorize the temporary use of such additional
lands as he determines to be reasonably nec-

Page 528

essary for the construction, operation, maintenance, or termination of the project or a portion
thereof, or for access thereto.
(b) Terms and conditions of right-of-way or permit
Each right-of-way or permit granted, issued,
or renewed pursuant to this section shall be limited to a reasonable term in light of all circumstances concerning the project. In determining
the duration of a right-of-way the Secretary
concerned shall, among other things, take into
consideration the cost of the facility, its useful
life, and any public purpose it serves. The rightof-way shall specify whether it is or is not renewable and the terms and conditions applicable
to the renewal.
(c) Applicability of regulations or stipulations
Rights-of-way shall be granted, issued, or renewed pursuant to this subchapter under such
regulations or stipulations, consistent with the
provisions of this subchapter or any other applicable law, and shall also be subject to such
terms and conditions as the Secretary concerned
may prescribe regarding extent, duration, survey, location, construction, maintenance, transfer or assignment, and termination.
(d) Submission of plan of construction, operation, and rehabilitation by new project applicants; plan requirements
The Secretary concerned prior to granting or
issuing a right-of-way pursuant to this subchapter for a new project which may have a significant impact on the environment, shall require the applicant to submit a plan of construction, operation, and rehabilitation for such
right-of-way which shall comply with stipulations or with regulations issued by that Secretary, including the terms and conditions required under section 1765 of this title.
(e) Regulatory requirements for terms and conditions; revision and applicability of regulations
The Secretary concerned shall issue regulations with respect to the terms and conditions
that will be included in rights-of-way pursuant
to section 1765 of this title. Such regulations
shall be regularly revised as needed. Such regulations shall be applicable to every right-of-way
granted or issued pursuant to this subchapter
and to any subsequent renewal thereof, and may
be applicable to rights-of-way not granted or issued, but renewed pursuant to this subchapter.
(f) Removal or use of mineral and vegetative materials
Mineral and vegetative materials, including
timber, within or without a right-of-way, may
be used or disposed of in connection with construction or other purposes only if authorization
to remove or use such materials has been obtained pursuant to applicable laws or for emergency repair work necessary for those rights-ofway authorized under section 1761(c) of this
title.
(g) Rental payments; amount, waiver, etc.
The holder of a right-of-way shall pay in advance the fair market value thereof, as determined by the Secretary granting, issuing, or re-

Page 529

§ 1764

TITLE 43—PUBLIC LANDS

newing such right-of-way. The Secretary concerned may require either annual payment or a
payment covering more than one year at a time
except that private individuals may make at
their option either annual payments or payments covering more than one year if the annual fee is greater than one hundred dollars. The
Secretary concerned may waive rentals where a
right-of-way is granted, issued or renewed in
consideration of a right-of-way conveyed to the
United States in connection with a cooperative
cost share program between the United States
and the holder. The Secretary concerned may,
by regulation or prior to promulgation of such
regulations, as a condition of a right-of-way, require an applicant for or holder of a right-of-way
to reimburse the United States for all reasonable administrative and other costs incurred in
processing an application for such right-of-way
and in inspection and monitoring of construction, operation, and termination of the facility
pursuant to such right-of-way: Provided, however, That the Secretary concerned need not secure reimbursement in any situation where
there is in existence a cooperative cost share
right-of-way program between the United States
and the holder of a right-of-way. Rights-of-way
may be granted, issued, or renewed to a Federal,
State, or local government or any agency or instrumentality thereof, to nonprofit associations
or nonprofit corporations which are not themselves controlled or owned by profitmaking corporations or business enterprises, or to a holder
where he provides without or at reduced charges
a valuable benefit to the public or to the programs of the Secretary concerned, or to a holder
in connection with the authorized use or occupancy of Federal land for which the United
States is already receiving compensation for
such lesser charge, including free use as the Secretary concerned finds equitable and in the public interest. Such rights-of-way issued at less
than fair market value are not assignable except
with the approval of the Secretary issuing the
right-of-way. The moneys received for reimbursement of reasonable costs shall be deposited
with the Treasury in a special account and are
hereby authorized to be appropriated and made
available until expended. Rights-of-way shall be
granted, issued, or renewed, without rental fees,
for electric or telephone facilities eligible for financing pursuant to the Rural Electrification
Act of 1936, as amended [7 U.S.C. 901 et seq.], determined without regard to any application requirement under that Act, or any extensions
from such facilities: Provided, That nothing in
this sentence shall be construed to affect the authority of the Secretary granting, issuing, or renewing the right-of-way to require reimbursement of reasonable administrative and other
costs pursuant to the second sentence of this
subsection.
(h) Liability for damage or injury incurred by
United States for use and occupancy of
rights-of-way; indemnification of United
States; no-fault liability; amount of damages
(1) The Secretary concerned shall promulgate
regulations specifying the extent to which holders of rights-of-way under this subchapter shall
be liable to the United States for damage or in-

jury incurred by the United States caused by the
use and occupancy of the rights-of-way. The regulations shall also specify the extent to which
such holders shall indemnify or hold harmless
the United States for liabilities, damages, or
claims caused by their use and occupancy of the
rights-of-way.
(2) Any regulation or stipulation imposing liability without fault shall include a maximum
limitation on damages commensurate with the
foreseeable risks or hazards presented. Any liability for damage or injury in excess of this
amount shall be determined by ordinary rules of
negligence.
(i) Bond or security requirements
Where he deems it appropriate, the Secretary
concerned may require a holder of a right-ofway to furnish a bond, or other security, satisfactory to him to secure all or any of the obligations imposed by the terms and conditions of
the right-of-way or by any rule or regulation of
the Secretary concerned.
(j) Criteria for grant, issue, or renewal of rightof-way
The Secretary concerned shall grant, issue, or
renew a right-of-way under this subchapter only
when he is satisfied that the applicant has the
technical and financial capability to construct
the project for which the right-of-way is requested, and in accord with the requirements of
this subchapter.
(Pub. L. 94–579, title V, § 504, Oct. 21, 1976, 90
Stat. 2778; Pub. L. 98–300, May 25, 1984, 98 Stat.
215; Pub. L. 99–545, § 2, Oct. 27, 1986, 100 Stat. 3048;
Pub. L. 104–333, div. I, title X, § 1032(a), Nov. 12,
1996, 110 Stat. 4239.)
REFERENCES IN TEXT
The Rural Electrification Act of 1936, referred to in
subsec. (g), is act May 20, 1936, ch. 432, 49 Stat. 1363, as
amended, which is classified generally to chapter 31
(§ 901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 901 of
Title 7 and Tables.
AMENDMENTS
1996—Subsec. (g). Pub. L. 104–333 substituted ‘‘eligible
for financing pursuant to the Rural Electrification Act
of 1936, as amended, determined without regard to any
application requirement under that Act,’’ for ‘‘financed
pursuant to the Rural Electrification Act of 1936, as
amended,’’.
1986—Subsec. (f). Pub. L. 99–545, § 2(1), inserted before
the period at end ‘‘or for emergency repair work necessary for those rights-of-way authorized under section
1761(c) of this title’’.
Subsec. (g). Pub. L. 99–545, § 2(2), substituted ‘‘The
holder of a right-of-way shall pay in advance the fair
market value thereof, as determined by the Secretary
granting, issuing, or renewing such right-of-way. The
Secretary concerned may require either annual payment or a payment covering more than one year at a
time except that private individuals may make at their
option either annual payments or payments covering
more than one year if the annual fee is greater than
one hundred dollars. The Secretary concerned may
waive rentals where a right-of-way is granted, issued or
renewed in consideration of a right-of-way conveyed to
the United States in connection with a cooperative cost
share program between the United States and the holder.’’ for ‘‘The holder of a right-of-way shall pay annually in advance the fair market value thereof as determined by the Secretary granting, issuing, or renewing

§ 1765

TITLE 43—PUBLIC LANDS

such right-of-way: Provided, That when the annual
rental is less than $100, the Secretary concerned may
require advance payment for more than one year at a
time: Provided further, That the Secretary concerned
may waive rentals where a right-of-way is granted, issued, or renewed in reciprocation for a right-of-way
conveyed to the United States in connection with a cooperative cost share program between the United
States and the holder.’’
1984—Subsec. (g). Pub. L. 98–300 inserted at end
‘‘Rights-of-way shall be granted, issued, or renewed,
without rental fees, for electric or telephone facilities
financed pursuant to the Rural Electrification Act of
1936, as amended, or any extensions from such facilities: Provided, That nothing in this sentence shall be
construed to affect the authority of the Secretary
granting, issuing, or renewing the right-of-way to require reimbursement of reasonable administrative and
other costs pursuant to the second sentence of this subsection.’’
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–333, div. I, title X, § 1032(b), Nov. 12, 1996,
110 Stat. 4239, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall apply with
respect to rights-of-way leases held on or after the date
of enactment of this Act [Nov. 12, 1996].’’
TRANSFER OF FUNCTIONS
See note set out under section 1763 of this title.

§ 1765. Terms and conditions
Each right-of-way shall contain—
(a) terms and conditions which will (i) carry
out the purposes of this Act and rules and regulations issued thereunder; (ii) minimize damage to scenic and esthetic values and fish and
wildlife habitat and otherwise protect the environment; (iii) require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or
State law; and (iv) require compliance with
State standards for public health and safety,
environmental protection, and siting, construction, operation, and maintenance of or
for rights-of-way for similar purposes if those
standards are more stringent than applicable
Federal standards; and
(b) such terms and conditions as the Secretary concerned deems necessary to (i) protect Federal property and economic interests;
(ii) manage efficiently the lands which are
subject to the right-of-way or adjacent thereto
and protect the other lawful users of the lands
adjacent to or traversed by such right-of-way;
(iii) protect lives and property; (iv) protect the
interests of individuals living in the general
area traversed by the right-of-way who rely on
the fish, wildlife, and other biotic resources of
the area for subsistence purposes; (v) require
location of the right-of-way along a route that
will cause least damage to the environment,
taking into consideration feasibility and other
relevant factors; and (vi) otherwise protect the
public interest in the lands traversed by the
right-of-way or adjacent thereto.
(Pub. L. 94–579, title V, § 505, Oct. 21, 1976, 90
Stat. 2780.)
REFERENCES IN TEXT
This Act, referred to in par. (a), is Pub. L. 94–579, Oct.
21, 1976, 90 Stat. 2743, as amended, known as the Federal
Land Policy and Management Act of 1976. For complete
classification of this Act to the Code, see Tables.

Page 530
TRANSFER OF FUNCTIONS

See note set out under section 1763 of this title.

§ 1766. Suspension or termination; grounds; procedures applicable
Abandonment of a right-of-way or noncompliance with any provision of this subchapter condition of the right-of-way, or applicable rule or
regulation of the Secretary concerned may be
grounds for suspension or termination of the
right-of-way if, after due notice to the holder of
the right-of-way and, and 1 with respect to easements, an appropriate administrative proceeding pursuant to section 554 of title 5, the Secretary concerned determines that any such
ground exists and that suspension or termination is justified. No administrative proceeding
shall be required where the right-of-way by its
terms provides that it terminates on the occurrence of a fixed or agreed-upon condition, event,
or time. If the Secretary concerned determines
that an immediate temporary suspension of activities within a right-of-way for violation of its
terms and conditions is necessary to protect
public health or safety or the environment, he
may abate such activities prior to an administrative proceeding. Prior to commencing any
proceeding to suspend or terminate a right-ofway the Secretary concerned shall give written
notice to the holder of the grounds for such action and shall give the holder a reasonable time
to resume use of the right-of-way or to comply
with this subchapter condition, rule, or regulation as the case may be. Failure of the holder of
the right-of-way to use the right-of-way for the
purpose for which it was granted, issued, or renewed, for any continuous five-year period, shall
constitute a rebuttable presumption of abandonment of the right-of-way except that where the
failure of the holder to use the right-of-way for
the purpose for which it was granted, issued, or
renewed for any continuous five-year period is
due to circumstances not within the holder’s
control, the Secretary concerned is not required
to commence proceedings to suspend or terminate the right-of-way.
(Pub. L. 94–579, title V, § 506, Oct. 21, 1976, 90
Stat. 2780.)
TRANSFER OF FUNCTIONS
See note set out under section 1763 of this title.

§ 1767. Rights-of-way for Federal departments
and agencies
(a) The Secretary concerned may provide
under applicable provisions of this subchapter
for the use of any department or agency of the
United States a right-of-way over, upon, under
or through the land administered by him, subject to such terms and conditions as he may impose.
(b) Where a right-of-way has been reserved for
the use of any department or agency of the
United States, the Secretary shall take no action to terminate, or otherwise limit, that use
without the consent of the head of such department or agency.
(Pub. L. 94–579, title V, § 507, Oct. 21, 1976, 90
Stat. 2781.)
1 So

in original.

Page 531

§ 1770

TITLE 43—PUBLIC LANDS
TRANSFER OF FUNCTIONS

See note set out under section 1763 of this title.

§ 1768. Conveyance of lands covered by right-ofway; terms and conditions
If under applicable law the Secretary concerned decides to transfer out of Federal ownership any lands covered in whole or in part by a
right-of-way, including a right-of-way granted
under the Act of November 16, 1973 (87 Stat. 576;
30 U.S.C. 185), the lands may be conveyed subject
to the right-of-way; however, if the Secretary
concerned determines that retention of Federal
control over the right-of-way is necessary to assure that the purposes of this subchapter will be
carried out, the terms and conditions of the
right-of-way complied with, or the lands protected, he shall (a) reserve to the United States
that portion of the lands which lies within the
boundaries of the right-of-way, or (b) convey the
lands, including that portion within the boundaries of the right-of-way, subject to the right-ofway and reserving to the United States the right
to enforce all or any of the terms and conditions
of the right-of-way, including the right to renew
it or extend it upon its termination and to collect rents.
(Pub. L. 94–579, title V, § 508, Oct. 21, 1976, 90
Stat. 2781.)
REFERENCES IN TEXT
Act of November 16, 1973, referred to in text, is Pub.
L. 93–153, Nov. 16, 1973, 87 Stat. 576. For complete classification of this Act to the Code, see Tables.
TRANSFER OF FUNCTIONS
See note set out under section 1763 of this title.

§ 1769. Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way for railroad
and appurtenant communication facilities;
applicability of existing terms and conditions
(a) Nothing in this subchapter shall have the
effect of terminating any right-of-way or rightof-use heretofore issued, granted, or permitted.
However, with the consent of the holder thereof,
the Secretary concerned may cancel such a
right-of-way or right-of-use and in its stead
issue a right-of-way pursuant to the provisions
of this subchapter.
(b) When the Secretary concerned issues a
right-of-way under this subchapter for a railroad
and appurtenant communication facilities in
connection with a realinement of a railroad on
lands under his jurisdiction by virtue of a rightof-way granted by the United States, he may,
when he considers it to be in the public interest
and the lands involved are not within an incorporated community and are of approximately
equal value, notwithstanding the provisions of
this subchapter, provide in the new right-of-way
the same terms and conditions as applied to the
portion of the existing right-of-way relinquished
to the United States with respect to the payment of annual rental, duration of the right-ofway, and the nature of the interest in lands
granted. The Secretary concerned or his delegate shall take final action upon all applications
for the grant, issue, or renewal of rights-of-way
under subsection (b) of this section no later than

six months after receipt from the applicant of
all information required from the applicant by
this subchapter.
(Pub. L. 94–579, title V, § 509, Oct. 21, 1976, 90
Stat. 2781.)
TRANSFER OF FUNCTIONS
See note set out under section 1763 of this title.

§ 1770. Applicability of provisions to other Federal laws
(a) Right-of-way
Effective on and after October 21, 1976, no
right-of-way for the purposes listed in this subchapter shall be granted, issued, or renewed
over, upon, under, or through such lands except
under and subject to the provisions, limitations,
and conditions of this subchapter: Provided,
That nothing in this subchapter shall be construed as affecting or modifying the provisions
of sections 532 to 538 of title 16 and in the event
of conflict with, or inconsistency between, this
subchapter and sections 532 to 538 of title 16, the
latter shall prevail: Provided further, That nothing in this Act should be construed as making it
mandatory that, with respect to forest roads,
the Secretary of Agriculture limit rights-of-way
grants or their term of years or require disclosure pursuant to section 1761(b) of this title or
impose any other condition contemplated by
this Act that is contrary to present practices of
that Secretary under sections 532 to 538 of title
16. Any pending application for a right-of-way
under any other law on the effective date of this
section shall be considered as an application
under this subchapter. The Secretary concerned
may require the applicant to submit any additional information he deems necessary to comply with the requirements of this subchapter.
(b) Highway use
Nothing in this subchapter shall be construed
to preclude the use of lands covered by this subchapter for highway purposes pursuant to sections 107 and 317 of title 23.
(c) Application of antitrust laws
(1) Nothing in this subchapter shall be construed as exempting any holder of a right-of-way
issued under this subchapter from any provision
of the antitrust laws of the United States.
(2) For the purposes of this subsection, the
term ‘‘antitrust laws’’ includes the Act of July
2, 1890 (26 Stat.1 15 U.S.C. 1 et seq.); the Act of
October 15, 1914 (38 Stat. 730, 15 U.S.C. 12 et seq.);
the Federal Trade Commission Act (38 Stat. 717;
15 U.S.C. 41 et seq.); and sections 73 and 74 of the
Act of August 27, 1894 [15 U.S.C. 8, 9].
(Pub. L. 94–579, title V, § 510, Oct. 21, 1976, 90
Stat. 2782.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, as amended, known as the
Federal Land Policy and Management Act of 1976. For
complete classification of this Act to the Code, see
Tables.
The effective date of this section, referred to in subsec. (a), probably means the date of enactment of this
1 So

in original. Probably should be followed by ‘‘209’’.

§ 1771

TITLE 43—PUBLIC LANDS

section by Pub. L. 94–579, which was approved Oct. 21,
1976.
Act of July 2, 1890, referred to in subsec. (c)(2), is act
July 2, 1890, ch. 647, 26 Stat. 209, as amended, known as
the Sherman Act, which is classified to sections 1 to 7
of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note
set out under section 1 of Title 15 and Tables.
Act of October 15, 1914, referred to in subsec. (c)(2), is
act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended,
known as the Clayton Act, which is classified generally
to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15,
and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the
Code, see References in Text note set out under section
12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in
subsec. (c)(2), is act Sept. 26, 1914, ch. 311, 38 Stat. 717,
as amended, which is classified generally to subchapter
I (§ 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title
15 and Tables.
Sections 73 and 74 of the Act of August 27, 1894, referred to in subsec. (c), are sections 73 and 74 of act
Aug. 27, 1894, ch. 349, 28 Stat. 570, which are classified
to sections 8 and 9 of Title 15.
TRANSFER OF FUNCTIONS
See note set out under section 1763 of this title.

§ 1771. Coordination of applications
Applicants before Federal departments and
agencies other than the Department of the Interior or Agriculture seeking a license, certificate,
or other authority for a project which involve a
right-of-way over, upon, under, or through public land or National Forest System lands must
simultaneously apply to the Secretary concerned for the appropriate authority to use public lands or National Forest System lands and
submit to the Secretary concerned all information furnished to the other Federal department
or agency.
(Pub. L. 94–579, title V, § 511, Oct. 21, 1976, 90
Stat. 2782.)
TRANSFER OF FUNCTIONS
See note set out under section 1763 of this title.

SUBCHAPTER VI—DESIGNATED
MANAGEMENT AREAS
§ 1781. California Desert Conservation Area
(a) Congressional findings
The Congress finds that—
(1) the California desert contains historical,
scenic, archeological, environmental, biological, cultural, scientific, educational, recreational, and economic resources that are
uniquely located adjacent to an area of large
population;
(2) the California desert environment is a
total ecosystem that is extremely fragile, easily scarred, and slowly healed;
(3) the California desert environment and its
resources, including certain rare and endangered species of wildlife, plants, and fishes,
and numerous archeological and historic sites,
are seriously threatened by air pollution, inadequate Federal management authority, and
pressures of increased use, particularly recreational use, which are certain to intensify
because of the rapidly growing population of
southern California;

Page 532

(4) the use of all California desert resources
can and should be provided for in a multiple
use and sustained yield management plant 1 to
conserve these resources for future generations, and to provide present and future use
and enjoyment, particularly outdoor recreation uses, including the use, where appropriate, of off-road recreational vehicles;
(5) the Secretary has initiated a comprehensive planning process and established an interim management program for the public
lands in the California desert; and
(6) to insure further study of the relationship of man and the California desert environment, preserve the unique and irreplaceable
resources, including archeological values, and
conserve the use of the economic resources of
the California desert, the public must be provided more opportunity to participate in such
planning and management, and additional
management authority must be provided to
the Secretary to facilitate effective implementation of such planning and management.
(b) Statement of purpose
It is the purpose of this section to provide for
the immediate and future protection and administration of the public lands in the California
desert within the framework of a program of
multiple use and sustained yield, and the maintenance of environmental quality.
(c) Description of Area
(1) For the purpose of this section, the term
‘‘California desert’’ means the area generally depicted on a map entitled ‘‘California Desert Conservation Area—Proposed’’ dated April 1974, and
described as provided in subsection (c)(2) of this
section.
(2) As soon as practicable after October 21,
1976, the Secretary shall file a revised map and
a legal description of the California Desert Conservation Area with the Committees on Interior
and Insular Affairs of the United States Senate
and the House of Representatives, and such map
and description shall have the same force and effect as if included in this Act. Correction of clerical and typographical errors in such legal description and a map may be made by the Secretary. To the extent practicable, the Secretary
shall make such legal description and map available to the public promptly upon request.
(d) Preparation and implementation of comprehensive long-range plan for management,
use, etc.
The Secretary, in accordance with section 1712
of this title, shall prepare and implement a comprehensive, long-range plan for the management, use, development, and protection of the
public lands within the California Desert Conservation Area. Such plan shall take into account the principles of multiple use and sustained yield in providing for resource use and
development, including, but not limited to,
maintenance of environmental quality, rightsof-way, and mineral development. Such plan
shall be completed and implementation thereof
initiated on or before September 30, 1980.
1 So

in original. Probably should be ‘‘plan’’.

Page 533

§ 1781

TITLE 43—PUBLIC LANDS

(e) Interim program for management, use, etc.
During the period beginning on October 21,
1976, and ending on the effective date of implementation of the comprehensive, long-range
plan, the Secretary shall execute an interim
program to manage, use, and protect the public
lands, and their resources now in danger of destruction, in the California Desert Conservation
Area, to provide for the public use of such lands
in an orderly and reasonable manner such as
through the development of campgrounds and
visitor centers, and to provide for a uniformed
desert ranger force.
(f) Applicability of mining laws
Subject to valid existing rights, nothing in
this Act shall affect the applicability of the
United States mining laws on the public lands
within the California Desert Conservation Area,
except that all mining claims located on public
lands within the California Desert Conservation
Area shall be subject to such reasonable regulations as the Secretary may prescribe to effectuate the purposes of this section. Any patent
issued on any such mining claim shall recite
this limitation and continue to be subject to
such regulations. Such regulations shall provide
for such measures as may be reasonable to protect the scenic, scientific, and environmental
values of the public lands of the California
Desert Conservation Area against undue impairment, and to assure against pollution of the
streams and waters within the California Desert
Conservation Area.
(g) Advisory Committee; establishment; functions
(1) The Secretary, within sixty days after October 21, 1976, shall establish a California Desert
Conservation Area Advisory Committee (hereinafter referred to as ‘‘advisory committee’’) in
accordance with the provisions of section 1739 of
this title.
(2) It shall be the function of the advisory
committee to advise the Secretary with respect
to the preparation and implementation of the
comprehensive, long-range plan required under
subsection (d) of this section.
(h) Management of lands under jurisdiction of
Secretary of Agriculture and Secretary of Defense
The Secretary of Agriculture and the Secretary of Defense shall manage lands within
their respective jurisdictions located in or adjacent to the California Desert Conservation Area,
in accordance with the laws relating to such
lands and wherever practicable, in a manner
consonant with the purpose of this section. The
Secretary, the Secretary of Agriculture, and the
Secretary of Defense are authorized and directed
to consult among themselves and take cooperative actions to carry out the provisions of this
subsection, including a program of law enforcement in accordance with applicable authorities
to protect the archeological and other values of
the California Desert Conservation Area and adjacent lands.
(i) Omitted
(j) Authorization of appropriations
There are authorized to be appropriated for
fiscal years 1977 through 1981 not to exceed

$40,000,000 for the purpose of this section, such
amount to remain available until expended.
(Pub. L. 94–579, title VI, § 601, Oct. 21, 1976, 90
Stat. 2782.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (c)(2) and (f), is Pub.
L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, known
as the Federal Land Policy and Management Act of
1976. For complete classification of this Act to the
Code, see Tables.
CODIFICATION
Subsec. (i) of this section, which required the Secretary to report annually to Congress on the progress
in, and any problems concerning, the implementation
of this section, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set
out as a note under section 1113 of Title 31, Money and
Finance. See, also, the last item on page 107 of House
Document No. 103–7.
CHANGE OF NAME
Committee on Interior and Insular Affairs of the Senate, referred to in subsec. (c)(2), abolished and replaced
by Committee on Energy and Natural Resources of the
Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as the ‘‘Committee System
Reorganization Amendments of 1977’’), approved Feb. 4,
1977.
Committee on Interior and Insular Affairs of the
House of Representatives changed to Committee on
Natural Resources of the House of Representatives on
Jan. 5, 1993, by House Resolution No. 5, One Hundred
Third Congress.
DESERT LILY SANCTUARY
Pub. L. 103–433, title I, § 107, Oct. 31, 1994, 108 Stat.
4483, provided that:
‘‘(a) DESIGNATION.—There is hereby established the
Desert Lily Sanctuary within the California Desert
Conservation Area, California, of the Bureau of Land
Management, comprising approximately two thousand
forty acres, as generally depicted on a map entitled
‘Desert Lily Sanctuary’, dated February 1986. The Secretary [of the Interior] shall administer the area to
provide maximum protection to the desert lily.
‘‘(b) WITHDRAWAL.—Subject to valid existing rights,
all Federal lands within the Desert Lily Sanctuary are
hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and all amendments thereto.’’
DINOSAUR TRACKWAY AREA OF CRITICAL
ENVIRONMENTAL CONCERN
Pub. L. 103–433, title I, § 108, Oct. 31, 1994, 108 Stat.
4483, provided that:
‘‘(a) DESIGNATION.—There is hereby established the
Dinosaur Trackway Area of Critical Environmental
Concern within the California Desert Conservation
Area, of the Bureau of Land Management, comprising
approximately five hundred and ninety acres as generally depicted on a map entitled ‘Dinosaur Trackway
Area of Critical Environmental Concern’, dated July
1993. The Secretary [of the Interior] shall administer
the area to preserve the paleontological resources within the area.
‘‘(b) WITHDRAWAL.—Subject to valid existing rights,
the Federal lands within and adjacent to the Dinosaur
Trackway Area of Critical Environmental Concern, as
generally depicted on a map entitled ‘Dinosaur Trackway Mineral Withdrawal Area’, dated July 1993, are
hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from loca-

§ 1781a

TITLE 43—PUBLIC LANDS

tion, entry, and patent under the United States mining
laws; and from disposition under all laws pertaining to
mineral and geothermal leasing, and mineral materials, and all amendments thereto.’’

§ 1781a. Acceptance of donation of certain existing permits or leases
(1) During fiscal year 2012 and thereafter, the
Secretary of the Interior shall accept the donation of any valid existing permits or leases authorizing grazing on public lands within the
California Desert Conservation Area. With respect to each permit or lease donated under this
paragraph, the Secretary shall terminate the
grazing permit or lease, ensure a permanent end
(except as provided in paragraph (2)), to grazing
on the land covered by the permit or lease, and
make the land available for mitigation by allocating the forage to wildlife use consistent with
any applicable Habitat Conservation Plan, section 10(a)(1)(B) permit, or section 7 consultation
under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(2) If the land covered by a permit or lease donated under paragraph (1) is also covered by another valid existing permit or lease that is not
donated under such paragraph, the Secretary of
the Interior shall reduce the authorized grazing
level on the land covered by the permit or lease
to reflect the donation of the permit or lease
under paragraph (1). To ensure that there is a
permanent reduction in the level of grazing on
the land covered by a permit or lease donated
under paragraph (1), the Secretary shall not
allow grazing use to exceed the authorized level
under the remaining valid existing permit or
lease that is not donated.
(Pub. L. 112–74, div. E, title I, § 122(b), Dec. 23,
2011, 125 Stat. 1013.)
REFERENCES IN TEXT
The Endangered Species Act of 1973, referred to in
par. (1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884,
which is classified principally to chapter 35 (§ 1531 et
seq.) of Title 16, Conservation. Sections 10(a)(1)(B) and
7 of the Act are classified to sections 1539(a)(1)(B) and
1536, respectively, of Title 16. For complete classification of this Act to the Code, see Short Title note set
out under section 1531 of Title 16 and Tables.
CODIFICATION
Section was enacted as part of the Department of the
Interior, Environment, and Related Agencies Appropriations Act, 2012, and also as part of the Consolidated
Appropriations Act, 2012, and not as part of the Federal
Land Policy and Management Act of 1976 which comprises this chapter.

§ 1782. Bureau of Land Management Wilderness
Study
(a) Lands subject to review and designation as
wilderness
Within fifteen years after October 21, 1976, the
Secretary shall review those roadless areas of
five thousand acres or more and roadless islands
of the public lands, identified during the inventory required by section 1711(a) of this title as
having wilderness characteristics described in
the Wilderness Act of September 3, 1964 (78 Stat.
890; 16 U.S.C. 1131 et seq.) and shall from time to
time report to the President his recommendation as to the suitability or nonsuitability of

Page 534

each such area or island for preservation as wilderness: Provided, That prior to any recommendations for the designation of an area as
wilderness the Secretary shall cause mineral
surveys to be conducted by the United States
Geological Survey and the United States Bureau
of Mines to determine the mineral values, if
any, that may be present in such areas: Provided
further, That the Secretary shall report to the
President by July 1, 1980, his recommendations
on those areas which the Secretary has prior to
November 1, 1975, formally identified as natural
or primitive areas. The review required by this
subsection shall be conducted in accordance
with the procedure specified in section 3(d) of
the Wilderness Act [16 U.S.C. 1132(d)].
(b) Presidential recommendation for designation
as wilderness
The President shall advise the President of the
Senate and the Speaker of the House of Representatives of his recommendations with respect to designation as wilderness of each such
area, together with a map thereof and a definition of its boundaries. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. A recommendation of the President for designation as
wilderness shall become effective only if so provided by an Act of Congress.
(c) Status of lands during period of review and
determination
During the period of review of such areas and
until Congress has determined otherwise, the
Secretary shall continue to manage such lands
according to his authority under this Act and
other applicable law in a manner so as not to
impair the suitability of such areas for preservation as wilderness, subject, however, to the continuation of existing mining and grazing uses
and mineral leasing in the manner and degree in
which the same was being conducted on October
21, 1976: Provided, That, in managing the public
lands the Secretary shall by regulation or otherwise take any action required to prevent unnecessary or undue degradation of the lands and
their resources or to afford environmental protection. Unless previously withdrawn from appropriation under the mining laws, such lands
shall continue to be subject to such appropriation during the period of review unless withdrawn by the Secretary under the procedures of
section 1714 of this title for reasons other than
preservation of their wilderness character. Once
an area has been designated for preservation as
wilderness, the provisions of the Wilderness Act
[16 U.S.C. 1131 et seq.] which apply to national
forest wilderness areas shall apply with respect
to the administration and use of such designated
area, including mineral surveys required by section 4(d)(2) of the Wilderness Act [16 U.S.C.
1133(d)(2)], and mineral development, access, exchange of lands, and ingress and egress for mining claimants and occupants.
(Pub. L. 94–579, title VI, § 603, Oct. 21, 1976, 90
Stat. 2785; Pub. L. 102–154, title I, Nov. 13, 1991,
105 Stat. 1000; Pub. L. 102–285, § 10(b), May 18,
1992, 106 Stat. 172.)
REFERENCES IN TEXT
The Wilderness Act of September 3, 1964, referred to
in subsecs. (a) and (c), is Pub. L. 88–577, Sept. 3, 1964, 78

Page 535

TITLE 43—PUBLIC LANDS

Stat. 890, as amended, which is classified generally to
chapter 23 (§ 1131 et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see
Short Title note set out under section 1131 of Title 16
and Tables.
This Act, referred to in subsec. (c), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, as amended, known as the
Federal Land Policy and Management Act of 1976. For
complete classification of this Act to the Code, see
Tables.
CHANGE OF NAME
‘‘United States Geological Survey’’ substituted for
‘‘Geological Survey’’ in subsec. (a) pursuant to provision of title I of Pub. L. 102–154, set out as a note under
section 31 of this title.
‘‘United States Bureau of Mines’’ substituted for
‘‘Bureau of Mines’’ in subsec. (a) pursuant to section
10(b) of Pub. L. 102–285, set out as a note under section
1 of Title 30, Mineral Lands and Mining. For provisions
relating to closure and transfer of functions of the
United States Bureau of Mines, see note set out under
section 1 of Title 30.
Pub. L. 104–134, title I, § 101(c) [title I], Apr. 26, 1996,
110 Stat. 1321–156, 1321–165; renumbered title I, Pub. L.
104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in
part: ‘‘That the authority granted to the United States
Bureau of Mines to conduct mineral surveys and to determine mineral values by section 603 of Public Law
94–579 [43 U.S.C. 1782] is hereby transferred to, and vested in, the Director of the United States Geological Survey.’’

§ 1783. Yaquina Head Outstanding Natural Area
(a) Establishment
In order to protect the unique scenic, scientific, educational, and recreational values of
certain lands in and around Yaquina Head, in
Lincoln County, Oregon, there is hereby established, subject to valid existing rights, the
Yaquina Head Outstanding Natural Area (hereinafter referred to as the ‘‘area’’). The boundaries of the area are those shown on the map entitled ‘‘Yaquina Head Area’’, dated July 1979,
which shall be on file and available for public inspection in the Office of the Director, Bureau of
Land Management, United States Department of
the Interior, and the State Office of the Bureau
of Land Management in the State of Oregon.
(b) Administration by Secretary of the Interior;
management plan; quarrying permits
(1) The Secretary of the Interior (hereinafter
referred to as the ‘‘Secretary’’) shall administer
the Yaquina Head Outstanding Natural Area in
accordance with the laws and regulations applicable to the public lands as defined in section
103(e) of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1702) [43
U.S.C. 1702(e)], in such a manner as will best provide for—
(A) the conservation and development of the
scenic, natural, and historic values of the
area;
(B) the continued use of the area for purposes of education, scientific study, and public
recreation which do not substantially impair
the purposes for which the area is established;
and
(C) protection of the wildlife habitat of the
area.
(2) The Secretary shall develop a management
plan for the area which accomplishes the purposes and is consistent with the provisions of

§ 1783

this section. This plan shall be developed in accordance with the provisions of section 202 of
the Federal Land Policy and Management Act of
1976, as amended (43 U.S.C. 1712).
(3) Notwithstanding any other provision of
this section, the Secretary is authorized to issue
permits or to contract for the quarrying of materials from the area in accordance with the
management plan for the area on condition that
the lands be reclaimed and restored to the satisfaction of the Secretary. Such authorization to
quarry shall require payment of fair market
value for the materials to be quarried, as established by the Secretary, and shall also include
any terms and conditions which the Secretary
determines necessary to protect the values of
such quarry lands for purposes of this section.
(c) Revocation of 1866 reservation of lands for
lighthouse purposes; restoration to public
lands status
The reservation of lands for lighthouse purposes made by Executive order of June 8, 1866, of
certain lands totaling approximately 18.1 acres,
as depicted on the map referred to in subsection
(a) of this section, is hereby revoked. The lands
referred to in subsection (a) of this section are
hereby restored to the status of public lands as
defined in section 103(e) of the Federal Land Policy and Management Act of 1976, as amended (43
U.S.C. 1702) [43 U.S.C. 1702(e)], and shall be administered in accordance with the management
plan for the area developed pursuant to subsection (b) of this section, except that such
lands are hereby withdrawn from settlement,
sale, location, or entry, under the public land
laws, including the mining laws (30 U.S.C., ch.
2), leasing under the mineral leasing laws (30
U.S.C. 181 et seq.), and disposals under the Materials Act of July 31, 1947, as amended (30 U.S.C.
601, 602) [43 U.S.C. 601 et seq.].
(d) Acquisition of lands not already in Federal
ownership
The Secretary shall, as soon as possible but in
no event later than twenty-four months following March 5, 1980, acquire by purchase, exchange, donation, or condemnation all or any
part of the lands and waters and interests in
lands and waters within the area referred to in
subsection (a) of this section which are not in
Federal ownership except that State land shall
not be acquired by purchase or condemnation.
Any lands or interests acquired by the Secretary
pursuant to this section shall become public
lands as defined in the Federal Land Policy and
Management Act of 1976, as amended [43 U.S.C.
1701 et seq.]. Upon acquisition by the United
States, such lands are automatically withdrawn
under the provisions of subsection (c) of this section except that lands affected by quarrying operations in the area shall be subject to disposals
under the Materials Act of July 31, 1947, as
amended (30 U.S.C. 601, 602) [30 U.S.C. 601 et
seq.]. Any lands acquired pursuant to this subsection shall be administered in accordance with
the management plan for the area developed
pursuant to subsection (b) of this section.
(e) Wind energy research
The Secretary is authorized to conduct a
study relating to the use of lands in the area for

§ 1784

TITLE 43—PUBLIC LANDS

purposes of wind energy research. If the Secretary determines after such study that the conduct of wind energy research activity will not
substantially impair the values of the lands in
the area for purposes of this section, the Secretary is further authorized to issue permits for
the use of such lands as a site for installation
and field testing of an experimental wind turbine generating system. Any permit issued pursuant to this subsection shall contain such
terms and conditions as the Secretary determines necessary to protect the values of such
lands for purposes of this section.
(f) Reclamation and restoration of lands affected
by quarrying operations
The Secretary shall develop and administer, in
addition to any requirements imposed pursuant
to subsection (b)(3) of this section, a program for
the reclamation and restoration of all lands affected by quarrying operations in the area acquired pursuant to subsection (d) of this section.
All revenues received by the United States in
connection with quarrying operations authorized by subsection (b)(3) of this section shall be
deposited in a separate fund account which shall
be established by the Secretary of the Treasury.
Such revenues are hereby authorized to be appropriated to the Secretary as needed for reclamation and restoration of any lands acquired
pursuant to subsection (d) of this section. After
completion of such reclamation and restoration
to the satisfaction of the Secretary, any unexpended revenues in such fund shall be returned
to the general fund of the United States Treasury.
(g) Authorization of appropriations
There are hereby authorized to be appropriated in addition to that authorized by subsection (f) of this section, such sums as may be
necessary to carry out the provisions of this section.
(Pub. L. 96–199, title I, § 119, Mar. 5, 1980, 94 Stat.
71.)
REFERENCES IN TEXT
The Materials Act of July 31, 1947, as amended (30
U.S.C. 601, 602), referred to in subsecs. (c) and (d), is act
July 31, 1947, ch. 406, 61 Stat. 681, as amended, which is
classified generally to subchapter I (§ 601 et seq.) of
chapter 15 of Title 30. For complete classification of
this Act to the Code, see Short Title note set out under
section 601 of Title 30 and Tables.
The Federal Land Policy and Management Act of
1976, as amended, referred to in subsec. (d), is Pub. L.
94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, which is
classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 1701 of this title and Tables.
CODIFICATION
Section was not enacted as part of the Federal Land
Policy and Management Act of 1976 which comprises
this chapter.

§ 1784. Lands in Alaska; designation as wilderness; management by Bureau of Land Management pending Congressional action
Notwithstanding any other provision of law,
section 1782 of this title shall not apply to any
lands in Alaska. However, in carrying out his
duties under sections 1711 and 1712 of this title

Page 536

and other applicable laws, the Secretary may
identify areas in Alaska which he determines
are suitable as wilderness and may, from time to
time, make recommendations to the Congress
for inclusion of any such areas in the National
Wilderness Preservation System, pursuant to
the provisions of the Wilderness Act [16 U.S.C.
1131 et seq.]. In the absence of congressional action relating to any such recommendation of the
Secretary, the Bureau of Land Management
shall manage all such areas which are within its
jurisdiction in accordance with the applicable
land use plans and applicable provisions of law.
(Pub. L. 96–487, title XIII, § 1320, Dec. 2, 1980, 94
Stat. 2487.)
REFERENCES IN TEXT
The Wilderness Act, referred to in text, is Pub. L.
88–577, Sept. 3, 1964, 78 Stat. 890, as amended, which is
classified generally to chapter 23 (§ 1131 et seq.) of Title
16, Conservation. For complete classification of this
Act to the Code, see Short Title note set out under section 1131 of Title 16 and Tables.
CODIFICATION
Section was enacted as part of the Alaska National
Interest Lands Conservation Act, and not as part of the
Federal Land Policy and Management Act of 1976 which
comprises this chapter.
KENAI NATIVES ASSOCIATION LAND EXCHANGE
Pub. L. 104–333, div. I, title III, § 311, Nov. 12, 1996, 110
Stat. 4139, as amended by Pub. L. 106–176, title I, § 105,
Mar. 10, 2000, 114 Stat. 25, provided that:
‘‘(a) SHORT TITLE.—This section may be cited as the
‘Kenai Natives Association Equity Act Amendments of
1996’.
‘‘(b) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—The Congress finds the following:
‘‘(A) The United States Fish and Wildlife Service
and Kenai Natives Association, Inc., have agreed to
transfers of certain land rights, in and near the
Kenai National Wildlife Refuge, negotiated as directed by Public Law 102–458 [106 Stat. 2267].
‘‘(B) The lands to be acquired by the Service are
within the area impacted by the Exxon Valdez oil
spill of 1989, and these lands included important
habitat for various species of fish and wildlife for
which significant injury resulting from the spill has
been documented through the EVOS Trustee Council restoration process. This analysis has indicated
that these lands generally have value for the restoration of such injured natural resources as pink
salmon, dolly varden, bald eagles, river otters, and
cultural and archaeological resources. This analysis
has also indicated that these lands generally have
high value for the restoration of injured species
that rely on these natural resources, including wilderness quality, recreation, tourism, and subsistence.
‘‘(C) Restoration of the injured species will benefit from acquisition and the prevention of disturbances which may adversely affect their recovery.
‘‘(D) It is in the public interest to complete the
conveyances provided for in this section.
‘‘(2) PURPOSE.—The purpose of this section is to authorize and direct the Secretary, at the election of
KNA, to complete the conveyances provided for in
this section.
‘‘(c) DEFINITIONS.—For purposes of this section, the
term—
‘‘(1) ‘ANCSA’ means the Alaska Native Claims Settlement Act of 1971 (43 U.S.C. 1601 et seq.);
‘‘(2) ‘ANILCA’ means the Alaska National Interest
Lands Conservation Act (Public Law 96–487; 94 Stat.
2371 et seq. [see Short Title note set out under section
3101 of Title 16, Conservation]);

Page 537

TITLE 43—PUBLIC LANDS

‘‘(3) ‘conservation system unit’ has the same meaning as in section 102(4) of ANILCA (16 U.S.C. 3102(4));
‘‘(4) ‘CIRI’ means the Cook Inlet Region, Inc., a Native Regional Corporation incorporated in the State
of Alaska pursuant to the terms of ANCSA;
‘‘(5) ‘EVOS’ means the Exxon Valdez oil spill;
‘‘(6) ‘KNA’ means the Kenai Natives Association,
Inc., an urban corporation incorporated in the State
of Alaska pursuant to the terms of ANCSA;
‘‘(7) ‘lands’ means any lands, waters, or interests
therein;
‘‘(8) ‘Refuge’ means the Kenai National Wildlife
Refuge;
‘‘(9) ‘Secretary’ means the Secretary of the Interior;
‘‘(10) ‘Service’ means the United States Fish and
Wildlife Service; and
‘‘(11) ‘Terms and Conditions’ means the Terms and
Conditions for Land Consolidation and Management
in the Cook Inlet Area, as clarified on August 31, 1976,
ratified by section 12 of Public Law 94–204 (43 U.S.C.
1611 note).
‘‘(d) ACQUISITION OF LANDS.—
‘‘(1) OFFER TO KNA.—
‘‘(A) IN GENERAL.—Subject to the availability of
the funds identified in paragraph (2)(C), no later
than 90 days after the date of enactment of this section [Nov. 12, 1996], the Secretary shall offer to convey to KNA the interests in land and rights set
forth in paragraph (2)(B), subject to valid existing
rights, in return for the conveyance by KNA to the
United States of the interests in land or relinquishment of ANCSA selections set forth in paragraph
(2)(A). Payment for the lands conveyed to the
United States by KNA is contingent upon KNA’s acceptance of the entire conveyance outlined herein.
‘‘(B) LIMITATION.—The Secretary may not convey
any lands or make payment to KNA under this section unless title to the lands to be conveyed by
KNA under this section has been found by the
United States to be sufficient in accordance with
the provisions of section 355 of the Revised Statutes
(40 U.S.C. 255) [now 40 U.S.C. 3111, 3112].
‘‘(2) ACQUISITION LANDS.—
‘‘(A) LANDS TO BE CONVEYED TO THE UNITED
STATES.—The lands to be conveyed by KNA to the
United States, or the valid selection rights under
ANCSA to be relinquished, all situated within the
boundary of the Refuge, are the following:
‘‘(i) The conveyance of approximately 803 acres
located along and on islands within the Kenai
River, known as the Stephanka Tract.
‘‘(ii) The conveyance of approximately 1,243
acres located along the Moose River, known as
the Moose River Patented Lands Tract.
‘‘(iii) The relinquishment of KNA’s selection
known as the Moose River Selected Tract, containing approximately 753 acres located along the
Moose River.
‘‘(iv) The relinquishment of KNA’s remaining
ANCSA entitlement of approximately 454 acres.
‘‘(v) The relinquishment of all KNA’s remaining
overselections. Upon completion of all relinquishments outlined above, all KNA’s entitlement
shall be deemed to be extinguished and the completion of this acquisition will satisfy all of
KNA’s ANCSA entitlement.
‘‘(vi) The conveyance of an access easement providing the United States and its assigns access
across KNA’s surface estate in the SW1⁄4 of section 21, T. 6 N., R. 9 W., Seward Meridian, Alaska.
‘‘(vii) The conveyance of approximately 100
acres within the Beaver Creek Patented Tract,
which is contiguous to lands being retained by
the United States contiguous to the Beaver Creek
Patented Tract, in exchange for 280 acres of Service lands currently situated within the Beaver
Creek Selected Tract.
‘‘(B) LANDS TO BE CONVEYED TO KNA.—The rights
provided or lands to be conveyed by the United
States to KNA, are the following:

§ 1784

‘‘(i) The surface and subsurface estate to approximately 5 acres, subject to reservations of
easements for existing roads and utilities, located
within the city of Kenai, Alaska, identified as
United States Survey 1435, withdrawn by Executive Order 2943 and known as the old Fish and
Wildlife Service Headquarters site.
‘‘(ii) The remaining subsurface estate held by
the United States to approximately 13,651 acres,
including portions of the Beaver Creek Patented
Tract, the Beaver Creek Selected Tract, and portions of the Swanson River Road West Tract and
the Swanson River Road East Tract, where the
surface was previously or will be conveyed to
KNA pursuant to this Act but excluding the SW1⁄4
of section 21, T. 6 N., R. 9 W., Seward Meridian,
Alaska, which will be retained by the United
States. The conveyance of these subsurface interests will be subject to the rights of CIRI to the
coal, oil, gas, and to all rights CIRI, its successors, and assigns would have under paragraph 1(B)
of the Terms and Conditions, including the right
to sand and gravel, to construct facilities, to have
rights-of-way, and to otherwise develop it subsurface interests.
‘‘(iii)(I) The nonexclusive right to use sand and
gravel which is reasonably necessary for on-site
development without compensation or permit on
those portions of the Swanson River Road East
Tract, comprising approximately 1,738.04 acres;
where the entire subsurface of the land is presently owned by the United States. The United
States shall retain the ownership of all other
sand and gravel located within the subsurface and
KNA shall not sell or dispose of such sand and
gravel.
‘‘(II) The right to excavate within the subsurface estate as reasonably necessary for structures, utilities, transportation systems, and other
development of the surface estate.
‘‘(iv) The nonexclusive right to excavate within
the subsurface estate as reasonably necessary for
structures, utilities, transportation systems, and
other development of the surface estate on the
SW1⁄4, section 21, T. 6 N., R. 9 W., Seward Meridian, Alaska, where the entire subsurface of the
land is owned by the United States and which
public lands shall continue to be withdrawn from
mining following their removal from the Refuge
boundary under paragraph (3)(A)(ii). The United
States shall retain the ownership of all other
sand and gravel located within the subsurface of
this parcel.
‘‘(v) The surface estate of approximately 280
acres known as the Beaver Creek Selected Tract.
This tract shall be conveyed to KNA in exchange
for lands conveyed to the United States as described in paragraph (2)(A)(ii).
‘‘(C) PAYMENT.—The United States shall make a
total cash payment to KNA for the above-described
lands of $4,443,000, contingent upon the appropriate
approvals of the Federal or State of Alaska EVOS
Trustees (or both) necessary for any expenditure of
the EVOS settlement funds.
‘‘(D) NATIONAL REGISTER OF HISTORIC PLACES.—
Upon completion of the acquisition authorized in
paragraph (1), the Secretary shall, at no cost to
KNA, in coordination with KNA, promptly undertake to nominate the Stephanka Tract to the National Register of Historic Places, in recognition of
the archaeological artifacts from the original
Dena’ina Settlement. If the Department of the Interior establishes a historical, cultural, or archaeological interpretive site, KNA shall have the exclusive right to operate a Dena’ina interpretive site
on the Stephanka Tract under the regulations and
policies of the department. If KNA declines to operate such a site, the department may do so under its
existing authorities. Prior to the department
undertaking any archaeological activities whatso-

§ 1784

TITLE 43—PUBLIC LANDS

ever on the Stephanka Tract, KNA shall be consulted.
‘‘(3) GENERAL PROVISIONS.—
‘‘(A) REMOVAL OF KNA LANDS FROM THE NATIONAL
WILDLIFE REFUGE SYSTEM.—
‘‘(i) Effective on the date of closing for the Acquisition Lands identified in paragraph (2)(B), all
lands retained by or conveyed to KNA pursuant to
this section, and the subsurface interests of CIRI
underlying such lands shall be automatically removed from the National Wildlife Refuge System
and shall neither be considered as part of the Refuge nor subject to any laws pertaining solely to
lands within the boundaries of the Refuge. The
conveyance restrictions imposed by section 22(g)
of ANCSA [43 U.S.C. 1621(g)] (i) shall then be ineffective and cease to apply to such interests of
KNA and CIRI, and (ii) shall not be applicable to
the interests received by KNA in accordance with
paragraph (2)(B) or to the CIRI interests underlying them. The Secretary shall adjust the boundaries of the Refuge so as to exclude all interests
in lands retained or received in exchange by KNA
in accordance with this section, including both
surface and subsurface, and shall also exclude all
interests currently held by CIRI. On lands within
the Swanson River Road East Tract, the boundary adjustment shall only include the surface estate where the subsurface estate is retained by
the United States.
‘‘(ii)(I) The Secretary, KNA, and CIRI shall execute an agreement within 45 days of the date of
enactment of this section [Nov. 12, 1996] which
preserves CIRI’s rights under paragraph 1(B)(1) of
the Terms and Conditions, addresses CIRI’s obligations under such paragraph, and adequately addresses management issues associated with the
boundary adjustment set forth in this section and
with the differing interests in land resulting from
enactment of this section.
‘‘(II) In the event that no agreement is executed
as provided for in subclause (I), solely for the purposes of administering CIRI’s rights under paragraph 1(B)(1) of the Terms and Conditions, the
Secretary and CIRI shall be deemed to have retained their respective rights and obligations
with respect to CIRI’s subsurface interests under
the requirements of the Terms and Conditions in
effect on June 18, 1996. Notwithstanding the
boundary adjustments made pursuant to this section, conveyances to KNA shall be deemed to remain subject to the Secretary’s and CIRI’s rights
and obligations under paragraph 1(B)(1) of the
Terms and Conditions.
‘‘(iii) The Secretary is authorized to acquire by
purchase or exchange, on a willing seller basis
only, any lands retained by or conveyed to KNA.
In the event that any lands owned by KNA are
subsequently acquired by the United States, they
shall be automatically included in the Refuge
System. The laws and regulations applicable to
Refuge lands shall then apply to these lands and
the Secretary shall then adjust the boundaries accordingly.
‘‘(iv) Nothing in this section is intended to enlarge or diminish the authorities, rights, duties,
obligations, or the property rights held by CIRI
under the Terms and Conditions, or otherwise except as set forth in this section. In the event of
the purchase by the United States of any lands
from KNA in accordance with subparagraph
(A)(ii), the United States shall reassume from
KNA the rights it previously held under the
Terms and Conditions and the provisions in any
patent implementing section 22(g) of ANCSA [43
U.S.C. 1621(g)] will again apply.
‘‘(v) By virtue of implementation of this section, CIRI is deemed entitled to 1,207 acres of inlieu subsurface entitlement under section 12(a)(1)
of ANCSA [43 U.S.C. 1611(a)(1)]. Such entitlement

Page 538

shall be fulfilled in accordance with paragraph
1(B)(2)(A) of the Terms and Conditions.
‘‘(B) MAPS AND LEGAL DESCRIPTIONS.—Maps and a
legal description of the lands described above shall
be on file and available for public inspection in the
appropriate offices of the United States Department of the Interior, and the Secretary shall, no
later than 90 days after enactment of this section,
prepare a legal description of the lands described in
paragraph (2)(A)(vii). Such maps and legal description shall have the same force and effect as if included in the section, except that the Secretary
may correct clerical and typographical errors.
‘‘(C) ACCEPTANCE.—KNA may accept the offer
made in this section by notifying the Secretary in
writing of its decision within 180 days of receipt of
the offer. In the event the offer is rejected, the Secretary shall notify the Committee on Resources
[now Committee on Natural Resources] of the
House of Representatives and the Committee on
Energy and Natural Resources and the Committee
on Environment and Public Works of the Senate.
‘‘(D) FINAL MAPS.—Not later than 120 days after
the conclusion of the acquisition authorized by
paragraph (1), the Secretary shall transmit a final
report and maps accurately depicting the lands
transferred and conveyed pursuant to this section
and the acreage and legal descriptions of such lands
to the Committee on Resources [now Committee on
Natural Resources] of the House of Representatives
and the Committee on Energy and Natural Resources and the Committee on Environment and
Public Works of the Senate.
‘‘(e) ADJUSTMENTS TO NATIONAL WILDERNESS SYSTEM.—Upon acquisition of lands by the United States
pursuant to subsection (d)(2)(A), that portion of the
Stephanka Tract lying south and west of the Kenai
River, consisting of approximately 592 acres, shall be
included in and managed as part of the Kenai Wilderness and such lands shall be managed in accordance
with the applicable provisions of the Wilderness Act
and ANILCA.
‘‘(f) DESIGNATION OF LAKE TODATONTEN SPECIAL MANAGEMENT AREA.—
‘‘(1) PURPOSE.—To balance the potential effects on
fish, wildlife, and habitat of the removal of KNA
lands from the Refuge System, the Secretary is hereby directed to withdraw, subject to valid existing
rights, from location, entry, and patent under the
mining laws and to create as a special management
unit for the protection of fish, wildlife, and habitat,
certain unappropriated and unreserved public lands,
totaling approximately 37,000 acres adjacent to the
west boundary of the Kanuti National Wildlife Refuge
to be known as the ‘Lake Todatonten Special Management Area’, as depicted on the map entitled ‘Proposed: Lake Todatonten Special Management Area’,
dated June 13, 1996, and to be managed by the Bureau
of Land Management.
‘‘(2) MANAGEMENT.—
‘‘(A) Such designation is subject to all valid existing rights as well as the subsistence preferences
provided under title VIII of ANILCA [16 U.S.C. 3111
et seq.]. Any lands conveyed to the State of Alaska
shall be removed from the Lake Todatonten Special
Management Area.
‘‘(B) The Secretary may permit any additional
uses of the area, or grant easements, only to the extent that such use, including leasing under the mineral leasing laws, is determined to not detract from
nor materially interfere with the purposes for
which the Special Management Area is established.
‘‘(C)(i) The BLM shall establish the Lake
Todatonten Special Management Area Committee.
The membership of the Committee shall consist of
11 members as follows:
‘‘(I) Two residents each from the villages of
Alatna, Allakaket, Hughes, and Tanana.
‘‘(II) One representative from each of Doyon
Corporation, the Tanana Chiefs Conference, and
the State of Alaska.

Page 539

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‘‘(ii) Members of the Committee shall serve without pay.
‘‘(iii) The BLM shall hold meetings of the Lake
Todatonten Special Management Area Committee
at least once per year to discuss management issues
within the Special Management Area. The BLM
shall not allow any new type of activity in the Special Management Area without first conferring
with the Committee in a timely manner.
‘‘(3) ACCESS.—The Secretary shall allow the following:
‘‘(A) Private access for any purpose, including
economic development, to lands within the boundaries of the Special Management Area which are
owned by third parties or are held in trust by the
Secretary for third parties pursuant to the Alaska
Native Allotment Act (25 U.S.C. 336). Such rights
may be subject to restrictions issued by the BLM to
protect subsistence uses of the Special Management
Area.
‘‘(B) Existing public access across the Special
Management Area. Section 1110(a) of ANILCA [16
U.S.C. 3170(a)] shall apply to the Special Management Area.
‘‘(4) SECRETARIAL ORDER AND MAPS.—The Secretary
shall file with the Committee on Resources [now
Committee on Natural Resources] of the House of
Representatives and the Committee on Energy and
Natural Resources and the Committee on Environment and Public Works of the Senate, the Secretarial
Order and maps setting forth the boundaries of the
Area within 90 days of the completion of the acquisition authorized by this section. Once established, this
Order may only be amended or revoked by Act of
Congress.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as may be
necessary to carry out the purposes of this section.’’

§ 1785. Fossil Forest Research Natural Area
(a) Establishment
To conserve and protect natural values and to
provide scientific knowledge, education, and interpretation for the benefit of future generations, there is established the Fossil Forest Research Natural Area (referred to in this section
as the ‘‘Area’’), consisting of the approximately
2,770 acres in the Farmington District of the Bureau of Land Management, New Mexico, as generally depicted on a map entitled ‘‘Fossil Forest’’, dated June 1983.
(b) Map and legal description
(1) In general
As soon as practicable after November 12,
1996, the Secretary of the Interior shall file a
map and legal description of the Area with the
Committee on Energy and Natural Resources
of the Senate and the Committee on Resources
of the House of Representatives.
(2) Force and effect
The map and legal description described in
paragraph (1) shall have the same force and effect as if included in this Act.
(3) Technical corrections
The Secretary of the Interior may correct
clerical, typographical, and cartographical errors in the map and legal description subsequent to filing the map pursuant to paragraph
(1).
(4) Public inspection
The map and legal description shall be on
file and available for public inspection in the

§ 1785

Office of the Director of the Bureau of Land
Management, Department of the Interior.
(c) Management
(1) In general
The Secretary of the Interior, acting
through the Director of the Bureau of Land
Management, shall manage the Area—
(A) to protect the resources within the
Area; and
(B) in accordance with this Act, the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.), and other applicable provisions of law.
(2) Mining
(A) Withdrawal
Subject to valid existing rights, the lands
within the Area are withdrawn from all
forms of appropriation under the mining
laws and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral material sales.
(B) Coal preference rights
The Secretary of the Interior is authorized
to issue coal leases in New Mexico in exchange for any preference right coal lease
application within the Area. Such exchanges
shall be made in accordance with applicable
existing laws and regulations relating to
coal leases after a determination has been
made by the Secretary that the applicant is
entitled to a preference right lease and that
the exchange is in the public interest.
(C) Oil and gas leases
Operations on oil and gas leases issued
prior to November 12, 1996, shall be subject
to the applicable provisions of Group 3100 of
title 43, Code of Federal Regulations (including section 3162.5–1), and such other terms,
stipulations, and conditions as the Secretary
of the Interior considers necessary to avoid
significant disturbance of the land surface or
impairment of the natural, educational, and
scientific research values of the Area in existence on November 12, 1996.
(3) Grazing
Livestock grazing on lands within the Area
may not be permitted.
(d) Inventory
Not later than 3 full fiscal years after November 12, 1996, the Secretary of the Interior, acting
through the Director of the Bureau of Land
Management, shall develop a baseline inventory
of all categories of fossil resources within the
Area. After the inventory is developed, the Secretary shall conduct monitoring surveys at intervals specified in the management plan developed for the Area in accordance with subsection
(e) of this section.
(e) Management plan
(1) In general
Not later than 5 years after November 12,
1996, the Secretary of the Interior shall develop and submit to the Committee on Energy
and Natural Resources of the Senate and the
Committee on Resources of the House of Rep-

§ 1786

TITLE 43—PUBLIC LANDS

resentatives a management plan that describes the appropriate use of the Area consistent with this subsection.
(2) Contents
The management plan shall include—
(A) a plan for the implementation of a continuing cooperative program with other
agencies and groups for—
(i) laboratory and field interpretation;
and
(ii) public education about the resources
and values of the Area (including vertebrate fossils);
(B) provisions for vehicle management
that are consistent with the purpose of the
Area and that provide for the use of vehicles
to the minimum extent necessary to accomplish an individual scientific project;
(C) procedures for the excavation and collection of fossil remains, including botanical
fossils, and the use of motorized and mechanical equipment to the minimum extent
necessary to accomplish an individual scientific project; and
(D) mitigation and reclamation standards
for activities that disturb the surface to the
detriment of scenic and environmental values.
(Pub. L. 98–603, title I, § 103, Oct. 30, 1984, 98 Stat.
3156; Pub. L. 104–333, div. I, title X, § 1022(e), Nov.
12, 1996, 110 Stat. 4213; Pub. L. 106–176, title I,
§ 124, Mar. 10, 2000, 114 Stat. 30.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (b)(2) and (c)(1)(B), is
Pub. L. 98–603, Oct. 30, 1984, 98 Stat. 3155, as amended,
known as the San Juan Basin Wilderness Protection
Act of 1984. For complete classification of this Act to
the Code, see Tables.
The Federal Land Policy and Management Act of
1976, as amended, referred to in subsec. (c)(1)(B), is Pub.
L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, which
is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title
note set out under section 1701 of this title and Tables.
CODIFICATION
November 12, 1996, referred to in subsec. (e)(1), was in
the original ‘‘the date of enactment of this Act’’, which
was translated as meaning the date of enactment of
Pub. L. 104–333, which amended this section generally,
to reflect the probable intent of Congress.
Section was enacted as part of the San Juan Basin
Wilderness Protection Act of 1984, and not as part of
the Federal Land Policy and Management Act of 1976
which comprises this chapter.
AMENDMENTS
2000—Subsec. (b)(1). Pub. L. 106–176, § 124(1), substituted ‘‘Committee on Resources’’ for ‘‘Committee on
Natural Resources’’.
Subsec. (e)(1). Pub. L. 106–176, § 124(2), which directed
amendment of par. (1) by substituting ‘‘this subsection’’ for ‘‘this Act’’, was executed by making the
substitution following ‘‘consistent with’’, to reflect the
probable intent of Congress.
Pub. L. 106–176, § 124(1), substituted ‘Committee on
Resources’’ for ‘‘Committee on Natural Resources’’.
1996—Pub. L. 104–333 amended section generally. Prior
to amendment, section read as follows:
‘‘(a) In recognition of its paramount aesthetic, natural, scientific, educational, and paleontological values,
the approximately two thousand seven hundred and

Page 540

twenty acre area in the Albuquerque District of the Bureau of Land Management, New Mexico, known as the
‘Fossil Forest’, as generally depicted on a map entitled
‘Fossil Forest’, dated June 1983, is hereby withdrawn,
subject to valid existing rights, from all forms of appropriation under the mining laws and from disposition
under all laws pertaining to mineral leasing and geothermal leasing and all amendments thereto. The Secretary of the Interior shall administer the area in accordance with the Federal Land Policy and Management Act and shall take such measures as are necessary to ensure that no activities are permitted within
the area which would significantly disturb the land surface or impair the area’s existing natural, educational,
and scientific research values, including paleontological study, excavation, and interpretation.
‘‘(b) Within one year of October 30, 1984, the Secretary of the Interior shall promulgate rules and regulations for the administration of the Fossil Forest area
referred to in subsection (a) of this section in accordance with the provisions of this Act and shall file a
copy of such rules and regulations with the Committee
on Interior and Insular Affairs of the United States
House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate.
‘‘(c) The Bureau of Land Management is hereby directed to conduct a long-range study of the Fossil Forest to determine how best to manage the area’s resource values identified in subsection (a) of this section. Within eight years of October 30, 1984, the Secretary shall forward the study results and management
plan for the area to Congress. During the study period
and until Congress determines otherwise, the Fossil
Forest area shall be managed under the provisions of
this Act.’’
CHANGE OF NAME
Committee on Resources of House of Representatives
changed to Committee on Natural Resources of House
of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§ 1786. Piedras Blancas Historic Light Station
(a) Definitions
In this section:
(1) Light Station
The term ‘‘Light Station’’ means Piedras
Blancas Light Station.
(2) Outstanding Natural Area
The term ‘‘Outstanding Natural Area’’
means the Piedras Blancas Historic Light Station Outstanding Natural Area established
pursuant to subsection (c).
(3) Public lands
The term ‘‘public lands’’ has the meaning
stated in section 103(e) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1703(e)).1
(4) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) Findings
Congress finds as follows:
(1) The publicly owned Piedras Blancas
Light Station has nationally recognized historical structures that should be preserved for
present and future generations.
(2) The coastline adjacent to the Light Station is internationally recognized as having
1 So

in original. Probably should be ‘‘1702(e)).’’

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TITLE 43—PUBLIC LANDS

significant wildlife and marine habitat that
provides critical information to research institutions throughout the world.
(3) The Light Station tells an important
story about California’s coastal prehistory and
history in the context of the surrounding region and communities.
(4) The coastal area surrounding the Light
Station was traditionally used by Indian people, including the Chumash and Salinan Indian
tribes.
(5) The Light Station is historically associated with the nearby world-famous Hearst
Castle (Hearst San Simeon State Historical
Monument), now administered by the State of
California.
(6) The Light Station represents a model
partnership where future management can be
successfully accomplished among the Federal
Government, the State of California, San Luis
Obispo County, local communities, and private
groups.
(7) Piedras Blancas Historic Light Station
Outstanding Natural Area would make a significant addition to the National Landscape
Conservation System administered by the Department of the Interior’s Bureau of Land
Management.
(8) Statutory protection is needed for the
Light Station and its surrounding Federal
lands to ensure that it remains a part of our
historic, cultural, and natural heritage and to
be a source of inspiration for the people of the
United States.
(c) Designation of the Piedras Blancas Historic
Light Station Outstanding Natural Area
(1) In general
In order to protect, conserve, and enhance
for the benefit and enjoyment of present and
future generations the unique and nationally
important historical, natural, cultural, scientific, educational, scenic, and recreational
values of certain lands in and around the
Piedras Blancas Light Station, in San Luis
Obispo County, California, while allowing certain recreational and research activities to
continue, there is established, subject to valid
existing rights, the Piedras Blancas Historic
Light Station Outstanding Natural Area.
(2) Maps and legal descriptions
The boundaries of the Outstanding Natural
Area as those shown on the map entitled
‘‘Piedras Blancas Historic Light Station: Outstanding Natural Area’’, dated May 5, 2004,
which shall be on file and available for public
inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State office
of the Bureau of Land Management in the
State of California.
(3) Basis of management
The Secretary shall manage the Outstanding
Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those
uses that further the purposes for the establishment of the Outstanding Natural Area, the
Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.), and other applicable laws.

§ 1786

(4) Withdrawal
Subject to valid existing rights, and in accordance with the existing withdrawal as set
forth in Public Land Order 7501 (Oct. 12, 2001,
Vol. 66, No. 198, Federal Register 52149), the
Federal lands and interests in lands included
within the Outstanding Natural Area are hereby withdrawn from—
(A) all forms of entry, appropriation, or
disposal under the public land laws;
(B) location, entry, and patent under the
public land mining laws; and
(C) operation of the mineral leasing and
geothermal leasing laws and the mineral
materials laws.
(d) Management of the Piedras Blancas Historic
Light Station Outstanding Natural Area
(1) In general
The Secretary shall manage the Outstanding
Natural Area in a manner that conserves, protects, and enhances the unique and nationally
important historical, natural, cultural, scientific, educational, scenic, and recreational
values of that area, including an emphasis on
preserving and restoring the Light Station facilities, consistent with the requirements of
subsection (c)(3).
(2) Uses
Subject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds
are likely to further the purposes for which
the Outstanding Natural Area is established as
set forth in subsection (c)(1).
(3) Management plan
Not later than 3 years after of 2 May 8, 2008,
the Secretary shall complete a comprehensive
management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712) to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill the purposes for
which it is established, as set forth in subsection (c)(1). The management plan shall be
developed in consultation with appropriate
Federal, State, and local government agencies,
with full public participation, and the contents shall include—
(A) provisions designed to ensure the protection of the resources and values described
in subsection (c)(1);
(B) objectives to restore the historic Light
Station and ancillary buildings;
(C) an implementation plan for a continuing program of interpretation and public
education about the Light Station and its
importance to the surrounding community;
(D) a proposal for minimal administrative
and public facilities to be developed or improved at a level compatible with achieving
the resources objectives for the Outstanding
Natural Area as described in paragraph (1)
and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; and
2 So

in original. The word ‘‘of’’ probably should not appear.

§ 1786

TITLE 43—PUBLIC LANDS

(E) cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with
emphasis on the preservation of the resources of the Outstanding Natural Area and
the interpretive, education, and long-term
scientific uses of the resources, giving priority to the enforcement of the Archaeological
Resources Protection Act of 1979 (16 U.S.C.
470aa et seq.) and the National Historic Preservation Act (16 U.S.C. 470 et seq.) within the
Outstanding Natural Area.
(4) Cooperative agreements
In order to better implement the management plan and to continue the successful partnerships with the local communities and the
Hearst San Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary
may enter into cooperative agreements with
the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal
Land Management 3 Policy and Management
Act of 1976 (43 U.S.C. 1737(b)).
(5) Research activities
In order to continue the successful partnership with research organizations and agencies
and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding
Natural Area appropriate research activities
for the purposes identified in subsection (c)(1)
and pursuant to section 307(a) of the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1737(a)).
(6) Acquisition
State and privately held lands or interests in
lands adjacent to the Outstanding Natural
Area and identified as appropriate for acquisition in the management plan may be acquired
by the Secretary as part of the Outstanding
Natural Area only by—
(A) donation;
(B) exchange with a willing party; or
(C) purchase from a willing seller.
(7) Additions to the Outstanding Natural Area
Any lands or interest in lands adjacent to
the Outstanding Natural Area acquired by the
United States after May 8, 2008, shall be added
to and administered as part of the Outstanding
Natural Area.
(8) Overflights
Nothing in this section or the management
plan shall be construed to—
(A) restrict or preclude overflights, including low level overflights, military, commercial, and general aviation overflights that
can be seen or heard within the Outstanding
Natural Area;
(B) restrict or preclude the designation or
creation of new units of special use airspace
or the establishment of military flight training routes over the Outstanding Natural
Area; or
3 So in original. The word ‘‘Management’’ probably should not
appear.

Page 542

(C) modify regulations governing low-level
overflights above the adjacent Monterey Bay
National Marine Sanctuary.
(9) Law enforcement activities
Nothing in this section shall be construed to
preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies
within the Department of Homeland Security,
the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area.
(10) Native American uses and interests
In recognition of the past use of the Outstanding Natural Area by Indians and Indian
tribes for traditional cultural and religious
purposes, the Secretary shall ensure access to
the Outstanding Natural Area by Indians and
Indian tribes for such traditional cultural and
religious purposes. In implementing this subsection, the Secretary, upon the request of an
Indian tribe or Indian religious community,
shall temporarily close to the general public
use of one or more specific portions of the Outstanding Natural Area in order to protect the
privacy of traditional cultural and religious
activities in such areas by the Indian tribe or
Indian religious community. Any such closure
shall be made to affect the smallest practicable area for the minimum period necessary
for such purposes. Such access shall be consistent with the purpose and intent of Public
Law 95–341 (42 U.S.C. 1996 et seq.; commonly
referred to as the ‘‘American Indian Religious
Freedom Act’’).
(11) No buffer zones
The designation of the Outstanding Natural
Area is not intended to lead to the creation of
protective perimeters or buffer zones around 4
area. The fact that activities outside the Outstanding Natural Area and not consistent with
the purposes of this section can be seen or
heard within the Outstanding Natural Area
shall not, of itself, preclude such activities or
uses up to the boundary of the Outstanding
Natural Area.
(e) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.
(Pub. L. 110–229, title II, § 201, May 8, 2008, 122
Stat. 759.)
REFERENCES IN TEXT
The Federal Land Policy and Management Act of
1976, referred to in subsec. (c)(3), is Pub. L. 94–579, Oct.
21, 1976, 90 Stat. 2743, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section
1701 of this title and Tables.
The Archaeological Resources Protection Act of 1979,
referred to in subsec. (d)(3)(E), is Pub. L. 96–95, Oct. 31,
1979, 93 Stat. 721, which is classified generally to chapter 1B (§ 470aa et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see
Short Title note set out under section 470aa of Title 16
and Tables.
The National Historic Preservation Act, referred to
in subsec. (d)(3)(E), is Pub. L. 89–665, Oct. 15, 1966, 80
4 So

in original. Probably should be followed by ‘‘the’’.

Page 543

TITLE 43—PUBLIC LANDS

Stat. 915, which is classified generally to subchapter II
(§ 470 et seq.) of chapter 1A of Title 16, Conservation.
For complete classification of this Act to the Code, see
section 470(a) of Title 16 and Tables.
The American Indian Religious Freedom Act, referred to in subsec. (d)(10), is Pub. L. 95–341, Aug. 11,
1978, 92 Stat. 469, which is classified to sections 1996 and
1996a of Title 42, The Public Health and Welfare. For
complete classification of this Act to the Code, see
Short Title note set out under section 1996 of Title 42
and Tables.
CODIFICATION
Section was enacted as part of the Consolidated Natural Resources Act of 2008, and not as part of the Federal Land Policy and Management Act of 1976 which
comprises this chapter.

§ 1787. Jupiter Inlet Lighthouse Outstanding Natural Area
(a) Definitions
In this section:
(1) Commandant
The term ‘‘Commandant’’ means the Commandant of the Coast Guard.
(2) Lighthouse
The term ‘‘Lighthouse’’ means the Jupiter
Inlet Lighthouse located in Palm Beach County, Florida.
(3) Local Partners
The term ‘‘Local Partners’’ includes—
(A) Palm Beach County, Florida;
(B) the Town of Jupiter, Florida;
(C) the Village of Tequesta, Florida; and
(D) the Loxahatchee River Historical Society.
(4) Management plan
The term ‘‘management plan’’ means the
management plan developed under subsection
(c)(1).
(5) Map
The term ‘‘map’’ means the map entitled
‘‘Jupiter Inlet Lighthouse Outstanding Natural Area’’ and dated October 29, 2007.
(6) Outstanding Natural Area
The term ‘‘Outstanding Natural Area’’
means the Jupiter Inlet Lighthouse Outstanding Natural Area established by subsection
(b)(1).
(7) Public land
The term ‘‘public land’’ has the meaning
given the term ‘‘public lands’’ in section 103(e)
of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1702(e)).
(8) Secretary
The term ‘‘Secretary’’ means the Secretary
of the Interior.
(9) State
The term ‘‘State’’ means the State of Florida.
(b) Establishment of the Jupiter Inlet Lighthouse
Outstanding Natural Area
(1) Establishment
Subject to valid existing rights, there is established for the purposes described in para-

§ 1787

graph (2) the Jupiter Inlet Lighthouse Outstanding Natural Area, the boundaries of
which are depicted on the map.
(2) Purposes
The purposes of the Outstanding Natural
Area are to protect, conserve, and enhance the
unique and nationally important historic, natural, cultural, scientific, educational, scenic,
and recreational values of the Federal land
surrounding the Lighthouse for the benefit of
present generations and future generations of
people in the United States, while—
(A) allowing certain recreational and research activities to continue in the Outstanding Natural Area; and
(B) ensuring that Coast Guard operations
and activities are unimpeded within the
boundaries of the Outstanding Natural Area.
(3) Availability of map
The map shall be on file and available for
public inspection in appropriate offices of the
Bureau of Land Management.
(4) Withdrawal
(A) In general
Subject to valid existing rights, subsection
(e), and any existing withdrawals under the
Executive orders and public land order described in subparagraph (B), the Federal
land and any interests in the Federal land
included in the Outstanding Natural Area
are withdrawn from—
(i) all forms of entry, appropriation, or
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) operation of the mineral leasing and
geothermal leasing laws and the mineral
materials laws.
(B) Description of Executive orders
The Executive orders and public land order
described in subparagraph (A) are—
(i) the Executive Order dated October 22,
1854;
(ii) Executive Order No. 4254 (June 12,
1925); and
(iii) Public Land Order No. 7202 (61 Fed.
Reg. 29758).
(c) Management plan
(1) In general
Not later than 3 years after May 8, 2008, the
Secretary, in consultation with the Commandant, shall develop a comprehensive management plan in accordance with section 202 of
the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712) to—
(A) provide long-term management guidance for the public land in the Outstanding
Natural Area; and
(B) ensure that the Outstanding Natural
Area fulfills the purposes for which the Outstanding Natural Area is established.
(2) Consultation; public participation
The management plan shall be developed—
(A) in consultation with appropriate Federal, State, county, and local government
agencies, the Commandant, the Local Partners, and other partners; and

§ 1787

TITLE 43—PUBLIC LANDS

(B) in a manner that ensures full public
participation.
(3) Existing plans
The management plan shall, to the maximum extent practicable, be consistent with
existing resource plans, policies, and programs.
(4) Inclusions
The management plan shall include—
(A) objectives and provisions to ensure—
(i) the protection and conservation of
the resource values of the Outstanding
Natural Area; and
(ii) the restoration of native plant communities and estuaries in the Outstanding
Natural Area, with an emphasis on the
conservation and enhancement of healthy,
functioning ecological systems in perpetuity;
(B) objectives and provisions to maintain
or recreate historic structures;
(C) an implementation plan for a program
of interpretation and public education about
the natural and cultural resources of the
Lighthouse, the public land surrounding the
Lighthouse, and associated structures;
(D) a proposal for administrative and public facilities to be developed or improved
that—
(i) are compatible with achieving the resource objectives for the Outstanding Natural
Area
described
in
subsection
(d)(1)(A)(ii); and
(ii) would accommodate visitors to the
Outstanding Natural Area;
(E) natural and cultural resource management strategies for the Outstanding Natural
Area, to be developed in consultation with
appropriate departments of the State, the
Local Partners, and the Commandant, with
an emphasis on resource conservation in the
Outstanding Natural Area and the interpretive, educational, and long-term scientific
uses of the resources; and
(F) recreational use strategies for the Outstanding Natural Area, to be prepared in
consultation with the Local Partners, appropriate departments of the State, and the
Coast Guard, with an emphasis on passive
recreation.
(5) Interim plan
Until a management plan is adopted for the
Outstanding Natural Area, the Jupiter Inlet
Coordinated Resource Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management
Plan) shall be in effect.
(d) Management of the Jupiter Inlet Lighthouse
Outstanding Natural Area
(1) Management
(A) In general
The Secretary, in consultation with the
Local Partners and the Commandant, shall
manage the Outstanding Natural Area—
(i) as part of the National Landscape
Conservation System;
(ii) in a manner that conserves, protects,
and enhances the unique and nationally

Page 544

important historical, natural, cultural,
scientific, educational, scenic, and recreational values of the Outstanding Natural Area, including an emphasis on the restoration of native ecological systems; and
(iii) in accordance with the Federal Land
Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and other applicable
laws.
(B) Limitation
In managing the Outstanding Natural
Area, the Secretary shall not take any action that precludes, prohibits, or otherwise
affects the conduct of ongoing or future
Coast Guard operations or activities on lots
16 and 18, as depicted on the map.
(2) Uses
Subject to valid existing rights and subsection (e), the Secretary shall only allow uses
of the Outstanding Natural Area that the Secretary, in consultation with the Commandant
and Local Partners, determines would likely
further the purposes for which the Outstanding Natural Area is established.
(3) Cooperative agreements
To facilitate implementation of the management plan and to continue the successful partnerships with local communities and other
partners, the Secretary may, in accordance
with section 307(b) of the Federal Land Management 1 Policy and Management Act of 1976
(43 U.S.C. 1737(b)), enter into cooperative
agreements with the appropriate Federal,
State, county, other local government agencies, and other partners (including the
Loxahatchee River Historical Society) for the
long-term management of the Outstanding
Natural Area.
(4) Research activities
To continue successful research partnerships, pursue future research partnerships, and
assist in the development and implementation
of the management plan, the Secretary may,
in accordance with section 307(a) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1737(a)), authorize the conduct of appropriate research activities in the Outstanding Natural Area for the purposes described in
subsection (b)(2).
(5) Acquisition of land
(A) In general
Subject to subparagraph (B), the Secretary
may acquire for inclusion in the Outstanding Natural Area any State or private land
or any interest in State or private land that
is—
(i) adjacent to the Outstanding Natural
Area; and
(ii) identified in the management plan as
appropriate for acquisition.
(B) Means of acquisition
Land or an interest in land may be acquired under subparagraph (A) only by donation, exchange, or purchase from a willing
seller with donated or appropriated funds.
1 So in original. The word ‘‘Management’’ probably should not
appear.

Page 545

§ 1801

TITLE 43—PUBLIC LANDS

(C) Additions to the Outstanding Natural
Area
Any land or interest in land adjacent to
the Outstanding Natural Area acquired by
the United States after May 8, 2008, under
subparagraph (A) shall be added to, and administered as part of, the Outstanding Natural Area.
(6) Law enforcement activities
Nothing in this section, the management
plan, or the Jupiter Inlet Coordinated Resource Management Plan (including any updates or amendments to the Jupiter Inlet
Coordinated Resource Management Plan) precludes, prohibits, or otherwise affects—
(A) any maritime security, maritime safety, or environmental protection mission or
activity of the Coast Guard;
(B) any border security operation or law
enforcement activity by the Department of
Homeland Security or the Department of
Justice; or
(C) any law enforcement activity of any
Federal, State, or local law enforcement
agency in the Outstanding Natural Area.
(7) Future disposition of Coast Guard facilities
If the Commandant determines, after May 8,
2008, that Coast Guard facilities within the
Outstanding Natural Area exceed the needs of
the Coast Guard, the Commandant may relinquish the facilities to the Secretary without
removal, subject only to any environmental
remediation that may be required by law.
(e) Effect on ongoing and future Coast Guard operations
Nothing in this section, the management plan,
or the Jupiter Inlet Coordinated Resource Management Plan (including updates or amendments to the Jupiter Inlet Coordinated Resource
Management Plan) precludes, prohibits, or
otherwise affects ongoing or future Coast Guard
operations or activities in the Outstanding Natural Area, including—
(1) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the
Coast Guard High Frequency antenna site on
lot 16;
(2) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the
military family housing area on lot 18;
(3) the continued and future use of, access
to, maintenance of, and, as may be necessitated for Coast Guard missions, the expansion, enhancement, or replacement of, the pier
on lot 18;
(4) the existing lease of the Jupiter Inlet
Lighthouse on lot 18 from the Coast Guard to
the Loxahatchee River Historical Society; or
(5) any easements or other less-than-fee interests in property appurtenant to existing
Coast Guard facilities on lots 16 and 18.
(f) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out this section.

(Pub. L. 110–229, title II, § 202, May 8, 2008, 122
Stat. 763.)
REFERENCES IN TEXT
The Executive Order dated October 22, 1854, and Executive Order No. 4254 (June 12, 1925), referred to in subsec. (b)(4)(B)(i), (ii), were not classified to the Code.
The Federal Land Policy and Management Act of
1976, referred to in subsec. (d)(1)(A)(iii), is Pub. L.
94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified
principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out
under section 1701 of this title and Tables.
CODIFICATION
Section was enacted as part of the Consolidated Natural Resources Act of 2008, and not as part of the Federal Land Policy and Management Act of 1976 which
comprises this chapter.

CHAPTER 36—OUTER CONTINENTAL SHELF
RESOURCE MANAGEMENT
Sec.

1801.
1802.

Congressional findings.
Congressional declaration of purposes.
SUBCHAPTER I—OFFSHORE OIL SPILL
POLLUTION FUND

1811 to 1824. Repealed.
SUBCHAPTER II—FISHERMEN’S CONTINGENCY
FUND
1841.
Definitions.
1842.
Fishermen’s Contingency Fund.
1843.
Duties and powers of Secretary.
1844.
Burden of proof.
1845.
Claims procedure.
1846, 1847. Repealed.
SUBCHAPTER III—MISCELLANEOUS PROVISIONS
1861.
1862.
1863.
1864.

1865.
1866.

Repealed.
Natural gas distribution.
Unlawful employment practices; regulations.
Disclosure of financial interests by officers
and employees of Department of the Interior.
Investigation of reserves of oil and gas in
Outer Continental Shelf.
Relationship to existing law.

§ 1801. Congressional findings
The Congress finds and declares that—
(1) the demand for energy in the United
States is increasing and will continue to increase for the foreseeable future;
(2) domestic production of oil and gas has declined in recent years;
(3) the United States has become increasingly dependent upon imports of oil from foreign nations to meet domestic energy demand;
(4) increasing reliance on imported oil is not
inevitable, but is rather subject to significant
reduction by increasing the development of
domestic sources of energy supply;
(5) consumption of natural gas in the United
States has greatly exceeded additions to domestic reserves in recent years;
(6) technology is or can be made available
which will allow significantly increased domestic production of oil and gas without
undue harm or damage to the environment;
(7) the Outer Continental Shelf contains significant quantities of oil and natural gas and
is a vital national resource reserve which
must be carefully managed so as to realize fair