Flmpa

Federal Land Policy and Management Act
43 U.S.C. §§1701-1785
Subchapter I—General Provisions
Sec.

§ 1701
§ 1702

[FLPMA §102]
Congressional declaration of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 479
[FLPMA §103]
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 480

Subchapter II—Land Use Planning And Land Acquisition And Disposition
§ 1711
§ 1712

§ 1713

§ 1714

§ 1715

[FLPMA §201]
Continuing inventory and identification of public lands; preparation and maintenance . . . . . . . . .
[FLPMA §202]
Land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Development, maintenance, and revision by Secretary . . . . . . . . . . . . . . . . . . . . . .
(b) Coordination of plans for National Forest System lands with Indian land use planning and
management programs for purposes of development and revision . . . . . . . . . . . . . . . .
(c) Criteria for development and revision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Review and inclusion of classified public lands; review of existing land use plans; modification
and termination of classifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Management decisions for implementation of developed or revised plans . . . . . . . . . . . .
(f) Procedures applicable to formulation of plans and programs for public land management . . . .
[FLPMA §203]
Sales of public land tracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Criteria for disposal; excepted lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Conveyance of land of agricultural value and desert in character . . . . . . . . . . . . . . . . .
(c) Congressional approval procedures applicable to tracts in excess of two thousand five
hundred acres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Sale price . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Maximum size of tracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) Competitive bidding requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) Acceptance or rejection of offers to purchase . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §204]
Withdrawals of lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Authorization and limitation; delegation of authority . . . . . . . . . . . . . . . . . . . . . . .
(b) Application and procedures applicable subsequent to submission of application . . . . . . . . .
(c) Congressional approval procedures applicable to withdrawals aggregating five thousand acres
or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Withdrawals aggregating less than five thousand acres; procedure applicable . . . . . . . . . .
(e) Emergency withdrawals; procedure applicable; duration . . . . . . . . . . . . . . . . . . . . .
(f) Review of existing withdrawals and extensions; procedure applicable to extensions; duration. .
(g) Processing and adjudication of existing applications . . . . . . . . . . . . . . . . . . . . . . .
(h) Public hearing required for new withdrawals . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) Consent for withdrawal of lands under administration of department or agency other than
Department of the Interior . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) Applicability of other Federal laws withdrawing lands as limiting authority . . . . . . . . . . .
(k) Authorization of appropriations for processing applications. . . . . . . . . . . . . . . . . . . .
(l) Review of existing withdrawals in certain States; procedure applicable for determination of
future status of lands; authorization of appropriations . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §205]
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Conformity to departmental policies and land-use plan of acquisitions . . . . . . . . . . . . . .
(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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Status of lands and interests in lands upon acquisition by Secretary of Agriculture. . . . . . . .
(e) Status and administration of lands acquired in exchange for lands revested in or reconveyed
to United States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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473

ENVIRONMENTAL LAW DESKBOOK

§ 1716

§ 1717
§ 1718
§ 1719
§ 1720
§ 1721

§ 1722

§ 1723

[FLPMA §206]
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
(b) Implementation requirements; cash equalization waiver . . . . . . . . . . . . . . . . . . . . . . .
(c) Status of lands acquired upon exchange by Secretary of the Interior . . . . . . . . . . . . . . . . .
(d) Appraisal of land; submission to arbitrator; determination to proceed or withdraw from exchange;
use of other valuation process; suspension of deadlines . . . . . . . . . . . . . . . . . . . . . . . .
(e) Simultaneous issue of patents or titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) New rules and regulations; appraisal rules and regulations; “costs and other responsibilities or
requirements” defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) Exchanges to proceed under existing laws and regulations pending new rules and regulations. . . .
(h) Exchange of lands or interests of approximately equal value; conditions; “approximately
equal value” defined . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i) Segregation from appropriation under mining and public land laws . . . . . . . . . . . . . . . . .
[FLPMA §207]
Qualifications of conveyees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §208]
Documents of conveyance; terms, covenants, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §209]
Mineral interests; reservation and conveyance requirements and procedures . . . . . . . . . . . . . . . .
[FLPMA §210]
Coordination by Secretary of the Interior with State and local governments . . . . . . . . . . . . . . . .
[FLPMA §211]
Conveyances of public lands to States, local governments, etc. . . . . . . . . . . . . . . . . . . . . . . .
(a) Unsurveyed islands; authorization and limitations on authority . . . . . . . . . . . . . . . . . . . .
(b) Omitted lands; authorization and limitations on authority . . . . . . . . . . . . . . . . . . . . . . .
(c) Conformity with land use plans and programs and coordination with State and local
governments of conveyances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Applicability of other statutory requirements for authorized use of conveyed lands . . . . . . . . .
(e) Limitations on uses of conveyed lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) Applicability to lands within National Forest System, National Park System, National Wildlife
Refuge System, and National Wild and Scenic Rivers System . . . . . . . . . . . . . . . . . . . .
(g) Applicability to other statutory provisions authorizing sale of specific omitted lands . . . . . . . .
[FLPMA §214]
Sale of public lands subject to unintentional trespass . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Preference right of contiguous landowners; offering price . . . . . . . . . . . . . . . . . . . . . .
(b) Procedures applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Time for processing of applications and sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §215]
Temporary revocation authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Exchange involved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Limitations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Subchapter III—Administration
§ 1731

§ 1732

474

[FLPMA §301]
Bureau of Land Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Director; appointment, qualifications, functions, and duties. . . . . . . . . . . . . . . . . . . . .
(b) Statutory transfer of functions, powers and duties relating to administration of laws . . . . . . . .
(c) Associate Director, Assistant Directors, and other employees; appointment and compensation . .
(d) Existing regulations relating to administration of laws . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §302]
Management of use, occupancy, and development of public lands . . . . . . . . . . . . . . . . . . . .
(a) Multiple use and sustained yield requirements applicable; exception . . . . . . . . . . . . . . . .
(b) Easements, permits, etc., for utilization through habitation, cultivation, and development of small
trade or manufacturing concerns; applicable statutory requirements . . . . . . . . . . . . . . . .
(c) Revocation or suspension provision in instrument authorizing use, occupancy or development;
violation of provision; procedure applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Authorization to utilize certain public lands in Alaska for military purposes . . . . . . . . . . . .

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FEDERAL LAND POLICY AND MANAGEMENT ACT

§ 1733

§ 1734

[FLPMA §303]
Enforcement authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Regulations for implementation of management, use, and protection requirements; violations;
criminal penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Civil actions by Attorney General for violations of regulations; nature of relief; jurisdiction .
(c) Contracts for enforcement of Federal laws and regulations by local law enforcement officials;
procedure applicable; contract requirements and implementation . . . . . . . . . . . . . . . .
(d) Cooperation with regulatory and law enforcement officials of any State or political
subdivision in enforcement of laws or ordinances . . . . . . . . . . . . . . . . . . . . . . . .
(e) Uniformed desert ranger force in California Desert Conservation Area; establishment;
enforcement of Federal laws and regulations . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) Applicability of other Federal enforcement provisions . . . . . . . . . . . . . . . . . . . . .
(g) Unlawful activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §304]
Fees, charges, and commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Authority to establish and modify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Deposits for payments to reimburse reasonable costs of United States . . . . . . . . . . . . .
(c) Refunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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§ 1734a
§ 1735

§ 1736

Availability of excess fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §305]
Forfeitures and deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Credit to separate account in Treasury; appropriation and availability . . . . . . . . . . . . . .
(b) Expenditure of moneys collected administering Oregon and California Railroad and Coos Bay
Wagon Road Grant lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Refunds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §306]
Working capital fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Establishment; availability of fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Initial funding; subsequent transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Payments credited to fund; amount; advancement or reimbursement . . . . . . . . . . . . . . .
(d) Authorization of appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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§ 1736a
§ 1737

§ 1738
§ 1739

§ 1740
§ 1741

Revolving Fund, Special Account . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §307]
Implementation provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Investigations, studies, and experiments . . . . . . . . . . . . . . . . . .
(b) Contracts and cooperative agreements . . . . . . . . . . . . . . . . . . .
(c) Contributions and donations of money, services, and property . . . . . .
(d) Recruitment of volunteers . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Restrictions on activities of volunteers. . . . . . . . . . . . . . . . . . .
(f) Federal employment status of volunteers . . . . . . . . . . . . . . . . .
(g) Authorization of appropriations . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §308]
Contracts for surveys and resource protection; renewals; funding requirements
[FLPMA §309]
Advisory councils. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Establishment; membership; operation. . . . . . . . . . . . . . . . . . .
(b) Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Travel and per diem payments . . . . . . . . . . . . . . . . . . . . . . .
(d) Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Public participation; procedures applicable . . . . . . . . . . . . . . . .
[FLPMA §310]
Rules and regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §311]
Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Purpose; time for submission. . . . . . . . . . . . . . . . . . . . . . . .
(b) Format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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475

ENVIRONMENTAL LAW DESKBOOK

§ 1742
§ 1743

§ 1744

§ 1745

§ 1746
§ 1747

§ 1748

[FLPMA §312]
Search, rescue, and protection forces; emergency situations authorizing hiring . . . . . . . . . .
[FLPMA §313]
Disclosure of financial interests by officers or employees . . . . . . . . . . . . . . . . . . . . .
(a) Annual written statement; availability to public . . . . . . . . . . . . . . . . . . . . . . .
(b) Implementation of requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Exempted personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Violations; criminal penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §314]
Recordation of mining claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Filing requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Additional filing requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Failure to file as constituting abandonment; defective or untimely filing . . . . . . . . . .
(d) Validity of claims, waiver of assessment, etc., as unaffected . . . . . . . . . . . . . . . .
[FLPMA §315]
Disclaimer of interest in lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Issuance of recordable document; criteria . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Procedures applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Construction as quit-claim deed from United States . . . . . . . . . . . . . . . . . . . . .
[FLPMA §316]
Correction of conveyance documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §317(c)]
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 . . . . . . . . . . . . . . . . . . . .
[FLPMA §318]
Funding requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Authorization of appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Procedure applicable for authorization of appropriations . . . . . . . . . . . . . . . . . .
(c) Distribution of receipts from Bureau from disposal of lands, etc. . . . . . . . . . . . . . .
(d) Purchase of certain public lands from Land and Water Conservation Fund . . . . . . . . .

. . . . . . . 497
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497
497
497
497
497

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497
497
497
498
498

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498
498
498
498

. . . . . . . 498

. . . . . . . 498
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499
499
499
499
499

Subchapter IV—Range Management
§ 1751
§ 1752

§ 1753

[FLPMA §401]
Grazing fees; feasibility study; contents; submission of report; annual distribution and use of range
betterment funds; nature of distributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §402]
Grazing leases and permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Terms and conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Terms of lesser duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) First priority for renewal of expiring permit or lease . . . . . . . . . . . . . . . . . . . . . .
(d) Allotment management plan requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Omission of allotment management plan requirements and incorporation of appropriate terms
and conditions; reexamination of range conditions . . . . . . . . . . . . . . . . . . . . . . .
(f) Allotment management plan applicability to non-Federal lands; appeal rights . . . . . . . . .
(g) Cancellation of permit or lease; determination of reasonable compensation; notice . . . . . .
(h) Applicability of provisions to rights, etc., in or to public lands or lands in National Forests . .
[FLPMA §403]
Grazing advisory boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Establishment; maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Appointment and terms of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Federal Advisory Committee Act applicability . . . . . . . . . . . . . . . . . . . . . . . . .
(f) Expiration date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . 500
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500
500
500
500
500

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501
501
501
501

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501
501
501
501
502
502
502

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503
503
503
503

Subchapter V—Rights-of-Way
§ 1761

476

[FLPMA §501]
Grant, issue, or renewal of rights-of-way. . . . . . . . . . . . . . . . . . .
(a) Authorized purposes . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Procedures applicable; administration . . . . . . . . . . . . . . . . .
(c) Permanent easement for water systems; issuance, preconditions, etc. .

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FEDERAL LAND POLICY AND MANAGEMENT ACT

§ 1762

§ 1763
§ 1764

§ 1765
§ 1766
§ 1767
§ 1768
§ 1769
§ 1770

§ 1771

[FLPMA §502]
Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Authority to acquire, construct, and maintain; financing arrangements . . . . . . . . . . . . . . .
(b) Recordation of copies of affected instruments . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Maintenance or reconstruction of facilities by users . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Fund for user fees for delayed payment to grantor. . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §503]
Right-of-way corridors; criteria and procedures applicable for designation . . . . . . . . . . . . . . . .
[FLPMA §504]
General requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Boundary specifications; criteria; temporary use of additional lands . . . . . . . . . . . . . . . .
(b) Terms and conditions of right-of-way or permit . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Applicability of regulations or stipulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Submission of plan of construction, operation, and rehabilitation by new project applicants;
plan requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Regulatory requirements for terms and conditions; revision and applicability of regulations. . . .
(f) Removal or use of mineral and vegetative materials. . . . . . . . . . . . . . . . . . . . . . . . .
(g) Rental payments; amount, waiver, etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 . . . . . . . . . . . . . .
(i) Bond or security requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) Criteria for grant, issue, or renewal of right-of-way . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §505]
Terms and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §506]
Suspension or termination; grounds; procedures applicable . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §507]
Rights-of-way for Federal departments and agencies . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §508]
Conveyance of lands covered by right-of-way; terms and conditions . . . . . . . . . . . . . . . . . . .
[FLPMA §509]
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 . . . . . . . . . . . . . . . . .
[FLPMA §510]
Applicability of provisions to other Federal laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Right-of-way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Highway use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Application of antitrust laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §511]
Coordination of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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504
504
504
504
504

. . . 505
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505
505
505
505

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505
505
505
505

. . . 506
. . . 506
. . . 506
. . . 506
. . . 506
. . . 506
. . . 506
. . . 507
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507
507
507
507

. . . 507

Subchapter VI—Designated Management Areas
§ 1781

§ 1782

[FLPMA §601]
California Desert Conservation Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Congressional findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) Statement of purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) Description of Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Preparation and implementation of comprehensive long-range plan for management, use, etc.
(e) Interim program for management, use, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) Applicability of mining laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) Advisory Committee; establishment; functions . . . . . . . . . . . . . . . . . . . . . . . . .
(h) Management of lands under jurisdiction of Secretary of Agriculture and Secretary of Defense
(i) Annual report; contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(j) Authorization of appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[FLPMA §603]
Bureau of Land Management Wilderness Study . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) Lands subject to review and designation as wilderness . . . . . . . . . . . . . . . . . . . . .
(b) Presidential recommendation for designation as wilderness . . . . . . . . . . . . . . . . . . .
(c) Status of lands during period of review and determination . . . . . . . . . . . . . . . . . . .

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508
508
508
508
508
508
508
508
508
508
508

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509
509
509
509

§ 1783
Yaquina Head Outstanding Natural Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509
(a) Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 509
(b) Administration by Secretary of the Interior; management plan; quarrying permits . . . . . . . . . . . . 509
477

ENVIRONMENTAL LAW DESKBOOK

(c) Revocation of 1866 reservation of lands for lighthouse purposes; restoration to public
lands status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Acquisition of lands not already in Federal ownership . . . . . . . . . . . . . . . . .
(e) Wind energy research . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) Reclamation and restoration of lands affected by quarrying operations . . . . . . . . .
(g) Authorization of appropriations . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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510
510
510
510
510

§ 1784
Lands in Alaska; designation as wilderness; management by Bureau of Land Management
pending Congressional action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 510
§ 1785
Fossil Forest Research Natural Area
(a) Establishment. . . . . . . . .
(b) Map and legal description . .
(c) Management . . . . . . . . .
(d) Inventory . . . . . . . . . . .
(e) Management plan. . . . . . .

478

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512
512
512
512
513

FLPMA §102

FEDERAL LAND POLICY AND MANAGEMENT ACT

43 U.S.C. §1701

Federal Land Policy and Management Act
43 U.S.C. §§1701-1785
Subchapter I—General Provisions
§1701.

[FLPMA §102]

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, scenic, 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 1988 Amendment
Pub. L. 100-409, Sec. 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’.”
Short Title
Section 101 of Pub. L. 94-579 provided that: “This Act [enacting this chapter and
amending and repealing numerous other laws, which for complete classification,
see Tables] may be cited as the ‘Federal Land Policy and Management Act of
1976’.”
Savings Provision
Section 701 of Pub. L. 94-579 provided that:
“(a) Nothing in this Act, or in any amendment made by this Act [see Short Title
note set out 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) 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 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.

479

43 U.S.C. §1702

ENVIRONMENTAL LAW DESKBOOK

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).”
Severability
Section 707 of Pub. L. 94-579 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.”
Agency-Wide Joint Permitting And Leasing Programs
Pub. L. 106-291, title III, Sec. 330, Oct. 11, 2000, 114 Stat. 996, as amended Pub.
L. 109-54, title IV, Sec. 428, Aug. 2, 2005, 119 Stat. 555, provided that: “In fiscal
years 2001 through 2008, the Secretaries of the Interior and Agriculture, subject to
annual review of Congress, 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; and 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 regulation 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.”
Existing Rights-of-Way
Section 706(b) of Pub. L. 94-579 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.

[FLPMA §103]

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 public meetings or
hearings held at locations near the affected lands, or advisory mecha1.
2.

480

See References in Text note below.
So in original. Probably should have a close quote.

FLPMA §103

nisms, 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,
sustained-yield, 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 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 “Bureau2 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 general land laws, referred to in subsec. (j), are classified generally to this title.
The Federal Property and Administrative Services Act, referred to in subsec. (j),
is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Prop-

FLPMA §103

FEDERAL LAND POLICY AND MANAGEMENT ACT

erty and Administrative Services Act of 1949, as amended. Except for title III of the
Act, which is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of
Title 41, Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40,
Public Buildings, Property, and Works. Section 3(d) of the Act (former 40 U.S.C.

43 U.S.C. §1702

472(d)), which provided the definition of “property”, was repealed and reenacted as
section 102(9) of Title 40.

481

43 U.S.C. §1711

ENVIRONMENTAL LAW DESKBOOK

FLPMA §201

Subchapter II—Land Use Planning And Land Acquisition And Disposition
§1711.

[FLPMA §201]

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, 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.

[FLPMA §202]

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, 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
482

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 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 dis-

FLPMA §203

FEDERAL LAND POLICY AND MANAGEMENT ACT

agreed 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.)
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 (Sec. 4601-4 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 4601-4 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. Secs. 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. Secs. 2318-2352,
see Tables.

§1713.

[FLPMA §203]

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 hun-

43 U.S.C. §1713

dred 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, 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.
(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

483

43 U.S.C. §1714

ENVIRONMENTAL LAW DESKBOOK

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.

[FLPMA §204]

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 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—
484

FLPMA §204

(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 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.
(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

FLPMA §204

FEDERAL LAND POLICY AND MANAGEMENT ACT

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.
(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 submit-

43 U.S.C. §1714

ted 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 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. Secs. 2319 to 2328, 2331, 2333 to
2337, and 2344, which as 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. Secs. 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 (Sec. 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.
Change Of Name
Committee on Natural Resources of House of Representatives treated as referring
to Committee on Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The Congress.

485

43 U.S.C. §1715

§1715.

ENVIRONMENTAL LAW DESKBOOK

[FLPMA §205]

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
land-use 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
National 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.
The public land laws, referred to in subsec. (c), are classified generally to this title.
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.

486

§1716.

FLPMA §205

[FLPMA §206]

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 non-Federal 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 interests 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 negoti-

FLPMA §206

FEDERAL LAND POLICY AND MANAGEMENT ACT

ated by the parties) of the lands or interests therein involved in the
exchange in accordance with subsection (f) of this section.
(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 Appraisal 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

43 U.S.C. §1716

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) 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
487

43 U.S.C. §1717

ENVIRONMENTAL LAW DESKBOOK

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 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.
The mining laws, referred to in subsec. (i), are classified generally to Title 30,
Mineral Lands and Mining.
The public land law, referred to in subsec. (i)(2), is classified generally to this title.
Congressional Statement Of Findings And Purposes
Section 2 of Pub. L. 100-409 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 provide 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.”
Land Exchange Funding Authorization
Section 4 of Pub. L. 100-409 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 re-

488

FLPMA §207

quested by the Secretaries, and appropriated by Congress for land exchange purposes.”
Savings Provision
Section 5 of Pub. L. 100-409 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.

[FLPMA §207]

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.
(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.

[FLPMA §208]

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.

[FLPMA §209]

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.

FLPMA §210

FEDERAL LAND POLICY AND MANAGEMENT ACT

(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.

[FLPMA §210]

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.

[FLPMA §211]

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, 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

43 U.S.C. §1721

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.
(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 (Sec. 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. 1609; 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

489

43 U.S.C. §1722

ENVIRONMENTAL LAW DESKBOOK

classified generally to chapter 25A (Sec. 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.

FLPMA §214

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, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

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 [Sec. 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.

§1722.

§1723.

[FLPMA §214]

[FLPMA §215]

Sale of public lands subject to unintentional trespass

Temporary revocation authority

(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 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.
(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.

(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;
(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.

(Pub. L. 94-579, title II, §214, Oct. 21, 1976, 90 Stat. 2760.)

490

FLPMA §215

FEDERAL LAND POLICY AND MANAGEMENT ACT

(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
Interior 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

43 U.S.C. §1723

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; 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. 910190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (Sec. 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.
Change Of Name
Committee on Natural Resources of House of Representatives treated as referring
to Committee on Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The Congress.
Savings Provision
See note set out under section 1716 of this title.

491

43 U.S.C. §1731

ENVIRONMENTAL LAW DESKBOOK

FLPMA §301

Subchapter III—Administration
§1731.

[FLPMA §301]

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.
(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 33 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 provisions of title 5, governing appointments in the competitive service, referred to in subsec. (c), are classified to section 3301 et seq. of Title 5, Government
Organization and Employees.
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 expanded 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.

[FLPMA §302]

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
3.

492

So in original. Probably should be subchapter “III”.

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 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 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.

FLPMA §303

FEDERAL LAND POLICY AND MANAGEMENT ACT

(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 off-road 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 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. Sec.
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.
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 refer-

43 U.S.C. §1733

ences, see section 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 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, Secs. 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.
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.

[FLPMA §303]

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
493

43 U.S.C. §1734

ENVIRONMENTAL LAW DESKBOOK

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 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, Sec. 101(h) (title I), Oct. 18, 1986, 100 Stat. 1783-242, 1783-243,
and Pub. L. 99-591, Sec. 101(h) (title I), Oct. 30, 1986, 100 Stat. 3341-242, 3341243, 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.

[FLPMA §304]

tended 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 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, Sec. 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.)
Codifications
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, Pub. L. 94-579, which comprises this chapter.

Fees, charges, and commissions

§1735.

(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 in-

Forfeitures and deposits

494

FLPMA §304

[FLPMA §305]

(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 of a compromise or settlement of any claim whether sounding in
tort or in contract involving present or potential damage to the public

FLPMA §307

FEDERAL LAND POLICY AND MANAGEMENT ACT

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, as amended, which enacted
sections 1181a to 1181f 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 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, Sec. 702, Oct. 21,
1976, 90 Stat. 2787. For complete classification of these Acts to the Code, see Tables.
Availability of Moneys for Improvement, Protection, or Rehabilitation of
Public Lands Damaged by Unauthorized Persons
Pub. L. 109-54, Title I, Aug. 2, 2005, 119 Stat. 502, provided in part: “That, notwithstanding any provision to the contrary of section 305(a) of Public Law 94-579
(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 Act [Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, Pub. L.
109-54, Aug. 2, 2005, 119 Stat. 499, see Tables for classification] 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 action are used on the exact lands damaged which
led to the action: Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which funds were collected
may be used to repair other damaged public lands."
Similar provisions were contained in the following prior Appropriations Acts:
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- 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.
3009-184.
Pub. L. 104-134, Title I, §101(c) [Title I], Apr. 26, 1996, 110 Stat. 1321- 158; renumbered Title I, Pub. L. 104-140, §1(a), May 2, 1996, 110 Stat. 1327.
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. 1329-215.

§1736.

[FLPMA §306]

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
4.

43 U.S.C. §1737

year limitation for expenses necessary for furnishing, in accordance
with the Federal Property and Administrative Services Act of 19494
(63 Stat. 377, as amended), 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 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.)
References In Text
The Federal Property and Administrative Services Act of 1949, referred to in
subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Except for title III
of the Act, which is classified generally to subchapter IV (Sec. 251 et seq.) of chapter
4 and Title 41, Public Contracts, the Act was repealed and reenacted by Pub. L.
107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of Title 40, Public Buildings, Property, and Works.

§1736a.
Revolving Fund, Special Account

There is hereby established in the Treasury of the United States a
special fund to be derived hereafter 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.

[FLPMA §307]

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

See References in Text note below.

495

43 U.S.C. §1738

ENVIRONMENTAL LAW DESKBOOK

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, 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 15 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.)
References In Text
The civil service classification laws, referred to in subsec. (d), probably should refer to civil service and classification laws. The civil service laws are set forth in Title
5, Government Organization and Employees. See, particularly, section 3301 et seq.
of Title 5. The classification laws are set forth in chapter 51 and subchapter III of
chapter 53 of Title 5.
The tort claims provisions of title 28, referred to in subsec. (f)(1), is the Federal
Tort Claims Act, which is classified generally to section 1346(b) and chapter 171
(Sec. 2671 et seq.) of Title 28, Judiciary and Judicial Procedure.

§1738.

[FLPMA §308]

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
5.

496

So in original. Probably should be subchapter “I”.

FLPMA §308

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.

[FLPMA §309]

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 (86 Stat. 770), referred to in subsec. (a), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, and 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.
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.

[FLPMA §310]

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).

FLPMA §311

FEDERAL LAND POLICY AND MANAGEMENT ACT

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.

[FLPMA §311]

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 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.)
Change Of Name
Committee on Natural Resources of House of Representatives treated as referring
to Committee on Resources of House of Representatives by section 1(a) of Pub. L.
104-14, set out as a note preceding section 21 of Title 2, The Congress.
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.

[FLPMA §312]

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.

[FLPMA §313]

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)
applies 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.

43 U.S.C. §1744

(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.

[FLPMA §314]

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 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 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 threeyear 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.
497

43 U.S.C. §1745

ENVIRONMENTAL LAW DESKBOOK

(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.)

§1745.

[FLPMA §315]

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.

[FLPMA §316]

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.)

FLPMA §315

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 forebearance6 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 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

§1747.

[FLPMA §317(c)]

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
6.

498

So in original.

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(Sec. 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.

FLPMA §318

§1748.

FEDERAL LAND POLICY AND MANAGEMENT ACT

[FLPMA §318]

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 appropriations 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.

43 U.S.C. §1748

(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, Sec.
4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money
and Finance.

499

43 U.S.C. §1751

ENVIRONMENTAL LAW DESKBOOK

FLPMA §401

Subchapter IV—Range Management
§1751.

[FLPMA §401]

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 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 onthe-ground range rehabilitation, protection, and improvements on
such lands, and the remaining one-half shall be used for on-the-ground
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) 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. 865, 48 Stat. 1269, as amended, which is classified principally to subchapter I (Sec. 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.

500

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.
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.

[FLPMA §402]

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 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 caseby-case 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

FLPMA §403

FEDERAL LAND POLICY AND MANAGEMENT ACT

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 nonFederal 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. 95514, §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, as amended, known as the Taylor Grazing Act, which is classified principally to subchapter I (Sec. 315 et seq.) of chapter 8A of this title. For complete classi-

43 U.S.C. §1753

fication 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, as amended, which enacted
sections 1181a to 1181f 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, Sec. 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 (Sec. 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,
as amended, known as the Federal Land Policy and Management Act of 1976. For
complete classification of this Act to the Code, see Tables.
Grazing Permit Renewals
Pub. L. 108-108, title III, Sec. 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 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, Sec. 101(g) (title I), Dec. 22, 1987, 101 Stat. 1329-213, 1329216.
Pub. L. 99-500, Sec. 101(h) (title I), Oct. 18, 1986, 100 Stat. 1783-242, 1783-245,
and Pub. L. 99-591, Sec. 101(h) (title I), Oct. 30, 1986, 100 Stat. 3341-242, 3341245.
Pub. L. 99-190, Sec. 101(d) (title I), Dec. 19, 1985, 99 Stat. 1224, 1226.
Pub. L. 98-473, title I, Sec. 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.

[FLPMA §403]

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.
501

43 U.S.C. §1753

ENVIRONMENTAL LAW DESKBOOK

(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 Committee Act (86 Stat. 770) shall apply to
grazing advisory boards.
(f) Expiration date
The provisions of this section shall expire December 31, 1985.

502

FLPMA §403

(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, and is set out in the Appendix to Title 5, Government Organization and Employees.

FLPMA §501

FEDERAL LAND POLICY AND MANAGEMENT ACT

43 U.S.C. §1761

Subchapter V—Rights-of-Way
§1761.

[FLPMA §501]

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 103(e) of this Act, 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 17 thereof (41 Stat.
1063, 16 U.S.C. 791a-825r).8;
(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 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-of-way
over, upon, under, or through such lands.
(b) Procedures applicable; administration
(1) The Secretary concerned shall require, prior to granting, issuing, or renewing a right-of-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
right-to-way9 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
7.
8.
9.

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 rights-of-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—
(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

So in original. Probably should be part “I”.
So in original. The period preceding the semicolon probably should not appear.
So in original. Probably should be “right-of-way”.

503

43 U.S.C. §1762

ENVIRONMENTAL LAW DESKBOOK

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 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) 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 which is located on lands subject to a reservation under section 24
of the Federal Power Act and which did not receive a permit, right-ofway or other approval under this section prior to enactment of this subsection, 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, 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, §2401, Oct.
24, 1992, 106 Stat. 3096.)
References In Text
The Federal Power Act of 1935 (49 Stat. 847; 16 U.S.C. 791), referred to in subsec. (a), probably means the Federal Power Act, June 20, 1920, ch. 285, 41 Stat.
1063, as amended, which is classified generally to chapter 12 (Sec. 791a et seq.) of
Title 16, Conservation, and which was amended by act Aug. 26, 1935, ch. 687, title
II, Sec. 213, 49 Stat. 847. 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.
Transfer Of Functions
The Federal Power Commission was terminated and its functions, personnel,
property, funds, etc., were transferred to the Secretary of Energy (except for certain
functions which were transferred to the Federal Energy Regulatory Commission) by
sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health
and Welfare.
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, Secs. 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

504

FLPMA §502

Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade.

§1762.

[FLPMA §502]

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 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-ofway 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.)

FLPMA §503

§1763.

FEDERAL LAND POLICY AND MANAGEMENT ACT

[FLPMA §503]

Right-of-way corridors; criteria and procedures applicable
for designation

In order to minimize adverse environmental impacts and the proliferation of separate rights-of-way, the utilization of rights-of-way in
common shall be required to the extent practical, and each right-ofway or permit shall reserve to 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-of-way 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, Secs. 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.

§1764.

[FLPMA §504]

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-of-way 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 necessary
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 rightof-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 right-of-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.

43 U.S.C. §1764

(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-ofway 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-of-way 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 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. The Secretary concerned may, by regulation or
prior to promulgation of such regulations, as a condition of a right-ofway, 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 rightsof-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 financing pursuant to the Rural Electrification Act of
1936, as amended [7 U.S.C.A. §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.
505

43 U.S.C. §1765

ENVIRONMENTAL LAW DESKBOOK

(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 injury 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-of-way 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 right-of-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. 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
(Sec. 901 et seq.) of Title 7, Agriculture. For complete classification of this Act to the
Code, see section 901 of Title 7 and Tables.
Effective Date of 1996 Amendments
Section 1032(b) of title X of Div. I of Pub. L. 104-333 provided that: “The amendment made by subsection (a) [amending subsec. (g) of 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.

[FLPMA §505]

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-ofway 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 rele10.

506

So in original.

FLPMA §505

vant 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.
Transfer Of Functions
See note set out under section 1763 of this title.

§1766.

[FLPMA §506]

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, and10 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-of-way 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 rightof-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.

[FLPMA §507]

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.)
Transfer Of Functions
See note set out under section 1763 of this title.

§1768.

[FLPMA §508]

Conveyance of lands covered by right-of-way; 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

FLPMA §509

FEDERAL LAND POLICY AND MANAGEMENT ACT

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-of-way 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.

[FLPMA §509]

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 right-of-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 right-of-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-of-way, 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.

[FLPMA §510]

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 pursu-

43 U.S.C. §1771

ant 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. 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 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
(Sec. 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.

[FLPMA §511]

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.

507

43 U.S.C. §1781

ENVIRONMENTAL LAW DESKBOOK

FLPMA §601

Subchapter VI—Designated Management Areas
§1781.

[FLPMA §601]

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;
(4) the use of all California desert resources can and should be
provided for in a multiple use and sustained yield management
plant 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, rights-of-way, and mineral development. Such plan shall be completed and implementation thereof initiated on or before September 30, 1980.
(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, long508

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) Annual report; contents
The Secretary shall report to the Congress no later than two years
after October 21, 1976, and annually thereafter, on the progress in, and
any problems concerning, the implementation of this section, together
with any recommendations, which he may deem necessary to remedy
such problems.
(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.
The United States mining laws, referred to in subsec. (f), are classified generally
to Title 30, Mineral Lands and Mining.
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
The Committee on Interior and Insular Affairs of the Senate, referred to in subsec.
(c)(2), was abolished and replaced by the Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of the Standing Rules

FLPMA §603

FEDERAL LAND POLICY AND MANAGEMENT ACT

of the Senate, as amended by Senate Resolution 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. Committee on
Natural Resources of House of Representatives treated as referring to Committee on
Resources of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a
note preceding section 21 of Title 2, The Congress.
Desert Lily Sanctuary
Pub. L. 103-433, title I, Sec. 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, Sec. 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 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.”

§1782.

[FLPMA §603]

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 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

43 U.S.C. §1783

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(a), May 18, 1992,
106 Stat. 171.)
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 Stat. 890, as amended, which is classified generally
to chapter 23 (Sec. 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.
The mining laws, referred to in subsec. (c), are classified generally to Title 30,
Mineral Lands and Mining.
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.
Transfer of Functions
Pub. L. 104-134, title I, §101(c)[title I], Apr. 26, 1996, 110 Stat. 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 [enacting this section] 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 this section. This plan shall be developed in accordance
509

43 U.S.C. §1784

ENVIRONMENTAL LAW DESKBOOK

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 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
510

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 public land laws, referred to in subsec. (c), are classified generally to this title.
The mining laws and the mineral leasing laws, referred to in subsec. (c), are classified generally to Title 30, Mineral Lands and Mining.
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 (Sec. 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 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 (Sec. 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, provided
that:
“(a) Short title.—This section [this note] 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
[Pub. L. 102-458, Oct. 23, 1996, 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 Secre-

FEDERAL LAND POLICY AND MANAGEMENT ACT

tary, 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.) [Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended; for
distribution of which to the Code, see Short Title note set out under section 1601
of this title and Tables];
“(2) ‘ANILCA’ means the Alaska National Interest Lands Conservation Act
(Public Law 96-487; 94 Stat. 2371 et seq.) [Pub. L. 96-487, Dec. 2, 1980, 94 Stat.
2371, as amended; for distribution of which to the Code, see Short Title note set
out under section 3101 of title 16, Conservation, and Tables];
“(3) ‘conservation system unit’ has the same meaning as in section 102(4) of
ANILCA (16 U.S.C. 3102(4)) [section 3102(4) of title 16];
“(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) [Pub. L.
94-204, §12, Jan. 2, 1976, 89 Stat. 1150, as amended, set out as a note under section 1611 of this title].
“(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) [section 255 of title 40, Public Buildings, Property, and Works].
“(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:
“(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 KNApursuant to this Act but excluding the
SW 1/4 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 fa-

43 U.S.C. §1784

cilities, 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 SW 1/4 , 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, 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
whatsoever 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

511

43 U.S.C. §1785

ENVIRONMENTAL LAW DESKBOOK

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 in-lieu subsurface entitlement under section 12(a)(1) of
ANCSA [43 U.S.C. 1611(a)(1)]. Such entitlement 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 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 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.
“(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 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.”

512

§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 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.

FEDERAL LAND POLICY AND MANAGEMENT ACT

(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 Representatives 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

43 U.S.C. §1785

(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.)
References in Text
This Act, referred to in subsecs. (b)(2), (c)(1)(B), and (e)(1), is the San Juan Basin
Wilderness Protection Act of 1984, Pub. L. 98-603, Oct. 30, 1984, 98 Stat. 3155, as
amended. For complete classification of such Act to the Code, see Tables.
The Federal Land Policy and Management Act of 1976, 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 chapter 35 (§1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title
and Tables.
The mining laws and the mineral leasing laws, referred to in subsec. (c)(2)(A), are
classified generally to Title 30, Mineral Lands and Mining.
Geothermal leasing laws, referred to in subsec. (c)(2)(A), are classified principally to chapter 23 (section 1001 et seq.) of title 30, Mineral Lands and Mining.
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 Basis Wilderness Protection Act of
1984, and not as part of the Federal Land Policy and Management Act of 1976 which
comprises this chapter.

513