US (United States) Code. Title 43. Chapter 35: Federal land policy and management

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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-CITE-

43 USC CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

-MISC1-

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1701. Congressional declaration of policy.

1702. Definitions.

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

1711. Continuing inventory and identification of public

lands; preparation and maintenance.

1712. 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.

1713. 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.

1714. 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.

1715. Acquisitions of public lands and access over

non-Federal lands to National Forest System units.

(a) Authorization and limitations on authority of

Secretary of the Interior and Secretary of

Agriculture.

(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.

1716. Exchanges of public lands or interests therein within

the National Forest System.

(a) Authorization and limitations on authority of

Secretary of the Interior and Secretary of

Agriculture.

(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.

1717. Qualifications of conveyees.

1718. Documents of conveyance; terms, covenants, etc.

1719. Mineral interests; reservation and conveyance

requirements and procedures.

1720. Coordination by Secretary of the Interior with State

and local governments.

1721. 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.

1722. 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.

1723. Temporary revocation authority.

(a) Exchange involved.

(b) Requirements.

(c) Limitations.

(d) Termination.

SUBCHAPTER III - ADMINISTRATION

1731. 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.

1732. 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.

1733. 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.

1734. Fees, charges, and commissions.

(a) Authority to establish and modify.

(b) Deposits for payments to reimburse reasonable

costs of United States.

(c) Refunds.

1734a. Availability of excess fees.

1735. 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.

1736. 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.

1736a. Revolving fund derived from disposal of salvage

timber.

1737. 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.

1738. Contracts for surveys and resource protection;

renewals; funding requirements.

1739. Advisory councils.

(a) Establishment; membership; operation.

(b) Meetings.

(c) Travel and per diem payments.

(d) Functions.

(e) Public participation; procedures applicable.

1740. Rules and regulations.

1741. Annual reports.

(a) Purpose; time for submission.

(b) Format.

(c) Contents.

1742. Search, rescue, and protection forces; emergency

situations authorizing hiring.

1743. 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.

1744. 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.

1745. Disclaimer of interest in lands.

(a) Issuance of recordable document; criteria.

(b) Procedures applicable.

(c) Construction as quit-claim deed from United

States.

1746. Correction of conveyance documents.

1747. Loans to States and political subdivisions; purposes;

amounts; allocation; terms and conditions; interest

rate; security; limitations; forebearance for benefit

of borrowers; recordkeeping requirements;

discrimination prohibited; deposit of receipts.

1748. 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.

SUBCHAPTER IV - RANGE MANAGEMENT

1751. Grazing fees; feasibility study; contents; submission

of report; annual distribution and use of range

betterment funds; nature of distributions.

1752. 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.

1753. 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.

SUBCHAPTER V - RIGHTS-OF-WAY

1761. Grant, issue, or renewal of rights-of-way.

(a) Authorized purposes.

(b) Procedures applicable; administration.

(c) Permanent easement for water systems; issuance,

preconditions, etc.

(d) Rights-of-way on certain Federal lands.

1762. 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.

1763. Right-of-way corridors; criteria and procedures

applicable for designation.

1764. 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.

1765. Terms and conditions.

1766. Suspension or termination; grounds; procedures

applicable.

1767. Rights-of-way for Federal departments and agencies.

1768. Conveyance of lands covered by right-of-way; terms and

conditions.

1769. Existing right-of-way or right-of-use unaffected;

exceptions; rights-of-way for railroad and

appurtenant communication facilities; applicability

of existing terms and conditions.

1770. Applicability of provisions to other Federal laws.

(a) Right-of-way.

(b) Highway use.

(c) Application of antitrust laws.

1771. Coordination of applications.

SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

1781. 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) Omitted.

(j) Authorization of appropriations.

1782. 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.

1783. Yaquina Head Outstanding Natural Area.

(a) Establishment.

(b) Administration by Secretary of the Interior;

management plan; quarrying permits.

(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.

1784. Lands in Alaska; designation as wilderness; management

by Bureau of Land Management pending Congressional

action.

1785. Fossil Forest Research Natural Area.

(a) Establishment.

(b) Map and legal description.

(c) Management.

(d) Inventory.

(e) Management plan.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1635, 1783, 1785, 1903,

2301, 2306 of this title; title 10 section 7439; title 16 sections

79b, 410ii-3, 410aaa-77, 410fff-5, 460mm-1, 460mm-2, 460uu-22,

460uu-44, 460uu-45, 460uu-46, 460xx-1, 460ccc-2, 460ddd, 460mmm-4,

460mmm-6, 460nnn-21, 460nnn-51, 460ooo-2, 460ooo-4, 460ppp-3,

460qqq-3, 698v-7, 1248, 3209, 3210; title 23 section 206; title 25

section 713f; title 30 section 28j.

-End-

-CITE-

43 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

43 USC Sec. 1701 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1701. Congressional declaration of policy

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-579, title I, Sec. 102, Oct. 21, 1976, 90 Stat. 2744.)

-REFTEXT-

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.

-MISC1-

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 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. 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, provided that: "In fiscal years 2001 through 2005, the

Secretaries of the Interior and Agriculture may pilot test

agency-wide joint permitting and leasing programs, subject to

annual review of Congress, 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 or the Forest Service."

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)."

-End-

-CITE-

43 USC Sec. 1702 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1702. Definitions

-STATUTE-

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 mechanisms, or such other procedures as may be necessary

to provide public comment in a particular instance.

(e) The term "public lands" means any land and interest in land

owned by the United States within the several States and

administered by the Secretary of the Interior through the Bureau of

Land Management, without regard to how the United States acquired

ownership, except -

(1) lands located on the Outer Continental Shelf; and

(2) lands held for the benefit of Indians, Aleuts, and Eskimos.

(f) The term "right-of-way" includes an easement, lease, permit,

or license to occupy, use, or traverse public lands granted for the

purpose listed in subchapter V of this chapter.

(g) The term "Secretary", unless specifically designated

otherwise, means the Secretary of the Interior.

(h) The term "sustained yield" means the achievement and

maintenance in perpetuity of a high-level annual or regular

periodic output of the various renewable resources of the public

lands consistent with multiple use.

(i) The term "wilderness" as used in section 1782 of this title

shall have the same meaning as it does in section 1131(c) of title

16.

(j) The term "withdrawal" means withholding an area of Federal

land from settlement, sale, location, or entry, under some or all

of the general land laws, for the purpose of limiting activities

under those laws in order to maintain other public values in the

area or reserving the area for a particular public purpose or

program; or transferring jurisdiction over an area of Federal land,

other than "property" governed by the Federal Property and

Administrative Services Act, as amended (40 U.S.C. 472) (!1) from

one department, bureau or agency to another department, bureau or

agency.

(k) An "allotment management plan" means a document prepared in

consultation with the lessees or permittees involved, which applies

to livestock operations on the public lands or on lands within

National Forests in the eleven contiguous Western States and which:

(1) prescribes the manner in, and extent to, which livestock

operations will be conducted in order to meet the multiple-use,

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 "Bureau 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.

-SOURCE-

(Pub. L. 94-579, title I, Sec. 103, Oct. 21, 1976, 90 Stat. 2745.)

-REFTEXT-

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 Property 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. 472(d)), which

provided the definition of "property", was repealed and reenacted

as section 102(9) of Title 40.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1331, 1761, 1783, 1902,

2302 of this title; title 16 sections 410ii-3, 410ii-5, 460ccc,

460ooo, 460ppp-1, 5207; title 30 section 1028.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC SUBCHAPTER II - LAND USE PLANNING AND LAND

ACQUISITION AND DISPOSITION 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-End-

-CITE-

43 USC Sec. 1711 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1711. Continuing inventory and identification of public lands;

preparation and maintenance

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 201, Oct. 21, 1976, 90 Stat. 2747.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1782, 1784, 1901, 1903 of

this title.

-End-

-CITE-

43 USC Sec. 1712 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1712. Land use plans

-STATUTE-

(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 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 disagreed

to) to move to proceed to the consideration of the resolution.

The motion shall be highly privileged and shall not be debatable.

An amendment to the motion shall not be in order, and it shall

not be in order to move to reconsider the vote by which the

motion was agreed to or disagreed to.

(3) Withdrawals made pursuant to section 1714 of this title may

be used in carrying out management decisions, but public lands

shall be removed from or restored to the operation of the Mining

Law of 1872, as amended (R.S. 2318-2352; 30 U.S.C. 21 et seq.) or

transferred to another department, bureau, or agency only by

withdrawal action pursuant to section 1714 of this title or other

action pursuant to applicable law: Provided, That nothing in this

section shall prevent a wholly owned Government corporation from

acquiring and holding rights as a citizen under the Mining Law of

1872.

(f) Procedures applicable to formulation of plans and programs for

public land management

The Secretary shall allow an opportunity for public involvement

and by regulation shall establish procedures, including public

hearings where appropriate, to give Federal, State, and local

governments and the public, adequate notice and opportunity to

comment upon and participate in the formulation of plans and

programs relating to the management of the public lands.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 202, Oct. 21, 1976, 90 Stat. 2747.)

-REFTEXT-

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. 460l-4 et seq.) of subchapter

LXIX of chapter 1 of Title 16, Conservation. For complete

classification of this Act to the Code, see Short Title note set

out under section 460l-4 of Title 16 and Tables.

The Mining Law of 1872, as amended, referred to in subsec.

(e)(3), is act May 10, 1872, ch. 152, 17 Stat. 91, as amended,

which was incorporated into the Revised Statutes of 1878 as R.S.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1713, 1732, 1752, 1781,

1783, 1784, 1901, 1903, 1904, 2304 of this title; title 16 sections

460uu-43, 460iii, 460qqq-4, 1333; title 42 section 6508.

-End-

-CITE-

43 USC Sec. 1713 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1713. Sales of public land tracts

-STATUTE-

(a) Criteria for disposal; excepted lands

A tract of the public lands (except land in units of the National

Wilderness Preservation System, National Wild and Scenic Rivers

Systems, and National System of Trails) may be sold under this Act

where, as a result of land use planning required under section 1712

of this title, the Secretary determines that the sale of such tract

meets the following disposal criteria:

(1) such tract because of its location or other characteristics

is difficult and uneconomic to manage as part of the public

lands, and is not suitable for management by another Federal

department or agency; or

(2) such tract was acquired for a specific purpose and the

tract is no longer required for that or any other Federal

purpose; or

(3) disposal of such tract will serve important public

objectives, including but not limited to, expansion of

communities and economic development, which cannot be achieved

prudently or feasibly on land other than public land and which

outweigh other public objectives and values, including, but not

limited to, recreation and scenic values, which would be served

by maintaining such tract in Federal ownership.

(b) Conveyance of land of agricultural value and desert in

character

Where the Secretary determines that land to be conveyed under

clause (3) of subsection (a) of this section is of agricultural

value and is desert in character, such land shall be conveyed

either under the sale authority of this section or in accordance

with other existing law.

(c) Congressional approval procedures applicable to tracts in

excess of two thousand five hundred acres

Where a tract of the public lands in excess of two thousand five

hundred acres has been designated for sale, such sale may be made

only after the end of the ninety days (not counting days on which

the House of Representatives or the Senate has adjourned for more

than three consecutive days) beginning on the day the Secretary has

submitted notice of such designation to the Senate and the House of

Representatives, 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.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 203, Oct. 21, 1976, 90 Stat. 2750.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a) and (g), is Pub. L. 94-579,

Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land

Policy and Management Act of 1976. For complete classification of

this Act to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2304 of this title; title

16 sections 460qqq-4, 1248.

-End-

-CITE-

43 USC Sec. 1714 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1714. Withdrawals of lands

-STATUTE-

(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 -

(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 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 submitted by the heads of the departments or

agencies which administer the lands. The President shall transmit

this report to the President of the Senate and the Speaker of the

House of Representatives, together with his recommendations for

action by the Secretary, or for legislation. The Secretary may act

to terminate withdrawals other than those made by Act of the

Congress in accordance with the recommendations of the President

unless before the end of ninety days (not counting days on which

the Senate and the House of Representatives has adjourned for more

than three consecutive days) beginning on the day the report of the

President has been submitted to the Senate and the House of

Representatives the Congress has adopted a concurrent resolution

indicating otherwise. If the committee to which a resolution has

been referred during the said ninety day period, has not reported

it at the end of thirty calendar days after its referral, it shall

be in order to either discharge the committee from further

consideration of such resolution or to discharge the committee from

consideration of any other resolution with respect to the

Presidential recommendation. A motion to discharge may be made only

by an individual favoring the resolution, shall be highly

privileged (except that it may not be made after the committee has

reported such a resolution), and debate thereon shall be limited to

not more than one hour, to be divided 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.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 204, Oct. 21, 1976, 90 Stat. 2751;

Pub. L. 103-437, Sec. 16(d)(1), Nov. 2, 1994, 108 Stat. 4594.)

-REFTEXT-

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 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. 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.

-MISC1-

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-437, Sec. 16(d)(1)(A),

substituted "Committee on Natural Resources of the House of

Representatives or the Committee on Energy and Natural Resources of

the Senate" for "Committee on Interior and Insular Affairs of

either the House of Representatives or the Senate" and "both of

those Committees" for "the Committees on Interior and Insular

Affairs of the Senate and the House of Representatives".

Subsec. (f). Pub. L. 103-437, Sec. 16(d)(1)(B), substituted

"Committee on Natural Resources of the House of Representatives and

the Committee on Energy and Natural Resources of the Senate" for

"Committees on Interior and Insular Affairs of the House of

Representatives and the Senate".

-CHANGE-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1712, 1723, 1732, 1782 of

this title; title 42 section 7916.

-End-

-CITE-

43 USC Sec. 1715 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1715. Acquisitions of public lands and access over non-Federal

lands to National Forest System units

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 205, Oct. 21, 1976, 90 Stat. 2755;

Pub. L. 99-632, Sec. 5, Nov. 7, 1986, 100 Stat. 3521.)

-REFTEXT-

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.

-MISC1-

AMENDMENTS

1986 - Subsec. (c). Pub. L. 99-632, Sec. 5(1), inserted exception

relating to subsec. (e).

Subsec. (e). Pub. L. 99-632, Sec. 5(2), added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1716, 1748 of this title.

-End-

-CITE-

43 USC Sec. 1716 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1716. Exchanges of public lands or interests therein within

the National Forest System

-STATUTE-

(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 negotiated 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 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

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.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 206, Oct. 21, 1976, 90 Stat. 2756;

Pub. L. 100-409, Secs. 3, 9, Aug. 20, 1988, 102 Stat. 1087, 1092.)

-REFTEXT-

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.

-MISC1-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-409, Sec. 3(b), inserted

"concerned" after "Secretary" in first sentence.

Pub. L. 100-409, Sec. 9, inserted provision relating to waiver of

cash equalization payments.

Subsec. (c). Pub. L. 100-409, Sec. 3(c), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: "Lands

acquired by exchange under this section by the Secretary which are

within the boundaries of the National Forest System may be

transferred to the Secretary of Agriculture and shall then become

National Forest System lands and subject to all the laws, rules,

and regulations applicable to the National Forest System. Lands

acquired by exchange by the Secretary under this section which are

within the boundaries of National Park, Wildlife Refuge, Wild and

Scenic Rivers, Trails, or any other System established by Act of

Congress may be transferred to the appropriate agency head for

administration as part of such System and in accordance with the

laws, rules, and regulations applicable to such System."

Subsecs. (d) to (i). Pub. L. 100-409, Sec. 3(a), added subsecs.

(d) to (i).

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 requested 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1715, 1718, 1719 of this

title; title 16 sections 410aaa-77, 460kk, 460mm-1, 460uu-43,

460ccc-4, 521b, 545b; title 25 section 1776c; title 30 sections

193, 1260.

-End-

-CITE-

43 USC Sec. 1717 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1717. Qualifications of conveyees

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 207, Oct. 21, 1976, 90 Stat. 2757.)

-REFTEXT-

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.

-End-

-CITE-

43 USC Sec. 1718 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1718. Documents of conveyance; terms, covenants, etc.

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 208, Oct. 21, 1976, 90 Stat. 2757.)

-REFTEXT-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1746 of this title.

-End-

-CITE-

43 USC Sec. 1719 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1719. Mineral interests; reservation and conveyance

requirements and procedures

-STATUTE-

(a) All conveyances of title issued by the Secretary, except

those involving land exchanges provided for in section 1716 of this

title, shall reserve to the United States all minerals in the

lands, together with the right to prospect for, mine, and remove

the minerals under applicable law and such regulations as the

Secretary may prescribe, except that if the Secretary makes the

findings specified in subsection (b) of this section, the minerals

may then be conveyed together with the surface to the prospective

surface owner as provided in subsection (b) of this section.

(b)(1) The Secretary, after consultation with the appropriate

department or agency head, may convey mineral interests owned by

the United States where the surface is or will be in non-Federal

ownership, regardless of which Federal entity may have administered

the surface, if he finds (1) that there are no known mineral values

in the land, or (2) that the reservation of the mineral rights in

the United States is interfering with or precluding appropriate

nonmineral development of the land and that such development is a

more beneficial use of the land than mineral development.

(2) Conveyance of mineral interests pursuant to this section

shall be made only to the existing or proposed record owner of the

surface, upon payment of administrative costs and the fair market

value of the interests being conveyed.

(3) Before considering an application for conveyance of mineral

interests pursuant to this section -

(i) the Secretary shall require the deposit by the applicant of

a sum of money which he deems sufficient to cover administrative

costs including, but not limited to, costs of conducting an

exploratory program to determine the character of the mineral

deposits in the land, evaluating the data obtained under the

exploratory program to determine the fair market value of the

mineral interests to be conveyed, and preparing and issuing the

documents of conveyance: Provided, That, if the administrative

costs exceed the deposit, the applicant shall pay the outstanding

amount; and, if the deposit exceeds the administrative costs, the

applicant shall be given a credit for or refund of the excess; or

(ii) the applicant, with the consent of the Secretary, shall

have conducted, and submitted to the Secretary the results of,

such an exploratory program, in accordance with standards

promulgated by the Secretary.

(4) Moneys paid to the Secretary for administrative costs

pursuant to this subsection shall be paid to the agency which

rendered the service and deposited to the appropriation then

current.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 209, Oct. 21, 1976, 90 Stat. 2757.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 299, 2304 of this title;

title 30 section 193.

-End-

-CITE-

43 USC Sec. 1720 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1720. Coordination by Secretary of the Interior with State and

local governments

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 210, Oct. 21, 1976, 90 Stat. 2758.)

-REFTEXT-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1721 of this title.

-End-

-CITE-

43 USC Sec. 1721 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1721. Conveyances of public lands to States, local

governments, etc.

-STATUTE-

(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 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.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 211, Oct. 21, 1976, 90 Stat. 2758.)

-REFTEXT-

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. 1069; 43 U.S.C. 1068), as

amended, referred to in subsec. (g), is act Dec. 22, 1928, ch. 47,

45 Stat. 1069, as amended, which is classified generally to chapter

25A (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.

-COD-

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.

-End-

-CITE-

43 USC Sec. 1722 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1722. Sale of public lands subject to unintentional trespass

-STATUTE-

(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.

-SOURCE-

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

-REFTEXT-

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.

-End-

-CITE-

43 USC Sec. 1723 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER II - LAND USE PLANNING AND LAND ACQUISITION AND

DISPOSITION

-HEAD-

Sec. 1723. Temporary revocation authority

-STATUTE-

(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.

(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 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.

-SOURCE-

(Pub. L. 94-579, title II, Sec. 215, as added Pub. L. 100-409, Sec.

10, Aug. 20, 1988, 102 Stat. 1092; amended Pub. L. 103-437, Sec.

16(d)(2), Nov. 2, 1994, 108 Stat. 4595.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a), (b)(1), and (c)(3), is

Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as

the Federal Land Policy and Management Act of 1976. For complete

classification of this Act to the Code, see Tables.

The National Environmental Policy Act of 1969, referred to in

subsec. (b)(5)(C), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852,

as amended, which is classified generally to chapter 55 (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.

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(5). Pub. L. 103-437 substituted "Natural

Resources" for "Interior and Insular Affairs" before "of the

House".

-CHANGE-

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.

-MISC2-

SAVINGS PROVISION

See note set out under section 1716 of this title.

-End-

-CITE-

43 USC SUBCHAPTER III - ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

SUBCHAPTER III - ADMINISTRATION

-End-

-CITE-

43 USC Sec. 1731 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1731. Bureau of Land Management

-STATUTE-

(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 3 (!1) of chapter 53 of

such title relating to classification and General Schedule pay

rates.

(d) Existing regulations relating to administration of laws

Nothing in this section shall affect any regulation of the

Secretary with respect to the administration of laws administered

by him through the Bureau on October 21, 1976.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 301, Oct. 21, 1976, 90 Stat.

2762.)

-REFTEXT-

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.

-MISC1-

USE OF APPROPRIATED FUNDS FOR PROTECTION OF LANDS AND SURVEYS OF

FEDERAL LANDS IN ALASKA

Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1378, provided

in part: "That appropriations herein [Department of the Interior

and Related Agencies Appropriations Act, 1993] made, in fiscal year

1993 and thereafter, may be expended for surveys of Federal lands

and on a reimbursable basis for surveys of Federal lands and for

protection of lands for the State of Alaska".

-FOOTNOTE-

(!1) So in original. Probably should be subchapter "III".

-End-

-CITE-

43 USC Sec. 1732 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1732. Management of use, occupancy, and development of public

lands

-STATUTE-

(a) Multiple use and sustained yield requirements applicable;

exception

The Secretary shall manage the public lands under principles of

multiple use and sustained yield, in accordance with the land use

plans developed by him under section 1712 of this title when they

are available, except that where a tract of such public land has

been dedicated to specific uses according to any other provisions

of law it shall be managed in accordance with such law.

(b) Easements, permits, etc., for utilization through habitation,

cultivation, and development of small trade or manufacturing

concerns; applicable statutory requirements

In managing the public lands, the Secretary shall, subject to

this Act and other applicable law and under such terms and

conditions as are consistent with such law, regulate, through

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.

(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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 302, Oct. 21, 1976, 90 Stat. 2762;

Pub. L. 100-586, Nov. 3, 1988, 102 Stat. 2980.)

-REFTEXT-

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. 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 such Revised

Statutes sections to the Code, see Tables.

-MISC1-

AMENDMENTS

1988 - Subsec. (d). Pub. L. 100-586 added subsec. (d).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Enforcement functions of Secretary or other official in

Department of the Interior related to compliance with land use

permits for temporary use of public lands and other associated land

uses, issued under sections 1732, 1761, and 1763 to 1771 of this

title, with respect 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.

-MISC2-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460iii.

-End-

-CITE-

43 USC Sec. 1733 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1733. Enforcement authority

-STATUTE-

(a) Regulations for implementation of management, use, and

protection requirements; violations; criminal penalties

The Secretary shall issue regulations necessary to implement the

provisions of this Act with respect to the management, use, and

protection of the public lands, including the property located

thereon. Any person who knowingly and willfully violates any such

regulation which is lawfully issued pursuant to this Act shall be

fined no more than $1,000 or imprisoned no more than twelve months,

or both. Any person charged with a violation of such regulation may

be tried and sentenced by any United States magistrate judge

designated for that purpose by the court by which he was appointed,

in the same manner and subject to the same conditions and

limitations as provided for in section 3401 of title 18.

(b) Civil actions by Attorney General for violations of

regulations; nature of relief; jurisdiction

At the request of the Secretary, the Attorney General may

institute a civil action in any United States district court for an

injunction or other appropriate order to prevent any person from

utilizing public lands in violation of regulations issued by the

Secretary under this Act.

(c) Contracts for enforcement of Federal laws and regulations by

local law enforcement officials; procedure applicable; contract

requirements and implementation

(1) When the Secretary determines that assistance is necessary in

enforcing Federal laws and regulations relating to the public lands

or their resources he shall offer a contract to appropriate local

officials having law enforcement authority within their respective

jurisdictions with the view of achieving maximum feasible reliance

upon local law enforcement officials in enforcing such laws and

regulations. The Secretary shall negotiate on reasonable terms with

such officials who have authority to enter into such contracts to

enforce such Federal laws and regulations. In the performance of

their duties under such contracts such officials and their agents

are authorized to carry firearms; execute and serve any warrant or

other process issued by a court or officer of competent

jurisdiction; make arrests without warrant or process for a

misdemeanor he has reasonable grounds to believe is being committed

in his presence or view, or for a felony if he has reasonable

grounds to believe that the person to be arrested has committed or

is committing such felony; search without warrant or process any

person, place, or conveyance according to any Federal law or rule

of law; and seize without warrant or process any evidentiary item

as provided by Federal law. The Secretary shall provide such law

enforcement training as he deems necessary in order to carry out

the contracted for responsibilities. While exercising the powers

and authorities provided by such contract pursuant to this section,

such law enforcement officials and their agents shall have all the

immunities of Federal law enforcement officials.

(2) The Secretary may authorize Federal personnel or appropriate

local officials to carry out his law enforcement responsibilities

with respect to the public lands and their resources. Such

designated personnel shall receive the training and have the

responsibilities and authority provided for in paragraph (1) of

this subsection.

(d) Cooperation with regulatory and law enforcement officials of

any State or political subdivision in enforcement of laws or

ordinances

In connection with the administration and regulation of the use

and occupancy of the public lands, the Secretary is authorized to

cooperate with the regulatory and law enforcement officials of any

State or political subdivision thereof in the enforcement of the

laws or ordinances of such State or subdivision. Such cooperation

may include reimbursement to a State or its subdivision for

expenditures incurred by it in connection with activities which

assist in the administration and regulation of use and occupancy of

the public lands.

(e) Uniformed desert ranger force in California Desert Conservation

Area; establishment; enforcement of Federal laws and regulations

Nothing in this section shall prevent the Secretary from promptly

establishing a uniformed desert ranger force in the California

Desert Conservation Area established pursuant to section 1781 of

this title for the purpose of enforcing Federal laws and

regulations relating to the public lands and resources managed by

him in such area. The officers and members of such ranger force

shall have the same responsibilities and authority as provided for

in paragraph (1) of subsection (c) of this section.

(f) Applicability of other Federal enforcement provisions

Nothing in this Act shall be construed as reducing or limiting

the enforcement authority vested in the Secretary by any other

statute.

(g) Unlawful activities

The use, occupancy, or development of any portion of the public

lands contrary to any regulation of the Secretary or other

responsible authority, or contrary to any order issued pursuant to

any such regulation, is unlawful and prohibited.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 303, Oct. 21, 1976, 90 Stat. 2763;

Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.

5117.)

-REFTEXT-

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-

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.

-MISC1-

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, 3341-243, provided: "That regulations

pertaining to mining operations on public lands conducted under the

Mining Law of 1872 (30 U.S.C. 22, et seq.) and sections 302, 303,

and 603 of the Federal Land Policy and Management Act of 1976 (43

U.S.C. 1732, 1733, and 1782) shall be modified to include a

requirement for the posting of reclamation bonds by operators for

all operations which involve significant surface disturbance, (a)

at the discretion of the authorized officer for operators who have

a record of compliance with pertinent regulations concerning mining

on public lands, and (b) on a mandatory basis only for operators

with a history of noncompliance with the aforesaid regulations:

Provided further, That surety bonds, third party surety bonds, or

irrevocable letters of credit shall qualify as bond instruments:

Provided further, That evidence of an equivalent bond posted with a

State agency shall be accepted in lieu of a separate bond: Provided

further, That the amount of such bonds shall be sufficient to cover

the costs of reclamation as estimated by the Bureau of Land

Management."

-End-

-CITE-

43 USC Sec. 1734 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1734. Fees, charges, and commissions

-STATUTE-

(a) Authority to establish and modify

Notwithstanding any other provision of law, the Secretary may

establish reasonable filing and service fees and reasonable

charges, and commissions with respect to applications and other

documents relating to the public lands and may change and abolish

such fees, charges, and commissions.

(b) Deposits for payments to reimburse reasonable costs of United

States

The Secretary is authorized to require a deposit of any payments

intended to reimburse the United States for reasonable costs with

respect to applications and other documents relating to such lands.

The moneys received for reasonable costs under this subsection

shall be deposited with the Treasury in a special account and are

hereby authorized to be appropriated and made available until

expended. As used in this section "reasonable costs" include, but

are not limited to, the costs of special studies; environmental

impact statements; monitoring construction, operation, maintenance,

and termination of any authorized facility; or other special

activities. In determining whether costs are reasonable under this

section, the Secretary may take into consideration actual costs

(exclusive of management overhead), the monetary value of the

rights or privileges sought by the applicant, the efficiency to the

government processing involved, that portion of the cost incurred

for the benefit of the general public interest rather than for the

exclusive benefit of the applicant, the public service provided,

and other factors relevant to determining the reasonableness of the

costs.

(c) Refunds

In any case where it shall appear to the satisfaction of the

Secretary that any person has 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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 304, Oct. 21, 1976, 90 Stat.

2765.)

-MISC1-

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1734a, 2005 of this

title; title 16 section 3164.

-End-

-CITE-

43 USC Sec. 1734a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1734a. Availability of excess fees

-STATUTE-

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.

-SOURCE-

(Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept. 30,

1996, 110 Stat. 3009-181, 3009-182.)

-COD-

CODIFICATION

Section was enacted as part of the Department of the Interior and

Related Agencies Appropriations Act, 1997, and not as part of the

Federal Land Policy and Management Act of 1976 which comprises this

chapter.

-End-

-CITE-

43 USC Sec. 1735 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1735. Forfeitures and deposits

-STATUTE-

(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 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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 305, Oct. 21, 1976, 90 Stat.

2765.)

-REFTEXT-

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 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.

-MISC1-

AVAILABILITY OF FUNDS FOR IMPROVEMENT, PROTECTION, OR

REHABILITATION OF DAMAGED PUBLIC LANDS

Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 418, 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 [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

appropriation acts:

Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 925.

Pub. L. 106-113, div. B, Sec. 1000(a)(3) [title I], Nov. 29,

1999, 113 Stat. 1535, 1501A-138.

Pub. L. 105-277, div. A, Sec. 101(e) [title I], Oct. 21, 1998,

112 Stat. 2681-231, 2681-234.

Pub. L. 105-83, title I, Nov. 14, 1997, 111 Stat. 1545.

Pub. L. 104-208, div. A, title I, Sec. 101(d) [title I], Sept.

30, 1996, 110 Stat. 3009-181, 3009-184.

Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,

110 Stat. 1321-156, 1321-158; renumbered title I, Pub. L. 104-140,

Sec. 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, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.

1329-213, 1329-215.

-End-

-CITE-

43 USC Sec. 1736 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1736. Working capital fund

-STATUTE-

(a) Establishment; availability of fund

There is hereby established a working capital fund for the

management of the public lands. This fund shall be available

without fiscal year limitation for expenses necessary for

furnishing, in accordance with the Federal Property and

Administrative Services Act of 1949 (!1) (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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 306, Oct. 21, 1976, 90 Stat.

2766.)

-REFTEXT-

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 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.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 1736a 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1736a. Revolving fund derived from disposal of salvage timber

-STATUTE-

There is hereby established in the Treasury of the United States

a special fund to be derived on and after October 5, 1992, from the

Federal share of moneys received from the disposal of salvage

timber prepared for sale from the lands under the jurisdiction of

the Bureau of Land Management, Department of the Interior. The

money in this fund shall be immediately available to the Bureau of

Land Management without further appropriation, for the purposes of

planning and preparing salvage timber for disposal, the

administration of salvage timber sales, and subsequent site

preparation and reforestation.

-SOURCE-

(Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1376.)

-COD-

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.

-MISC1-

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."

-End-

-CITE-

43 USC Sec. 1737 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1737. Implementation provisions

-STATUTE-

(a) Investigations, studies, and experiments

The Secretary may conduct investigations, studies, and

experiments, on his own initiative or in cooperation with others,

involving the management, protection, development, acquisition, and

conveying of the public lands.

(b) Contracts and cooperative agreements

Subject to the provisions of applicable law, the Secretary may

enter into contracts and cooperative agreements involving the

management, protection, development, and sale of public lands.

(c) Contributions and donations of money, services, and property

The Secretary may accept contributions or donations of money,

services, and property, real, personal, or mixed, for the

management, protection, development, acquisition, and conveying of

the public lands, including the acquisition of rights-of-way for

such purposes. He may accept contributions for cadastral surveying

performed on federally controlled or intermingled lands. Moneys

received hereunder shall be credited to a separate account in the

Treasury and are hereby authorized to be appropriated and made

available until expended, as the Secretary may direct, for payment

of expenses incident to the function toward the administration of

which the contributions were made and for refunds to depositors of

amounts contributed by them in specific instances where

contributions are in excess of their share of the cost.

(d) Recruitment of volunteers

The Secretary may recruit, without regard to the civil service

classification laws, rules, or regulations, the services of

individuals contributed without compensation as volunteers for

aiding in or facilitating the activities administered by the

Secretary through the Bureau of Land Management.

(e) Restrictions on activities of volunteers

In accepting such services of individuals as volunteers, the

Secretary -

(1) shall not permit the use of volunteers in hazardous duty or

law enforcement work, or in policymaking processes or to displace

any employee; and

(2) may provide for services or costs incidental to the

utilization of volunteers, including transportation, supplies,

lodging, subsistence, recruiting, training, and supervision.

(f) Federal employment status of volunteers

Volunteers shall not be deemed employees of the United States

except for the purposes of -

(1) the tort claims provisions of title 28;

(2) subchapter 1 (!1) of chapter 81 of title 5; and

(3) claims relating to damage to, or loss of, personal property

of a volunteer incident to volunteer service, in which case the

provisions of section 3721 of title 31 shall apply.

(g) Authorization of appropriations

Effective with fiscal years beginning after September 30, 1984,

there are authorized to be appropriated such sums as may be

necessary to carry out the provisions of subsection (d) of this

section, but not more than $250,000 may be appropriated for any one

fiscal year.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 307, Oct. 21, 1976, 90 Stat. 2766;

Pub. L. 98-540, Sec. 2, Oct. 24, 1984, 98 Stat. 2718; Pub. L.

101-286, title II, Sec. 204(c), May 9, 1990, 104 Stat. 175.)

-REFTEXT-

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.

-MISC1-

AMENDMENTS

1990 - Subsec. (f). Pub. L. 101-286 amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows:

"Volunteers shall not be deemed employees of the United States

except for the purposes of the tort claims provisions of title 28

and subchapter 1 of chapter 81 of title 5, relating to compensation

for work injuries."

1984 - Subsecs. (d) to (g). Pub. L. 98-540 added subsecs. (d) to

(g).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1732 of this title; title

16 sections 460xx-2, 460ddd, 460ooo-5.

-FOOTNOTE-

(!1) So in original. Probably should be subchapter "I".

-End-

-CITE-

43 USC Sec. 1738 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1738. Contracts for surveys and resource protection; renewals;

funding requirements

-STATUTE-

(a) The Secretary is authorized to enter into contracts for the

use of aircraft, and for supplies and services, prior to the

passage of an appropriation therefor, for airborne cadastral survey

and resource protection operations of the Bureau. He may renew such

contracts annually, not more than twice, without additional

competition. Such contracts shall obligate funds for the fiscal

years in which the costs are incurred.

(b) Each such contract shall provide that the obligation of the

United States for the ensuing fiscal years is contingent upon the

passage of an applicable appropriation, and that no payment shall

be made under the contract for the ensuing fiscal years until such

appropriation becomes available for expenditure.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 308, Oct. 21, 1976, 90 Stat.

2767.)

-End-

-CITE-

43 USC Sec. 1739 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1739. Advisory councils

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 309, Oct. 21, 1976, 90 Stat. 2767;

Pub. L. 95-514, Sec. 13, Oct. 25, 1978, 92 Stat. 1808.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (a),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

This Act, referred to in subsec. (e), is Pub. L. 94-579, Oct. 21,

1976, 90 Stat. 2743, as amended, known as the Federal Land Policy

and Management Act of 1976. For complete classification of this Act

to the Code, see Tables.

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-514 substituted in first sentence

"shall establish" for "is authorized to establish".

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1781, 1904 of this title.

-End-

-CITE-

43 USC Sec. 1740 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1740. Rules and regulations

-STATUTE-

The Secretary, with respect to the public lands, shall promulgate

rules and regulations to carry out the purposes of this Act and of

other laws applicable to the public lands, and the Secretary of

Agriculture, with respect to lands within the National Forest

System, shall promulgate rules and regulations to carry out the

purposes of this Act. The promulgation of such rules and

regulations shall be governed by the provisions of chapter 5 of

title 5, without regard to section 553(a)(2). Prior to the

promulgation of such rules and regulations, such lands shall be

administered under existing rules and regulations concerning such

lands to the extent practical.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 310, Oct. 21, 1976, 90 Stat.

2767.)

-REFTEXT-

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.

-End-

-CITE-

43 USC Sec. 1741 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1741. Annual reports

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 311, Oct. 21, 1976, 90 Stat. 2768;

Pub. L. 103-437, Sec. 16(d)(3), Nov. 2, 1994, 108 Stat. 4595.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-437 substituted "Committee on

Natural Resources of the House of Representatives and the Committee

on Energy and Natural Resources of the Senate" for "Committees on

Interior and Insular Affairs of the House and Senate".

-CHANGE-

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.

-MISC2-

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.

-End-

-CITE-

43 USC Sec. 1742 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1742. Search, rescue, and protection forces; emergency

situations authorizing hiring

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 312, Oct. 21, 1976, 90 Stat.

2768.)

-End-

-CITE-

43 USC Sec. 1743 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1743. Disclosure of financial interests by officers or

employees

-STATUTE-

(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.

(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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 313, Oct. 21, 1976, 90 Stat.

2768.)

-REFTEXT-

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.

-MISC1-

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.

-End-

-CITE-

43 USC Sec. 1744 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1744. Recordation of mining claims

-STATUTE-

(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 (!1) a detailed report provided by

section 28-1 of title 30, relating thereto.

(2) File in the office of the Bureau designated by the Secretary

a copy of the official record of the instrument filed or recorded

pursuant to paragraph (1) of this subsection, including a

description of the location of the mining claim sufficient to

locate the claimed lands on the ground.

(b) Additional filing requirements

The owner of an unpatented lode or placer mining claim or mill or

tunnel site located prior to October 21, 1976 shall, within the

three-year period following October 21, 1976, file in the office of

the Bureau designated by the Secretary a copy of the official

record of the notice of location or certificate of location,

including a description of the location of the mining claim or mill

or tunnel site sufficient to locate the claimed lands on the

ground. The owner of an unpatented lode or placer mining claim or

mill or tunnel site located after October 21, 1976 shall, within

ninety days after the date of location of such claim, file in the

office of the Bureau designated by the Secretary a copy of the

official record of the notice of location or certificate of

location, including a description of the location of the mining

claim or mill or tunnel site sufficient to locate the claimed lands

on the ground.

(c) Failure to file as constituting abandonment; defective or

untimely filing

The failure to file such instruments as required by subsections

(a) and (b) of this section shall be deemed conclusively to

constitute an abandonment of the mining claim or mill or tunnel

site by the owner; but it shall not be considered a failure to file

if the instrument is defective or not timely filed for record under

other Federal laws permitting filing or recording thereof, or if

the instrument is filed for record by or on behalf of some but not

all of the owners of the mining claim or mill or tunnel site.

(d) Validity of claims, waiver of assessment, etc., as unaffected

Such recordation or application by itself shall not render valid

any claim which would not be otherwise valid under applicable law.

Nothing in this section shall be construed as a waiver of the

assessment and other requirements of such law.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 314, Oct. 21, 1976, 90 Stat.

2769.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1621, 1732 of this title;

title 30 sections 28f, 28j, 188, 242.

-FOOTNOTE-

(!1) So in original. Probably should be "or".

-End-

-CITE-

43 USC Sec. 1745 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1745. Disclaimer of interest in lands

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 315, Oct. 21, 1976, 90 Stat.

2770.)

-End-

-CITE-

43 USC Sec. 1746 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1746. Correction of conveyance documents

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 316, Oct. 21, 1976, 90 Stat.

2770.)

-End-

-CITE-

43 USC Sec. 1747 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1747. Loans to States and political subdivisions; purposes;

amounts; allocation; terms and conditions; interest rate;

security; limitations; forebearance for benefit of borrowers;

recordkeeping requirements; discrimination prohibited; deposit of

receipts

-STATUTE-

(1) The Secretary is authorized to make loans to States and their

political subdivisions in order to relieve social or economic

impacts occasioned by the development of minerals leased in such

States pursuant to the Act of February 25, 1920, as amended [30

U.S.C. 181 et seq.]. Such loans shall be confined to the uses

specified for the 50 per centum of mineral leasing revenues to be

received by such States and subdivisions pursuant to section 35 of

such Act [30 U.S.C. 191].

(2) The total amount of loans outstanding pursuant to this

section for any State and political subdivisions thereof in any

year shall be not more than the anticipated mineral leasing

revenues to be received by that State pursuant to section 35 of the

Act of February 25, 1920, as amended [30 U.S.C. 191], for the ten

years following.

(3) The Secretary, after consultation with the Governors of the

affected States, shall allocate such loans among the States and

their political subdivisions in a fair and equitable manner, giving

priority to those States and subdivisions suffering the most severe

impacts.

(4) Loans made pursuant to this section shall be subject to such

terms and conditions as the Secretary determines necessary to

assure the achievement of the purpose of this section. The

Secretary shall promulgate such regulations as may be necessary to

carry out the provisions of this section no later than three months

after August 20, 1978.

(5) Loans made pursuant to this section shall bear interest

equivalent to the lowest interest rate paid on an issue of at least

$1,000,000 of tax exempt bonds of such State or any agency thereof

within the preceding calendar year.

(6) Any loan made pursuant to this section shall be secured only

by a pledge of the revenues received by the State or the political

subdivision thereof pursuant to section 35 of the Act of February

25, 1920, as amended [30 U.S.C. 191], and shall not constitute an

obligation upon the general property or taxing authority of such

unit of government.

(7) Notwithstanding any other provision of law, loans made

pursuant to this section may be used for the non-Federal share of

the aggregate cost of any project or program otherwise funded by

the Federal Government which requires a non-Federal share for such

project or program and which provides planning or public facilities

otherwise eligible for assistance under this section.

(8) Nothing in this section shall be construed to preclude any

forebearance (!1) for the benefit of the borrower including loan

restructuring, which may be determined by the Secretary as

justified by the failure of anticipated mineral development or

related revenues to materialize as expected when the loan was made

pursuant to this section.

(9) Recipients of loans made pursuant to this section shall keep

such records as the Secretary 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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 317(c), Oct. 21, 1976, 90 Stat.

2771; Pub. L. 95-352, Sec. 1(f), Aug. 20, 1978, 92 Stat. 515.)

-REFTEXT-

REFERENCES IN TEXT

Act of February 25, 1920, as amended, referred to in par. (1), is

act Feb. 25, 1920, ch. 85, 41 Stat. 437, as amended, known as the

Mineral Leasing Act, which is classified generally to chapter 3A

(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.

-COD-

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.

-MISC1-

AMENDMENTS

1978 - Pars. (1) and (2). Pub. L. 95-352 redesignated par. (1) as

pars. (1) and (2), in par. (1) struck out provisions establishing

interest rate requirements, and in par. (2) struck out exception

for Alaska and requirements for repayment. Former par. (2)

redesignated (3).

Pars. (3) to (11). Pub. L. 95-352 redesignated former pars. (2)

and (3) as (3) and (4), respectively, and added pars. (5) to (11).

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

43 USC Sec. 1748 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III - ADMINISTRATION

-HEAD-

Sec. 1748. Funding requirements

-STATUTE-

(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.

(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.

-SOURCE-

(Pub. L. 94-579, title III, Sec. 318, Oct. 21, 1976, 90 Stat. 2771;

Pub. L. 104-333, div. I, title III, Sec. 310, Nov. 12, 1996, 110

Stat. 4139.)

-REFTEXT-

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.

-COD-

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.

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-333 substituted "October 1, 2002"

for "October 1, 1978".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1904 of this title; title

16 sections 460iii-3, 670o.

-End-

-CITE-

43 USC SUBCHAPTER IV - RANGE MANAGEMENT 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER IV - RANGE MANAGEMENT

-HEAD-

SUBCHAPTER IV - RANGE MANAGEMENT

-End-

-CITE-

43 USC Sec. 1751 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER IV - RANGE MANAGEMENT

-HEAD-

Sec. 1751. Grazing fees; feasibility study; contents; submission of

report; annual distribution and use of range betterment funds;

nature of distributions

-STATUTE-

(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 on-the-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.

-SOURCE-

(Pub. L. 94-579, title IV, Sec. 401(a), (b)(1), (2), Oct. 21, 1976,

90 Stat. 2772; Pub. L. 95-514, Sec. 6(b), Oct. 25, 1978, 92 Stat.

1806.)

-REFTEXT-

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.

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.

-COD-

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.

-MISC1-

AMENDMENTS

1978 - Subsec. (b)(1). Pub. L. 95-514 inserted "or $10,000,000

per annum, whichever is greater" after "50 per centum" and

substituted "sixteen contiguous Western States" for "eleven

contiguous Western States".

MORATORIUM ON INCREASE OF GRAZING FEE FOR 1978 GRAZING YEAR

Pub. L. 95-321, July 21, 1978, 92 Stat. 394, in order to allow

the Congress sufficient time to analyze the report and

recommendations of the Secretaries of Interior and Agriculture

under subsec. (a) of this section and to take appropriate action,

provided that the 1978 grazing year fee was not to be raised by the

Secretary of the Interior for the grazing of livestock on public

lands nor by the Secretary of Agriculture for such grazing on lands

under the jurisdiction of the Forest Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1904 of this title.

-End-

-CITE-

43 USC Sec. 1752 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER IV - RANGE MANAGEMENT

-HEAD-

Sec. 1752. Grazing leases and permits

-STATUTE-

(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 case-by-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 concerned elects to develop an allotment management

plan for a given area, he shall do so in careful and considered

consultation, cooperation and coordination with the lessees,

permittees, and landowners involved, the district grazing advisory

boards established pursuant to section 1753 of this title, and any

State or States having lands within the area to be covered by such

allotment management plan. Allotment management plans shall be

tailored to the specific range condition of the area to be covered

by such plan, and shall be reviewed on a periodic basis to

determine whether they have been effective in improving the range

condition of the lands involved or whether such lands can be better

managed under the provisions of subsection (e) of this section. The

Secretary concerned may revise or terminate such plans or develop

new plans from time to time after such review and careful and

considered consultation, cooperation and coordination with the

parties involved. As used in this subsection, the terms "court

ordered environmental impact statement" and "range condition" shall

be defined as in the "Public Rangelands Improvement Act of 1978 [43

U.S.C. 1901 et seq.]".

(e) Omission of allotment management plan requirements and

incorporation of appropriate terms and conditions; reexamination

of range conditions

In all cases where the Secretary concerned has not completed an

allotment management plan or determines that an allotment

management plan is not necessary for management of livestock

operations and will not be prepared, the Secretary concerned shall

incorporate in grazing permits and leases such terms and conditions

as he deems appropriate for management of the permitted or leased

lands pursuant to applicable law. The Secretary concerned shall

also specify therein the numbers of animals to be grazed and the

seasons of use and that he may reexamine the condition of the range

at any time and, if he finds on reexamination that the condition of

the range requires adjustment in the amount or other aspect of

grazing use, that the permittee or lessee shall adjust his use to

the extent the Secretary concerned deems necessary. Such

readjustment shall be put into full force and effect on the date

specified by the Secretary concerned.

(f) Allotment management plan applicability to non-Federal lands;

appeal rights

Allotment management plans shall not refer to livestock

operations or range improvements on non-Federal lands except where

the non-Federal lands are intermingled with, or, with the consent

of the permittee or lessee involved, associated with, the Federal

lands subject to the plan. The Secretary concerned under

appropriate regulations shall grant to lessees and permittees the

right of appeal from decisions which specify the terms and

conditions of allotment management plans. The preceding sentence of

this subsection shall not be construed as limiting any other right

of appeal from decisions of such officials.

(g) Cancellation of permit or lease; determination of reasonable

compensation; notice

Whenever a permit or lease for grazing domestic livestock is

canceled in whole or in part, in order to devote the lands covered

by the permit or lease to another public purpose, including

disposal, the permittee or lessee shall receive from the United

States a reasonable compensation for the adjusted value, to be

determined by the Secretary concerned, of his interest in

authorized permanent improvements placed or constructed by the

permittee or lessee on lands covered by such permit or lease, but

not to exceed the fair market value of the terminated portion of

the permittee's or lessee's interest therein. Except in cases of

emergency, no permit or lease shall be canceled under this

subsection without two years' prior notification.

(h) Applicability of provisions to rights, etc., in or to public

lands or lands in National Forests

Nothing in this Act shall be construed as modifying in any way

law existing on October 21, 1976, with respect to the creation of

right, title, interest or estate in or to public lands or lands in

National Forests by issuance of grazing permits and leases.

-SOURCE-

(Pub. L. 94-579, title IV, Sec. 402, Oct. 21, 1976, 90 Stat. 2772,

2773; Pub. L. 95-514, Secs. 7, 8, Oct. 25, 1978, 92 Stat. 1807.)

-REFTEXT-

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

classification of this Act to the Code, see Short Title note set

out under section 315 of this title and Tables.

Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a-1181j),

referred to in subsec. (a), is act Aug. 28, 1937, ch. 876, 50 Stat.

874, 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.

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-514, Sec. 7(b), substituted

"sixteen contiguous Western States" for "eleven contiguous Western

States".

Subsec. (b)(3). Pub. L. 95-514, Sec. 7(a), inserted provision

that absence of completed land use plans or court ordered

environmental statements shall not be the sole basis for

establishing a term shorter than ten years unless information

therein would be necessary to determine whether a shorter term

should be established for any of the specified reasons.

Subsec. (d). Pub. L. 95-514, Sec. 8(a), struck out ", with the

exceptions authorized in subsection (e) of this section, on and

after October 1, 1988," after "pursuant to this section" and

inserted provisions prohibiting any requirements for completion of

court ordered environmental impact statements prior to development

and incorporation of allotment plans from being superseded by

subsec. (d), providing for careful and considered consultation,

cooperation, and coordination with certain persons, including

landowners involved, district grazing advisory boards and States

having lands within the covered area and for tailoring allotment

management plans to the specific range condition of the covered

area and periodic review thereof, authorizing the Secretary to

terminate or develop the plans after review and careful and

considered consultation, cooperation, and coordination with the

parties involved, and defining "court ordered environmental impact

statement" and "range condition".

Subsec. (e). Pub. L. 95-514, Sec. 8(b), substituted introductory

word "In" for "Prior to October 1, 1988, or thereafter, in".

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, 1329-216.

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, 3341-245.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460iii-3; title

25 section 640d-26.

-End-

-CITE-

43 USC Sec. 1753 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER IV - RANGE MANAGEMENT

-HEAD-

Sec. 1753. Grazing advisory boards

-STATUTE-

(a) Establishment; maintenance

For each Bureau district office and National Forest headquarters

office in the sixteen contiguous Western States having jurisdiction

over more than five hundred thousand acres of lands subject to

commercial livestock grazing (hereinafter in this section referred

to as "office"), the Secretary and the Secretary of Agriculture,

upon the petition of a simple majority of the livestock lessees and

permittees under the jurisdiction of such office, shall establish

and maintain at least one grazing advisory board of not more than

fifteen advisers.

(b) Functions

The function of grazing advisory boards established pursuant to

this section shall be to offer advice and make recommendations to

the head of the office involved concerning the development of

allotment management plans and the utilization of range-betterment

funds.

(c) Appointment and terms of members

The number of advisers on each board and the number of years an

adviser may serve shall be determined by the Secretary concerned in

his discretion. Each board shall consist of livestock

representatives who shall be lessees or permittees in the area

administered by the office concerned and shall be chosen by the

lessees and permittees in the area through an election prescribed

by the Secretary concerned.

(d) Meetings

Each grazing advisory board shall meet at least once annually.

(e) Federal Advisory Committee Act applicability

Except as may be otherwise provided by this section, the

provisions of the Federal Advisory Committee Act (86 Stat. 770)

shall apply to grazing advisory boards.

(f) Expiration date

The provisions of this section shall expire December 31, 1985.

-SOURCE-

(Pub. L. 94-579, title IV, Sec. 403, Oct. 21, 1976, 90 Stat. 2775;

Pub. L. 95-514, Sec. 10, Oct. 25, 1978, 92 Stat. 1808.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (e),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

1978 - Subsec. (a). Pub. L. 95-514 substituted "sixteen

contiguous Western States" for "eleven contiguous Western States".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1752, 1904 of this title.

-End-

-CITE-

43 USC SUBCHAPTER V - RIGHTS-OF-WAY 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

SUBCHAPTER V - RIGHTS-OF-WAY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1702 of this title;

title 16 section 3166; title 30 section 201; title 42 section 6502.

-End-

-CITE-

43 USC Sec. 1761 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

Sec. 1761. Grant, issue, or renewal of rights-of-way

-STATUTE-

(a) Authorized purposes

The Secretary, with respect to the public lands (including public

lands, as defined in section 1702(e) of this title, which are

reserved from entry pursuant to section 24 of the Federal Power Act

(16 U.S.C. 818)) and, the Secretary of Agriculture, with respect to

lands within the National Forest System (except in each case land

designated as wilderness), are authorized to grant, issue, or renew

rights-of-way over, upon, under, or through such lands for -

(1) reservoirs, canals, ditches, flumes, laterals, pipes,

pipelines, tunnels, and other facilities and systems for the

impoundment, storage, transportation, or distribution of water;

(2) pipelines and other systems for the transportation or

distribution of liquids and gases, other than water and other

than oil, natural gas, synthetic liquid or gaseous fuels, or any

refined product produced therefrom, and for storage and terminal

facilities in connection therewith;

(3) pipelines, slurry and emulsion systems, and conveyor belts

for transportation and distribution of solid materials, and

facilities for the storage of such materials in connection

therewith;

(4) systems for generation, transmission, and distribution of

electric energy, except that the applicant shall also comply with

all applicable requirements of the Federal Energy Regulatory

Commission under the Federal Power Act, including part 1 (!1)

thereof (41 Stat. 1063, 16 U.S.C. 791a-825r).; (!2)

(5) systems for transmission or reception of radio, television,

telephone, telegraph, and other electronic signals, and other

means of communication;

(6) roads, trails, highways, railroads, canals, tunnels,

tramways, airways, livestock driveways, or other means of

transportation except where such facilities are constructed and

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-way (!3) pursuant to this subchapter, shall

require the applicant to disclose the identity of the participants

in the entity, when he deems it necessary to a determination, in

accordance with the provisions of this subchapter, as to whether a

right-of-way shall be granted, issued, or renewed and the terms and

conditions which should be included in the right-of-way. Such

disclosures shall include, where applicable: (A) the name and

address of each partner; (B) the name and address of each

shareholder owning 3 per centum or more of the shares, together

with the number and percentage of any class of voting shares of the

entity which such shareholder is authorized to vote; and (C) the

name and address of each affiliate of the entity together with, in

the case of an affiliate controlled by the entity, the number of

shares and the percentage of any class of voting stock of that

affiliate owned, directly or indirectly, by that entity, and, in

the case of an affiliate which controls that entity, the number of

shares and the percentage of any class of voting stock of that

entity owned, directly or indirectly, by the affiliate.

(3) The Secretary of Agriculture shall have the authority to

administer all rights-of-way granted or issued under authority of

previous Acts with respect to lands under the jurisdiction of the

Secretary of Agriculture, including 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 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) Rights-of-way on certain Federal lands

With respect to any project or portion thereof that was licensed

pursuant to, or granted an exemption from, part I of the Federal

Power Act [16 U.S.C. 791a et seq.] which is located on lands

subject to a reservation under section 24 of the Federal Power Act

[16 U.S.C. 818] and which did not receive a permit, right-of-way or

other approval under this section prior to October 24, 1992, no

such permit, right-of-way, or other approval shall be required for

continued operation, including continued operation pursuant to

section 15 of the Federal Power Act [16 U.S.C. 808], of such

project unless the Commission determines that such project involves

the use of any additional public lands or National Forest lands not

subject to such reservation.

-SOURCE-

(Pub. L. 94-579, title V, Sec. 501, Oct. 21, 1976, 90 Stat. 2776;

Pub. L. 99-545, Sec. 1(b), (c), Oct. 27, 1986, 100 Stat. 3047,

3048; Pub. L. 102-486, title XXIV, Sec. 2401, Oct. 24, 1992, 106

Stat. 3096.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Power Act, referred to in subsecs. (a)(4) and (d), is

act June 20, 1920, ch. 285, 41 Stat. 1063, as amended, which is

classified generally to chapter 12 (Sec. 791a et seq.) of Title 16,

Conservation. Part I of the Act is classified generally to

subchapter I (Sec. 791a et seq.) of chapter 12 of Title 16. For

complete classification of this Act to the Code, see section 791a

of Title 16 and Tables.

This Act, referred to in subsecs. (b)(1) and (c)(3)(C), is Pub.

L. 94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as the

Federal Land Policy and Management Act of 1976. For complete

classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-486, Sec. 2401(1), inserted

"(including public lands, as defined in section 1702(e) of this

title, which are reserved from entry pursuant to section 24 of the

Federal Power Act (16 U.S.C. 818))".

Subsec. (a)(4). Pub. L. 102-486, Sec. 2401(2), substituted

"Federal Energy Regulatory Commission under the Federal Power Act,

including part 1 thereof (41 Stat. 1063, 16 U.S.C. 791a-825r)." for

"Federal Power Commission under the Federal Power Act of 1935 (49

Stat. 847; 16 U.S.C. 791)". The substitution was made to reflect

the probable intent of Congress, in the absence of closing

quotations designating the provisions to be struck out.

Subsec. (d). Pub. L. 102-486, Sec. 2401(3), added subsec. (d).

1986 - Subsec. (b)(3). Pub. L. 99-545, Sec. 1(c), added par. (3).

Subsec. (c). Pub. L. 99-545, Sec. 1(b), added subsec. (c).

-TRANS-

TRANSFER OF FUNCTIONS

Federal Power Commission terminated and functions, personnel,

property, funds, etc., transferred to Secretary of Energy (except

for certain functions transferred to 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 Abolition of Office of Federal

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1764, 1770 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be part "I".

(!2) So in original. The period preceding the semicolon probably

should not appear.

(!3) So in original. Probably should be "right-of-way".

-End-

-CITE-

43 USC Sec. 1762 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

Sec. 1762. Roads

-STATUTE-

(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-of-way or easement for a road or an existing road or the

right to use an existing road provides for delayed payments to the

Government's grantor, any fees or other collections received by the

Secretary for the use of the road may be placed in a fund to be

available for making payments to the grantor.

-SOURCE-

(Pub. L. 94-579, title V, Sec. 502, Oct. 21, 1976, 90 Stat. 2777.)

-End-

-CITE-

43 USC Sec. 1763 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

Sec. 1763. Right-of-way corridors; criteria and procedures

applicable for designation

-STATUTE-

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-of-way 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.

-SOURCE-

(Pub. L. 94-579, title V, Sec. 503, Oct. 21, 1976, 90 Stat. 2778.)

-REFTEXT-

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.

-TRANS-

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.

-End-

-CITE-

43 USC Sec. 1764 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

Sec. 1764. General requirements

-STATUTE-

(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 right-of-way the Secretary concerned shall, among

other things, take into consideration the cost of the facility, its

useful life, and any public purpose it serves. The 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.

(d) Submission of plan of construction, operation, and

rehabilitation by new project applicants; plan requirements

The Secretary concerned prior to granting or issuing a

right-of-way pursuant to this subchapter for a new project which

may have a significant impact on the environment, shall require the

applicant to submit a plan of construction, operation, and

rehabilitation for such right-of-way which shall comply with

stipulations or with regulations issued by that Secretary,

including the terms and conditions required under section 1765 of

this title.

(e) Regulatory requirements for terms and conditions; revision and

applicability of regulations

The Secretary concerned shall issue regulations with respect to

the terms and conditions that will be included in rights-of-way

pursuant to section 1765 of this title. Such regulations shall be

regularly revised as needed. Such regulations shall be applicable

to every right-of-way granted or issued pursuant to this subchapter

and to any subsequent renewal thereof, and may be applicable to

rights-of-way not granted or issued, but renewed pursuant to this

subchapter.

(f) Removal or use of mineral and vegetative materials

Mineral and vegetative materials, including timber, within or

without a right-of-way, may be used or disposed of in connection

with construction or other purposes only if authorization to remove

or use such materials has been obtained pursuant to applicable laws

or for emergency repair work necessary for those rights-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-of-way, require an applicant for or holder

of a right-of-way to reimburse the United States for all reasonable

administrative and other costs incurred in processing an

application for such right-of-way and in inspection and monitoring

of construction, operation, and termination of the facility

pursuant to such right-of-way: Provided, however, That the

Secretary concerned need not secure reimbursement in any situation

where there is in existence a cooperative cost share right-of-way

program between the United States and the holder of a right-of-way.

Rights-of-way may be granted, issued, or renewed to a Federal,

State, or local government or any agency or instrumentality

thereof, to nonprofit associations or nonprofit corporations which

are not themselves controlled or owned by profitmaking corporations

or business enterprises, or to a holder where he provides without

or at reduced charges a valuable benefit to the public or to the

programs of the Secretary concerned, or to a holder in connection

with the authorized use or occupancy of Federal land for which the

United States is already receiving compensation for such lesser

charge, including free use as the Secretary concerned finds

equitable and in the public interest. Such rights-of-way issued at

less than fair market value are not assignable except with the

approval of the Secretary issuing the right-of-way. The moneys

received for reimbursement of reasonable costs shall be deposited

with the Treasury in a special account and are hereby authorized to

be appropriated and made available until expended. Rights-of-way

shall be granted, issued, or renewed, without rental fees, for

electric or telephone facilities eligible for financing pursuant to

the Rural Electrification Act of 1936, as amended [7 U.S.C. 901 et

seq.], determined without regard to any application requirement

under that Act, or any extensions from such facilities: Provided,

That nothing in this sentence shall be construed to affect the

authority of the Secretary granting, issuing, or renewing the

right-of-way to require reimbursement of reasonable administrative

and other costs pursuant to the second sentence of this subsection.

(h) Liability for damage or injury incurred by United States for

use and occupancy of rights-of-way; indemnification of United

States; no-fault liability; amount of damages

(1) The Secretary concerned shall promulgate regulations

specifying the extent to which holders of rights-of-way under this

subchapter shall be liable to the United States for damage or

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.

-SOURCE-

(Pub. L. 94-579, title V, Sec. 504, Oct. 21, 1976, 90 Stat. 2778;

Pub. L. 98-300, May 25, 1984, 98 Stat. 215; Pub. L. 99-545, Sec. 2,

Oct. 27, 1986, 100 Stat. 3048; Pub. L. 104-333, div. I, title X,

Sec. 1032(a), Nov. 12, 1996, 110 Stat. 4239.)

-REFTEXT-

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.

-MISC1-

AMENDMENTS

1996 - Subsec. (g). Pub. L. 104-333 substituted "eligible for

financing pursuant to the Rural Electrification Act of 1936, as

amended, determined without regard to any application requirement

under that Act," for "financed pursuant to the Rural

Electrification Act of 1936, as amended,".

1986 - Subsec. (f). Pub. L. 99-545, Sec. 2(1), inserted before

the period at end "or for emergency repair work necessary for those

rights-of-way authorized under section 1761(c) of this title".

Subsec. (g). Pub. L. 99-545, Sec. 2(2), substituted "The holder

of a right-of-way shall pay in advance the fair market value

thereof, as determined by the Secretary granting, issuing, or

renewing such right-of-way. The Secretary concerned may require

either annual payment or a payment covering more than one year at a

time except that private individuals may make at their option

either annual payments or payments covering more than one year if

the annual fee is greater than one hundred dollars. The Secretary

concerned may waive rentals where a right-of-way is granted, issued

or renewed in consideration of a right-of-way conveyed to the

United States in connection with a cooperative cost share program

between the United States and the holder." for "The holder of a

right-of-way shall pay annually in advance the fair market value

thereof as determined by the Secretary granting, issuing, or

renewing such right-of-way: Provided, That when the annual rental

is less than $100, the Secretary concerned may require advance

payment for more than one year at a time: Provided further, That

the Secretary concerned may waive rentals where a right-of-way is

granted, issued, or renewed in reciprocation for a right-of-way

conveyed to the United States in connection with a cooperative cost

share program between the United States and the holder."

1984 - Subsec. (g). Pub. L. 98-300 inserted at end "Rights-of-way

shall be granted, issued, or renewed, without rental fees, for

electric or telephone facilities financed pursuant to the Rural

Electrification Act of 1936, as amended, or any extensions from

such facilities: Provided, That nothing in this sentence shall be

construed to affect the authority of the Secretary granting,

issuing, or renewing the right-of-way to require reimbursement of

reasonable administrative and other costs pursuant to the second

sentence of this subsection."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1032(b) of Pub. L. 104-333 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to rights-of-way leases held on or after the date of

enactment of this Act [Nov. 12, 1996]."

-TRANS-

TRANSFER OF FUNCTIONS

See note set out under section 1763 of this title.

-End-

-CITE-

43 USC Sec. 1765 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

Sec. 1765. Terms and conditions

-STATUTE-

Each right-of-way shall contain -

(a) terms and conditions which will (i) carry out the purposes

of this Act and rules and regulations issued thereunder; (ii)

minimize damage to scenic and esthetic values and fish and

wildlife habitat and otherwise protect the environment; (iii)

require compliance with applicable air and water quality

standards established by or pursuant to applicable Federal or

State law; and (iv) require compliance with State standards for

public health and safety, environmental protection, and siting,

construction, operation, and maintenance of or for rights-of-way

for similar purposes if those standards are more stringent than

applicable Federal standards; and

(b) such terms and conditions as the Secretary concerned deems

necessary to (i) protect Federal property and economic interests;

(ii) manage efficiently the lands which are subject to the

right-of-way or adjacent thereto and protect the other lawful

users of the lands adjacent to or traversed by such right-of-way;

(iii) protect lives and property; (iv) protect the interests of

individuals living in the general area traversed by the

right-of-way who rely on the fish, wildlife, and other biotic

resources of the area for subsistence purposes; (v) require

location of the right-of-way along a route that will cause least

damage to the environment, taking into consideration feasibility

and other relevant factors; and (vi) otherwise protect the public

interest in the lands traversed by the right-of-way or adjacent

thereto.

-SOURCE-

(Pub. L. 94-579, title V, Sec. 505, Oct. 21, 1976, 90 Stat. 2780.)

-REFTEXT-

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.

-TRANS-

TRANSFER OF FUNCTIONS

See note set out under section 1763 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1764 of this title.

-End-

-CITE-

43 USC Sec. 1766 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

Sec. 1766. Suspension or termination; grounds; procedures

applicable

-STATUTE-

Abandonment of a right-of-way or noncompliance with any provision

of this subchapter condition of the right-of-way, or applicable

rule or regulation of the Secretary concerned may be grounds for

suspension or termination of the right-of-way if, after due notice

to the holder of the right-of-way and, and (!1) with respect to

easements, an appropriate administrative proceeding pursuant to

section 554 of title 5, the Secretary concerned determines that any

such ground exists and that suspension or termination is justified.

No administrative proceeding shall be required where the

right-of-way by its terms provides that it terminates on the

occurrence of a fixed or agreed-upon condition, event, or time. If

the Secretary concerned determines that an immediate temporary

suspension of activities within a right-of-way for violation of its

terms and conditions is necessary to protect public health or

safety or the environment, he may abate such activities prior to an

administrative proceeding. Prior to commencing any proceeding to

suspend or terminate a right-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 right-of-way for the purpose for which it

was granted, issued, or renewed, for any continuous five-year

period, shall constitute a rebuttable presumption of abandonment of

the right-of-way except that where the failure of the holder to use

the right-of-way for the purpose for which it was granted, issued,

or renewed for any continuous five-year period is due to

circumstances not within the holder's control, the Secretary

concerned is not required to commence proceedings to suspend or

terminate the right-of-way.

-SOURCE-

(Pub. L. 94-579, title V, Sec. 506, Oct. 21, 1976, 90 Stat. 2780.)

-TRANS-

TRANSFER OF FUNCTIONS

See note set out under section 1763 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1761 of this title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

43 USC Sec. 1767 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

Sec. 1767. Rights-of-way for Federal departments and agencies

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-579, title V, Sec. 507, Oct. 21, 1976, 90 Stat. 2781.)

-TRANS-

TRANSFER OF FUNCTIONS

See note set out under section 1763 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1732 of this title.

-End-

-CITE-

43 USC Sec. 1768 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

Sec. 1768. Conveyance of lands covered by right-of-way; terms and

conditions

-STATUTE-

If under applicable law the Secretary concerned decides to

transfer out of Federal ownership any lands covered in whole or in

part by a right-of-way, including a right-of-way granted under the

Act of November 16, 1973 (87 Stat. 576; 30 U.S.C. 185), the lands

may be conveyed subject to the right-of-way; however, if the

Secretary concerned determines that retention of Federal control

over the right-of-way is necessary to assure that the purposes of

this subchapter will be carried out, the terms and conditions of

the right-of-way complied with, or the lands protected, he shall

(a) reserve to the United States that portion of the lands which

lies within the boundaries of the right-of-way, or (b) convey the

lands, including that portion within the boundaries of the

right-of-way, subject to the right-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.

-SOURCE-

(Pub. L. 94-579, title V, Sec. 508, Oct. 21, 1976, 90 Stat. 2781.)

-REFTEXT-

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.

-TRANS-

TRANSFER OF FUNCTIONS

See note set out under section 1763 of this title.

-End-

-CITE-

43 USC Sec. 1769 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

Sec. 1769. Existing right-of-way or right-of-use unaffected;

exceptions; rights-of-way for railroad and appurtenant

communication facilities; applicability of existing terms and

conditions

-STATUTE-

(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.

-SOURCE-

(Pub. L. 94-579, title V, Sec. 509, Oct. 21, 1976, 90 Stat. 2781.)

-TRANS-

TRANSFER OF FUNCTIONS

See note set out under section 1763 of this title.

-End-

-CITE-

43 USC Sec. 1770 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

Sec. 1770. Applicability of provisions to other Federal laws

-STATUTE-

(a) Right-of-way

Effective on and after October 21, 1976, no right-of-way for the

purposes listed in this subchapter shall be granted, issued, or

renewed over, upon, under, or through such lands except under and

subject to the provisions, limitations, and conditions of this

subchapter: Provided, That nothing in this subchapter shall be

construed as affecting or modifying the provisions of sections 532

to 538 of title 16 and in the event of conflict with, or

inconsistency between, this subchapter and sections 532 to 538 of

title 16, the latter shall prevail: Provided further, That nothing

in this Act should be construed as making it mandatory that, with

respect to forest roads, the Secretary of Agriculture limit

rights-of-way grants or their term of years or require disclosure

pursuant to section 1761(b) of this title or impose any other

condition contemplated by this Act that is contrary to present

practices of that Secretary under sections 532 to 538 of title 16.

Any pending application for a right-of-way under any other law on

the effective date of this section shall be considered as an

application under this subchapter. The Secretary concerned may

require the applicant to submit any additional information he deems

necessary to comply with the requirements of this subchapter.

(b) Highway use

Nothing in this subchapter shall be construed to preclude the use

of lands covered by this subchapter for highway purposes pursuant

to sections 107 and 317 of title 23.

(c) Application of antitrust laws

(1) Nothing in this subchapter shall be construed as exempting

any holder of a right-of-way issued under this subchapter from any

provision of the antitrust laws of the United States.

(2) For the purposes of this subsection, the term "antitrust

laws" includes the Act of July 2, 1890 (26 Stat. 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].

-SOURCE-

(Pub. L. 94-579, title V, Sec. 510, Oct. 21, 1976, 90 Stat. 2782.)

-REFTEXT-

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, 20, 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.

-TRANS-

TRANSFER OF FUNCTIONS

See note set out under section 1763 of this title.

-End-

-CITE-

43 USC Sec. 1771 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-

Sec. 1771. Coordination of applications

-STATUTE-

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.

-SOURCE-

(Pub. L. 94-579, title V, Sec. 511, Oct. 21, 1976, 90 Stat. 2782.)

-TRANS-

TRANSFER OF FUNCTIONS

See note set out under section 1763 of this title.

-End-

-CITE-

43 USC SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-

SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-End-

-CITE-

43 USC Sec. 1781 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-

Sec. 1781. California Desert Conservation Area

-STATUTE-

(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,

long-range plan, the Secretary shall execute an interim program to

manage, use, and protect the public lands, and their resources now

in danger of destruction, in the California Desert Conservation

Area, to provide for the public use of such lands in an orderly and

reasonable manner such as through the development of campgrounds

and visitor centers, and to provide for a uniformed desert ranger

force.

(f) Applicability of mining laws

Subject to valid existing rights, nothing in this Act shall

affect the applicability of the United States mining laws on the

public lands within the California Desert Conservation Area, except

that all mining claims located on public lands within the

California Desert Conservation Area shall be subject to such

reasonable regulations as the Secretary may prescribe to effectuate

the purposes of this section. Any patent issued on any such mining

claim shall recite this limitation and continue to be subject to

such regulations. Such regulations shall provide for such measures

as may be reasonable to protect the scenic, scientific, and

environmental values of the public lands of the California Desert

Conservation Area against undue impairment, and to assure against

pollution of the streams and waters within the California Desert

Conservation Area.

(g) Advisory Committee; establishment; functions

(1) The Secretary, within sixty days after October 21, 1976,

shall establish a California Desert Conservation Area Advisory

Committee (hereinafter referred to as "advisory committee") in

accordance with the provisions of section 1739 of this title.

(2) It shall be the function of the advisory committee to advise

the Secretary with respect to the preparation and implementation of

the comprehensive, long-range plan required under subsection (d) of

this section.

(h) Management of lands under jurisdiction of Secretary of

Agriculture and Secretary of Defense

The Secretary of Agriculture and the Secretary of Defense shall

manage lands within their respective jurisdictions located in or

adjacent to the California Desert Conservation Area, in accordance

with the laws relating to such lands and wherever practicable, in a

manner consonant with the purpose of this section. The Secretary,

the Secretary of Agriculture, and the Secretary of Defense are

authorized and directed to consult among themselves and take

cooperative actions to carry out the provisions of this subsection,

including a program of law enforcement in accordance with

applicable authorities to protect the archeological and other

values of the California Desert Conservation Area and adjacent

lands.

(i) Omitted

(j) Authorization of appropriations

There are authorized to be appropriated for fiscal years 1977

through 1981 not to exceed $40,000,000 for the purpose of this

section, such amount to remain available until expended.

-SOURCE-

(Pub. L. 94-579, title VI, Sec. 601, Oct. 21, 1976, 90 Stat. 2782.)

-REFTEXT-

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.

-COD-

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-

CHANGE OF NAME

Committee on Interior and Insular Affairs of the Senate, referred

to in subsec. (c)(2), abolished and replaced by Committee on Energy

and Natural Resources of the Senate, effective Feb. 11, 1977. See

Rule XXV of Standing Rules of the Senate, as amended by Senate

Resolution No. 4 (popularly cited as the "Committee System

Reorganization Amendments of 1977"), approved Feb. 4, 1977.

Committee on Interior and Insular Affairs of the House of

Representatives changed to Committee on Natural Resources of the

House of Representatives on Jan. 5, 1993, by House Resolution No.

5, One Hundred Third Congress. 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.

-MISC1-

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1732, 1733 of this title.

-End-

-CITE-

43 USC Sec. 1782 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-

Sec. 1782. Bureau of Land Management Wilderness Study

-STATUTE-

(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 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.

-SOURCE-

(Pub. L. 94-579, title VI, Sec. 603, Oct. 21, 1976, 90 Stat. 2785;

Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000; Pub. L.

102-285, Sec. 10(b), May 18, 1992, 106 Stat. 172.)

-REFTEXT-

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-

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.

-TRANS-

TRANSFER OF FUNCTIONS

Pub. L. 104-134, title I, Sec. 101(c) [title I], Apr. 26, 1996,

110 Stat. 1321-156, 1321-165; renumbered title I, Pub. L. 104-140,

Sec. 1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That the

authority granted to the United States Bureau of Mines to conduct

mineral surveys and to determine mineral values by section 603 of

Public Law 94-579 [43 U.S.C. 1782] is hereby transferred to, and

vested in, the Director of the United States Geological Survey."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1702, 1732, 1784 of this

title; title 16 sections 410fff-6, 460ccc-3, 460iii-5, 460nnn-22,

460nnn-64, 460nnn-92, 460ppp-6; title 25 section 640d-26; title 42

section 6508.

-End-

-CITE-

43 USC Sec. 1783 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-

Sec. 1783. Yaquina Head Outstanding Natural Area

-STATUTE-

(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 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 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.

-SOURCE-

(Pub. L. 96-199, title I, Sec. 119, Mar. 5, 1980, 94 Stat. 71.)

-REFTEXT-

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.

-COD-

CODIFICATION

Section was not enacted as part of the Federal Land Policy and

Management Act of 1976 which comprises this chapter.

-End-

-CITE-

43 USC Sec. 1784 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-

Sec. 1784. Lands in Alaska; designation as wilderness; management

by Bureau of Land Management pending Congressional action

-STATUTE-

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.

-SOURCE-

(Pub. L. 96-487, title XIII, Sec. 1320, Dec. 2, 1980, 94 Stat.

2487.)

-REFTEXT-

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.

-COD-

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.

-MISC1-

KENAI NATIVES ASSOCIATION LAND EXCHANGE

Pub. L. 104-333, div. I, title III, Sec. 311, Nov. 12, 1996, 110

Stat. 4139, as amended by Pub. L. 106-176, title I, Sec. 105, Mar.

10, 2000, 114 Stat. 25, provided that:

"(a) Short Title. - This section may be cited as the 'Kenai

Natives Association Equity Act Amendments of 1996'.

"(b) Findings and Purpose. -

"(1) Findings. - The Congress finds the following:

"(A) The United States Fish and Wildlife Service and Kenai

Natives Association, Inc., have agreed to transfers of certain

land rights, in and near the Kenai National Wildlife Refuge,

negotiated as directed by Public Law 102-458 [106 Stat. 2267].

"(B) The lands to be acquired by the Service are within the

area impacted by the Exxon Valdez oil spill of 1989, and these

lands included important habitat for various species of fish

and wildlife for which significant injury resulting from the

spill has been documented through the EVOS Trustee Council

restoration process. This analysis has indicated that these

lands generally have value for the restoration of such injured

natural resources as pink salmon, dolly varden, bald eagles,

river otters, and cultural and archaeological resources. This

analysis has also indicated that these lands generally have

high value for the restoration of injured species that rely on

these natural resources, including wilderness quality,

recreation, tourism, and subsistence.

"(C) Restoration of the injured species will benefit from

acquisition and the prevention of disturbances which may

adversely affect their recovery.

"(D) It is in the public interest to complete the conveyances

provided for in this section.

"(2) Purpose. - The purpose of this section is to authorize and

direct the Secretary, at the election of KNA, to complete the

conveyances provided for in this section.

"(c) Definitions. - For purposes of this section, the term -

"(1) 'ANCSA' means the Alaska Native Claims Settlement Act of

1971 (43 U.S.C. 1601 et seq.);

"(2) 'ANILCA' means the Alaska National Interest Lands

Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq. [see

Short Title note set out under section 3101 of Title 16,

Conservation]);

"(3) 'conservation system unit' has the same meaning as in

section 102(4) of ANILCA (16 U.S.C. 3102(4));

"(4) 'CIRI' means the Cook Inlet Region, Inc., a Native

Regional Corporation incorporated in the State of Alaska pursuant

to the terms of ANCSA;

"(5) 'EVOS' means the Exxon Valdez oil spill;

"(6) 'KNA' means the Kenai Natives Association, Inc., an urban

corporation incorporated in the State of Alaska pursuant to the

terms of ANCSA;

"(7) 'lands' means any lands, waters, or interests therein;

"(8) 'Refuge' means the Kenai National Wildlife Refuge;

"(9) 'Secretary' means the Secretary of the Interior;

"(10) 'Service' means the United States Fish and Wildlife

Service; and

"(11) 'Terms and Conditions' means the Terms and Conditions for

Land Consolidation and Management in the Cook Inlet Area, as

clarified on August 31, 1976, ratified by section 12 of Public

Law 94-204 (43 U.S.C. 1611 note).

"(d) Acquisition of Lands. -

"(1) Offer to kna. -

"(A) In general. - Subject to the availability of the funds

identified in paragraph (2)(C), no later than 90 days after the

date of enactment of this section [Nov. 12, 1996], the

Secretary shall offer to convey to KNA the interests in land

and rights set forth in paragraph (2)(B), subject to valid

existing rights, in return for the conveyance by KNA to the

United States of the interests in land or relinquishment of

ANCSA selections set forth in paragraph (2)(A). Payment for the

lands conveyed to the United States by KNA is contingent upon

KNA's acceptance of the entire conveyance outlined herein.

"(B) Limitation. - The Secretary may not convey any lands or

make payment to KNA under this section unless title to the

lands to be conveyed by KNA under this section has been found

by the United States to be sufficient in accordance with the

provisions of section 355 of the Revised Statutes (40 U.S.C.

255) [now 40 U.S.C. 3111, 3112].

"(2) Acquisition lands. -

"(A) Lands to be conveyed to the united states. - The lands

to be conveyed by KNA to the United States, or the valid

selection rights under ANCSA to be relinquished, all situated

within the boundary of the Refuge, are the following:

"(i) The conveyance of approximately 803 acres located

along and on islands within the Kenai River, known as the

Stephanka Tract.

"(ii) The conveyance of approximately 1,243 acres located

along the Moose River, known as the Moose River Patented

Lands Tract.

"(iii) The relinquishment of KNA's selection known as the

Moose River Selected Tract, containing approximately 753

acres located along the Moose River.

"(iv) The relinquishment of KNA's remaining ANCSA

entitlement of approximately 454 acres.

"(v) The relinquishment of all KNA's remaining

overselections. Upon completion of all relinquishments

outlined above, all KNA's entitlement shall be deemed to be

extinguished and the completion of this acquisition will

satisfy all of KNA's ANCSA entitlement.

"(vi) The conveyance of an access easement providing the

United States and its assigns access across KNA's surface

estate in the SW 1/4 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 KNA pursuant 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 facilities, to have

rights-of-way, and to otherwise develop it subsurface

interests.

"(iii)(I) The nonexclusive right to use sand and gravel

which is reasonably necessary for on-site development without

compensation or permit on those portions of the Swanson River

Road East Tract, comprising approximately 1,738.04 acres;

where the entire subsurface of the land is presently owned by

the United States. The United States shall retain the

ownership of all other sand and gravel located within the

subsurface and KNA shall not sell or dispose of such sand and

gravel.

"(II) The right to excavate within the subsurface estate as

reasonably necessary for structures, utilities,

transportation systems, and other development of the surface

estate.

"(iv) The nonexclusive right to excavate within the

subsurface estate as reasonably necessary for structures,

utilities, transportation systems, and other development of

the surface estate on the 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,

contingent upon the appropriate approvals of the Federal or

State of Alaska EVOS Trustees (or both) necessary for any

expenditure of the EVOS settlement funds.

"(D) National register of historic places. - Upon completion

of the acquisition authorized in paragraph (1), the Secretary

shall, at no cost to KNA, in coordination with KNA, promptly

undertake to nominate the Stephanka Tract to the National

Register of Historic Places, in recognition of the

archaeological artifacts from the original Dena'ina Settlement.

If the Department of the Interior establishes a historical,

cultural, or archaeological interpretive site, KNA shall have

the exclusive right to operate a Dena'ina interpretive site on

the Stephanka Tract under the regulations and policies of the

department. If KNA declines to operate such a site, the

department may do so under its existing authorities. Prior to

the department undertaking any archaeological activities

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 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."

-End-

-CITE-

43 USC Sec. 1785 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS

-HEAD-

Sec. 1785. Fossil Forest Research Natural Area

-STATUTE-

(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.

(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

(D) mitigation and reclamation standards for activities that

disturb the surface to the detriment of scenic and

environmental values.

-SOURCE-

(Pub. L. 98-603, title I, Sec. 103, Oct. 30, 1984, 98 Stat. 3156;

Pub. L. 104-333, div. I, title X, Sec. 1022(e), Nov. 12, 1996, 110

Stat. 4213; Pub. L. 106-176, title I, Sec. 124, Mar. 10, 2000, 114

Stat. 30.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (b)(2) and (c)(1)(B), is Pub.

L. 98-603, Oct. 30, 1984, 98 Stat. 3155, as amended, known as the

San Juan Basin Wilderness Protection Act of 1984. For complete

classification of this Act to the Code, see Tables.

The Federal Land Policy and Management Act of 1976, as amended,

referred to in subsec. (c)(1)(B), is Pub. L. 94-579, Oct. 21, 1976,

90 Stat. 2743, as amended, which is classified principally to this

chapter. For complete classification of this Act to the Code, see

Short Title note set out under section 1701 of this title and

Tables.

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 (Sec. 1001 et seq.) of Title

30.

-COD-

CODIFICATION

November 12, 1996, referred to in subsec. (e)(1), was in the

original "the date of enactment of this Act", which was translated

as meaning the date of enactment of Pub. L. 104-333, which amended

this section generally, to reflect the probable intent of Congress.

Section was enacted as part of the San Juan Basin Wilderness

Protection Act of 1984, and not as part of the Federal Land Policy

and Management Act of 1976 which comprises this chapter.

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(1). Pub. L. 106-176, Sec. 124(1), substituted

"Committee on Resources" for "Committee on Natural Resources".

Subsec. (e)(1). Pub. L. 106-176, Sec. 124(2), which directed

amendment of par. (1) by substituting "this subsection" for "this

Act", was executed by making the substitution following "consistent

with", to reflect the probable intent of Congress.

Pub. L. 106-176, Sec. 124(1), substituted 'Committee on

Resources" for "Committee on Natural Resources".

1996 - Pub. L. 104-333 amended section generally. Prior to

amendment, section read as follows:

"(a) In recognition of its paramount aesthetic, natural,

scientific, educational, and paleontological values, the

approximately two thousand seven hundred and twenty acre area in

the Albuquerque District of the Bureau of Land Management, New

Mexico, known as the 'Fossil Forest', as generally depicted on a

map entitled 'Fossil Forest', dated June 1983, is hereby withdrawn,

subject to valid existing rights, from all forms of appropriation

under the mining laws and from disposition under all laws

pertaining to mineral leasing and geothermal leasing and all

amendments thereto. The Secretary of the Interior shall administer

the area in accordance with the Federal Land Policy and Management

Act and shall take such measures as are necessary to ensure that no

activities are permitted within the area which would significantly

disturb the land surface or impair the area's existing natural,

educational, and scientific research values, including

paleontological study, excavation, and interpretation.

"(b) Within one year of October 30, 1984, the Secretary of the

Interior shall promulgate rules and regulations for the

administration of the Fossil Forest area referred to in subsection

(a) of this section in accordance with the provisions of this Act

and shall file a copy of such rules and regulations with the

Committee on Interior and Insular Affairs of the United States

House of Representatives and the Committee on Energy and Natural

Resources of the United States Senate.

"(c) The Bureau of Land Management is hereby directed to conduct

a long-range study of the Fossil Forest to determine how best to

manage the area's resource values identified in subsection (a) of

this section. Within eight years of October 30, 1984, the Secretary

shall forward the study results and management plan for the area to

Congress. During the study period and until Congress determines

otherwise, the Fossil Forest area shall be managed under the

provisions of this Act."

-End-