-CITE-
    43 USC CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT      01/03/2007

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT

-HEAD-
              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.                                       
    1713.       Sales of public land tracts.                          
    1714.       Withdrawals of lands.                                 
    1715.       Acquisitions of public lands and access over
                 non-Federal lands to National Forest System units.   
    1716.       Exchanges of public lands or interests therein within
                 the National Forest System.                          
    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.                                    
    1722.       Sale of public lands subject to unintentional
                 trespass.                                            
    1723.       Temporary revocation authority.                       

                      SUBCHAPTER III - ADMINISTRATION                  
    1731.       Bureau of Land Management.                            
    1732.       Management of use, occupancy, and development of
                 public lands.                                        
    1733.       Enforcement authority.                                
    1734.       Fees, charges, and commissions.                       
    1734a.      Availability of excess fees.                          
    1735.       Forfeitures and deposits.                             
    1736.       Working capital fund.                                 
    1736a.      Revolving fund derived from disposal of salvage
                 timber.                                              
    1737.       Implementation provisions.                            
    1738.       Contracts for surveys and resource protection;
                 renewals; funding requirements.                      
    1739.       Advisory councils.                                    
    1740.       Rules and regulations.                                
    1741.       Annual reports.                                       
    1742.       Search, rescue, and protection forces; emergency
                 situations authorizing hiring.                       
    1743.       Disclosure of financial interests by officers or
                 employees.                                           
    1744.       Recordation of mining claims.                         
    1745.       Disclaimer of interest in lands.                      
    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.                                 

                     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.                           
    1753.       Grazing advisory boards.                              

                       SUBCHAPTER V - RIGHTS-OF-WAY                   
    1761.       Grant, issue, or renewal of rights-of-way.            
    1762.       Roads.                                                
    1763.       Right-of-way corridors; criteria and procedures
                 applicable for designation.                          
    1764.       General requirements.                                 
    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.    
    1771.       Coordination of applications.                         

                SUBCHAPTER VI - DESIGNATED MANAGEMENT AREAS            
    1781.       California Desert Conservation Area.                  
    1782.       Bureau of Land Management Wilderness Study.           
    1783.       Yaquina Head Outstanding Natural Area.                
    1784.       Lands in Alaska; designation as wilderness; management
                 by Bureau of Land Management pending Congressional
                 action.                                              
    1785.       Fossil Forest Research Natural Area.                  

-End-


-CITE-
    43 USC SUBCHAPTER I - GENERAL PROVISIONS                    01/03/2007

-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                                            01/03/2007

-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."

     COOPERATIVE ACTION AND SHARING OF RESOURCES BY SECRETARIES OF THE
                         INTERIOR AND AGRICULTURE
      Pub. L. 106-291, title III, Sec. 330, Oct. 11, 2000, 114 Stat.
    996, as amended by Pub. L. 109-54, title IV, Sec. 428, Aug. 2,
    2005, 119 Stat. 555, provided that: "In fiscal years 2001 through
    2008, the Secretaries of the Interior and Agriculture, subject to
    annual review of Congress, may establish pilot programs involving
    the land management agencies referred to in this section to conduct
    projects, planning, permitting, leasing, contracting and other
    activities, either jointly or on behalf of one another; may co-
    locate in Federal offices and facilities leased by an agency of
    either Department; and [may] promulgate special rules as needed to
    test the feasibility of issuing unified permits, applications, and
    leases. The Secretaries of the Interior and Agriculture may make
    reciprocal delegations of their respective authorities, duties and
    responsibilities in support of the 'Service First' initiative
    agency-wide to promote customer service and efficiency. Nothing
    herein shall alter, expand or limit the applicability of any public
    law or regulation to lands administered by the Bureau of Land
    Management, National Park Service, Fish and Wildlife Service, or
    the Forest Service. To facilitate the sharing of resources under
    the Service First initiative, the Secretaries of the Interior and
    Agriculture may make transfers of funds and reimbursement of funds
    on an annual basis, including transfers and reimbursements for
    multi-year projects, except that this authority may not be used to
    circumvent requirements and limitations imposed on the use of
    funds."

                          EXISTING RIGHTS-OF-WAY                      
      Section 706(b) of Pub. L. 94-579 provided that: "Nothing in
    section 706(a) [see Tables for classification], except as it
    pertains to rights-of-way, may be construed as affecting the
    authority of the Secretary of Agriculture under the Act of June 4,
    1897 (30 Stat. 35, as amended, 16 U.S.C. 551); the Act of July 22,
    1937 (50 Stat. 525, as amended, 7 U.S.C. 1010-1212); or the Act of
    September 3, 1954 (68 Stat. 1146, 43 U.S.C. 931c)."

-End-



-CITE-
    43 USC Sec. 1702                                            01/03/2007

-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.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-


-CITE-
    43 USC SUBCHAPTER II - LAND USE PLANNING AND LAND
           ACQUISITION AND DISPOSITION                     01/03/2007

-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                                            01/03/2007

-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.)

-End-



-CITE-
    43 USC Sec. 1712                                            01/03/2007

-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.

-End-



-CITE-
    43 USC Sec. 1713                                            01/03/2007

-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.

-End-



-CITE-
    43 USC Sec. 1714                                            01/03/2007

-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.

-End-



-CITE-
    43 USC Sec. 1715                                            01/03/2007

-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).

-End-



-CITE-
    43 USC Sec. 1716                                            01/03/2007

-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."

-End-



-CITE-
    43 USC Sec. 1717                                            01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    43 USC Sec. 1719                                            01/03/2007

-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.)

-End-



-CITE-
    43 USC Sec. 1720                                            01/03/2007

-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.

-End-



-CITE-
    43 USC Sec. 1721                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                      01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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 to pre-construction, construction, and initial
    operation of transportation systems for Canadian and Alaskan
    natural gas transferred to Federal Inspector, Office of Federal
    Inspector for the Alaska Natural Gas Transportation System, until
    first anniversary of date of initial operation of Alaska Natural
    Gas Transportation System, see Reorg. Plan No. 1 of 1979, 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. Functions and authority
    vested in Secretary of Energy subsequently transferred to Federal
    Coordinator for Alaska Natural Gas Transportation Projects by
    section 720d(f) of Title 15.


-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.

-End-



-CITE-
    43 USC Sec. 1733                                            01/03/2007

-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                                            01/03/2007

-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."

-End-



-CITE-
    43 USC Sec. 1734a                                           01/03/2007

-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                                            01/03/2007

-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. 109-54, title I, Aug. 2, 2005, 119 Stat. 502, provided in
    part: "That, notwithstanding any provision to the contrary of
    section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
    that have been or will be received pursuant to that section,
    whether as a result of forfeiture, compromise, or settlement, if
    not appropriate for refund pursuant to section 305(c) of that Act
    (43 U.S.C. 1735(c)), shall be available and may be expended under
    the authority of this Act [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. 108-447, div. E, title I, Dec. 8, 2004, 118 Stat. 3042.
      Pub. L. 108-108, title I, Nov. 10, 2003, 117 Stat. 1244.
      Pub. L. 108-7, div. F, title I, Feb. 20, 2003, 117 Stat. 219.
      Pub. L. 107-63, title I, Nov. 5, 2001, 115 Stat. 418.
      Pub. L. 106-291, title I, Oct. 11, 2000, 114 Stat. 925.
      Pub. L. 106-113, div. B, 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                                            01/03/2007

-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                                           01/03/2007

-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                                            01/03/2007

-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.)


-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).

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


-End-



-CITE-
    43 USC Sec. 1738                                            01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    43 USC Sec. 1740                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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.)

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


-End-



-CITE-
    43 USC Sec. 1745                                            01/03/2007

-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                                            01/03/2007

-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. Any corrections authorized by this section which
    affect the boundaries of, or jurisdiction over, land administered
    by another Federal agency shall be made only after consultation
    with, and the approval of, the head of such other agency.

-SOURCE-
    (Pub. L. 94-579, title III, Sec. 316, Oct. 21, 1976, 90 Stat. 2770;
    Pub. L. 108-7, div. F, title IV, Sec. 411(e), Feb. 20, 2003, 117
    Stat. 291.)


-MISC1-
                                AMENDMENTS                            
      2003 - Pub. L. 108-7 inserted at end "Any corrections authorized
    by this section which affect the boundaries of, or jurisdiction
    over, land administered by another Federal agency shall be made
    only after consultation with, and the approval of, the head of such
    other agency."

-End-



-CITE-
    43 USC Sec. 1747                                            01/03/2007

-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                                            01/03/2007

-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".

-End-


-CITE-
    43 USC SUBCHAPTER IV - RANGE MANAGEMENT                     01/03/2007

-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                                            01/03/2007

-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) (!1) of title 42.

      (2) All distributions of moneys made under subsection (b)(1) of
    this section shall be in addition to distributions made under
    section 10 of the Taylor Grazing Act [43 U.S.C. 315i] and shall not
    apply to distribution of moneys made under section 11 of that Act
    [43 U.S.C. 315j]. The remaining moneys received by the United
    States as fees for grazing domestic livestock on the public lands
    shall be deposited in the Treasury as miscellaneous receipts.

-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.

-FOOTNOTE-
    (!1) So in original. Probably means "4332(2)(C)".


-End-



-CITE-
    43 USC Sec. 1752                                            01/03/2007

-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".

                          GRAZING PERMIT RENEWALS                      
      Pub. L. 108-108, title III, Sec. 325, Nov. 10, 2003, 117 Stat.
    1308, provided in part: "That beginning in November 2004, and every
    year thereafter, the Secretaries of the Interior and Agriculture
    shall report to Congress the extent to which they are completing
    analysis required under applicable laws prior to the expiration of
    grazing permits, and beginning in May 2004, and every two years
    thereafter, the Secretaries shall provide Congress recommendations
    for legislative provisions necessary to ensure all permit renewals
    are completed in a timely manner. The legislative recommendations
    provided shall be consistent with the funding levels requested in
    the Secretaries' budget proposals".

     APPEALS OF REDUCTIONS IN GRAZING ALLOTMENTS ON PUBLIC RANGELAND;
    TIME; EFFECTIVE DATE OF REDUCTIONS; SUSPENSION PENDING FINAL ACTION
                                 ON APPEAL
      Provisions requiring appeals of reductions in grazing allotments
    on public rangelands to be taken within a certain time period;
    providing that reductions of up to 10 per centum in grazing
    allotments are effective when so designated by the Secretary;
    suspending proposed reductions in excess of 10 per centum pending
    final action on appeals; and requiring final action on appeals to
    be completed within 2 years of filing of the appeal were contained
    in the following appropriation acts:
      Pub. L. 102-381, title I, Oct. 5, 1992, 106 Stat. 1378.
      Pub. L. 102-154, title I, Nov. 13, 1991, 105 Stat. 993.
      Pub. L. 101-512, title I, Nov. 5, 1990, 104 Stat. 1917.
      Pub. L. 101-121, title I, Oct. 23, 1989, 103 Stat. 704.
      Pub. L. 100-446, title I, Sept. 27, 1988, 102 Stat. 1776.
      Pub. L. 100-202, Sec. 101(g) [title I], Dec. 22, 1987, 101 Stat.
    1329-213, 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.

-End-



-CITE-
    43 USC Sec. 1753                                            01/03/2007

-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".

-End-


-CITE-
    43 USC SUBCHAPTER V - RIGHTS-OF-WAY                         01/03/2007

-EXPCITE-
    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER V - RIGHTS-OF-WAY

-HEAD-
                       SUBCHAPTER V - RIGHTS-OF-WAY                   

-End-



-CITE-
    43 USC Sec. 1761                                            01/03/2007

-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                       
      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.
    Functions and authority vested in Secretary of Energy subsequently
    transferred to Federal Coordinator for Alaska Natural Gas
    Transportation Projects by section 720d(f) of Title 15.

-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                                            01/03/2007

-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                                            01/03/2007

-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.
    Functions and authority vested in Secretary of Energy subsequently
    transferred to Federal Coordinator for Alaska Natural Gas
    Transportation Projects by section 720d(f) of Title 15.

-End-



-CITE-
    43 USC Sec. 1764                                            01/03/2007

-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                                            01/03/2007

-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.

-End-



-CITE-
    43 USC Sec. 1766                                            01/03/2007

-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.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    43 USC Sec. 1767                                            01/03/2007

-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.

-End-



-CITE-
    43 USC Sec. 1768                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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, 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                                            01/03/2007

-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          01/03/2007

-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                                            01/03/2007

-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."

-End-



-CITE-
    43 USC Sec. 1782                                            01/03/2007

-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. For provisions relating to closure and transfer of
    functions of the United States Bureau of Mines, see note set out
    under section 1 of Title 30.
      Pub. L. 104-134, title I, 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."

-End-



-CITE-
    43 USC Sec. 1783                                            01/03/2007

-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                                            01/03/2007

-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                                            01/03/2007

-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-