dreamproit/uscode huggingface dataset:
43 U.S.C. § 1736a (PUBLIC LANDS)
§ 1736a. Revolving fund derived from disposal of salvage timber
There is hereby established in the Treasury of the United States a special fund to be derived on and after October 5, 1992, from the Federal share of moneys received from the disposal of salvage timber prepared for sale from the lands under the jurisdiction of the Bureau of Land Management, Department of the Interior. The money in this fund shall be immediately available to the Bureau of Land Management without further appropriation, for the purposes of planning and preparing salvage timber for disposal, the administration of salvage timber sales, and subsequent site preparation and reforestation.
(Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1376.)
heading: Editorial Notes
heading: Codification
text: 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.
heading: Statutory Notes and Related Subsidiaries
heading: Distribution of Receipts
text: 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.”
43 U.S.C. § 1740 (PUBLIC LANDS)
§ 1740. Rules and regulations
The Secretary, with respect to the public lands, shall promulgate rules and regulations to carry out the purposes of this Act and of other laws applicable to the public lands, and the Secretary of Agriculture, with respect to lands within the National Forest System, shall promulgate rules and regulations to carry out the purposes of this Act. The promulgation of such rules and regulations shall be governed by the provisions of chapter 5 of title 5, without regard to section 553(a)(2). Prior to the promulgation of such rules and regulations, such lands shall be administered under existing rules and regulations concerning such lands to the extent practical.
(Pub. L. 94–579, title III, § 310, Oct. 21, 1976, 90 Stat. 2767.)
heading: Editorial Notes
heading: References in Text
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.
43 U.S.C. § 1741 (PUBLIC LANDS)
§ 1741. Annual reports
(a) Purpose; time for submission
For the purpose of providing information that will aid Congress in carrying out its oversight responsibilities for public lands programs and for other purposes, the Secretary shall prepare a report in accordance with subsections (b) and (c) and submit it to the Congress no later than one hundred and twenty days after the end of each fiscal year beginning with the report for fiscal year 1979.
(b) Format
A list of programs and specific information to be included in the report as well as the format of the report shall be developed by the Secretary after consulting with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and shall be provided to the committees prior to the end of the second quarter of each fiscal year.
(c) Contents
The report shall include, but not be limited to, program identification information, program evaluation information, and program budgetary information for the preceding current and succeeding fiscal years.
(Pub. L. 94–579, title III, § 311, Oct. 21, 1976, 90 Stat. 2768; Pub. L. 103–437, § 16(d)(3), Nov. 2, 1994, 108 Stat. 4595.)
heading: Editorial Notes
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: 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.
43 U.S.C. § 1743 (PUBLIC LANDS)
§ 1743. Disclosure of financial interests by officers or employees
(a) Annual written statement; availability to public
Each officer or employee of the Secretary and the Bureau who—
(1) performs any function or duty under this Act; and
(2) has any known financial interest in any person who (A) applies for or receives any permit, lease, or right-of-way under, or (B) 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.
(Pub. L. 94–579, title III, § 313, Oct. 21, 1976, 90 Stat. 2768.)
heading: Editorial Notes
heading: References in Text
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.
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: 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.
43 U.S.C. § 1746 (PUBLIC LANDS)
§ 1746. Correction of conveyance documents
The Secretary may correct patents or documents of conveyance issued pursuant to section 1718 of this title or to other Acts relating to the disposal of public lands where necessary in order to eliminate errors. In addition, the Secretary may make corrections of errors in any documents of conveyance which have heretofore been issued by the Federal Government to dispose of public lands. Any corrections authorized by this section which affect the boundaries of, or jurisdiction over, land administered by another Federal agency shall be made only after consultation with, and the approval of, the head of such other agency.
(Pub. L. 94–579, title III, § 316, Oct. 21, 1976, 90 Stat. 2770; Pub. L. 108–7, div. F, title IV, § 411(e), Feb. 20, 2003, 117 Stat. 291.)
heading: Editorial Notes
heading: Amendments
text: 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.”
43 U.S.C. § 1748a–1 (PUBLIC LANDS)
§ 1748a–1. Request for additional wildfire suppression funds
If the amount provided for wildfire suppression operations for that fiscal year will be exhausted within 30 calendar days, the Secretary of the Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, shall promptly submit a request to Congress for supplemental appropriations.
(Pub. L. 115–141, div. O, title I, § 103, Mar. 23, 2018, 132 Stat. 1060.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
43 U.S.C. § 1748a–2 (PUBLIC LANDS)
§ 1748a–2. Reporting requirements
(a) In general
Not later than 90 days after the end of the fiscal year for which additional new budget authority is used, pursuant to section 901(b)(2)(F)(i) of title 2, as added by section 102 of this division, the Secretary of the Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, shall—
(1) prepare an annual report with respect to the additional new budget authority;
(2) submit to the Committees on Appropriations, the Budget, and Natural Resources of the House of Representatives and the Committees on Appropriations, the Budget, and Energy and Natural Resources of the Senate the annual report prepared under paragraph (1); and
(3) make the report prepared under paragraph (1) available to the public.
(b) Components
The annual report prepared under subsection (a)(1) shall—
(1) document obligations and outlays of the additional new budget authority for wildfire suppression operations;
(2) identify risk-based factors that influenced management decisions with respect to wildfire suppression operations;
(3) analyze a statistically significant sample of large fires, including an analysis for each fire of—
(A) cost drivers;
(B) the effectiveness of risk management techniques and whether fire operations strategy tracked the risk assessment;
(C) any resulting ecological or other benefits to the landscape;
(D) the impact of investments in wildfire suppression operations preparedness;
(E) effectiveness of wildfire suppression operations, including an analysis of resources lost versus dollars invested;
(F) effectiveness of any fuel treatments on fire behavior and suppression expenditures;
(G) levels of exposure experienced by firefighters;
(H) suggested corrective actions; and
(I) any other factors the Secretary of the Interior or Secretary of Agriculture (as applicable) determines to be appropriate;
(4) include an accounting of overall fire management and spending by the Department of the Interior or the Department of Agriculture, which shall be analyzed by fire size, cost, regional location, and other factors;
(5) describe any lessons learned in the conduct of wildfire suppression operations; and
(6) include any other elements that the Secretary of the Interior or the Secretary of Agriculture (as applicable) determines to be necessary.
(Pub. L. 115–141, div. O, title I, § 104, Mar. 23, 2018, 132 Stat. 1061.)
heading: Editorial Notes
heading: References in Text
text: Section 102 of this division, referred to in subsec. (a), means section 102 of div. O of Pub. L. 115–141.
heading: Codification
text: Section was enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
43 U.S.C. § 1748d (PUBLIC LANDS)
§ 1748d. Report on wildfire, insect infestation, and disease prevention on Federal land
Not later than 180 days after December 20, 2018, and every year thereafter, the Secretary and the Secretary of Interior 1 shall submit to the Committee on Agriculture of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Energy and Natural Resources of the Senate a jointly written report on—
(1) the number of acres of Federal land treated by the Secretary or the Secretary of the Interior for wildfire, insect infestation, or disease prevention;
(2) the number of acres of Federal land categorized as a high or extreme fire risk;
(3) the total timber production from Federal land;
(4) the number of acres and average fire intensity of wildfires affecting Federal land treated for wildfire, insect infestation, or disease prevention;
(5) the number of acres and average fire intensity of wildfires affecting Federal land not treated for wildfire, insect infestation, or disease prevention;
(6) the Federal response time for each fire on greater than 25,000 acres;
(7) the number of miles of roads and trails on Federal land in need of maintenance;
(8) the number of miles of roads on Federal land in need of decommissioning;
(9) the maintenance backlog, as of the date of the report, for roads, trails, and recreational facilities on Federal land;
(10) other measures needed to maintain, improve, or restore water quality on Federal land; and
(11) other measures needed to improve ecosystem function or resiliency on Federal land.
(Pub. L. 115–334, title VIII, § 8706, Dec. 20, 2018, 132 Stat. 4880.)
heading: Editorial Notes
heading: Codification
text: Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Definition of “Secretary”
text: “Secretary” means the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under section 9001 of Title 7, Agriculture.
43 U.S.C. § 1753 (PUBLIC LANDS)
§ 1753. Omitted
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 94–579, title IV, § 403, Oct. 21, 1976, 90 Stat. 2775; Pub. L. 95–514, § 10, Oct. 25, 1978, 92 Stat. 1808, provided for the establishment and maintenance of grazing advisory boards and expired on Dec. 31, 1985.
43 U.S.C. § 1763 (PUBLIC LANDS)
§ 1763. Right-of-way corridors; criteria and procedures applicable for designation
In order to minimize adverse environmental impacts and the proliferation of separate rights-of-way, the utilization of rights-of-way in common shall be required to the extent practical, and each right-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.
(Pub. L. 94–579, title V, § 503, Oct. 21, 1976, 90 Stat. 2778.)
heading: Editorial Notes
heading: References in Text
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.
heading: Executive Documents
heading: Transfer of Functions
text: Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve lands and programs under jurisdiction of that Department, related to compliance with land use permits for other associated land uses issued under sections 1761, and 1763 to 1771 of this title, and such functions of Secretary or other official in Department of the Interior related to compliance with land use permits for temporary use of public lands and other associated land uses, issued under sections 1732, 1761, and 1763 to 1771 of this title, with respect to pre-construction, construction, and initial operation of transportation systems for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal Inspector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15.
43 U.S.C. § 1765 (PUBLIC LANDS)
§ 1765. Terms and conditions
Each right-of-way shall contain—
(a) terms and conditions which will (i) carry out the purposes of this Act and rules and regulations issued thereunder; (ii) minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment; (iii) require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or State law; and (iv) require compliance with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way for similar purposes if those standards are more stringent than applicable Federal standards; and
(b) such terms and conditions as the Secretary concerned deems necessary to (i) protect Federal property and economic interests; (ii) manage efficiently the lands which are subject to the right-of-way or adjacent thereto and protect the other lawful users of the lands adjacent to or traversed by such right-of-way; (iii) protect lives and property; (iv) protect the interests of individuals living in the general area traversed by the right-of-way who rely on the fish, wildlife, and other biotic resources of the area for subsistence purposes; (v) require location of the right-of-way along a route that will cause least damage to the environment, taking into consideration feasibility and other relevant factors; and (vi) otherwise protect the public interest in the lands traversed by the right-of-way or adjacent thereto.
(Pub. L. 94–579, title V, § 505, Oct. 21, 1976, 90 Stat. 2780.)
heading: Editorial Notes
heading: References in Text
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.
heading: Executive Documents
heading: Transfer of Functions
text: See note set out under section 1763 of this title.
43 U.S.C. § 1766 (PUBLIC LANDS)
§ 1766. Suspension or termination; grounds; procedures applicable
Abandonment of a right-of-way or noncompliance with any provision of this subchapter condition of the right-of-way, or applicable rule or regulation of the Secretary concerned may be grounds for suspension or termination of the right-of-way if, after due notice to the holder of the right-of-way and, and 1 with respect to easements, an appropriate administrative proceeding pursuant to section 554 of title 5, the Secretary concerned determines that any such ground exists and that suspension or termination is justified. No administrative proceeding shall be required where the right-of-way by its terms provides that it terminates on the occurrence of a fixed or agreed-upon condition, event, or time. If the Secretary concerned determines that an immediate temporary suspension of activities within a right-of-way for violation of its terms and conditions is necessary to protect public health or safety or the environment, he may abate such activities prior to an administrative proceeding. Prior to commencing any proceeding to suspend or terminate a right-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.
(Pub. L. 94–579, title V, § 506, Oct. 21, 1976, 90 Stat. 2780.)
heading: Executive Documents
heading: Transfer of Functions
text: See note set out under section 1763 of this title.
43 U.S.C. § 1767 (PUBLIC LANDS)
§ 1767. Rights-of-way for Federal departments and agencies
(a) The Secretary concerned may provide under applicable provisions of this subchapter for the use of any department or agency of the United States a right-of-way over, upon, under or through the land administered by him, subject to such terms and conditions as he may impose.
(b) Where a right-of-way has been reserved for the use of any department or agency of the United States, the Secretary shall take no action to terminate, or otherwise limit, that use without the consent of the head of such department or agency.
(Pub. L. 94–579, title V, § 507, Oct. 21, 1976, 90 Stat. 2781.)
heading: Executive Documents
heading: Transfer of Functions
text: See note set out under section 1763 of this title.
43 U.S.C. § 1768 (PUBLIC LANDS)
§ 1768. Conveyance of lands covered by right-of-way; terms and conditions
If under applicable law the Secretary concerned decides to transfer out of Federal ownership any lands covered in whole or in part by a right-of-way, including a right-of-way granted under the Act of November 16, 1973 (87 Stat. 576; 30 U.S.C. 185), the lands may be conveyed subject to the right-of-way; however, if the Secretary concerned determines that retention of Federal control over the right-of-way is necessary to assure that the purposes of this subchapter will be carried out, the terms and conditions of the right-of-way complied with, or the lands protected, he shall (a) reserve to the United States that portion of the lands which lies within the boundaries of the right-of-way, or (b) convey the lands, including that portion within the boundaries of the right-of-way, subject to the right-of-way and reserving to the United States the right to enforce all or any of the terms and conditions of the right-of-way, including the right to renew it or extend it upon its termination and to collect rents.
(Pub. L. 94–579, title V, § 508, Oct. 21, 1976, 90 Stat. 2781.)
heading: Editorial Notes
heading: References in Text
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.
heading: Executive Documents
heading: Transfer of Functions
text: See note set out under section 1763 of this title.