An Act to establish public land policy; to establish guidelines for its administration; to provide for the management, protection, development, and enhancement of the public lands; and for other purposes.
PL 94-579 (S.507), enacted 10/21/1976

PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2743 
Public Law 94-579 
94th Congress 
An Act 
To establish public land policy; to establish guidelines for its administration; to 
Oct. 21. 1976 
provide for the management, protection, development, and enhancement of the 
[S. 507] 
public lands; and for other purposes. 
Be it enacted hy the Senate and House of Bepresentativea of the 
United Statesof America in Congress assembled^ 
Federal Land 
Policy and 
TABLE OF CONTENTS 
Management 
Act of 1976. 
TITLE I—SHORT TITLE ; POLICIES; DEFINITIONS 
Sec. 101. Short title. 
Sec. 102. Declaration of policy. 
Sec. 103. Definitions. 
TITLE II—LAND USE PLANNING; LAND ACQUISITION AND 
DISPOSITION 
Sec. 201. Inventory and identification. 
Sec. 202. Land use planning. 
Sec. 203. Sales. 
Sec. 204. Withdrawals. 
Sec. 205. Acquisitions. 
Sec. 206. Exchanges. 
Sec. 207. Qualified conveyees. 
Sec. 208. Conveyances. 
Sec. 209. Reservation and conveyance of mineral interest 
Sec. 210. Coordination with State and local governments. 
Sec. 211. Omitted lands. 
Sec. 212. Recreation and Public Purposes Act. 
Sec. 213. National forest townsites. 
' 
Sec. 214. Unintentional Trespass Act. 
TITLE III—ADMINISTRATION 
Sec. 301. BLM directorate and functions. 
Sec. 302. Management of use, occupancy, and development. 
Sec. 303. Enforcement authority. 
Sec. 304. Service charges and reimbursements. 
Sec. 305. Deposits and forfeitures. 
Sec. 306. Working capital fund. 
Sec. 307. Studies, cooperative agreements, and contributions. 
Sec. 308. Contracts for surveys and resource protection. 
Sec. 309. Advisory councils and public participation. 
Sec. 310. Rules and regulations. 
Sec. 311. Program report. 
See. 312. Search and rescue. 
Sec. 313. Sunshine in government. 
Sec. 314. Recordation of mining claims and abandonment. 
Sec. 315. Recordable disclaimers of interest. 
Sec. 316. Correction of conveyance documents. 
Sec. 317. Mineral revenues. 
Sec. 318. Appropriation authorization. 
TITLE IV—RANGE MANAGEMENT 
Sec. 401. Grazing fees. 
Sec. 402. Grazing leases and permits. 
Sec. 403. Grazing advisory boards. 
Sec. 404. Management of certain horses and burros. 
TITLE V—RIGHTS-OF-WAY 
Sec. 501. Authorization to grant rights-of-way. 
Sec. 502. Cost-share road authorization. 
Sec. 503. Corridors. 
Sec. 504. General provisions. 
Sec. 505. Terms and conditions. 
Sec. 506. Suspension and termination of rights-of-way. 
Sec. 507. Rights-of-way for Federal agencies. 
Sec. 508. Conveyance of lands. 
90 STAT. 2744 
PUBLIC LAW 94-579—OCT. 21, 1976 
Sec. 509. Existing rights-of-way. 
i> .• , ' 
- ' 
Sec. 510. Effect on other laws. 
Sec. 511. Coordination of applications. 
TITLE VI—DESIGNATED MANAGEMENT AREAS 
Sec. 601. California desert conservation area. 
Sec. 602. King range. 
Sec. 603. Bureau of land management wilderness study. 
TITLE VII—EFFECT ON EXISTING RIGHTS: REPEAL OF EXISTING 
LAWS; SEVERABILITY 
Sec. 701. Effect on existing rights. 
Sec. 702. Repeal of laws relating to homesteading and small tracts. 
Sec. 703. Repeal of laws related to disposals. 
Sec. 704. Repeal of withdrawal laws. 
Sec. 705, Repeal of laws relating to administration of public lands. 
Sec. 706. Repeal of laws relating to rights-of-way. 
Sec. 707. Severability. 
TITLE I—SHORT TITLE, DECLARATION OF 
POLICY, AND DEFINITIONS 
SHORT TITLE 
43 use 1701 
SEC. 101. This Act may be cited as the "Federal Land Policy and 
not«- 
Management Act of 1976". 
DECLARATION OF POLICY 
43 use 1701. 
SEC. 102. (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 plan-
ning 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 the date of enactment of this 
Act be reviewed in accordance with the provisions of this Act; 
(4) the Congress exercise its constitutional authority to with-
draw 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 discre-
tionary authority granted by them, the Secretary be re/juired 
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 pro-
vided by law; 
(7) goals and objectives be established by law as guidelines for 
public land use planning, and that management be on the basis 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2745 
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, environ-
mental, 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, acqui-
sition 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 eflfective only as specific 
statutory authority for their implementation is enacted by this Act 
or by subsequent legislation and shall then be construed as supple-
mental to and not in derogation of the purposes for which public lands 
« 
are administered under other provisions of law. 
DEFINITIONS 
SEC. 103. Without altering in any way the meaning of the following 
43 USC 1702. 
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 busi-
ness entity receiving or using a right-of-way under title V of this Act. 
(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 
90 STAT. 2746 
PUBLIC LAW 94-579—OCT. 21, 1976 
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, ran^e, 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 par-
ticipation 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 Man-
agement, without regard to how the United States acquired owner-
ship, 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 pur-
Post, p. 2776. 
pose listed in title V of this Act. 
(g) The term "Secretary", unless specifically designated otherwise, 
means the Secretary of the Interior. 
(h) The term "sustained yield" means the achievement and mainte-
nance in perpetuity of a high-level annual or regular periodic outjput 
of the various renewable resources of the public lands consistent with 
multiple use. 
Post, p. 2785. 
(i) The term "wilderness" as used in section 603 shall have the same 
meaning as it does in section 2(c) of the Wilderness Act (78 Stat. 
890_; 16 U.S.C. 1131-1136). 
(j) The term "withdrawal" means withholding an area of Federal 
^ 
land from settlement, sale, location, or entrjr, 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 m 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" gov-
erned by the Federal Property and Administrative Services Act, as 
amended (40 U.S.C. 472) 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 spec-
ifications for the range improvements to be installed and main-
tained on the lands to meet the livestock grazing and other 
objectives of land management; and 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2747 
(3) contains such other provisions relating to livestock grazing 
and other objectives found by the Secretary concerned to be con-
sistent with the provisions of this Act and other applicable law. 
(1) 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 execu-
tive 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 domes-
tic livestock. 
TITLE II—LAND USE PLANNING; LAND ACQUISITION 
AND DISPOSITION 
INVENTORY AND IDENTIFICATION 
SEC. 201. (a) The Secretary shall prepare and maintain on a con- 43 USC 1711. 
tinning 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 con-
cern. 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 inven-
tory for the purpose of planning and regulating the uses of non-
Federal lands in proximity of such public lands. 
LAND USE PLANNING 
SEC. 202. (a) The Secretary shall, with public involvement and 43 USC 1712. 
consistent with the terms and conditions of this Act, develop, main-
tain, 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 other-
wise designated for one or more uses. 
(b) In the development and revision of land use plans, the Secre-
tary 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, consid-
ering the policies of approved tribal land resource management 
programs. 
90 STAT. 2748 
PUBLIC LAW 94-579—OCT. 21, 1976 
(c) In the development and revision of land use plans, the Sec-
retary 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 pol-
lution standards or implementation plans; and 
(9) to the extent consistent with the laws governing the admin-
istration 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 Fed-
eral departments and agencies and of the States and local govern-
ments within which the lands are located, including, but not 
limited to, the statewide outdoor recreation plans developed 
16 use 460Z-4 
under the Act of September 3, 1964 (78 Stat. 897), as amended, 
and of or for Indian tribes by, among other things, considering 
the policies of approved State and tribal land resource manage-
ment 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 devel-
opment 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) Any classification of public lands or any land use plan in effect 
on the date of enactment of this Act 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) The Secretary may issue management decisions to implement 
note 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2749 
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 recon-
sideration, 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 manage-
ment 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 concur-
rent 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 resolu-
tion 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 com-
mittee 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 considera-
tion 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 204 of this Act 
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 204 or other action 
pursuant to applicable law: Provided^ That nothing in this sec-
tion shall prevent a wliolly owned Government corporation from 
acquiring and holding rights as a citizen under the Mining Law 
of 1872. 
(f) The Secretary shall allow an opportunity for public involve-
ment and by regulation shall establish procedures, including public 
hearings where appropriate, to give Federal, State, and local govern-
ments and the public, adequate notice and opportunity to comment 
89-194 O—78—pt. 2 
81 
90 STAT. 2750 
PUBLIC LAW 94-579—OCT. 21, 1976 
upon and participate in the formulation of plans and programs relat-
ing to the management of the public lands. 
SALES 
43 use 1713. 
SEC. 203. (a) 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 202 of this Act, 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 depart-
ment 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 objec-
tives, 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 maintain-
ing such tract in Federal ownership. 
(b) 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 exist-
ing law. 
Notice. 
(c) 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 w^hich a resolution has been 
referred during the said ninety day period, has not reported it at 
the end of thirty calendar daj^s 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 com-
mittee 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 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2751 
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) Sales of public lands shall be made at a price not less than their 
fair market value as determined by the Secretary. 
(e) 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) 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 m 
order (1) to assure equitable distribution among purchasers of lands, 
or (2) to recognize equitable considerations or public policies, includ-
ing but not limited to, a preference to usere, 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 landownei-s; 
(4) individuals; and 
(5) any other person. 
(g) 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 ri^ht to 
a decision within such thirty-day period. Prior to tlie expiration of 
such periods the Secretary may refuse to accept any offer or may with-
draw 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. 
WITHDRAWALS 
SEC. 204. (a) On and after the effective date of this Act the Secre- 43 USC 1714. 
tary 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 indi-
viduals in the Office of the Secretary who have been appointed by the 
President, by and with the advice and consent of the Senate. 
(b)(1) Within thirty days of receipt of an application for with- Application, 
drawal, and whenever he proposes a withdrawal on his own motion, Publication in 
the Secretary shall publish a notice in the Federal Register stating Federal Register, 
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 Secre-
90 STAT. 2752 
PUBLIC LAW 94-579—OCT. 21, 1976 
tary, 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) (1) On and after the dates of approval of this Act 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 
Notification 
agency head. The Secretary shall notify both Houses of Congress of 
to Congress. 
g^ch a withdrawal no later than its effective date and the ^dthdrawal 
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 con-
current 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 resolu-
tion 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 hignly 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 degrada-
tion 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 pro-
posed use, together with a statement of the provisions to be made 
for continuation or termination of existing uses, including an eco-
nomic analysis of such continuation or termination; 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2753 
(5) an analysis of 
fche 
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 involve-
ment 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, engineer-
ing 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) 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, loca-
tion 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) When the Secretary determines, or when the Committee on 
Interior and Insular Affairs of either the House of Representatives or 
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 the 
Committees on Interior and Insular Affairs of the Senate and the 
House of Representatives. Such emergency withdrawal shall be effec-
tive when made but shall last only for a period not to exceed three 
years and may not be extended except under the provisions of sub-
section (c)(1) or (d), whichever is applicable, and (b) (1) of this sec-
tion. The information required in subsection (c) (2) of this subsection 
shall be furnished the committees within three months after filing such 
notice. 
(f) All withdrawals and extensions thereof, whether made prior to 
or after approval of this Act, 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 provi-
sions of subsection (c) (1) or (d), 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 orginal withdrawal period. The Secretary Report to 
shall report on such review and extensions to the Committees on Inte- congressional 
rior and Insular Affairs of the House of Representatives and the committees. 
Senate. 
90 STAT. 2754 
PUBLIC LAW 94-579—OCT. 21, 1976 
Hearing. 
Appropriation 
authorization. 
Report to 
President. 
Transmittal 
to Congress. 
(g) All applications for withdrawal pending on the date of approval 
of this Act shall be processed and adjudicated to conclusion within 
fifteen years of the date of approval of this Act, in accordance with the 
provisions of this section. The segregative effect of any application not 
so processed shall terminate on that date. 
(h) 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) 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 pro-
visions of subsection (e) of this section apply. 
(j) 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 Eefuge System prior to the date of 
approval of this Act 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; 
16U.S.C. 668dd(a)). 
(k) 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. 
(1) (1) The Secretary shall, within fifteen years of the date of 
enactment of this Act, review withdrawals existing on the date of 
approval of this Act, 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 the date of approval of this Act, were part of 
Indian reservations and other Indian holdings, the National Forest 
System, the National Park System, the National Wildlife Refuge Sys-
tem, other lands administered by the Fish and Wildlife Service or the 
Secretary through the Fish and Wildliffe 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 continua-
tion of the existing withdraAval 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 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2755 
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 amend-
ment 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 dis-
agreed 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 Appropriation 
$10,000,000 for the purpose of paragraph (1) of this subsection to be authorization, 
available until expended to the Secretary and to the heads of other 
departments and agencies which will be involved. 
ACQUISITIONS 
SEC. 205. (a) Notwithstanding any other provisions of law, the 43 USC 1715. 
Secretary, with respect to the public lands and the Secretary of Agri-
culture, with respect to the acquisition of access over non-Federal 
lands to units of the National Forest System, are authorized to acquire 
S
ursuant to this Act by purchase, exchange, donation, or eminent 
omain, 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 Agricul-
ture to acquire land by eminent domain within the boundaries of 
units of the National Forest System. 
(b) Acquisitions pursuant to this section shall be consistent with 
the mission of the department involved and with applicable depart-
mental land-use plans. 
(c) Lands and interests in lands acquired by the Secretary pursuant 
to this section or section 206 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 
90 STAT. 2756 
PUBLIC LAW 94-579—OCT. 21, 1976 
or interests in lands are located within the exterior boundaries of a 
grazing district established pursuant to the first section of the Act 
of June 28, 1934 (48 Stat. 1269, as amended; 43 U.S.C. 315) (com-
monly known as the "Taylor Grazing Act"), thej^ 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) Lands and interests in lands acquired by the Secretary of Agri-
culture pursuant to this section shall, upon acceptance of title, become 
National Forest System lands subject to all the laws, rules, and regu-
lations applicable thereto. 
EXCHANGES 
43 use 1716. 
SEC. 206. (a) 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: Pra-
vided, 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, min-
erals, 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) In exercising the exchange authority granted by subsection (a) 
or by section 205 (a) of this Act, the Secretary 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 
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 circum-
stances 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 shall try to reduce the amount 
of the payment of money to as small an amount as possible. 
(c) Lands acc[uired 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 acc[uired 
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. 
lands. 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2757 
QUALIFIED C0NVEYEE8 
SEC. 207. No tract of land may be disposed of under this Act, 43 USC 1717, 
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. 
CONVEYANCES 
SEC. 208. The Secretary shall issue all patents or other documents 43 USC 1718,, 
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 206(b) of this Act 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 con-
veyance of lands by the Secretary, subject to such terms, covenants, 
conditions, and reservations, shall not exempt the grantee from com-
pliance 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 regula-
tion pursuant to State and local land use plans, or programs. 
RESERVATION AND CONVEYANCE OF MINERALS 
SEC. 209. (a) All conveyances of title issued by the Secretary, 43 USC 1719. 
except those involving land exchanges provided for in section 206, 
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 sub-
section (b). 
(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 non-
mineral 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 Administrative 
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: Pronnded, That, if the administrative 
90 STAT. 2758 
PUBLIC LAW 94-579—OCT. 21, 1976 
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. 
COORDINATION WITH STATE AND LOCAL GOVERNMENTS 
Notification. 
SEC. 210, At least sixty days prior to offering for sale or otherwise 
43 use 1720. 
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 geo-
graphical 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 ojficials of the issuance of the patent 
or other document of conveyance for such lands. 
OMITTED LANDS 
43 use 1721. 
SEC. 211. OMITTED LANDS.—(a) The Secretary is hereby 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 con-
tained 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) (1) The Secretary is authorized to convey to States and their 
43 use 869. 
political subdivisions under the Recreation and Public Purposes Act, 
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 Secre-
tary 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 Manage-
ment, 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 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2759 
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) (1) No conveyance shall be made pursuant to this section until 
the relevant State government, local government, and areawide plan-
ning agency designated pursuant to section 204 of the Demonstration 
Cities and Metropolitan Development Act of 1966 (80 Stat. 1255, 
1262) and/or title IV of the Intergovernmental Cooperation Act of 42 USC 3334. 
1968 (82 Stat. 1098, 1103-4) have notified the Secretary as to the 42 U
S
C 4231. 
consistency of such conveyance with applicable State and local gov-
ernment land use plans and programs. 
(2) The provisions of section 210 of this Act shall be applicable 
to all conveyances under this section. 
(d) The final sentence of section 1(c) of the Recreation and Public 
Purposes xVct shall not be applicable to conveyances under this 43 USC 869. 
section. 
(e) No conveyance pursuant to this section shall be used as the 
basis for determining the baseline between Federal and State owner-
ship, 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) 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 JRefuge System, and the National Wild and Scenic 
Bivers System. 
(g) 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, 
i 
and the Act of May 31,1962 (76 Stat. 89), or any other Act autjhoriz- 
| 
ing the sale of specific omitted lands. 
i 
RECREATION AND PUBLIC PURPOSES ACT 
SEC. 212. The Recreation and Public Purposes Act of 1926 (44 Stat. 
741, as amended; 43 U.S.C. 869-i), as amended, is further amended 
| 
as follows: 
(a) The second sentence of subsection (a) of the first section of 
that Act (43 U.S.C. 869(a)) is amended to read as follows: "Before 
the land may be disposed of under this Act it must be shown to the 
satisfaction of the Secretary that the land is to be used for an estab-
lished or definitely proposed project, that the land involved is not 
of national significance nor more than is reasonably necessary for the 
proposed use, and that for proposals of over 640 acres comprehensive 
land use plans and zoning regulations applicable to the area in which 
the public lands to be disposed of are located have been adopted by 
the appropriate State or local authority. The Secretary shall provide Public hearings 
an opportunity for participation by affected citizens in disposals "'" meetings. 
under this Act, including public hearings or meetings where he deems 
it appropriate to provide public comments, and shall hold at least 
one public meeting on any proposed disposal of more than six hundred 
forty acres under this Act." 
(b) Subsection (b) (i) of the first section of that Act (43 U.S.C. 
869 (b)) is amended to read as follows: 
90 STAT. 2760 
PUBLIC LAW 94-579—OCT. 21, 1976 
"(b) Conveyances made in any one calendar year shall be limited 
as follows: 
" (i) For recreational purposes: 
" (A) To any State or the State park agency or any other 
agency having jurisdiction over the State park system of 
such State designated by the Governor of that State as its 
sole representative for acceptance of lands under this pro-
vision, hereinafter referred to as the State, or to any political 
subdivision of such State, six thousand four hundred acres, 
and such additional acreage as may be needed for small road-
side parks and rest sites of not more than ten acres each. 
"(B) To any nonprofit corporation or nonprofit associa-
tion, six hundred and forty acres. 
"(C) No more than twenty-five thousand six hundred 
acres may be conveyed for recreational purposes under this 
Act in any one State per calendar year. Should any State or 
political subdivision, however, fail to secure, in any one 
year, six thousand four hundred acres, not counting lands 
for small roadside parks and rest sites, conveyances may be 
made thereafter if pursuant to an application on file with 
the Secretary of the Interior on or before the last day of said 
year and to the extent that the conveyance would not have 
exceeded the limitations of said year.". 
(c) Section 2(a) of that Act (43 U.S.C. 869-1) is amended by 
inserting "or recreational purposes" immediately after "historic-
monument purposes". 
(d) Section 2(b) of that Act (43 U.S.C. 869-1) is amended by 
adding ", except that leases of such lands for recreational purposes 
shall be made without monetary consideration" after the phase 
"reasonable annual rental". 
NATIONAL rOKEST T0WNSITE8 
SEC. 213. The Act of July 31, 1958 (72 Stat. 438, 7 U.S.C. 1012a, 
16 U.S.C. 478a), is amended to read as follows: "When the Secretary 
of Agriculture determines that a tract of National Forest System land 
in Alaska or in the eleven contiguous Western States is located adja-
cent to or contiguous to an established community, and that transfer of 
such land would serve indigenous community objectives that outweigh 
the public objectives and values which would be served by maintain-
ing such tract in Federal ownership, he may, upon application, set 
aside and designate as a townsite an area of not to exceed six hundred 
and forty acres of National Forest System land for any one applica-
Public notice. 
tion. After public notice, and satisfactory showing of need therefor 
by any county, city, or other local governmental subdivision, the Secre-
tary may offer such area for sale to a governmental subdivision at a 
price not less than the fair market value thereof: Provided^ however, 
That the Secretary may condition conveyances of townsites upon the 
enactment, maintenance, and enforcement of a valid ordinance which 
assures any land so conveyed will be controlled by the governmental 
subdivision so that use of the area will not interfere with the protec-
tion, management, and development of adjacent or contiguous 
National Forest System lands." 
UNINTENTIONAL TRESPASS ACT 
43 use 1722. 
SEC. 214. (a) Notwithstanding the provisions of the Act of Sep-
tember 26,1968 (82 Stat. 870; 43 U.S.C. 1431-1435), hereinafter called 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2761 
the "1968 Act", with respect to applications under the 1968 Act which 
were pending before the Secretary as of the effective date of this sub-
section 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. 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) Within three years after the date of approval of this Act, 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 Representa-
tives 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 com-
mittee 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 suspen-
sion of action. A motion to discharge may be made only by an indi-
vidual favoring the resolution, shall be highly privileged (except 
that it may not be made after the committee has reported such a reso-
lution), 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) Within five years after the date of approval of this Act, the 
Secretary shall complete the processing of all applications filed under 
the 1968 Act and hold sales covering all lands which he has deter-
mined to sell thereunder. 
Notification. 
Notification 
to Congress. 
90 STAT. 2762 
PUBLIC LAW 94-579—OCT. 21, 1976 
TITLE III—ADMINISTEATION 
BLM DIRECTORATE AND FUNCTIONS 
43 use 1731. 
SEC. 301. (a) The Bureau of Land Management established by 
Reorganization Plan Numbered 3, of 1946 (5 U.S.C. App. 519) shall 
have as its head a Director. Appointments to the position of Direc-
tor 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 nat-
ural 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 accord-
ing to the applicable provisions of this Act and any other applicable 
law. 
(b) Subject to the discretion granted to him by Reorganization 
Plan Numbered 3 of 1950 (43 U.S.C. 1451 note), 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 the date 
of enactment of this section, were carried out by him through the 
Bureau of Land Management established by section 403 of Reorgani-
zation Plan Numbered 3 of 1946. The Bureau shall administer such 
laws according to the provisions thereof existing as of the date of 
approval of this Act as modified by the provisions of this Act or by 
subsequent law. 
(c) In addition to the Director, there shall be an Associate Direc-
tor of the Bureau and so many Assistant Directors, and other 
employees, as may be necessary, who shall be appointed by the Sec-
5 use 101 
retary subject to the provisions of title 5, United States Code, govern-
ed ««9- 
ing appointments in the competitive service, and shall be paid in 
accordance with the provisions of chapter 51 and subchapter 3 of 
5 use 5101 
chapter 53 of such title relating to classification and General Schedule 
et seq, 5331. 
pay rates. 
(d) Nothing in this section shall affect any regulation of the Sec-
retary with respect to the administration of laws administered by 
him through the Bureau on the date of approval of this section. 
MANAGEMENT OF USE, OCCUPANC^^, AND DEVELOPMENT 
43 use 1732. 
SEC. 302. (a) 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 202 of this Act 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) In managing the public lands, the Secretary shall, subject to 
this Act and other applicable law and under such terms and condi-
tions 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: Pro-
vided^ 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 507 of this 
Act, withdrawals under section 204 of this Act, and, where the pro-
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2763 
17 Stat. 91. 
Regulation. 
posed use and development are similar or closely related to the pro-
grams of the Secretary for the public lands involved, cooperative 
agreements under subsection (b) of section 307 of this Act: 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 adja-
cent 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 appli-
cable 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 
314, section 603, and subsection (f) of section 001 of this Act 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 tlie 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 man-
aging the public lands the Secretary shall, by regulation or other-
wise, take any action necessary to prevent unnecessary or undue 
degradation of the lands. 
(c) The Secretary shall insert in any instrument providing for the 
use, occupancy, or development of the public lands a provision author-
izing revocation or suspension, after notice and hearing, of such instru-
ment 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 applica-
ble to the public lands and compliance with applicable State or Fed-
eral air or water quality standard or implmentation plan: Provided, 
That such violation occurred on public lands covered by such instru-
ment 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 sus-
pension prior to a hearing or final administrative finding if he deter-
mines 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 cancella-
tion of a permit, license, or other authorization to use, occupy, or 
develop the public lands, the specific provisions of such law shall 
prevail. 
ENFORCEMENT AUTHORITY 
SEC. 303. (a) The Secretary shall issue regulations necessary to Regulations, 
implement the provisions of this Act with respect to the management, ^^ U
S
C 1733. 
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 designated for 
90 STAT. 2764 
PUBLIC LAW 94-579—OCT. 21, 1976 
that purpose by the court by which he was appomted, in the same 
manner and subject to the same conditions and limitations as provided 
for in section 3401 of title 18 of the United States Code, 
(b) At the request of the Secretary, the Attorney General may 
institute a civil action in any United States district court for an injunc-
tion or other appropriate order to prevent any person from utilizing 
public lands in violation of regulations issued by the Secretary under 
this Act. 
(c) (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 Sec-
retary 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 commit-
ting 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 Fed-
eral law. The Secretary shall provide such law enforcement training 
as he deems necessarj^ in order to carry out the contracted for responsi-
bilities. 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 per-
sonnel shall receive the training and have the responsibilities and 
authority provided for in paragraph (1) of this subsection. 
(d) 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 adminis-
tiation and regulation of use and occupancy of the public lands. 
(e) Nothing in this section shall prevent the Secretary from 
promptly establishing a uniformed desert ranger force in the Cali-
fornia Desert Conservation Area established pursuant to section 601 
of this Act 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) Nothing in this Act shall be construed as reducing or limiting 
the enforcement authority vested in the Secretary by any other statute. 
(s) The use, occupancy, or development of any portion of the public 
lands contrary to any regulation of the Secretary or other responsible 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2765 
authority, or contrary to any order issued pursuant to any such regula-
tion, is unlawful and prohibited. 
"Reasonable 
costs." 
SERVICE CHARGES, REIMBURSEMENT PAYMENTS, AND EXCESS PAYMENTS 
SEC. 304. (a) Notwithstanding any other provision of law, the 43 USC 1734, 
Secretary may establish reasonable filing and service fees and reason-
able 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) The Secretary is authorized to require a deposit of any pay-
ments 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 here-
by 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 over-
head), 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 inter-
est rather than for the exclusive benefit of the applicant, the public 
service provided, and other factors relevant to determining the rea-
sonableness of the costs. 
(c) 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 Secre-
tary, upon application or otherwise, may cause a refund to be made 
from applicable funds. 
DEPOSITS AND FORFEITURES 
SEC. 305. (a) 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 nis 
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 rehabili-
tation work on those public lands which has been rendered necessary 
by the action which has led to the forfeiture, compromise, or 
settlement. 
(b) 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) 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 
43 USC 1735. 
Appropriation 
authorization. 
oa
-tOA r\
TO
.^4
90 STAT. 2766 
PUBLIC LAW 94-579—OCT. 21, 1976 
Establishment. 
43 use 1736. 
40 use 471 
note. 
Appropriation 
authorization. 
authorized under this Act, the Secretary, upon application or other-
wise, may cause a refund of the amount in excess to be made from 
applicable funds. 
WORKING CAPITAL FUND 
SEC. 306. (a) There is hereby established a working capital fund for 
the management of the public lands. This fund shall be available with-
out fiscal year limitation for expenses necessary for furnishing, in 
accordance with the Federal Property and Administrative Services 
Act of 1949 (63 Stat. 377, as amended), and regulations promulgated 
thereunder, supplies and equipment services in support oi Bureau pro-
grams, 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 equip-
ment, and fire control and other resource management equipment 
within the limitations set forth in appropriations made to the 
Secretary for the Bureau. 
(b) 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) 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) There is hereby authorized to be appropriated a sum not to 
exceed $3,000,000 as initial capital of the working capital fund. 
43 use 1737. 
Appropriation 
authorization. 
STUDIES, COOI'EKATIVE AGREEMENTS, AND CONTRIBUTIONS 
SEC. 307. (a) 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) Subject to the provisions of applicable law, the Secretary may 
enter into contracts and cooperative agreements involving the manage-
ment, protection, development, and sale of public lands. 
(c) 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. 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2767 
CONTRACTS FOR SURVEYS AND RESOURCE PROTECTION 
SEC. 308. (a) The Secretary is authorized to enter into contracts for 43 USC 1738. 
the use of aircraft, and for supplies and services, iprior 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 competi-
tion. 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. 
ADVISORY COUNCII^ AND PUBLIC PARTICIPATION 
SEC. 309. (a) The Secretary is authorized to establish advisory coun- 43 USC 1739 
cils 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 govern-
ment 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; 5 U.S.C. App. 1). 
(b) Notwithstanding the provisions of subsection (a) of this sec-
tion, 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) 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) 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 maj'^ be referred to it 
by the Secretary. 
(e) 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 manage-
ment of, the public lands. 
RULES AND REGULATIONS 
SEC. 310. The Secretary, with respect to the public lands, shall 43 USC 1740. 
promulgate rules and regulations to carry out the purposes of this 
Act and of other laws applicable to the pulJlic lands, and the Secretary 
of Agriculture, with respect to lands within the National Forest Sys-
tem, shall promulgate rules and regulations to carry out the purposes 
of this Act. The promulgation of such rules and regulations shall be 
90 STAT. 2768 
PUBLIC LAW 94-579—OCT. 21, 1976 
Submittal to 
Congress. 
43 use 1741. 
43 use 1742. 
governed by the provisions of chapter 5 of title 5 of the United States 
Code, 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. 
PUBLIC LANDS PROGRAM REPORT 
SEC. 311. (a) FoFthe 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) 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 Committees on Interior and 
Insular Affairs of the House and Senate and shall be provided to the 
committees prior to the end of the second quarter of each fiscal year. 
(c) The report shall include, but not be limited to, program identi-
fication information, program evaluation information, and program 
budgetary information for the preceding current and succeeding fiscal 
years. 
SEARCH AND RESCUE 
SEC. 312. Where in his judgment sufficient search, rescue, and pro-
tection 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 rescu-
ing, 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. 
Written 
statement. 
43 use 1743. 
Public 
availability. 
SUNSHINE I N GOVERNMENT 
SEC. 313. (a) 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) The Secretary shall— 
(1) act within ninety days after the date of enactment of this 
Act— 
(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 sec-
tion 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 state-
ments; and 
PUBLIC LAW 94-579-^CT. 21, 1976 
90 STAT. 2769 
(2) report to the Congress on June 1 of each calendar year Report to 
with respect to such disclosures and the actions taken in regard Congress, 
thereto during the preceding calendar year. 
(c) 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) Any officer or employee who is subject to, and knowingly Penalty, 
violates, this section, shall be fined not more than $2,500 or imprisoned 
not more than one year, or both. 
RECORDATION OF MINING CLAIMS AND ABANDONMENT 
SEC. 314. (a) The owner of an unpatented lode or placer mining 43 USC 1744. 
claim located prior to the date of this Act shall, within the three-
year period following the date of the approval of this Act 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 the date of this 
Act shall, prior to December 31 of each year following the calendar 
vear 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 certifi-
cate is recorded either a notice of intention to hold the mining claim 
(including but not limited to such notices as are provided by law 
to be filed when there has been a suspension or deferment of annual 
assessment work), an affidavit of assessment work performed thereon, 
on a detailed report provided by the Act of September 2, 1958 (72 
Stat. 1701; 30 U.S.C. 28^1), 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 pur-
suant 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) The owner of an unpatented lode or placer mining claim or 
mill or tunnel site located prior to the date of approval of this Act 
shall, within the three-year period following the date of approval 
of this Act, 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 the date of approval of this Act 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) The failure to file such instruments as required by subsections 
(a) and (b) shall be deemed conclusively to constitute an abandon-
ment 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 defec-
tive or not timely filed for record under other Federal laws per-
mitting 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. 
90 STAT. 2770 
^ 
PUBLIC LAW 94-579—OCT. 21, 1976 
(d) 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 assess-
ment and other requirements of such law. 
RECORDABLE DISCLAIMERS OF INTEREST I N LAND 
43 use 1745. 
SEC. 315. (a) After consulting with any affected Federal agency, 
the Secretary is authorized to issue a document of disclaimer of inter-
est 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 
j . - 
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) 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) Issuance of a document of disclaimer by the Secretary pursuant 
to the provisions of this section and regulations promulgated here-
under shall have the same effect as a quit-claim deed from the United 
States. 
CORRECTION OF CONVEYANCE DOCUMENTS 
43 use 1746. 
SEC. 316. The Secretary may correct patents or documents of con-
veyance issued pursuant to section 208 of this Act 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. 
MINERAL REVENUES 
30 use 191. 
SEC. 317. (a) Section 35 o.f the Act of February 25, 1920 (41 Stat. 
437, 450; 30 U.S.C. 181, 191), as amended, is further amended to 
read as follows: "All money received from sales, bonuses, royalties, 
and rentals of the public lands under the provisions of this Act and 
30 use 1001 
the Geothermal Steam Act of 1970, notwithstanding the provisions 
of section 20 thereof, shall be paid into the Treasury of the United 
States; 50 per centum thereof shall be paid by the Secretary of the 
Treasury as soon as practicable after March 31 and September 30 of 
each year to the State other than Alaska within the boundaries of 
which the leased lands or deposits are or were located; said moneys 
paid to any of such States on or after January 1, 1976, to be used 
by such State and its subdivisions, as the legislature of the State may 
direct ^ving priority to those subdivisions of the State socially or 
economically impacted by development of minerals leased under this 
Act, ,for (i) planning, (ii) construction and maintenance of public 
facilities, and (iii) provision of public service; and excepting those 
note. 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2771 
43 use 391 
note. 
30 use 1001 
note. 
30 use 191 
note. 
Loans. 
43 use 1747. 
from Alaska, 40 per centum thereof shall be paid into, reserved, 
appropriated, as part of the reclamation fund created by the Act 
of Congress known as the Reclamation Act, approved June 17, 1902, 
and of those from Alaska as soon as practicable after March 31 and 
September 30 of each year, 90 per centum thereof shall be paid to 
the State of Alaska for disposition by the legislature thereof: Pro-
vided^ That all moneys which may accrue to the United States under 
the provisions of this Act and the Geothermal Steam Act of 1970 
from lands within the naval petroleum reserves shall be deposited 
in the Treasury as 'miscellaneous receipts', as provided by the Act of 
June 4,1920 (41 Stat. 813), as amended June 30,1938 (52 Stat. 1252). 
All moneys received under the provisions o,f this Act and the Geo-
thermal Steam Act of 1970 not otherwise disposed of by this section 
shall be credited to miscellaneous receipts.". 
(b) Funds now held pursuant to said section 35 by the States of 
Colorado and Utah separately from the Department of the Interior 
oil shale test leases known as C-A; C-B; U-A and U-B shall be 
used by such States and subdivisions as the legislature of each State 
may direct giving priority to those subdivisions socially or economi-
cally impacted by the development of minerals leased under this 
Act for (1) planning, (2) construction and maintenance of public 
facilities, and (3) provision of public services. 
(c) (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. Such 
loans shall be confined to the uses specified for the 50 per centum of 
mineral revenues to be received by such States and subdivisions pur-
suant to section 35 of such Act. All loans shall bear interest at a Interest rate, 
rate not to exceed 3 per centum and shall be for such amounts and 
durations as the Secretary shall determine. The Secretary shall limit 
the amounts of such loans to all States except Alaska to the antici-
pated mineral revenues to be received by the recipients of said loans 
and to Alaska to 55 per centum of anticipated mineral revenues to be 
received by it pursuant to said section 35 for any prospective 10-year 
period. Such loans shall be repaid by the loan recipients from mineral 
revenues to be derived from said section 35 by such recipients, as the 
Secretary determines. 
(2) The Secretary, after consultation with Governors of the 
affected States, shall allocate such loans among the States and their 
subdivisions in a fair and equitable manner, giving priority to those 
States and subdivisions suffering the most severe impacts. 
(3) Loans under this subsection shall be subject to such terms and 
conditions as the Secretary determines necessary to assure that the 
purpose of this subsection will be achieved. The Secretary shall issue Regulations, 
such regulations as may be necessary to carry out the provisions of 
this section. 
APPROPRIATION AUTHORIZATION 
SEC. 318. (a) There are hereby authorized to be appropriated 43 USC 1748. 
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, 1978, any program, function, or activity of the Bureau 
under this or any other Act unless such sums are specifically author-
ized to be appropriated as of the date of approval of this Act or are 
authorized to be appropriated in accordance with the provisions of 
subsection (b) of this section. 
90 STAT. 2772 
PUBLIC LAW 94-579—OCT. 21, 1976 
(b) Consistent with section 607 of the Congressional Budget Act 
31 use 1301 
of 1974, 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) 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) In exercising the authority to acquire by purchase granted by 
subsection (a) of section 205 of this Act, 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. 
TITLE IV—RANGE MANAGEMENT 
GRAZING FEES 
Study. 
SEG. 401. (a) The Secretary of Agriculture and the Secretary of 
43 use 1751. 
the Interior shall jointly cause to be conducted a study to determine 
the value of grazing on the lailds 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 reasonable-
Report to 
ness of such fees. The Secretaries shall report the result of such study 
Congress. 
to the Congress not later than one year from and after the date of 
approval of this Act, 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 the date of approval of this Act, 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 addi-
tional 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 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2773 
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 eleven contiguous Western 
States under the provisions of this section shall be credited to a sepa-
rate 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 rehabil-
itation, 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 respec-
tive Secretary may direct after consultation with user representatives. 
The annual distribution and use of range betterment funds authorized 
by this paragraph shall not be considered a major Federal action 
requiring a detailed statement pursuant to section 4332(c) of title 42 
of the United States Code. 
(2) The first clause of section 10(b) of the Taylor Grazing Act 
(48 Stat. 1269), as amended by the Act of August 6, 1947 (43 U.S.C. 
315i), is hereby repealed. All distributions of moneys made under 43 USC 1751. 
section 401(b)(1) of this Act shall be in addition to distributions 
made under section 10 of the Taylor Grazing Act and shall not apply 
to distribution of moneys made under section 11 of that Act. The 43 USC 315j. 
remaining moneys received by the United States as fees for grazing 
domestic livestock on the public lands shall be deposited in the Treas-
ury as miscellaneous receipts. 
(3) Section 3 of the Taylor Grazing Act, as amended (43 U.S.C. 43 USC 315b. 
315), is further amended by— 
(a) Deleting the last clause of the first sentence thereof, which 
begins with "and in fixing," deleting the comma after "time", 
and adding to that first sentence the words "in accordance with 
governing law". 
(b) Deleting the second sentence thereof. 
GRAZING LEASES AND PERMITS 
SEC. 402. (a) Except as provided in subsection (b) of this section, 43 USC 1752. 
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 eleven 
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 
90 STAT. 2774 
PUBLIC LAW 94-579—OCT. 21, 1976 
lease for any violation of a grazing regulation or of any term or condi-
tion of such grazing permit or lease. 
(b) Permits or leases may be issued by the Secretary concerned for 
a period shorter than ten years where the Secretary concerned deter-
mines 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 allot-
ment 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. 
(c) 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 202 of this Act or section 
5 of the Forest and Rangeland Renewable Resources Planning Act of 
16 use 1604. 
1974 (88 Stat. 477; 16 U.S.C. 1601), (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) All permits and leases for domestic livestock grazing issued 
pursuant to this section, with the exceptions authorized in subsection 
(e) of this section, on and after October 1, 1988, may incorporate an 
allotment management plan developed by the Secretary concerned in 
consultation with the lessees or permittees involved. Prior to that 
date, allotment management plans shall be incorporated in grazing 
permits and leases when they are completed. The Secretary concerned 
may revise such plans from time to time after such consultation. 
(e) Prior to October 1, 1988, or thereafter, 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 Sec-
retary concerned shall also specify therein the numbers of animals to 
be grazed and the seasons of use and that he may reexamine the con-
dition 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 readjust-
ment shall be put into full force and effect on the date specified by the 
Secretary concerned. 
(f) Allotment management plans shall not refer to livestock oper-
ations 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 or 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) Whenever a permit or lease for grazing domestic livestock is 
canceled in whole or in part, in order to devote the lands covered by 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2775 
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 Secre-
tary 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) Nothing in this Act shall be construed as modifying in any 
way law existing on the date of approval of this Act 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. 
GRAZING ADVISORY BOARDS 
SEC. 403. (a) For each Bureau district office and National Forest 43 USC 1753. 
headquarters office in the eleven 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 Agricul-
ture, 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) 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 allot-
ment management plans and the utilization of range-betterment funds. 
(c) 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 m the area 
through an election prescribed by the Secretary concerned. 
(d) Each grazing advisory board shall meet at least once annually. 
(e) Except as may be otherwise provided by this section, the provi-
sions of the Federal Advisory Committee Act (86 Stat. 770; 5 U.S.C. 
App. 1) shall apply to grazing advisory boards. 
(f) The provisions of this section shall expire December 31, 1985. 
MANAGEMENT OF CERTAIN HORSES AND BURROS 
SEC. 404. Sections 9 and 10 of the Act of December 15,1971 (85 Stat. 
649, 651; 16 U.S.C. 1331,1339-1340) are renumbered as sections 10 and 
11, respectively, and the following new section is inserted after 
section 8: 
"SEC. 9. In administering this Act, the Secretary may use or contract 16 USC 1338a. 
for the use of helicopters or, for the purpose of transporting captured 
animals, motor vehicles. Such use shall be undertaken only after a 
public hearing and under the direct supervision of the Secretary or of 
a duly authorized official or employee of the Department. The pro-
visions of subsection (a) of the Act of September 8, 1959 (73 Stat. 
470; 18 U.S.C. 47(a)) shall not be applicable to such use. Such use 
shall be in accordance with humane procedures prescribed by the 
Secretary.". 
90 STAT. 2776 
PUBLIC LAW 94-579—OCT. 21, 1976 
TITLE V—RIGHTS-OF-WAY 
t 
AUTHORIZATION TO GRANT RIGHTS-OF-WAY 
43 use 1761. 
SEC. 501. (a) The Secretary, with respect to the public lands 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 dis-
tribution 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 facili-
ties in connection therewith; 
(3) pipelines, slurry and emulsion systems, and conveyor belts 
for transportation and distribution of solid materials, and facili-
ties 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 Power Commission 
under the Federal Power Act of 1935 (49 Stat. 847; 16 U.S.C. 
(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) (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 pursuant to this title, shall require the applicant to dis-
close the identity of the participants in the entity, when he deems it 
necesary to a determination, in accordance with the provisions of this 
title, 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 share-
holder 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 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2777 
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. 
COST-SHARE ROAD AUTHORIZATION 
SEC. 502. (a) The Secretary, with respect to the public lands, is 43 USC 1762. 
authorized to provide for the acquisition, construction, and mainte-
nance 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 Financing, 
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 financ-
ing 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 fur-
ther^ That when timber is offered with the condition that the purchaser 
thereof will build a road or roads in accordance with standards speci-
fied in the offer, the purchaser of the timber will be responsible for 
paying the full costs of construction of such roads. 
(b) 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) The Secretary may require the user or users of a road, trail, land, Maintenance, 
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 recon-
struction 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 promded further, That 
unexpended balances upon accomplishment of the purpose for which 
deposited shall be transferred to miscellaneous receipts or refunded. 
(d) Whenever the agreement under which the United States has 
obtained for the use of, or in connection with, the public lands a right-
90 STAT. 2778 
PUBLIC LAW 94-579—OCT. 21, 1976 
( 
43 use 1763. 
Regulations. 
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 pay-
ments to the grantor. 
RIGHT-Or-WAY CORRIDORS 
SEC. 503. 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 desig-
nating 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, environ-
mental quality, economic efficiency, national security, safety, and good 
engineering and technological practices. The Secretary concerned Siall 
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. 
GENERAL PROVISIONS 
43 use 1764. 
SEC. 504. (a) 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 deter-
mines (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. 
Limitation. 
(b) Each right-of-way or permit granted, issued, or renewed pursu-
ant 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) Rights-of-way shall be granted, issued, or renewed pursuant 
to this title under such regulations or stipulations, consistent with 
the provisions of this title 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, construc-
tion, maintenance, transfer or assignment, and termination. 
Right-of-way, 
(d) The Secretary concerned prior to granting or issuing a right-
plan submittal. 
of-way pursuant to this title 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 regu-
lations issued by that Secretary, including the terms and conditions 
required under section 505 of this Act. 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2779 
Fair market 
value, annual 
payment. 
Waiver. 
Reimbursement. 
(e) The Secretary concerned shall issue regulations with respect Regulations 
to the terms and conditions that will be included in rights-of-way pur-
suant to section 505 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 title and to any subsequent 
renewal thereof, and may be applicable to rights-of-way not granted 
or issued, but renewed pursuant to this title. 
(f) 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. 
(g) The holder of a right-of-way shall pay annually in advance 
the fair market value thereof as determined by the Secretary grant-
ing, 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. The Secretary concerned may, by regulation or prior to pro-
mulgation 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 pro-
grams 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, includ-
ing 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. 
(h) (1) The Secretary concerned shall promulgate regulations spec-
ifying the extent to which holders of rights-of-way under this title 
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 liabili-
ties, 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 
Regulations. 
90 STAT. 2780 
PUBLIC LAW 94-579—OCT. 21, 1976 
or injury in excess of this amount shall be determined by ordinary 
rules of negligence. 
(x] 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 regula-
tion of the Secretary concerned. 
(j) The Secretary concerned shall grant, issue, or renew a right-of-
way under this title 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 require-
ments of this title. 
TERMS AND CONDITIONS 
43 use 1765. 
SEC. 505. 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) mini-
mize damage to scenic and esthetic values and fish and wildlife 
habitat and otherwise protect the environment; (iii) require com-
pliance with applicable air and water quality standards estab-
lished 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 individ-
uals 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 tra-
versed by the right-of-way or adjacent thereto. 
SUSPENSION OR TERMINATION OF RIGHTS-OF-WAY 
43 use 1766. 
SEC. 506. Abandonment of a right-of-way or noncompliance with any 
provision of this title, condition of the right-of-way, or applicable rule 
or regulation of the Secretary concerned may be grounds for suspen-
sion or termination of the right-of-way if, after due notice to the holder 
of the right-of-way and, and with respect to easements, an appropriate 
administrative proceeding pursuant to section 554 of title 5 of the 
United States Code, 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 
Notice. 
abate such activities prior to an administrative proceeding. Prior to 
commencing any proceeding to suspend or terminate a right-of-way 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2781 
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 title, 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. 
RIGHTS-OF-WAY FOR FEDERAL AGENCIES 
SEC. 507. (a) The Secretary concerned may provide under applica- 43 USC 1767. 
ble provisions of this title 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. 
CONVEYANCE or LANDS 
SEC. 508. If under applicable law the Secretary concerned decides to 43 USC 1768. 
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 con-
cerned determines that retention of Federal control over the rignt-of-
way is necessary to assure that the purposes of this title 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 condi-
tions of the right-of-way, including the right to renew it or extend it 
upon its termination and to collect rents. 
EXISTING RIGHTS-OFWAY 
SEC. 509. (a) Nothing in this title shall have the effect of terminating 43 USC 1769. 
any right-of-way or right-of-use heretofore issued, granted, or per-
mitted. However, with the consent of the holder thereof, the Secretary Cancellation, 
concerned may cancel such a right-of-way or ri^ht-of-use and in its 
stead issue a right-of-way pursuant to the provisions of this title. 
(b) When the Secretary concerned issues a right-of-way under this 
title for a railroad and appurtenant communication facilities in con-
nection with a realinement of a railroad on lands under his jurisdic-
tion 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 title, provide in the 
''' 
new right-of-way the same terms and conditions as applied to the por-
89-194 O—78—pt. 2 
83 
90 STAT. 2782 
PUBLIC LAW 94-579—OCT. 21, 1976 
tion 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 con-
cerned 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 title. 
EFFECT ON OTHER LAWS 
43 use 1770. 
SEC. 510. (a) Effective on and after the date of approval of this Act, 
no ri^ht-of-way for the purposes listed in this title shall be granted, 
issued, or renewed over, upon, under, or through such lands excej)t 
under and subject to the provisions, limitations, and conditions of this 
title: Provided^ That nothing in this title shall be construed as affecting 
or modifying the provisions of the Act of October 13, 1964 (78 Stat. 
1089; 16 U.S.C. 532-538) and in the event of conflict with, or incon-
sistency between, this title and the Act of October 13, 1964, 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 501 (b) or impose any 
other condition contemplated by this Act that is contrary to present 
practices of that Secretary under the Act of October 13, 1964. 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 title. The Secretary concerned may require the appficant to submit 
if'. 
any additional information he deems necessary to comply with the 
requirements of this title. 
(b) Nothing in this title shall be construed to preclude the use of 
lands covered oy this title for highway purposes pursuant to sections 
107 and 317 of title 23 of the United States Code. 
(c)(1) Nothing in this title shall be construed as exempting any 
holder of a right-of-way issued under this title from any provision of 
the antitrust laws of the United States. 
"Antitrust 
(2) For the purposes of this subsection, the term "antitrust laws" 
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 
15 use 8, 9. 
73 and 74 of the Act of August 27,1894. 
COORDINATION OF APPLICATIONS 
43 use 1771. 
SEC. 511. 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 Sys-
tem lands must simultaneously apply to the Secretary concerned for 
the appropriate authority to use public lands or National Forest Sys-
tem lands and submit to the Secretary concerned all information fur-
nished to the other Federal department or agency. 
TITLE VI—DESIGNATED MANAGEMENT AREAS 
CALIFORNIA DESERT CONSERVATION AREA 
43 use 1781. 
SEC. 601. (a) The Congress finds that— 
(1) the California desert contains historical, scenic, archeologi-
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2783 
cal, 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, includ-
ing 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 out-
door recreation uses, including the use, where appropriate, of off-
road recreational vehicles; 
(5) the Secretary has initiated a comprehensive planning proc-
ess 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 irreplace-
able 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 plan-
ning and management, and additional management authority must 
be provided to the Secretary to facilitate effective implementation 
of such planning and management. 
(b) 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) (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). 
(2) As soon as practicable after the date of approval of this Act, 
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 descrij)tion 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) The Secretary, in accordance with section 202 of this Act, shall Ante, p. 2747. 
prepare and implement a comprehensive, long-range plan for the man-
agement, 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, main-
tenance of environmental quality, rights-of-way, and mineral develop-
ment. Such plan shall be completed and implementation thereof 
initiated on or before September 30,1980. 
"California 
desert." 
Revised map 
filed with 
con§ 
committees. 
90 STAT. 2784 
PUBLIC LAW 94-579—OCT. 21, 1976 
Interim 
program. 
Mining claims. 
Regulations. 
California Desert 
Conservation 
Area Advisory 
Committee. 
Establishment. 
Management. 
Consultation. 
Report to 
Congress. 
Appropriation 
authorization. 
(e) During the period beginning on the date of approval of this Act 
and ending on the effective date of implementation of the comprehen-
sive, 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) 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 min-
ing claims located on public lands within the California Desert Con-
servation 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 pro-
vide for such measures as may be reasonable to protect the scenic, 
scientific, and environmental values of the public lands of the Cali-
fornia Desert Conservation Area against undue impairment, and to 
assure against pollution of the streams and waters within the Cali-
fornia Desert Conservation Area. 
(g) (1) The Secretary, within sixty days after the date of approval 
of this Act, "shall establish a California Desert Conservation Area 
Advisory Committee (hereinafter referred to as "advisory commit-
tee") in accordance with the provisions of section 309 of this Act. 
(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) 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 witn the purpose of this section. The Secretary the 
Secretary of Agriculture, and the Secretary of Defense are autnor-
ized and directed to consult among themselves and take cooperative 
actions to carry out the provisions of this subsection, including a pro-
gram 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) The Secretary shall report to the Congress no later than two 
years after the date of approval of this Act, and annually thereafter, 
on the progress in, and any problems concerning, the implementation 
of this section, together with any recommendations, which he may 
deem necessary, to remedy such problems. 
(j) 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. 
KING RANGE 
16 use 460y-8. 
SEC. 602. Section 9 of the Act of October 21, 1970 (84 Stat. 1067), 
is amended by adding a new subsection (c), as follows: 
"(c) In a(idition to the lands described in subsection (a) of this 
section, the land identified as the Punta Gorda Addition and the 
Southern Additions on the map entitled 'King Range National Con-
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2785 
servation Area Boundary Map No. 2, dated July 29,1975, is included 
in the survey and investigation area referred to in the first section of 
this Act.". 
BUREAU OP LAND MANAGEMENT WILDERNESS STUDY 
SEC. 603. (a) Within fifteen years after the date of approval of 
this Act, 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 201(a) of this 
Act 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 recommenda-
tions for the designation of an area as wilderness the Secretary shall 
cause mineral surveys to be conducted by the Geological Survey and 
the 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 .Tuly 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 speci-
fied in section 3(d) of the Wilderness Act. 
(b) 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) 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 the date of 
approval of this Act: 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 204 of this Act for reasons other than preservation of their 
wilderness character. Once an area has been designated for preserva-
tion as wilderness, the provisions of the Wilderness Act which apply 
to national forest wilderness areas shall apply with respexjt to the 
administration and use of such designated area, including mineral 
surveys required by section 4(d) (2) of the Wilderness Act, and min-
eral development, access, exchange of lands, and ingress and egress 
for mining claimants and occupants. 
Review; 
report to 
President. 
43 use 1782. 
Report to 
President. 
Recommendations 
to President 
of the Senate 
and Speaker 
of the House. 
Regulation. 
Ante, p. 2751. 
16 use 1131 
note. 
16 use 1133. 
90 STAT. 2786 
PUBLIC LAW 94-579—OCT. 21, 1976 
TITLE VII—EFFECT ON EXISTING RIGHTS; EEPEAL OF 
EXISTING LAWS; SEVERABILITY 
EFFECT ON EXISTING RIGHTS 
43 use 1701 
SEC. 701. (a) Nothing in this Act, or in any amendment made by 
°°*®- 
this Act, 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. 
(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 modihed 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 recoveiy 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 specifi-
cally 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. 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2787 
(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 distribu-
tion 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. 600), 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). 
REPEAIi OF LAWS RELATING TO H0ME8TEADING AND SMALL 'WtACTS 
SEC. 702. Effective on and after the date of approval of this Act, Effective 
the following statutes or parts of statutes are repealed except the <
^
*
t
«
-
effective date shall be on and after the tenth anniversary of the date 
of approval of this Act insofar as the listed homestead laws apply 
to public lands in Alaska: 
statute at 
Act of 
Chapter 
Section 
Large 
43 U.S. Code 
1. Homesteads: 
Revised Statute 2289 
161,171. 
Mar. 3,1891 
561 
5 
26:1097 
161,162. 
Revised Statute 2290 
162. 
Revised Statute 2295 
168. 
Revised Statute 2291 
164. 
June 6,1912 
153 
37:123 
164,169,218. 
May 14,1880 
89 
21:141 
166,185,202,223. 
June 6,1900 
821. 
31:683 
166,223. 
Aug. 9,1912 
280 
37:267 
Apr. 6,1914 
51 
38:312 
167. 
Mar. 1,1921 
90 
41:1198 
Oct. 17,1914 
326 
38: 740 
168. 
Revised Statute 2297 
169. 
Mar. 31,1881 
153 
21:611 
Oct. 22,1914 
335 
38:766 
17a 
Revised Statute 2292 
, 
171. 
June 8,1880 
136 
21:166 
172. 
Revised Statute 2301 
.' 
173. 
Mar. 3,1891 
561 
6 
26:1098 
June 3,1896 
312 
2 
29:197 
Revised Statute 2288 
174. 
Mar.3,1891 
661 
3 
26:1097 
Mar. 3,1905 
1424 
36:991 
Revised Statute 2296 
176. 
Apr. 28,1922 
155 
42:502 
May 17,1900 
479 
1 
81:179 
179. 
Jan. 26,1901 
180 
31: 740 
18a 
Sept. 5,1914 
294 
38:712 
182. 
Revised Statute 2300 
1
8
&
, 
Aug. 31,1918 
166 
8 
40:957 
Sept. 13,1918 
173 
40:960 
Revised Statute 2302 
184,201. 
July 26,1892 
251 
27:270 
186. 
Feb. 14,1920 
76 
41:434 
18a 
Jan. 21,1922 
32 
42:368 
Dec. 28,1922 
19 
42:1067 
June 12,1930 
471 
46:580 
Feb. 26,1925 
326 
43: 081 
187. 
June21,1934 
690 
48:1186 
187a. 
May 22,1902 
821 
2 
82:203 
187b. 
June6,1900 
716 
31:270 
188,217. 
Mar. 3,1876 
131 
16 
18:420 
189. 
July 4,1884 
180 
Only last 
23:96 
190. 
paragraph 
of sec. 1. 
Mar. 1,1933 
160 
l 
47:1418 
190a. 
The following words only: "Provided, That no further allotments of lands to Indians on the public 
domain shall be made In San Juan County, Utah, nor shall further Indian homesteads be made in said 
county under the Act of July 4,1884 (23 Stat. 96; U.S.C. title 48, seo. 190)." 
Revised Statutes 2310.2311 
191. 
June 13,1902 
1080 
32:384. 
203. 
Mar. 3,1879 
191 
20:472 
204. 
July 1,1879. 
60 
21:46 
206. 
May 6,1886 
88 
24:22 
206. 
Aug. 21,1916 
361 
89:618 
207. 
June 3,1924 
240 
43: 367 
208. 
Revised Statute 2298 
211. 
Aug. 30,1890 
837 
26:391 
218. 
90 STAT. 2788 
PUBLIC LAW 94-579—OCT. 21, 1976 
statute at 
Act of 
Chapter 
Section 
Large 
43 U.S. Code 
The following words only: "No person who shall after the passage of this act, enter upon any of the 
public lands with a view to occupation, entry or settlement under any of the land laws shall be per-
mitted to acquire title to more than three himdred and twenty acres in the aggregate, under all of said 
laws, but this limitation shall not operate to curtail the right of any person who has heretofore made 
entry or settlement on the public lands, or whose occupation, entry or settlement, is validated by this 
act:" 
Mar. 3,1891 
561 
17 
26:1101 
The following words only: "and that the provision of 'An Act making appropriations for sundry 
civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and 
ninety-one, and for other piuposes,' which reads as follows, viz: 'No person who shall after the passage 
of this act enter upon any of the public lands with a view to occupation, entry or settlement under 
any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres 
in the aggregate under all said laws,' shall be construed to include in the maximum amount of lands 
the title to which is permitted to be acquired by one person only agricultural lands and not to 
include lands entered or sought to be entered under mineral land laws." 
Apr. 28,1904 
1776 
33:527 
213. 
Aug. 
3, 
1950 
521 
64: 
398 
Mar. 
2,1889 
381 
6 
25:854 
214. 
Feb. 20,1917 
98 
39:925 
215. 
Mar. 4,1921. 
162 
1 
41:1433 
216. 
Feb. 19,1909 
160 
35:639 
218. 
June 13,1912 
166 
37:132 
Mar. 3,1915 
84 
38:953 
Mar. 3,1915 
91 
38:957 
Mar. 4,1915. 
150 
2 
38:1163 
Julys, 1916 
220 
39:344 
Feb. 11, 1913 
39 
37:666 
218,219. 
June 17,1910 
298 
36:531 
219. 
Mar. 3,1915 
91 
38:967 
Sept. 5, 1916 
440 
39: 724 
Aug. 10,1917 
52 
10., 
40:275 
Mar. 4,1915. 
150 
1 
38:1162 
220. 
Mar. 4, 1923 
245 
1 
42:1445 
„ - 222. 
Apr. 28, 1904 
1801 
33:647 
224. 
Mar. 2,1907 
2627 
34:1224 
May 29,1908 
220 
7 
35:466 
Aug. 24,1912 
371 
- 
37:499 
Aug. 22,1914 
270 
38:704 
231. 
Feb. 26,1919 
21 
40:1153 
July 3,1916 
214 
39:341 
232. 
Sept. 29,1919 
64 
41:288 
233. 
Apr. 6,1922 
122 
42:491 
233,272,273. 
Mar. 2,1889 
381 
3 
25:854 
234. 
Dec. 29,1894 
14 
28:599 
July 1,1879 
63 
1 
21:48 
236. 
Dec. 20,1917 
6 
40:430 
236. 
July 24,1919 
126 
Next to last 
41:271 
237. 
paragraph 
only. 
Mar. 2,1932 
69 
47:59 
237a. 
May 21,1934 
320 
48:787 
237b. 
May 22,1935 
136 
- 
49:286 
237c, 
Aug. 19,1935 
660 
49:669 
237d. 
Mar. 31,1938 
67 
62:149 
Apr.20, 1936 
239 
49:1236 
237e. 
July 30,1956 
778 
1,2,4 
70:716 
237f,g,h. 
Mar. 1, 1921 
102 
41:1202 
238. 
Apr. 7,1922 
125 
42:492 
Revised Statute 2308 
239. 
June 16,1898 
458 
30:473 
240. 
Aug. 29, 1916 
420 
39:671 
Apr. 7,1930 
108 
46:144 
243. 
Mar, 3,1933... 
198 
47:1424 
243a. 
Mar, 3,1879 
192 
20:472 
261. 
Mar. 2, 1889 
381 
7 
25:866 
252. 
June 3,1878 
162 
20:91 
253. 
Revised Statute 2294 
264. 
May 26,1890 
355 
26:121 
Mar. 11,1902 
182 
32:63 
Mar. 4,1904 
394 
33:69 
Feb. 23,1923 
105 
42:1281 
Revised Statute 2293 
265. 
Oct. 6,1917 
86 
40:391 
Mar. 4,1913 
149 
Only last 
37: 925 
256. 
paragraph 
of section 
headed 
"PubUo 
Land 
Service." 
May 13,1932 
178 
47:153 
256a. 
Juno 16, 1933 
99 
48:274 
June 26,1936 
419 
49:504 
June 16,1937 
381 
60:303 
Aug. 27,1935 
- 770 
49:909 
256b. 
Sept. 30,1890. 
J. Res. 59 
26:684 
261. 
June 16,1880 
244 
21:287 
263. 
Apr. 18,1904 
25 
33:689 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2789 
statute at 
Act of 
Chapter 
Section 
Large 
43 U.S. Code 
Revised Statute 2304 
271. 
Mar. 1, 1901 
674 
31:847 
271,272. 
Revised Statute 2305 
272. 
Feb. 25,1919 
37 
40:1161 
272a. 
Dee. 28,1922 
19 
42:1067 
:.. 
Revised Statute 2306 
- 
274. 
Mar. 3, 1893 
208 
27:593 
276. 
The following words only: "And provided further: That where soldier's additional homestead 
entries have been made or Initiated upon certificate of the Commissioner of the General Land 
Office of the right to make such entry, and there is no adverse claimant, and such certificate Is 
found erroneous or invalid for any cause, the purchaser thereunder, on making proof of such 
purchase, may perfect his title by payment of the Government price for the land: but no person 
shall be permitted to acquire more than one hundred and sixty acres of public land through the 
location of any such certificate." 
Aug. 18, 1894 
301 
Only last 
28:397 
276. 
paragraph 
of section 
headed 
"Surveying 
the Public 
Lands." 
Revised Statute 2309 
277. 
Revised Statute 2307 
278. 
Sept. 21,1922 
357 
42:990 
Sept. 27,1944 
421 
58:747. 
279-283. 
June 25, 1946 
474 
i. 
60:308 
279. 
May 31,1947 
88 
61:123 
279,280,282. 
June 18, 1954. 
306 
68:253.. 
279,282. 
Junes, 1948. 
399... 
62:305.. 
283,284. 
Dec. 29, 1916 
9 
1-8 
39:862 
291-298. 
Feb. 28, 1931 
328 
46:1454 
291. 
June 9, 1933. 
53.. 
48:119 
291. 
June 6, 1924 
274 
46:469 
292. 
Oct.25,1918 
195 
40:1016 
293. 
Sept. 29,1919 
63 
41:287 
294,295. 
Mar. 4,1923. 
245 
2 
42:1445.. 
302. 
Aug. 21, 1916.... 
361 
39: 518. 
1075. 
Aug. 28, 1937 
876 
3 
50:875 
1181c. 
2. Small tracts: 
June 1,1938 
317 
52:609. 
682a-e. 
June 8, 1954 
270 
68:239 
July 14, 1945 
298 
59: 467 
REPEAL OF LAWS RELATED TO DISPOSAL 
SEC. 703. (a) Effective on and after the tenth anniversary of the Effective 
date of approval of this Act, the statutes and parts of statutes listed <
^
*
*
®
-
below as "Alaska Settlement Laws", and effective on and after the 
date of approval of this Act, the remainder of the following statutes 
and parts of statutes are hereby repealed: 
statute at 
Act of 
Chapter 
Section 
Large 
43 U.S. Code 
1. Sale and Disposal Laws: 
Mar. 3,1891 
561 
9 
26:1099 
671. 
Revised Statute 2354 
673. 
Revised Statute 2355 
- . . 
674. 
May 18,1898 
344.... 
2 
30:418 
675. 
Revised Statute 2365 
- 
- 
676. 
Revised Statute 2357 
678. 
June 15,1880 
- 
227-. 
3,4 
21:238 
679-680. 
Mar. 2,1889.. 
381 
4 
25:854 
681. 
Mar. 1,1907 
2286 
34:1052 
682. 
Revised Statute 2361 
688. 
Revised Statute 2362... 
689. 
Revised Statute 2363 
690. 
Revised Statute 2368 
691. 
t
evised Statute 2366 
692. 
evised Statute 2369 
693. 
Revised Statute 2370 
694. 
Revised Statute 2371 
695. 
Revised Statute 2374 
696. 
Revised Statute 2372 
697. 
Feb. 24,1909 
181 
35:645 
May 21,1926 
353 
The 2 pro- 
44:591 
visos only. 
Revised Statute 2375 
698. 
Revised Statute 2376 
699. 
Mar. 2,1889 
381 
1.. 
25:854 
70a 
90 STAT. 2790 
PUBLIC LAW 94-579—OCT. 21, 1976 
statute at 
Act of 
Chapter 
Section 
Large 
43 U.S. Code 
2. Townsite Reservation and Sale: 
Revised Statute 2380 
711. 
Revised Statute 2381 
712. 
Revised Statute 2382 
- 
713. 
Aug. 24,1954 
904 
68: 792 
Revised Statute 2383 
714. 
Revised Statute 2384 
715. 
Revised Statute 2386.- 
717. 
Revised Statute 2387 
718. 
Revised Statute 2388 
719. 
Revised Statute 2389 
720. 
Revised Statute 2391 
721. 
Revised Statute 2392 
- 
722. 
Revised Statute 2393.- 
- 
723. 
Revised Statute 2394 
724. 
Mar. 3, 1877 
113 
1,3,4 
19:392 
725-727. 
Mar. 3,1891 
561 
16 
26:1101 
728. 
July 9,1914 
138 
38:454 
730. 
Feb. 9,1903 
531 
32:820 
731. 
3. Drainage Under State Laws: 
May 20, 1908 
- 
181 
1-7 
35:171 
1021-1027. 
Mar. 3, 1919 
113 
40:1321 
1028. 
May 1,1958... 
P.L. 85-387 
72:99 
1029-1034. 
Jan. 17,1920 
. — 47 
41:392 
1041-1048. 
4. Abandoned Military Reservation: 
Julys, 1884 
214 
5 
23:104 
1074. 
Aug. 21, 1916 
361 
39:518 
1075. 
Mar. 3,1893 
208 
27:593 
1076. 
The following words only: "Provided, That the President is hereby authorized by proclamation 
to withhold from sale and grant for public use to the municiptJ corporation in which the same is 
situated all or any portion of any abandoned military reservation not exceeding twenty acres in one 
place." 
Aug. 23, 1894 
314 
23:491 
1077,1078. 
Feb. 11, 1903 
543 
32:822 
1079. 
Feb. 15,1895 
92 
28:664 
1080,1077. 
Apr. 23, 1904 
1496 
33:306 
1081. 
5. Public Lands; Oklahoma: 
May 2,1890 
182 
Last para- 
26:90 
1091-1094,1096, 
graph of sec. 
1097. 
18 and sees. 
20, 21, 22, 
24,27. 
Mar. 3,1891 
548 
16 
26:1026 
1098. 
Aug. 7,1946 
772.... 
1,2 
60:872 
1100-1101. 
Aug. 3, 1955 
498 
1-8 
69:445 
1102-1102g. 
May 14, 1890 
207 
26:109 
1111-1117. 
Sept. 1,1893 
J. Res. 4 
28:11 
1118. 
May 11,1896 
168 
1,2 
29:116 
1119. 
Jan. 18,1897 
62 
1-3,6,7 
29:490 
1131-1134. 
June 23,1897 
8 
30:105 
Mar. 1,1899.. 
328 
30:966. 
6. Sales of Isolated Tracts: 
Revised Statute 2455.. 
1171. 
Feb. 26,1895 
133 
28:687 
June 27, 1906 
3554 
34:517. 
Mar. 28,1912 
67 
37: 77 
Mar. 9,1928 
164 
45:253 
June 28,1934 
865 
14 
48:1274 
July 30,1947 
, 
383 
61:630. 
Apr. 24, 1928 
428 
45:457 
1171a. 
May 23,1930. 
313 
46:377 
1171b. 
Feb. 4,1919.- 
— 13 
40:1055 
1172. 
May 10,1920 
178 
41:695 
1173. 
Aug. 11,1921 
- 
62 
42:159 
1175. 
May 19,1926 
337 
44:566 
1176. 
Feb. 14,1931 
170 
46:1106 
1177. 
7. Alaska Special Laws: 
Mar. 3,1891 
561 
11 
26:1099. 
732. 
May 25,1926 
379 
44:629 
733-736. 
May 29,1963 
P.L. 88-34 
77:62 
July 24,1947 
305.— 
61:414 
738. 
Aug. 17, 1961 
P.L. 87-147 
75:384 
270-13. 
Oct. 3,1962 
P.L. 87-742 
76: 740 
July 19, 1963 
P.L. 86-66 
77:80. 
687b-S. 
May 14,1898 
- 299 
1 - 
30:409 
270. 
Mar. 3,1903 
1002 
32:1028 
Apr. 29,1950 
- 
137..- 
1 
64:94 
Aug. 3, 1955 
496.. 
69:444 
270, 687ar-2. 
Apr. 29, 1950 
137 
2 ^ 
64:96 
270^,260-6, 
270-7, 687a-l. 
July 11,1956 
671 
- 
2 
70:629 
270-7. 
July 8,1916 
- 
228 
^ 
39:352 
270-8,270-9. 
June 28,1918 
-.- 
110 
40:632 
270-10,270-14. 
July 11,1956- 
571 
1 
70:528 
8. Alaska Settlement Laws: 
Mar. 8,1922 
96 
1 
42:416 
270-11. 
Aug. 23,1958 
P.L. 85-726.... 1,4 
72:730. 
Apr. 13,1926 
121 
44:243 
270-16. 
Apr. 29,1950 
134 
3 
64:93 
270-16,270-17. 
May 14,1898 
299 
10 
30:413 
270-4, 687a to 
687ar6. 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2791 
Act of 
Chapter 
Section 
Statute at 
Large 
43 U.S. Code 
Mar. 3,1927 
323 
44:1364 
May 26,1934 
357 
48:809 
Aug. 23,1958 
P.L. 85-725.— 3 
72: 730 
Mar. 3,1891 
561 
13 
26:1100 
687a-6. 
Aug. 30, 1949 
521. 
63:679 
687b to 687b-4. 
9. Pittman Underground Water Act: 
Sept. 22,1922. 
400 
42:1012 
356. 
(c) Effective on and after the tenth anniversary of the date of 
approval of this Act, section 2 of the Act of March 8, 1922 (42 Stat. 
415, 416), as amended by section 2 of the Act of ^August 23, 1958 (72 
Stat. 730), is further amended to read: 
"The coal, oil, or gas deposits reserved to the United States in 
accordance with the Act of March 8, 1922 (42 Stat. 415; 43 U.S.C. 
270-11 et seq.), as added to by the Act of August 17, 1961 (75 Stat. 
384; 43 U.S.C. 270-13), and amended by the Act of October 3, 1962 
(76 Stat. 740; 43 U.S.C. 270-13), shall be subject to disposal by the 
United States in accordance with the provisions of the laws appli-
cable to coal, oil, or gas deposits or coal, oil, or gas lands in Alaska 
in force at the time of such disposal. Any person qualified to acquire 
coal, oil, or gas deposits, or the right to mine or remove the coal or 
to drill for and remove the oil or gas under the laws of the United 
States shall have the right at all times to enter upon the lands pat-
ented under the Act of March 8, 1922, as amended, and in accordance 
with the provisions hereof, for the purpose of prospecting for coal, 
oil, or gas therein, upon the approval by the Secretary of the Interior 
of a bond or undertaking to be filed with him as security for the pay-
ment of all damages to the crops and improvements on such lands by 
reason of such prospecting. Any person who has acquired from the 
United States the coal, oil, or gas deposits in any such land, or the 
right to mine, drill for, or remove the same, may reenter and occupy 
so much of the surface thereof incident to the mining and removal 
of the coal, oil, or gas therefrom, and mine and remove the coal or 
drill for and remove oil and gas upon payment of the damages caused 
thereby to the owner thereof, or upon giving a good and sufficient bond 
or undertaking in an action instituted in any competent court to ascer-
tain and fix said damages: Provided^ That the owner under such 
limited patent shall have the right to mine the coal for use on the 
land for domestic purposes at any time prior to the disposal by the 
United States of the coal deposits: Provided further, That nothing 
in this Act shall be construed as authorizing the exploration upon or 
entry of any coal deposits withdrawn from such exploration and 
purchase.". 
(d) Section 3 of the Act of August 30,1949 (63 Stat. 679; 43 U.S.C. 
687b et seq.), is amended to read: ' 
"Notwithstanding the provisions of any Act of Congress to the 
contrary, any person who prospects for, mines, or removes any min-
erals from any land disposed of under the Act of August 30, 1949 
(63 Stat. 679), shall be liable for any damage that may be caused to 
the value of the land and tangible improvements thereon by such 
prospecting for, mining, or removal of minerals. Nothing in this 
section shall be construed to impair any vested right in existence on 
August 30, 1949.". 
Effective 
date. 
43 u s e 270-12, 
270-12 note. 
Coal, oil, or 
gas deposits, 
disposal. 
Alaskan lands, 
damage liability. 
43 u s e 687b-2. 
90 STAT. 2792 
PUBLIC LAW 94-579--0CT. 21, 1976 
Effective 
date. 
REPEAL OF WITHDRAWAL LAWS 
Sec. 704. (a) Effective on and after the date of approval of this 
Act, the implied authority of the President to make withdrawals and 
reservations resulting from acquiescence of the Congress (U.S. v. Mid-
west Oil Co., 236 U.S. 459) and the following statutes and parts of 
statutes are repealed: 
Act of 
Chapter 
Section 
Statute at 
Large 
43 U.S. Code 
Oct. 2,1888 
1069 
25:527 
662. 
Only the following portion under the section headed'U.S. Geological Survey: The last sentence of the 
paragraph relating to investigation of irrigable lands in the arid region, including the proviso at the end 
thereof. 
Mar. 3,1891 
- 
- 
561 
24 
26:1103 
16 U.S.C. 471. 
Mar. 1,1893-— 
- 
183 
21 
27:510. 
33 U.S.C. 681. 
Aug. 18,1894 
- 301 
4 
28:422 
641. 
Only that portion of the first sentence of the second paragraph beginning with "and the Secretary of 
the Interior" and ending with "shall not be approved.' 
May 14,1898 
- 
- 299 
10 
30:413 
687a-4. 
Only the fifth proviso of the first paragraph. 
June 17,1902 
1093.— 
3. 
32:388 
416. 
Only that portion of section three preceding the first proviso. 
Apr. 16,1906 
- 
— 1631 
1 
j. 
34:116 
561. 
Only the words "withdraw from public entry any lands needed for townsite purposes", and also after 
the word "case", the word "and". 
June 27,1906 
3559 
4 
34:520. 
561. 
Only the words "withdraw and". 
Mar. 15,1910 
96 
36:237. 
643. 
June25,1910- 
421 
1,2 
36:847 
141, 142, 16 U.S.C. 
471(a). 
All except the second and third provisos. 
June 25,1910 
- 
431 
13 
36:858 
148. 
Mar. 12,1914 
- 
37 
1 
38:305 
975b. 
Only that portion which authorizes the President to withdraw, locate, and dispose of lands for 
townsites. 
Oct. 5,1914 
316 
1 
38:727. 
569(a). 
June 9,1916 
137. 
2 
39:219 
Under "Class One," only the words "withdrawal and." 
Dec. 29,1916- 
- 
9 
10- 
39:865 
300. 
June 7,1924- 
348 
9 
43:655 
16 U.S.C. 471. 
Aug. 19,1935 
- 
561 
- 
"Sec. 4" 
49:661 
22 U.S.C. 277c. 
In "Sec. 4", only paragraph "c" except the proviso thereof. 
Mar. 3,1927 
299 
4 
44:1347 
25 U.S.C. 398d. 
Only the proviso thereof. 
May 24,1928 
729 
4 
45:729.. 
49 U.S.C. 214. 
Dec. 21,1928 
42 
9 
45:1063 
617h. 
Mar. 6,1946 
58 
69:36 
617h. 
First sentence only. 
June 16,1934.— 
557 
"Sec. 40(a)"... 48:977. 
30 U.S.C. 229a. 
The proviso only. 
May 1,1936 
254 
2 
49:1250. 
May 31,1938 
304 
52:593 
25 U.S.C. 497. 
July 20,1939 
- 
334 
53:1071 
16 U.S.C. 471b. 
May 28,1940 
- 
— 220 
1 
54:224 
16 U.S.C. 552a. 
All except the second proviso. 
Apr. 11,1956 
203 
8 
70:110. 
620B. 
Only the words "and to withdraw public lands from entry or other disposition under the public land 
Aug. 10,1956 
Chapter 949-. 9772 
70A: 588 
10 U.S.C. 4472, 
9772. 
Aug. 16,1952 
P.L. 87-590. 
4 
76:389 
616c. 
Only the words "and to withdraw public lands from entry or other disposition under the public land 
laws." 
(b) The second sentence of the Act of March 6, 1946 (60 Stat. 36; 
43 use 617h. 
43 U.S.C. 617(h)), is amended by deleting "Thereafter, at the direc-
tion of the Secretary of the Interior, such lands" and by substituting 
therefor the following: "Lands found to be practicable of irrigation 
and reclamation by irrigation works and withdrawn undej* the Act 
of March 6, 1946 (43 U.S.C. 617(h))». 
Effective 
date. 
REPEAL o r LAW RELATING TO ADMINISTRATION OF PUBLIC LANDS 
SEC 705. (a) Effective on and after the date of approval of this 
Act, the following statutes or parts of statutes are repealed: 
PUBLIC LAW 94-579—OCT. 21, 1976 
90 STAT. 2793 
statute at 
Act of 
Chapter 
Section 
Large 
43 U.S. Code 
1. Mar. 2,1895 
174 
28: 744 
176. 
2. June 28,1934 
865 
8 
48:1272 
315g. 
June 26,1936 
842 
3 
49:1976, title I. 
June 19, 1948 
- 
548—- 
1 
62:533 
July 9, 1962 
P.L. 87-524 
76: 140 
315g-l. 
3. Aug. 24, 1937 
744 
50:748 
315p. 
4. Mar. 3,1909 
271 
2d proviso 
35:845 
772. 
only. 
June 25,1910 
J. Res. 40 
36: 884 
6. June 21,1934 
689 
48:1185 
871a. 
6. Revised Statute 2447 
1151. 
Revised Statute 2448 
1152. 
7. June6,1874 
223 
18:62 
1153; 1154. 
8. Jan. 28, 1879 
30 
20:274 
1155. 
9. May 30,1894 
87. 
28:84 
1156. 
10. Revised Statute 2471 
1191. 
Revised Statute 2472 
1192. 
Revised Statute 2473 
1193. 
11. July 14, 1960 
P.L. 86-649--. 101-202(a), 
74: 506 
1361,1362,1363-
203-204(a), 
1383. 
301—303 
12. Sept. 26,1970 
P.L. 91-429 
..'- 
84: 885 
1362a. 
13. July 31,1939 
401 
1 , 2 . . . 
63:1144 
REPEAL OF L A W S RELATING TO 
R I G H T S - O F - W A Y 
SEC. 706. (a) Effective on and after the date of approval of this Effective 
Act, R.S. 2477 (43 U.S.C. 932) is repealed in its entirety and the fol- date, 
lowing statutes or parts of statutes are repealed insofar as they apply 
to the issuance of rights-of-way over, upon, under, and through the 
public lands and lands in the National Forest System: 
Statute at 
Act of 
Chapter 
Section 
Large 
43 U.S. Code 
Revised Statutes 2339 
661, 
The following words only: "and the right-of-way for the construction of ditches and canals for the pur-
pose herein specified is acknowledged and confirmed: but whenever any person, in the construction of 
any ditch or canal, Injvures or damt^es the possession of any settler on the pubUc domain, the party com-
mitting such injury or damages shall be liable to the party injured for such injury or damage." 
Revised Statutes 2340 
661. 
The following words only: ", or rights to ditches and reservoirs used in connection with such water 
rights," 
Feb. 26, 1897 
335 
29:599 
664. 
Mar. 3,1899. 
427 
1. 
30:1233 
665,958, (16 U.S.C. 
525). 
The following words only: "that in the form provided by existing law the Secretary of the Interior may 
file and approve siu-veys and plots of any right-of-way for a wagon road, railroad, or other highway over 
and across any forest reservation or reservoirs site when in his judgment the public interests will not be 
injuriously aflected thereby." 
Mar. 3,1875 
152 
18:482 
934-939. 
May 14, 1898 
299 
2-9 
30:409 
942-1 to 942-9. 
Feb. 27,1901 
614 
31:815 
943. 
June 26,1906. 
3548^ 
34:481 
944. 
Mar. 3,1891- 
561 
18-21 
26:1101 
946-949. 
Mar. 4, 1917. 
184 
1 
39:1197 
May 28,1926 
409 
44:668 
Mar. 1,1921. 
93. 
41:1194 
950. 
Jan. 13,1897 
IL 
20:484 
952-955. 
Mar. 3, 1923... 
219 
42:1437 
Jan. 21, 1895 
37. 
28:635 
951,956,957. 
May 14,1896 
179 
29:120 
May 11,1898 
292 
30:404 
Mar. 4,1917. 
184 
2 
39:1197 
Feb. 15,1901 
372 
31:790 
959 (16 U.S.C. 79, 
522). 
Mar. 4,1911. 
. . - 
. . . . 2 3 8 . 
36:1253 
951 (16 U.S.C. 5, 
420, 523). 
Only the last two paragraphs under the subheading "Improvement of the National Forests" under the 
healing "Forest Service." 
May 27, 1952 
338 
66:95 
May 21,1896 
212 
29:127 
962-965. 
Apr. 12,1910 
155 
36:296 
966-970. 
June 4,1897 
2 . . . . 
1 
30:35 
16 U.S.C. 551. 
Only the eleventh paragraph under Surveying the public lands. 
July 22,1937 
517 
3 1 , 3 2 . . . 
50:525 
7 U.S.C. lOlO-
1012. 
Sept. 3,1954... 
1255. 
1 
68:1146 
931c. 
July7,1960 
PublicLaw 
74:363 
40 U.S.C. 345c. 
86-608. 
Oct. 23,1962 
PublicLaw 
1-3 
76:1129 
40 U.S.C. 319-
87-852. 
319c. 
Feb. 1,1905. 
288 
4 
33:628 
16 U.S.C. 524. 
90 STAT. 2794 
PUBLIC LAW 94-579—OCT. 21, 1976 
43 use 1701 
(b) Nothing in section 706 (a), except as it pertains to rights-of-way, 
°"t«- 
may be construed as affecting the authority of the Secretary of Agri-
culture 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, 
43U.S.C.931C). 
SEVERABILITY 
43 use 1701 
SEC. 707. If any provision of this Act or the application thereof is 
note. 
jield invalid, the remainder of the Act and the application thereof 
shall not be affected thereby. 
Approved October 21, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-1163 accompanying H.R. 13777 (Coram, on Interior and 
Insular Affairs) and No. 94-1724 (Comm. of Conference). 
SENATE REPORT No. 94-583 (Comm. on Interior and Insular Affairs). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
Feb. 23, 25, considered and passed Senate. 
July 22, considered and passed House, amended, in lieu of H.R. 13777. 
Sept. 30, House agreed to conference report. 
Oct. 1, Senate agreed to conference report.