FLPMA
FLPMA
Federal Land
Policy And Management Act of 1976
SUBCHAPTER I -
GENERAL PROVISIONS
Sec. 1701.
Congressional declaration of policy
- (a) The Congress declares that it
is the policy of the United
States that -
- (1) the public lands be
retained in Federal
ownership, unless as a
result of the land use
planning procedure
provided for in this Act,
it is determined that
disposal of a particular
parcel will serve the
national interest;
- (2) the national interest
will be best realized if
the public lands and
their resources are
periodically and
systematically
inventoried and their
present and future use is
projected through a land
use planning process
coordinated with other
Federal and State
planning efforts;
- (3) public lands not
previously designated for
any specific use and all
existing classifications
of public lands that were
effected by executive
action or statute before
October 21, 1976, be
reviewed in accordance
with the provisions of
this Act;
- (4) the Congress exercise
its constitutional
authority to withdraw or
otherwise designate or
dedicate Federal lands
for specified purposes
and that Congress
delineate the extent to
which the Executive may
withdraw lands without
legislative action;
- (5) in administering
public land statutes and
exercising discretionary
authority granted by
them, the Secretary be
required to establish
comprehensive rules and
regulations after
considering the views of
the general public; and
to structure adjudication
procedures to assure
adequate third party
participation, objective
administrative review of
initial decisions, and
expeditious
decisionmaking;
- (6) judicial review of
public land adjudication
decisions be provided by
law;
- (7) goals and objectives
be established by law as
guidelines for public
land use planning, and
that management be on the
basis of multiple use and
sustained yield unless
otherwise specified by
law;
- (8) the public lands be
managed in a manner that
will protect the quality
of scientific, scenic,
historical, ecological,
environmental, air and
atmospheric, water
resource, and
archeological values;
that, where appropriate,
will preserve and protect
certain public lands in
their natural condition;
that will provide food
and habitat for fish and
wildlife and domestic
animals; and that will
provide for outdoor
recreation and human
occupancy and use;
- (9) the United States
receive fair market value
of the use of the public
lands and their resources
unless otherwise provided
for by statute;
- (10) uniform procedures
for any disposal of
public land, acquisition
of non-Federal land for
public purposes, and the
exchange of such lands be
established by statute,
requiring each disposal,
acquisition, and exchange
to be consistent with the
prescribed mission of the
department or agency
involved, and reserving
to the Congress review of
disposals in excess of a
specified acreage;
- (11) regulations and
plans for the protection
of public land areas of
critical environmental
concern be promptly
developed;
- (12) the public lands be
managed in a manner which
recognizes the Nation's
need for domestic sources
of minerals, food,
timber, and fiber from
the public lands
including implementation
of the Mining and
Minerals Policy Act of
1970 (84 Stat. 1876, 30
U.S.C. 21a) as it
pertains to the public
lands; and
- (13) the Federal
Government should, on a
basis equitable to both
the Federal and local
taxpayer, provide for
payments to compensate
States and local
governments for burdens
created as a result of
the immunity of Federal
lands from State and
local taxation.
Sec. 1702.
Definitions
Without altering in any way the
meaning of the following terms as used in
any other statute, whether or not such
statute is referred to in, or amended by,
this Act, as used in this Act -
- (a) The term ''areas of critical
environmental concern'' means
areas within the public lands
where special management
attention is required (when such
areas are developed or used or
where no development is required)
to protect and prevent
irreparable damage to important
historic, cultural, or scenic
values, fish and wildlife
resources or other natural
systems or processes, or to
protect life and safety from
natural hazards.
- (b) The term ''holder'' means any
State or local governmental
entity, individual, partnership,
corporation, association, or
other business entity receiving
or using a right-of-way under
subchapter V of this chapter.
- (c) The term ''multiple use''
means the management of the
public lands and their various
resource values so that they are
utilized in the combination that
will best meet the present and
future needs of the American
people; making the most judicious
use of the land for some or all
of these resources or related
services over areas large enough
to provide sufficient latitude
for periodic adjustments in use
to conform to changing needs and
conditions; the use of some land
for less than all of the
resources; a combination of
balanced and diverse resource
uses that takes into account the
long-term needs of future
generations for renewable and
nonrenewable resources,
including, but not limited to,
recreation, range, timber,
minerals, watershed, wildlife and
fish, and natural scenic,
scientific and historical values;
and harmonious and coordinated
management of the various
resources without permanent
impairment of the productivity of
the land and the quality of the
environment with consideration
being given to the relative
values of the resources and not
necessarily to the combination of
uses that will give the greatest
economic return or the greatest
unit output.
- (d) The term ''public
involvement'' means the
opportunity for participation by
affected citizens in rulemaking,
decisionmaking, and planning with
respect to the public lands,
including public meetings or
hearings held at locations near
the affected lands, or advisory
mechanisms, or such other
procedures as may be necessary to
provide public comment in a
particular instance.
- (e) The term ''public lands''
means any land and interest in
land owned by the United States
within the several States and
administered by the Secretary of
the Interior through the Bureau
of Land Management, without
regard to how the United States
acquired ownership, except -
- (1) lands located on the
Outer Continental Shelf;
and
- (2) lands held for the
benefit of Indians,
Aleuts, and Eskimos.
- (f) The term ''right-of-way''
includes an easement, lease,
permit, or license to occupy,
use, or traverse public lands
granted for the purpose listed in
subchapter V of this chapter.
- (g) The term ''Secretary'',
unless specifically designated
otherwise, means the Secretary of
the Interior.
- (h) The term ''sustained yield''
means the achievement and
maintenance in perpetuity of a
high-level annual or regular
periodic output of the various
renewable resources of the public
lands consistent with multiple
use.
- (i) The term ''wilderness'' as
used in section 1782
of this title shall have the same
meaning as it does in section
1131 (c) of title 16.
- (j) The term
''withdrawal'' means
withholding an area of
Federal land from
settlement, sale,
location, or entry, under
some or all of the
general land laws, for
the purpose of limiting
activities under those
laws in order to maintain
other public values in
the area or reserving the
area for a particular
public purpose or
program; or transferring
jurisdiction over an area
of Federal land, other
than ''property''
governed by the Federal
Property and
Administrative Services
Act, as amended (40
U.S.C. 472) from one
department, bureau or
agency to another
department, bureau or
agency.
- (k) An ''allotment
management plan'' means a
document prepared in
consultation with the
lessees or permittees
involved, which applies
to livestock operations
on the public lands or on
lands within National
Forests in the eleven
contiguous Western States
and which:
- (1) prescribes the
manner in, and extent to,
which livestock
operations will be
conducted in order to
meet the multiple-use,
sustained-yield, economic
and other needs and
objectives as determined
for the lands by the
Secretary concerned; and
- (2) describes the
type, location,
ownership, and general
specifications for the
range improvements to be
installed and maintained
on the lands to meet the
livestock grazing and
other objectives of land
management; and
- (3) contains such
other provisions relating
to livestock grazing and
other objectives found by
the Secretary concerned
to be consistent with the
provisions of this Act
and other applicable law.
- (l) The term ''principal
or major uses'' includes,
and is limited to,
domestic livestock
grazing, fish and
wildlife development and
utilization, mineral
exploration and
production,
rights-of-way, outdoor
recreation, and timber
production.
- (m) The term
''department'' means a
unit of the executive
branch of the Federal
Government which is
headed by a member of the
President's Cabinet and
the term ''agency'' means
a unit of the executive
branch of the Federal
Government which is not
under the jurisdiction of
a head of a department.
- (n) The term ''Bureau
means the Bureau of Land
Management.
- (o) The term ''eleven
contiguous Western
States'' means the States
of Arizona, California,
Colorado, Idaho, Montana,
Nevada, New Mexico,
Oregon, Utah, Washington,
and Wyoming.
- (p) The term ''grazing
permit and lease'' means
any document authorizing
use of public lands or
lands in National Forests
in the eleven contiguous
western States for the
purpose of grazing
domestic livestock.
- (b) The policies of this Act
shall become effective only as
specific statutory authority for
their implementation is enacted
by this Act or by subsequent
legislation and shall then be
construed as supplemental to and
not in derogation of the purposes
for which public lands are
administered under other
provisions of law.
SUBCHAPTER II -
LAND USE PLANNING AND LAND ACQUISITION
AND DISPOSITION
Sec. 1711.
Continuing inventory and identification
of public lands; preparation and
maintenance
- (a) The Secretary shall prepare
and maintain on a continuing
basis an inventory of all public
lands and their resource and
other values (including, but not
limited to, outdoor recreation
and scenic values), giving
priority to areas of critical
environmental concern. This
inventory shall be kept current
so as to reflect changes in
conditions and to identify new
and emerging resource and other
values. The preparation and
maintenance of such inventory or
the identification of such areas
shall not, of itself, change or
prevent change of the management
or use of public lands.
- (b) As funds and manpower are
made available, the Secretary
shall ascertain the boundaries of
the public lands; provide means
of public identification thereof
including, where appropriate,
signs and maps; and provide State
and local governments with data
from the inventory for the
purpose of planning and
regulating the uses of
non-Federal lands in proximity of
such public lands.
Sec. 1712.
Land use plans
- (a) Development, maintenance, and
revision by Secretary The
Secretary shall, with public
involvement and consistent with
the terms and conditions of this
Act, develop, maintain, and, when
appropriate, revise land use
plans which provide by tracts or
areas for the use of the public
lands. Land use plans shall be
developed for the public lands
regardless of whether such lands
previously have been classified,
withdrawn, set aside, or
otherwise designated for one or
more uses.
- (b) Coordination of plans for
National Forest System lands with
Indian land use planning and
management programs for purposes
of development and revision In
the development and revision of
land use plans, the Secretary of
Agriculture shall coordinate land
use plans for lands in the
National Forest System with the
land use planning and management
programs of and for Indian tribes
by, among other things,
considering the policies of
approved tribal land resource
management programs.
- (c) Criteria for development and
revision In the development and
revision of land use plans, the
Secretary shall -
- (1) use and observe the
principles of multiple
use and sustained yield
set forth in this and
other applicable law;
- (2) use a systematic
interdisciplinary
approach to achieve
integrated consideration
of physical, biological,
economic, and other
sciences;
- (3) give priority to the
designation and
protection of areas of
critical environmental
concern;
- (4) rely, to the extent
it is available, on the
inventory of the public
lands, their resources,
and other values;
- (5) consider present and
potential uses of the
public lands;
- (6) consider the relative
scarcity of the values
involved and the
availability of
alternative means
(including recycling) and
sites for realization of
those values;
- (7) weigh long-term
benefits to the public
against short-term
benefits;
- (8) provide for
compliance with
applicable pollution
control laws, including
State and Federal air,
water, noise, or other
pollution standards or
implementation plans; and
- (9) to the extent
consistent with the laws
governing the
administration of the
public lands, coordinate
the land use inventory,
planning, and management
activities of or for such
lands with the land use
planning and management
programs of other Federal
departments and agencies
and of the States and
local governments within
which the lands are
located, including, but
not limited to, the
statewide outdoor
recreation plans
developed under the Act
of September 3, 1964 (78
Stat. 897), as amended
(16 U.S.C. 460l-4 et
seq.), and of or for
Indian tribes by, among
other things, considering
the policies of approved
State and tribal land
resource management
programs. In implementing
this directive, the
Secretary shall, to the
extent he finds
practical, keep apprised
of State, local, and
tribal land use plans;
assure that consideration
is given to those State,
local, and tribal plans
that are germane in the
development of land use
plans for public lands;
assist in resolving, to
the extent practical,
inconsistencies between
Federal and non-Federal
Government plans, and
shall provide for
meaningful public
involvement of State and
local government
officials, both elected
and appointed, in the
development of land use
programs, land use
regulations, and land use
decisions for public
lands, including early
public notice of proposed
decisions which may have
a significant impact on
non-Federal lands. Such
officials in each State
are authorized to furnish
advice to the Secretary
with respect to the
development and revision
of land use plans, land
use guidelines, land use
rules, and land use
regulations for the
public lands within such
State and with respect to
such other land use
matters as may be
referred to them by him.
Land use plans of the
Secretary under this
section shall be
consistent with State and
local plans to the
maximum extent he finds
consistent with Federal
law and the purposes of
this Act.
- (d) Review and inclusion of
classified public lands; review
of existing land use plans;
modification and termination of
classifications Any
classification of public lands or
any land use plan in effect on
October 21, 1976, is subject to
review in the land use planning
process conducted under this
section, and all public lands,
regardless of classification, are
subject to inclusion in any land
use plan developed pursuant to
this section. The Secretary may
modify or terminate any such
classification consistent with
such land use plans.
- (e) Management decisions for
implementation of developed or
revised plans The Secretary may
issue management decisions to
implement land use plans
developed or revised under this
section in accordance with the
following:
- (1) Such decisions,
including but not limited
to exclusions (that is,
total elimination) of one
or more of the principal
or major uses made by a
management decision shall
remain subject to
reconsideration,
modification, and
termination through
revision by the Secretary
or his delegate, under
the provisions of this
section, of the land use
plan involved.
- (2) Any management
decision or action
pursuant to a management
decision that excludes
(that is, totally
eliminates) one or more
of the principal or major
uses for two or more
years with respect to a
tract of land of one
hundred thousand acres or
more shall be reported by
the Secretary to the
House of Representatives
and the Senate. If within
ninety days from the
giving of such notice
(exclusive of days on
which either House has
adjourned for more than
three consecutive days),
the Congress adopts a
concurrent resolution of
nonapproval of the
management decision or
action, then the
management decision or
action shall be promptly
terminated by the
Secretary. If the
committee to which a
resolution has been
referred during the said
ninety day period, has
not reported it at the
end of thirty calendar
days after its referral,
it shall be in order to
either discharge the
committee from further
consideration of such
resolution or to
discharge the committee
from consideration of any
other resolution with
respect to the management
decision or action. A
motion to discharge may
be made only by an
individual favoring the
resolution, shall be
highly privileged (except
that it may not be made
after the committee has
reported such a
resolution), and debate
thereon shall be limited
to not more than one
hour, to be divided
equally between those
favoring and those
opposing the resolution.
An amendment to the
motion shall not be in
order, and it shall not
be in order to move to
reconsider the vote by
which the motion was
agreed to or disagreed
to. If the motion to
discharge is agreed to or
disagreed to, the motion
may not be made with
respect to any other
resolution with respect
to the same management
decision or action. When
the committee has
reprinted, or has been
discharged from further
consideration of a
resolution, it shall at
any time thereafter be in
order (even though a
previous motion to the
same effect has been
disagreed to) to move to
proceed to the
consideration of the
resolution. The motion
shall be highly
privileged and shall not
be debatable. An
amendment to the motion
shall not be in order,
and it shall not be in
order to move to
reconsider the vote by
which the motion was
agreed to or disagreed
to.
- (3) Withdrawals made
pursuant to section 1714 of
this title may be used in
carrying out management
decisions, but public
lands shall be removed
from or restored to the
operation of the Mining
Law of 1872, as amended
(R.S. 2318-2352; 30
U.S.C. 21 et seq.) or
transferred to another
department, bureau, or
agency only by withdrawal
action pursuant to
section 1714
of this title or other
action pursuant to
applicable law: Provided,
That nothing in this
section shall prevent a
wholly owned Government
corporation from
acquiring and holding
rights as a citizen under
the Mining Law of 1872.
- (f) Procedures applicable to
formulation of plans and programs
for public land management The
Secretary shall allow an
opportunity for public
involvement and by regulation
shall establish procedures,
including public hearings where
appropriate, to give Federal,
State, and local governments and
the public, adequate notice and
opportunity to comment upon and
participate in the formulation of
plans and programs relating to
the management of the public
lands.
Sec. 1713.
Sales of public land tracts
- (a) Criteria for disposal;
excepted lands A tract of the
public lands (except land in
units of the National Wilderness
Preservation System, National
Wild and Scenic Rivers Systems,
and National System of Trails)
may be sold under this Act where,
as a result of land use planning
required under section 1712 of this
title, the Secretary determines
that the sale of such tract meets
the following disposal criteria:
- (1) such tract because of
its location or other
characteristics is
difficult and uneconomic
to manage as part of the
public lands, and is not
suitable for management
by another Federal
department or agency; or
- (2) such tract was
acquired for a specific
purpose and the tract is
no longer required for
that or any other Federal
purpose; or
- (3) disposal of such
tract will serve
important public
objectives, including but
not limited to, expansion
of communities and
economic development,
which cannot be achieved
prudently or feasibly on
land other than public
land and which outweigh
other public objectives
and values, including,
but not limited to,
recreation and scenic
values, which would be
served by maintaining
such tract in Federal
ownership.
- (b) Conveyance of land of
agricultural value and desert in
character Where the Secretary
determines that land to be
conveyed under clause (3) of
subsection (a) of this section is
of agricultural value and is
desert in character, such land
shall be conveyed either under
the sale authority of this
section or in accordance with
other existing law.
- (c) Congressional approval
procedures applicable to tracts
in excess of two thousand five
hundred acres Where a tract of
the public lands in excess of two
thousand five hundred acres has
been designated for sale, such
sale may be made only after the
end of the ninety days (not
counting days on which the House
of Representatives or the Senate
has adjourned for more than three
consecutive days) beginning on
the day the Secretary has
submitted notice of such
designation to the Senate and the
House of Representatives, and
then only if the Congress has not
adopted a concurrent resolution
stating that such House does not
approve of such designation. If
the committee to which a
resolution has been referred
during the said ninety day
period, has not reported it at
the end of thirty calendar days
after its referral, it shall be
in order to either discharge the
committee from further
consideration of such resolution
or to discharge the committee
from consideration of any other
resolution with respect to the
designation. A motion to
discharge may be made only by an
individual favoring the
resolution, shall be highly
privileged (except that it may
not be made after the committee
has reported such a resolution),
and debate thereon shall be
limited to not more than one
hour, to be divided equally
between those favoring and those
opposing the resolution. An
amendment to the motion shall not
be in order, and it shall not be
in order to move to reconsider
the vote by which the motion was
agreed to or disagreed to. If the
motion to discharge is agreed to
or disagreed to, the motion may
not be made with respect to any
other resolution with respect to
the same designation. When the
committee has reprinted, or has
been discharged from further
consideration of a resolution, it
shall at any time thereafter be
in order (even though a previous
motion to the same effect has
been disagreed to) to move to
proceed to the consideration of
the resolution. The motion shall
be highly privileged and shall
not be debatable. An amendment to
the motion shall not be in order,
and it shall not be in order to
move to reconsider the vote by
which the motion was agreed to or
disagreed to.
- (d) Sale price Sales of public
lands shall be made at a price
not less than their fair market
value as determined by the
Secretary.
- (e) Maximum size of tracts The
Secretary shall determine and
establish the size of tracts of
public lands to be sold on the
basis of the land use
capabilities and development
requirements of the lands; and,
where any such tract which is
judged by the Secretary to be
chiefly valuable for agriculture
is sold, its size shall be no
larger than necessary to support
a family-sized farm.
- (f) Competitive bidding
requirements Sales of public
lands under this section shall be
conducted under competitive
bidding procedures to be
established by the Secretary.
However, where the Secretary
determines it necessary and
proper in order (1) to assure
equitable distribution among
purchasers of lands, or (2) to
recognize equitable
considerations or public
policies, including but not
limited to, a preference to
users, he may sell those lands
with modified competitive bidding
or without competitive bidding.
In recognizing public policies,
the Secretary shall give
consideration to the following
potential purchasers:
- (1) the State in which
the land is located;
- (2) the local government
entities in such State
which are in the vicinity
of the land;
- (3) adjoining landowners;
- (4) individuals; and
- (5) any other person.
- (g) Acceptance or rejection of
offers to purchase The Secretary
shall accept or reject, in
writing, any offer to purchase
made through competitive bidding
at his invitation no later than
thirty days after the receipt of
such offer or, in the case of a
tract in excess of two thousand
five hundred acres, at the end of
thirty days after the end of the
ninety-day period provided in
subsection (c) of this section,
whichever is later, unless the
offeror waives his right to a
decision within such thirty-day
period. Prior to the expiration
of such periods the Secretary may
refuse to accept any offer or may
withdraw any land or interest in
land from sale under this section
when he determines that
consummation of the sale would
not be consistent with this Act
or other applicable law.
Sec. 1714.
Withdrawals of lands
- (a) Authorization and limitation;
delegation of authority On and
after the effective date of this
Act the Secretary is authorized
to make, modify, extend, or
revoke withdrawals but only in
accordance with the provisions
and limitations of this section.
The Secretary may delegate this
withdrawal authority only to
individuals in the Office of the
Secretary who have been appointed
by the President, by and with the
advice and consent of the Senate.
- (b) Application and procedures
applicable subsequent to
submission of application
- (1) Within thirty days of
receipt of an application
for withdrawal, and
whenever he proposes a
withdrawal on his own
motion, the Secretary
shall publish a notice in
the Federal Register
stating that the
application has been
submitted for filing or
the proposal has been
made and the extent to
which the land is to be
segregated while the
application is being
considered by the
Secretary. Upon
publication of such
notice the land shall be
segregated from the
operation of the public
land laws to the extent
specified in the notice.
The segregative effect of
the application shall
terminate upon (a)
rejection of the
application by the
Secretary, (b) withdrawal
of lands by the
Secretary, or (c) the
expiration of two years
from the date of the
notice.
- (2) The publication
provisions of this
subsection are not
applicable to withdrawals
under subsection (e)
hereof.
- (c) Congressional approval
procedures applicable to
withdrawals aggregating five
thousand acres or more
- (1) On and after October
21, 1976, a withdrawal
aggregating five thousand
acres or more may be made
(or such a withdrawal or
any other withdrawal
involving in the
aggregate five thousand
acres or more which
terminates after such
date of approval may be
extended) only for a
period of not more than
twenty years by the
Secretary on his own
motion or upon request by
a department or agency
head. The Secretary shall
notify both Houses of
Congress of such a
withdrawal no later than
its effective date and
the withdrawal shall
terminate and become
ineffective at the end of
ninety days (not counting
days on which the Senate
or the House of
Representatives has
adjourned for more than
three consecutive days)
beginning on the day
notice of such withdrawal
has been submitted to the
Senate and the House of
Representatives, if the
Congress has adopted a
concurrent resolution
stating that such House
does not approve the
withdrawal. If the
committee to which a
resolution has been
referred during the said
ninety day period, has
not reported it at the
end of thirty calendar
days after its referral,
it shall be in order to
either discharge the
committee from further
consideration of such
resolution or to
discharge the committee
from consideration of any
other resolution with
respect to the
Presidential
recommendation. A motion
to discharge may be made
only by an individual
favoring the resolution,
shall be highly
privileged (except that
it may not be made after
the committee has
reported such a
resolution), and debate
thereon shall be limited
to not more than one
hour, to be divided
equally between those
favoring and those
opposing the resolution.
An amendment to the
motion shall not be in
order, and it shall not
be in order to move to
reconsider the vote by
which the motion was
agreed to or disagreed
to. If the motion to
discharge is agreed to or
disagreed to, the motion
may not be made with
respect to any other
resolution with respect
to the same Presidential
recommendation. When the
committee has reprinted,
or has been discharged
from further
consideration of a
resolution, it shall at
any time thereafter be in
order (even though a
previous motion to the
same effect has been
disagreed to) to move to
proceed to the
consideration of the
resolution. The motion
shall be highly
privileged and shall not
be debatable. An
amendment to the motion
shall not be in order,
and it shall not be in
order to move to
reconsider the vote by
which the motion was
agreed to or disagreed
to.
- (2) With the notices
required by subsection
(c)(1) of this section
and within three months
after filing the notice
under subsection (e) of
this section, the
Secretary shall furnish
to the committees -
- (1) a clear explanation
of the proposed use of
the land involved which
led to the withdrawal;
- (2) an inventory and
evaluation of the current
natural resource uses and
values of the site and
adjacent public and
nonpublic land and how it
appears they will be
affected by the proposed
use, including
particularly aspects of
use that might cause
degradation of the
environment, and also the
economic impact of the
change in use on
individuals, local
communities, and the
Nation;
- (3) an identification of
present users of the land
involved, and how they
will be affected by the
proposed use;
- (4) an analysis of the
manner in which existing
and potential resource
uses are incompatible
with or in conflict with
the proposed use,
together with a statement
of the provisions to be
made for continuation or
termination of existing
uses, including an
economic analysis of such
continuation or
termination;
- (5) an analysis of the
manner in which such
lands will be used in
relation to the specific
requirements for the
proposed use;
- (6) a statement as to
whether any suitable
alternative sites are
available (including cost
estimates) for the
proposed use or for uses
such a withdrawal would
displace;
- (7) a statement of the
consultation which has
been or will be had with
other Federal departments
and agencies, with
regional, State, and
local government bodies,
and with other
appropriate individuals
and groups;
- (8) a statement
indicating the effect of
the proposed uses, if
any, on State and local
government interests and
the regional economy;
- (9) a statement of the
expected length of time
needed for the
withdrawal;
- (10) the time and place
of hearings and of other
public involvement
concerning such
withdrawal;
- (11) the place where the
records on the withdrawal
can be examined by
interested parties; and
- (12) a report prepared by
a qualified mining
engineer, engineering
geologist, or geologist
which shall include but
not be limited to
information on: general
geology, known mineral
deposits, past and
present mineral
production, mining
claims, mineral leases,
evaluation of future
mineral potential,
present and potential
market demands.
- (d) Withdrawals aggregating less
than five thousand acres;
procedure applicable A withdrawal
aggregating less than five
thousand acres may be made under
this subsection by the Secretary
on his own motion or upon request
by a department or an agency head
-
- (1) for such period of
time as he deems
desirable for a resource
use; or
- (2) for a period of not
more than twenty years
for any other use,
including but not limited
to use for administrative
sites, location of
facilities, and other
proprietary purposes; or
- (3) for a period of not
more than five years to
preserve such tract for a
specific use then under
consideration by the
Congress.
- (e) Emergency withdrawals;
procedure applicable; duration
When the Secretary determines, or
when the Committee on Natural
Resources of the House of
Representatives or the Committee
on Energy and Natural Resources
of the Senate notifies the
Secretary, that an emergency
situation exists and that
extraordinary measures must be
taken to preserve values that
would otherwise be lost, the
Secretary notwithstanding the
provisions of subsections (c)(1)
and
- (d) of this section, shall
immediately make a withdrawal and
file notice of such emergency
withdrawal with both of those
Committees. Such emergency
withdrawal shall be effective
when made but shall last only for
a period not to exceed three
years and may not be extended
except under the provisions of
subsection (c)(1) or (d),
whichever is applicable, and
(b)(1) of this section. The
information required in
subsection (c)(2) of this
subsection shall be furnished the
committees within three months
after filing such notice.
- (f) Review of existing
withdrawals and extensions;
procedure applicable to
extensions; duration All
withdrawals and extensions
thereof, whether made prior to or
after October 21, 1976, having a
specific period shall be reviewed
by the Secretary toward the end
of the withdrawal period and may
be extended or further extended
only upon compliance with the
provisions of subsection (c)(1)
or (d) of this section, whichever
is applicable, and only if the
Secretary determines that the
purpose for which the withdrawal
was first made requires the
extension, and then only for a
period no longer than the length
of the original withdrawal
period. The Secretary shall
report on such review and
extensions to the Committee on
Natural Resources of the House of
Representatives and the Committee
on Energy and Natural Resources
of the Senate.
- (g) Processing and adjudication
of existing applications All
applications for withdrawal
pending on October 21, 1976 shall
be processed and adjudicated to
conclusion within fifteen years
of October 21, 1976, in
accordance with the provisions of
this section. The segregative
effect of any application not so
processed shall terminate on that
date.
- (h) Public hearing required for
new withdrawals All new
withdrawals made by the Secretary
under this section (except an
emergency withdrawal made under
subsection (e) of this section)
shall be promulgated after an
opportunity for a public hearing.
- (i) Consent for withdrawal of
lands under administration of
department or agency other than
Department of the Interior In the
case of lands under the
administration of any department
or agency other than the
Department of the Interior, the
Secretary shall make, modify, and
revoke withdrawals only with the
consent of the head of the
department or agency concerned,
except when the provisions of
subsection (e) of this section
apply.
- (j) Applicability of
other Federal laws
withdrawing lands as
limiting authority The
Secretary shall not make,
modify, or revoke any
withdrawal created by Act
of Congress; make a
withdrawal which can be
made only by Act of
Congress; modify or
revoke any withdrawal
creating national
monuments under the Act
of June 8, 1906 (34 Stat.
225; 16 U.S.C. 431-433);
or modify, or revoke any
withdrawal which added
lands to the National
Wildlife Refuge System
prior to October 21,
1976, or which thereafter
adds lands to that System
under the terms of this
Act. Nothing in this Act
is intended to modify or
change any provision of
the Act of February 27,
1976 (90 Stat. 199; 16
U.S.C. 668dd(a)).
- (k) Authorization of
appropriations for
processing applications
There is hereby
authorized to be
appropriated the sum of
$10,000,000 for the
purpose of processing
withdrawal applications
pending on the effective
date of this Act, to be
available until expended.
- (l) Review of existing
withdrawals in certain
States; procedure
applicable for
determination of future
status of lands;
authorization of
appropriations
- (1) The Secretary
shall, within fifteen
years of October 21,
1976, review withdrawals
existing on October 21,
1976, in the States of
Arizona, California,
Colorado, Idaho, Montana,
Nevada, New Mexico,
Oregon, Utah, Washington,
and Wyoming of (1) all
Federal lands other than
withdrawals of the public
lands administered by the
Bureau of Land Management
and of lands which, on
October 21, 1976, were
part of Indian
reservations and other
Indian holdings, the
National Forest System,
the National Park System,
the National Wildlife
Refuge System, other
lands administered by the
Fish and Wildlife Service
or the Secretary through
the Fish and Wildlife
Service, the National
Wild and Scenic Rivers
System, and the National
System of Trails; and (2)
all public lands
administered by the
Bureau of Land Management
and of lands in the
National Forest System
(except those in
wilderness areas, and
those areas formally
identified as primitive
or natural areas or
designated as national
recreation areas) which
closed the lands to
appropriation under the
Mining Law of 1872 (17
Stat. 91, as amended; 30
U.S.C. 22 et seq.) or to
leasing under the Mineral
Leasing Act of 1920 (41
Stat. 437, as amended; 30
U.S.C. 181 et seq.).
- (2) In the review
required by paragraph (1)
of this subsection, the
Secretary shall determine
whether, and for how
long, the continuation of
the existing withdrawal
of the lands would be, in
his judgment, consistent
with the statutory
objectives of the
programs for which the
lands were dedicated and
of the other relevant
programs. The Secretary
shall report his
recommendations to the
President, together with
statements of concurrence
or nonconcurrence
submitted by the heads of
the departments or
agencies which administer
the lands. The President
shall transmit this
report to the President
of the Senate and the
Speaker of the House of
Representatives, together
with his recommendations
for action by the
Secretary, or for
legislation. The
Secretary may act to
terminate withdrawals
other than those made by
Act of the Congress in
accordance with the
recommendations of the
President unless before
the end of ninety days
(not counting days on
which the Senate and the
House of Representatives
has adjourned for more
than three consecutive
days) beginning on the
day the report of the
President has been
submitted to the Senate
and the House of
Representatives the
Congress has adopted a
concurrent resolution
indicating otherwise. If
the committee to which a
resolution has been
referred during the said
ninety day period, has
not reported it at the
end of thirty calendar
days after its referral,
it shall be in order to
either discharge the
committee from further
consideration of such
resolution or to
discharge the committee
from consideration of any
other resolution with
respect to the
Presidential
recommendation. A motion
to discharge may be made
only by an individual
favoring the resolution,
shall be highly
privileged (except that
it may not be made after
the committee has
reported such a
resolution), and debate
thereon shall be limited
to not more than one
hour, to be divided
equally between those
favoring and those
opposing the resolution.
An amendment to the
motion shall not be in
order, and it shall not
be in order to move to
reconsider the vote by
which the motion was
agreed to or disagreed
to. If the motion to
discharge is agreed to or
disagreed to, the motion
may not be made with
respect to any other
resolution with respect
to the same Presidential
recommendation. When the
committee has reprinted,
or has been discharged
from further
consideration of a
resolution, it shall at
any time thereafter be in
order (even though a
previous motion to the
same effect has been
disagreed to) to move to
proceed to the
consideration of the
resolution. The motion
shall be highly
privileged and shall not
be debatable. An
amendment to the motion
shall not be in order,
and it shall not be in
order to move to
reconsider the vote by
which the motion was
agreed to or disagreed
to.
- (3) There are hereby
authorized to be
appropriated not more
than $10,000,000 for the
purpose of paragraph (1)
of this subsection to be
available until expended
to the Secretary and to
the heads of other
departments and agencies
which will be involved.
Sec. 1715.
Acquisitions of public lands and access
over non-Federal lands to National Forest
System units
- (a) Authorization and limitations
on authority of Secretary of the
Interior and Secretary of
Agriculture Notwithstanding any
other provisions of law, the
Secretary, with respect to the
public lands and the Secretary of
Agriculture, with respect to the
acquisition of access over
non-Federal lands to units of the
National Forest System, are
authorized to acquire pursuant to
this Act by purchase, exchange,
donation, or eminent domain,
lands or interests therein:
Provided, That with respect to
the public lands, the Secretary
may exercise the power of eminent
domain only if necessary to
secure access to public lands,
and then only if the lands so
acquired are confined to as
narrow a corridor as is necessary
to serve such purpose. Nothing in
this subsection shall be
construed as expanding or
limiting the authority of the
Secretary of Agriculture to
acquire land by eminent domain
within the boundaries of units of
the National Forest System.
- (b) Conformity to departmental
policies and land-use plan of
acquisitions Acquisitions
pursuant to this section shall be
consistent with the mission of
the department involved and with
applicable departmental land-use
plans.
- (c) Status of lands and interests
in lands upon acquisition by
Secretary of the Interior;
transfers to Secretary of
Agriculture of lands and
interests in lands acquired
within National Forest System
boundaries Except as provided in
subsection (e) of this section,
lands and interests in lands
acquired by the Secretary
pursuant to this section or
section 1716
of this title shall, upon
acceptance of title, become
public lands, and, for the
administration of public land
laws not repealed by this Act,
shall remain public lands. If
such acquired lands or interests
in lands are located within the
exterior boundaries of a grazing
district established pursuant to
section 315 of this title, they
shall become a part of that
district. Lands and interests in
lands acquired pursuant to this
section which are within
boundaries of the National Forest
System may be transferred to the
Secretary of Agriculture and
shall then become National Forest
System lands and subject to all
the laws, rules, and regulations
applicable thereto.
- (d) Status of lands and interests
in lands upon acquisition by
Secretary of Agriculture Lands
and interests in lands acquired
by the Secretary of Agriculture
pursuant to this section shall,
upon acceptance of title, become
National Forest System lands
subject to all the laws, rules,
and regulations applicable
thereto.
- (e) Status and administration of
lands acquired in exchange for
lands revested in or reconveyed
to United States Lands acquired
by the Secretary pursuant to this
section or section 1716 of this
title in exchange for lands which
were revested in the United
States pursuant to the provisions
of the Act of June 9, 1916 (39
Stat. 218) or reconveyed to the
United States pursuant to the
provisions of the Act of February
26, 1919 (40 Stat. 1179), shall
be considered for all purposes to
have the same status as, and
shall be administered in
accordance with the same
provisions of law applicable to,
the revested or reconveyed lands
exchanged for the lands acquired
by the Secretary.
Sec. 1716.
Exchanges of public lands or interests
therein within the National Forest System
- (a) Authorization and limitations
on authority of Secretary of the
Interior and Secretary of
Agriculture A tract of public
land or interests therein may be
disposed of by exchange by the
Secretary under this Act and a
tract of land or interests
therein within the National
Forest System may be disposed of
by exchange by the Secretary of
Agriculture under applicable law
where the Secretary concerned
determines that the public
interest will be well served by
making that exchange: Provided,
That when considering public
interest the Secretary concerned
shall give full consideration to
better Federal land management
and the needs of State and local
people, including needs for lands
for the economy, community
expansion, recreation areas,
food, fiber, minerals, and fish
and wildlife and the Secretary
concerned finds that the values
and the objectives which Federal
lands or interests to be conveyed
may serve if retained in Federal
ownership are not more than the
values of the non-Federal lands
or interests and the public
objectives they could serve if
acquired.
- (b) Implementation requirements;
cash equalization waiver In
exercising the exchange authority
granted by subsection (a) of this
section or by section 1715(a) of this
title, the Secretary concerned
may accept title to any
non-Federal land or interests
therein in exchange for such
land, or interests therein which
he finds proper for transfer out
of Federal ownership and which
are located in the same State as
the non-Federal land or interest
to be acquired. For the purposes
of this subsection, unsurveyed
school sections which, upon
survey by the Secretary, would
become State lands, shall be
considered as ''non-Federal
lands''. The values of the lands
exchanged by the Secretary under
this Act and by the Secretary of
Agriculture under applicable law
relating to lands within the
National Forest System either
shall be equal, or if they are
not equal, the values shall be
equalized by the payment of money
to the grantor or to the
Secretary concerned as the
circumstances require so long as
payment does not exceed 25 per
centum of the total value of the
lands or interests transferred
out of Federal ownership. The
Secretary concerned and the other
party or parties involved in the
exchange may mutually agree to
waive the requirement for the
payment of money to equalize
values where the Secretary
concerned determines that the
exchange will be expedited
thereby and that the public
interest will be better served by
such a waiver of cash
equalization payments and where
the amount to be waived is no
more than 3 per centum of the
value of the lands being
transferred out of Federal
ownership or $15,000, whichever
is less, except that the
Secretary of Agriculture shall
not agree to waive any such
requirement for payment of money
to the United States. The
Secretary concerned shall try to
reduce the amount of the payment
of money to as small an amount as
possible.
- (c) Status of lands acquired upon
exchange by Secretary of the
Interior Lands acquired by the
Secretary by exchange under this
section which are within the
boundaries of any unit of the
National Forest System, National
Park System, National Wildlife
Refuge System, National Wild and
Scenic Rivers System, National
Trails System, National
Wilderness Preservation System,
or any other system established
by Act of Congress, or the
boundaries of the California
Desert Conservation Area, or the
boundaries of any national
conservation area or national
recreation area established by
Act of Congress, upon acceptance
of title by the United States
shall immediately be reserved for
and become a part of the unit or
area within which they are
located, without further action
by the Secretary, and shall
thereafter be managed in
accordance with all laws, rules,
and regulations applicable to
such unit or area.
- (d) Appraisal of land; submission
to arbitrator; determination to
proceed or withdraw from
exchange; use of other valuation
process; suspension of deadlines
- (1) No later than ninety
days after entering into
an agreement to initiate
an exchange of land or
interests therein
pursuant to this Act or
other applicable law, the
Secretary concerned and
other party or parties
involved in the exchange
shall arrange for
appraisal (to be
completed within a time
frame and under such
terms as are negotiated
by the parties) of the
lands or interests
therein involved in the
exchange in accordance
with subsection (f) of
this section.
- (2) If within one hundred
and eighty days after the
submission of an
appraisal or appraisals
for review and approval
by the Secretary
concerned, the Secretary
concerned and the other
party or parties involved
cannot agree to accept
the findings of an
appraisal or appraisals,
the appraisal or
appraisals shall be
submitted to an
arbitrator appointed by
the Secretary from a list
of arbitrators submitted
to him by the American
Arbitration Association
for arbitration to be
conducted in accordance
with the real estate
valuation arbitration
rules of the American
Arbitration Association.
Such arbitration shall be
binding for a period of
not to exceed two years
on the Secretary
concerned and the other
party or parties involved
in the exchange insofar
as concerns the value of
the lands which were the
subject of the appraisal
or appraisals.
- (3) Within thirty days
after the completion of
the arbitration, the
Secretary concerned and
the other party or
parties involved in the
exchange shall determine
whether to proceed with
the exchange, modify the
exchange to reflect the
findings of the
arbitration or any other
factors, or to withdraw
from the exchange. A
decision to withdraw from
the exchange may be made
by either the Secretary
concerned or the other
party or parties
involved.
- (4) Instead of submitting
the appraisal to an
arbitrator, as provided
in paragraph (2) of this
section, the Secretary
concerned and the other
party or parties involved
in an exchange may
mutually agree to employ
a process of bargaining
or some other process to
determine the values of
the properties involved
in the exchange.
- (5) The Secretary
concerned and the other
party or parties involved
in an exchange may
mutually agree to suspend
or modify any of the
deadlines contained in
this subsection.
- (e) Simultaneous issue of patents
or titles Unless mutually agreed
otherwise by the Secretary
concerned and the other party or
parties involved in an exchange
pursuant to this Act or other
applicable law, all patents or
titles to be issued for land or
interests therein to be acquired
by the Federal Government and
lands or interest therein to be
transferred out of Federal
ownership shall be issued
simultaneously after the
Secretary concerned has taken any
necessary steps to assure that
the United States will receive
acceptable title.
- (f) New rules and regulations;
appraisal rules and regulations;
''costs and other
responsibilities or
requirements'' defined
- (1) Within one year after
August 20, 1988, the
Secretaries of the
Interior and Agriculture
shall promulgate new and
comprehensive rules and
regulations governing
exchanges of land and
interests therein
pursuant to this Act and
other applicable law.
Such rules and
regulations shall fully
reflect the changes in
law made by subsections
(d) through (i) of this
section and shall include
provisions pertaining to
appraisals of lands and
interests therein
involved in such
exchanges.
- (2) The provisions of the
rules and regulations
issued pursuant to
paragraph (1) of this
subsection governing
appraisals shall reflect
nationally recognized
appraisal standards,
including, to the extent
appropriate, the Uniform
Appraisal Standards for
Federal Land
Acquisitions: Provided,
however, That the
provisions of such rules
and regulations shall -
- (A) ensure that the
same nationally approved
appraisal standards are
used in appraising lands
or interest therein being
acquired by the Federal
Government and appraising
lands or interests
therein being transferred
out of Federal ownership;
and
- (B) with respect to
costs or other
responsibilities or
requirements associated
with land exchanges -
- (i) recognize that
the parties involved in
an exchange may mutually
agree that one party (or
parties) will assume,
without compensation, all
or part of certain costs
or other responsibilities
or requirements
ordinarily borne by the
other party or parties;
and
- (ii) also permit the
Secretary concerned,
where such Secretary
determines it is in the
public interest and it is
in the best interest of
consummating an exchange
pursuant to this Act or
other applicable law, and
upon mutual agreement of
the parties, to make
adjustments to the
relative values involved
in an exchange
transaction in order to
compensate a party or
parties to the exchange
for assuming costs or
other responsibilities or
requirements which would
ordinarily be borne by
the other party or
parties. As used in this
subparagraph, the term
''costs or other
responsibilities or
requirements'' shall
include, but not be
limited to, costs or
other requirements
associated with land
surveys and appraisals,
mineral examinations,
title searches,
archeological surveys and
salvage, removal of
encumbrances, arbitration
pursuant to subsection
(d) of this section,
curing deficiencies
preventing highest and
best use, and other costs
to comply with laws,
regulations and policies
applicable to exchange
transactions, or which
are necessary to bring
the Federal or
non-Federal lands or
interests involved in the
exchange to their highest
and best use for the
appraisal and exchange
purposes. Prior to making
any adjustments pursuant
to this subparagraph, the
Secretary concerned shall
be satisfied that the
amount of such adjustment
is reasonable and
accurately reflects the
approximate value of any
costs or services
provided or any
responsibilities or
requirements assumed.
- (g) Exchanges to proceed under
existing laws and regulations
pending new rules and regulations
Until such time as new and
comprehensive rules and
regulations governing exchange of
land and interests therein are
promulgated pursuant to
subsection (f) of this section,
land exchanges may proceed in
accordance with existing laws and
regulations, and nothing in the
Act shall be construed to require
any delay in, or otherwise
hinder, the processing and
consummation of land exchanges
pending the promulgation of such
new and comprehensive rules and
regulations. Where the Secretary
concerned and the party or
parties involved in an exchange
have agreed to initiate an
exchange of land or interests
therein prior to the day of
enactment of such subsections,
subsections (d) through (i) of
this section shall not apply to
such exchanges unless the
Secretary concerned and the party
or parties involved in the
exchange mutually agree
otherwise.
- (h) Exchange of lands or
interests of approximately equal
value; conditions;
''approximately equal value''
defined
- (1) Notwithstanding the
provisions of this Act
and other applicable laws
which require that
exchanges of land or
interests therein be for
equal value, where the
Secretary concerned
determines it is in the
public interest and that
the consummation of a
particular exchange will
be expedited thereby, the
Secretary concerned may
exchange lands or
interests therein which
are of approximately
equal value in cases
where -
- (A) the combined
value of the lands or
interests therein to be
transferred from Federal
ownership by the
Secretary concerned in
such exchange is not more
than $150,000; and
- (B) the Secretary
concerned finds in
accordance with the
regulations to be
promulgated pursuant to
subsection (f) of this
section that a
determination of
approximately equal value
can be made without
formal appraisals, as
based on a statement of
value made by a qualified
appraiser and approved by
an authorized officer;
and
- (C) the definition of
and procedure for
determining
''approximately equal
value'' has been set
forth in regulations by
the Secretary concerned
and the Secretary
concerned documents how
such determination was
made in the case of the
particular exchange
involved.
- (2) As used in this
subsection, the term
''approximately equal
value'' shall have the
same meaning with respect
to lands managed by the
Secretary of Agriculture
as it does in the Act of
January 22, 1983
(commonly known as the
''Small Tracts Act'').
- (i) Segregation from
appropriation under mining and
public land laws
- (1) Upon receipt of an
offer to exchange lands
or interests in lands
pursuant to this Act or
other applicable laws, at
the request of the head
of the department or
agency having
jurisdiction over the
lands involved, the
Secretary of the Interior
may temporarily segregate
the Federal lands under
consideration for
exchange from
appropriation under the
mining laws. Such
temporary segregation may
only be made for a period
of not to exceed five
years. Upon a decision
not to proceed with the
exchange or upon deletion
of any particular parcel
from the exchange offer,
the Federal lands
involved or deleted shall
be promptly restored to
their former status under
the mining laws. Any
segregation pursuant to
this paragraph shall be
subject to valid existing
rights as of the date of
such segregation.
- (2) All non-Federal lands
which are acquired by the
United States through
exchange pursuant to this
Act or pursuant to other
law applicable to lands
managed by the Secretary
of Agriculture shall be
automatically segregated
from appropriation under
the public land law,
including the mining
laws, for ninety days
after acceptance of title
by the United States.
Such segregation shall be
subject to valid existing
rights as of the date of
such acceptance of title.
At the end of such ninety
day period, such
segregation shall end and
such lands shall be open
to operation of the
public land laws and to
entry, location, and
patent under the mining
laws except to the extent
otherwise provided by
this Act or other
applicable law, or
appropriate actions
pursuant thereto.
Sec. 1717.
Qualifications of conveyees
No tract of land may be disposed of
under this Act, whether by sale,
exchange, or donation, to any person who
is not a citizen of the United States, or
in the case of a corporation, is not
subject to the laws of any State or of
the United States.
Sec. 1718.
Documents of conveyance; terms,
covenants, etc.
The Secretary shall issue all patents
or other documents of conveyance after
any disposal authorized by this Act. The
Secretary shall insert in any such patent
or other document of conveyance he
issues, except in the case of land
exchanges, for which the provisions of
subsection 1716(b) of this title shall
apply, such terms, covenants, conditions,
and reservations as he deems necessary to
insure proper land use and protection of
the public interest: Provided, That a
conveyance of lands by the Secretary,
subject to such terms, covenants,
conditions, and reservations, shall not
exempt the grantee from compliance with
applicable Federal or State law or State
land use plans: Provided further, That
the Secretary shall not make conveyances
of public lands containing terms and
conditions which would, at the time of
the conveyance, constitute a violation of
any law or regulation pursuant to State
and local land use plans, or programs.
Sec. 1719.
Mineral interests; reservation and
conveyance requirements and procedures
- (a) All conveyances of title
issued by the Secretary, except
those involving land exchanges
provided for in section 1716 of this
title, shall reserve to the
United States all minerals in the
lands, together with the right to
prospect for, mine, and remove
the minerals under applicable law
and such regulations as the
Secretary may prescribe, except
that if the Secretary makes the
findings specified in subsection
(b) of this section, the minerals
may then be conveyed together
with the surface to the
prospective surface owner as
provided in subsection (b) of
this section.
- (b)
- (1) The Secretary, after
consultation with the
appropriate department or
agency head, may convey
mineral interests owned
by the United States
where the surface is or
will be in non-Federal
ownership, regardless of
which Federal entity may
have administered the
surface, if he finds (1)
that there are no known
mineral values in the
land, or (2) that the
reservation of the
mineral rights in the
United States is
interfering with or
precluding appropriate
nonmineral development of
the land and that such
development is a more
beneficial use of the
land than mineral
development.
- (2) Conveyance of mineral
interests pursuant to
this section shall be
made only to the existing
or proposed record owner
of the surface, upon
payment of administrative
costs and the fair market
value of the interests
being conveyed.
- (3) Before considering an
application for
conveyance of mineral
interests pursuant to
this section -
- (i) the Secretary
shall require the deposit
by the applicant of a sum
of money which he deems
sufficient to cover
administrative costs
including, but not
limited to, costs of
conducting an exploratory
program to determine the
character of the mineral
deposits in the land,
evaluating the data
obtained under the
exploratory program to
determine the fair market
value of the mineral
interests to be conveyed,
and preparing and issuing
the documents of
conveyance: Provided,
That, if the
administrative costs
exceed the deposit, the
applicant shall pay the
outstanding amount; and,
if the deposit exceeds
the administrative costs,
the applicant shall be
given a credit for or
refund of the excess; or
- (ii) the applicant,
with the consent of the
Secretary, shall have
conducted, and submitted
to the Secretary the
results of, such an
exploratory program, in
accordance with standards
promulgated by the
Secretary.
- (4) Moneys paid to the
Secretary for
administrative costs
pursuant to this
subsection shall be paid
to the agency which
rendered the service and
deposited to the
appropriation then
current.
Sec. 1720.
Coordination by Secretary of the Interior
with State and local governments
At least sixty days prior to offering
for sale or otherwise conveying public
lands under this Act, the Secretary shall
notify the Governor of the State within
which such lands are located and the head
of the governing body of any political
subdivision of the State having zoning or
other land use regulatory jurisdiction in
the geographical area within which such
lands are located, in order to afford the
appropriate body the opportunity to zone
or otherwise regulate, or change or amend
existing zoning or other regulations
concerning the use of such lands prior to
such conveyance. The Secretary shall also
promptly notify such public officials of
the issuance of the patent or other
document of conveyance for such lands.
Sec. 1721.
Conveyances of public lands to States,
local governments, etc.
- (a) Unsurveyed islands;
authorization and limitations on
authority The Secretary is
authorized to convey to States or
their political subdivisions
under the Recreation and Public
Purposes Act (44 Stat. 741 as
amended; 43 U.S.C. 869 et seq.),
as amended, but without regard to
the acreage limitations contained
therein, unsurveyed islands
determined by the Secretary to be
public lands of the United
States. The conveyance of any
such island may be made without
survey: Provided, however, That
such island may be surveyed at
the request of the applicant
State or its political
subdivision if such State or
subdivision donates money or
services to the Secretary for
such survey, the Secretary
accepts such money or services,
and such services are conducted
pursuant to criteria established
by the Director of the Bureau of
Land Management. Any such island
so surveyed shall not be conveyed
without approval of such survey
by the Secretary prior to the
conveyance.
- (b) Omitted lands; authorization
and limitations on authority
- (1) The Secretary is
authorized to convey to
States and their
political subdivisions
under the Recreation and
Public Purposes Act (43
U.S.C. 869 to 869-4), but
without regard to the
acreage limitations
contained therein, lands
other than islands
determined by him after
survey to be public lands
of the United States
erroneously or
fraudulently omitted from
the original surveys
(hereinafter referred to
as ''omitted lands'').
Any such conveyance shall
not be made without a
survey: Provided, That
the prospective recipient
may donate money or
services to the Secretary
for the surveying
necessary prior to
conveyance if the
Secretary accepts such
money or services, such
services are conducted
pursuant to criteria
established by the
Director of the Bureau of
Land Management, and such
survey is approved by the
Secretary prior to the
conveyance.
- (2) The Secretary is
authorized to convey to
the occupant of any
omitted lands which,
after survey, are found
to have been occupied and
developed for a five-year
period prior to January
1, 1975, if the Secretary
determines that such
conveyance is in the
public interest and will
serve objectives which
outweigh all public
objectives and values
which would be served by
retaining such lands in
Federal ownership.
Conveyance under this
subparagraph shall be
made at not less than the
fair market value of the
land, as determined by
the Secretary, and upon
payment in addition of
administrative costs,
including the cost of
making the survey, the
cost of appraisal, and
the cost of making the
conveyance.
- (c) Conformity with land use
plans and programs and
coordination with State and local
governments of conveyances
- (1) No conveyance shall
be made pursuant to this
section until the
relevant State
government, local
government, and areawide
planning agency
designated pursuant to
section 204 of the
Demonstration Cities and
Metropolitan Development
Act of 1966 (80 Stat.
1255, 1262) (42 U.S.C.
3334) and/or section 6506
of title 31 have notified
the Secretary as to the
consistency of such
conveyance with
applicable State and
local government land use
plans and programs.
- (2) The provisions of
section 1720
of this title shall be
applicable to all
conveyances under this
section.
- (d) Applicability of other
statutory requirements for
authorized use of conveyed lands
The final sentence of section
1(c) of the Recreation and Public
Purposes Act (43 U.S.C. 869(c))
shall not be applicable to
conveyances under this section.
- (e) Limitations on uses of
conveyed lands No conveyance
pursuant to this section shall be
used as the basis for determining
the baseline between Federal and
State ownership, the boundary of
any State for purposes of
determining the extent of a
State's submerged lands or the
line of demarcation of Federal
jurisdiction, or any similar or
related purpose.
- (f) Applicability to lands within
National Forest System, National
Park System, National Wildlife
Refuge System, and National Wild
and Scenic Rivers System The
provisions of this section shall
not apply to any lands within the
National Forest System, defined
in the Act of August 17, 1974 (88
Stat. 476; 16 U.S.C. 1601), the
National Park System, the
National Wildlife Refuge System,
and the National Wild and Scenic
Rivers System.
- (g) Applicability to other
statutory provisions authorizing
sale of specific omitted lands
Nothing in this section shall
supersede the provisions of the
Act of December 22, 1928 (45
Stat. 1069; 43 U.S.C. 1068), as
amended, and the Act of May 31,
1962 (76 Stat. 89), or any other
Act authorizing the sale of
specific omitted lands.
Sec. 1722.
Sale of public lands subject to
unintentional trespass
- (a) Preference right of
contiguous landowners; offering
price Notwithstanding the
provisions of the Act of
September 26, 1968 (82 Stat. 870;
43 U.S.C. 1431-1435), hereinafter
called the ''1968 Act'', with
respect to applications under the
1968 Act which were pending
before the Secretary as of the
effective date of this subsection
and which he approves for sale
under the criteria prescribed by
the 1968 Act, he shall give the
right of first refusal to those
having a preference right under
section 2 of the 1968 Act (43
U.S.C. 1432). The Secretary shall
offer such lands to such
preference right holders at their
fair market value (exclusive of
any values added to the land by
such holders and their
predecessors in interest) as
determined by the Secretary as of
September 26, 1973.
- (b) Procedures applicable Within
three years after October 21,
1976, the Secretary shall notify
the filers of applications
subject to paragraph (a) of this
section whether he will offer
them the lands applied for and at
what price; that is, their fair
market value as of September 26,
1973, excluding any value added
to the lands by the applicants or
their predecessors in interest.
He will also notify the President
of the Senate and the Speaker of
the House of Representatives of
the lands which he has determined
not to sell pursuant to paragraph
(a) of this section and the
reasons therefor. With respect to
such lands which the Secretary
determined not to sell, he shall
take no other action to convey
those lands or interests in them
before the end of ninety days
(not counting days on which the
House of Representatives or the
Senate has adjourned for more
than three consecutive days)
beginning on the date the
Secretary has submitted such
notice to the Senate and House of
Representatives. If, during that
ninety-day period, the Congress
adopts a concurrent resolution
stating the length of time such
suspension of action should
continue, he shall continue such
suspension for the specified time
period. If the committee to which
a resolution has been referred
during the said ninety-day
period, has not reported it at
the end of thirty calendar days
after its referral, it shall be
in order to either discharge the
committee from further
consideration of such resolution
or to discharge the committee
from consideration of any other
resolution with respect to the
suspension of action. A motion to
discharge may be made only by an
individual favoring the
resolution, shall be highly
privileged (except that it may
not be made after the committee
has reported such a resolution),
and debate thereon shall be
limited to not more than one
hour, to be divided equally
between those favoring and those
opposing the resolution. An
amendment to the motion shall not
be in order, and it shall not be
in order to move to reconsider
the vote by which the motion was
agreed to or disagreed to. If the
motion to discharge is agreed to
or disagreed to, the motion may
not be made with respect to any
other resolution with respect to
the same suspension of action.
When the committee has reprinted,
or has been discharged from
further consideration of a
resolution, it shall at any time
thereafter be in order (even
though a previous motion to the
same effect has been disagreed
to) to move to proceed to the
consideration of the resolution.
The motion shall be highly
privileged and shall not be
debatable. An amendment to the
motion shall not be in order, and
it shall not be in order to move
to reconsider the vote by which
the motion was agreed to or
disagreed to.
- (c) Time for processing of
applications and sales Within
five years after October 21,
1976, the Secretary shall
complete the processing of all
applications filed under the 1968
Act and hold sales covering all
lands which he has determined to
sell thereunder.
Sec. 1723.
Temporary revocation authority
- (a) Exchange involved When the
sole impediment to consummation
of an exchange of lands or
interests therein (hereinafter
referred to as an exchange)
determined to be in the public
interest, is the inability of the
Secretary of the Interior to
revoke, modify, or terminate part
or all of a withdrawal or
classification because of the
order (or subsequent modification
or continuance thereof) of the
United States District Court for
the District of Columbia dated
February 10, 1986, in Civil
Action No. 85-2238 (National
Wildlife Federation v. Robert E.
Burford, et al.), the Secretary
of the Interior is hereby
authorized, notwithstanding such
order (or subsequent modification
or continuance thereof), to use
the authority contained herein,
in lieu of other authority
provided in this Act including
section 1714
of this title, to revoke, modify,
or terminate in whole or in part,
withdrawals or classifications to
the extent deemed necessary by
the Secretary to enable the
United States to transfer land or
interests therein out of Federal
ownership pursuant to an
exchange.
- (b) Requirements The authority
specified in subsection (a) of
this section may be exercised
only in cases where -
- (1) a particular exchange
is proposed to be carried
out pursuant to this Act,
as amended, or other
applicable law
authorizing such an
exchange;
- (2) the proposed exchange
has been prepared in
compliance with all laws
applicable to such
exchange;
- (3) the head of each
Federal agency managing
the lands proposed for
such transfer has
submitted to the
Secretary of the Interior
a statement of
concurrence with the
proposed revocation,
modification, or
termination;
- (4) at least sixty days
have elapsed since the
Secretary of the Interior
has published in the
Federal Register a notice
of the proposed
revocation, modification,
or termination; and
- (5) at least sixty days
have elapsed since the
Secretary of the Interior
has transmitted to the
Committee on Natural
Resources of the House of
Representatives and the
Committee on Energy and
Natural Resources of the
United States Senate a
report which includes -
- (A) a justification
for the necessity of
exercising such authority
in order to complete an
exchange;
- (B) an explanation of
the reasons why the
continuation of the
withdrawal or a
classification or portion
thereof proposed for
revocation, modification,
or termination is no
longer necessary for the
purposes of the statutory
or other program or
programs for which the
withdrawal or
classification was made
or other relevant
programs;
- (C) assurances that
all relevant documents
concerning the proposed
exchange or purchase for
which such authority is
proposed to be exercised
(including documents
related to compliance
with the National
Environmental Policy Act
of 1969 (42 U.S.C. 4321
et seq.) and all other
applicable provisions of
law) are available for
public inspection in the
office of the Secretary
concerned located nearest
to the lands proposed for
transfer out of Federal
ownership in furtherance
of such exchange and that
the relevant portions of
such documents are also
available in the offices
of the Secretary
concerned in Washington,
District of Columbia; and
- (D) an explanation of
the effect of the
revocation, modification,
or termination of a
withdrawal or
classification or portion
thereof and the transfer
of lands out of Federal
ownership pursuant to the
particular proposed
exchange, on the
objectives of the land
management plan which is
applicable at the time of
such transfer to the land
to be transferred out of
Federal ownership.
- (c) Limitations
- (1) Nothing in this
section shall be
construed as affirming or
denying any of the
allegations made by any
party in the civil action
specified in subsection
(a) of this section, or
as constituting an
expression of
congressional opinion
with respect to the
merits of any allegation,
contention, or argument
made or issue raised by
any party in such action,
or as expanding or
diminishing the
jurisdiction of the
United States District
Court for the District of
Columbia.
- (2) Except as
specifically provided in
this section, nothing in
this section shall be
construed as modifying,
terminating, revoking, or
otherwise affecting any
provision of law
applicable to land
exchanges, withdrawals,
or classifications.
- (3) The availability or
exercise of the authority
granted in subsection (a)
of this section may not
be considered by the
Secretary of the Interior
in making a determination
pursuant to this Act or
other applicable law as
to whether or not any
proposed exchange is in
the public interest.
- (d) Termination The authority
specified in subsection (a) of
this section shall expire either
(1) on December 31, 1990, or (2)
when the Court order (or
subsequent modification or
continuation thereof) specified
in subsection (a) of this section
is no longer in effect, whichever
occurs first.
SUBCHAPTER III
- ADMINISTRATION
Sec. 1731.
Bureau of Land Management
- a) Director; appointment,
qualifications, functions, and
duties The Bureau of Land
Management established by
Reorganization Plan Numbered 3,
of 1946 shall have as its head a
Director. Appointments to the
position of Director shall
hereafter be made by the
President, by and with the advice
and consent of the Senate. The
Director of the Bureau shall have
a broad background and
substantial experience in public
land and natural resource
management. He shall carry out
such functions and shall perform
such duties as the Secretary may
prescribe with respect to the
management of lands and resources
under his jurisdiction according
to the applicable provisions of
this Act and any other applicable
law.
- (b) Statutory transfer of
functions, powers and duties
relating to administration of
laws Subject to the discretion
granted to him by Reorganization
Plan Numbered 3 of 1950, the
Secretary shall carry out through
the Bureau all functions, powers,
and duties vested in him and
relating to the administration of
laws which, on October 21, 1976,
were carried out by him through
the Bureau of Land Management
established by section 403 of
Reorganization Plan Numbered 3 of
1946. The Bureau shall administer
such laws according to the
provisions thereof existing as of
October 21, 1976, as modified by
the provisions of this Act or by
subsequent law.
- (c) Associate Director, Assistant
Directors, and other employees;
appointment and compensation In
addition to the Director, there
shall be an Associate Director of
the Bureau and so many Assistant
Directors, and other employees,
as may be necessary, who shall be
appointed by the Secretary
subject to the provisions of
title 5 governing appointments in
the competitive service, and
shall be paid in accordance with
the provisions of chapter 51 and
subchapter 3 of chapter 53 of
such title relating to
classification and General
Schedule pay rates.
- (d) Existing regulations relating
to administration of laws Nothing
in this section shall affect any
regulation of the Secretary with
respect to the administration of
laws administered by him through
the Bureau on October 21, 1976.
Sec. 1732.
Management of use, occupancy, and
development of public lands
- (a) Multiple use and sustained
yield requirements applicable;
exception The Secretary shall
manage the public lands under
principles of multiple use and
sustained yield, in accordance
with the land use plans developed
by him under section 1712 of this
title when they are available,
except that where a tract of such
public land has been dedicated to
specific uses according to any
other provisions of law it shall
be managed in accordance with
such law.
- (b) Easements, permits, etc., for
utilization through habitation,
cultivation, and development of
small trade or manufacturing
concerns; applicable statutory
requirements In managing the
public lands, the Secretary
shall, subject to this Act and
other applicable law and under
such terms and conditions as are
consistent with such law,
regulate, through easements,
permits, leases, licenses,
published rules, or other
instruments as the Secretary
deems appropriate, the use,
occupancy, and development of the
public lands, including, but not
limited to, long-term leases to
permit individuals to utilize
public lands for habitation,
cultivation, and the development
of small trade or manufacturing
concerns: Provided, That unless
otherwise provided for by law,
the Secretary may permit Federal
departments and agencies to use,
occupy, and develop public lands
only through rights-of-way under
section 1767
of this title, withdrawals under
section 1714
of this title, and, where the
proposed use and development are
similar or closely related to the
programs of the Secretary for the
public lands involved,
cooperative agreements under
section 1737(b)
of this title: Provided further,
That nothing in this Act shall be
construed as authorizing the
Secretary concerned to require
Federal permits to hunt and fish
on public lands or on lands in
the National Forest System and
adjacent waters or as enlarging
or diminishing the responsibility
and authority of the States for
management of fish and resident
wildlife. However, the Secretary
concerned may designate areas of
public land and of lands in the
National Forest System where, and
establish periods when, no
hunting or fishing will be
permitted for reasons of public
safety, administration, or
compliance with provisions of
applicable law. Except in
emergencies, any regulations of
the Secretary concerned relating
to hunting and fishing pursuant
to this section shall be put into
effect only after consultation
with the appropriate State fish
and game department. Nothing in
this Act shall modify or change
any provision of Federal law
relating to migratory birds or to
endangered or threatened species.
Except as provided in section 1744, section
1782, and subsection (f) of
section 1781
of this title and in the last
sentence of this paragraph, no
provision of this section or any
other section of this Act shall
in any way amend the Mining Law
of 1872 or impair the rights of
any locators or claims under that
Act, including, but not limited
to, rights of ingress and egress.
In managing the public lands the
Secretary shall, by regulation or
otherwise, take any action
necessary to prevent unnecessary
or undue degradation of the
lands.
- (c) Revocation or suspension
provision in instrument
authorizing use, occupancy or
development; violation of
provision; procedure applicable
The Secretary shall insert in any
instrument providing for the use,
occupancy, or development of the
public lands a provision
authorizing revocation or
suspension, after notice and
hearing, of such instrument upon
a final administrative finding of
a violation of any term or
condition of the instrument,
including, but not limited to,
terms and conditions requiring
compliance with regulations under
Acts applicable to the public
lands and compliance with
applicable State or Federal air
or water quality standard or
implementation plan: Provided,
That such violation occurred on
public lands covered by such
instrument and occurred in
connection with the exercise of
rights and privileges granted by
it: Provided further, That the
Secretary shall terminate any
such suspension no later than the
date upon which he determines the
cause of said violation has been
rectified: Provided further, That
the Secretary may order an
immediate temporary suspension
prior to a hearing or final
administrative finding if he
determines that such a suspension
is necessary to protect health or
safety or the environment:
Provided further, That, where
other applicable law contains
specific provisions for
suspension, revocation, or
cancellation of a permit,
license, or other authorization
to use, occupy, or develop the
public lands, the specific
provisions of such law shall
prevail.
- (d) Authorization to utilize
certain public lands in Alaska
for military purposes
- (1) The Secretary of the
Interior, after
consultation with the
Governor of Alaska, may
issue to the Secretary of
Defense or to the
Secretary of a military
department within the
Department of Defense or
to the Commandant of the
Coast Guard a
nonrenewable general
authorization to utilize
public lands in Alaska
(other than within a
conservation system unit
or the Steese National
Conservation Area or the
White Mountains National
Recreation Area) for
purposes of military
maneuvering, military
training, or equipment
testing not involving
artillery firing, aerial
or other gunnery, or
other use of live
ammunition or ordnance.
- (2) Use of public lands
pursuant to a general
authorization under this
subsection shall be
limited to areas where
such use would not be
inconsistent with the
plans prepared pursuant
to section 1712 of
this title. Each such use
shall be subject to a
requirement that the
using department shall be
responsible for any
necessary cleanup and
decontamination of the
lands used, and to such
other terms and
conditions (including but
not limited to
restrictions on use of
off-road or all-terrain
vehicles) as the
Secretary of the Interior
may require to -
- (A) minimize adverse
impacts on the natural,
environmental,
scientific, cultural, and
other resources and
values (including fish
and wildlife habitat) of
the public lands
involved; and
- (B) minimize the
period and method of such
use and the interference
with or restrictions on
other uses of the public
lands involved.
- (3)
- (A) A general
authorization issued
pursuant to this
subsection shall not be
for a term of more than
three years and shall be
revoked in whole or in
part, as the Secretary of
the Interior finds
necessary, prior to the
end of such term upon a
determination by the
Secretary of the Interior
that there has been a
failure to comply with
its terms and conditions
or that activities
pursuant to such an
authorization have had or
might have a significant
adverse impact on the
resources or values of
the affected lands.
- (B) Each specific use
of a particular area of
public lands pursuant to
a general authorization
under this subsection
shall be subject to
specific authorization by
the Secretary and to
appropriate terms and
conditions, including
such as are described in
paragraph (2) of this
subsection.
- (4) Issuance of a general
authorization pursuant to
this subsection shall be
subject to the provisions
of section 1712(f)
of this title, section
3120 of title 16, and all
other applicable
provisions of law. The
Secretary of a military
department (or the
Commandant of the Coast
Guard) requesting such
authorization shall
reimburse the Secretary
of the Interior for the
costs of implementing
this paragraph. An
authorization pursuant to
this subsection shall not
authorize the
construction of permanent
structures or facilities
on the public lands.
- (5) To the extent that
public safety may require
closure to public use of
any portion of the public
lands covered by an
authorization issued
pursuant to this
subsection, the Secretary
of the military
Department concerned or
the Commandant of the
Coast Guard shall take
appropriate steps to
notify the public
concerning such closure
and to provide
appropriate warnings of
risks to public safety.
- (6) For purposes of this
subsection, the term
''conservation system
unit'' has the same
meaning as specified in
section 3102 of title 16.
Sec. 1733.
Enforcement authority
- (a) Regulations for
implementation of management,
use, and protection requirements;
violations; criminal penalties
The Secretary shall issue
regulations necessary to
implement the provisions of this
Act with respect to the
management, use, and protection
of the public lands, including
the property located thereon. Any
person who knowingly and
willfully violates any such
regulation which is lawfully
issued pursuant to this Act shall
be fined no more than $1,000 or
imprisoned no more than twelve
months, or both. Any person
charged with a violation of such
regulation may be tried and
sentenced by any United States
magistrate judge designated for
that purpose by the court by
which he was appointed, in the
same manner and subject to the
same conditions and limitations
as provided for in section 3401
of title 18.
- (b) Civil actions by Attorney
General for violations of
regulations; nature of relief;
jurisdiction At the request of
the Secretary, the Attorney
General may institute a civil
action in any United States
district court for an injunction
or other appropriate order to
prevent any person from utilizing
public lands in violation of
regulations issued by the
Secretary under this Act.
- (c) Contracts for enforcement of
Federal laws and regulations by
local law enforcement officials;
procedure applicable; contract
requirements and implementation
- (1) When the Secretary
determines that
assistance is necessary
in enforcing Federal laws
and regulations relating
to the public lands or
their resources he shall
offer a contract to
appropriate local
officials having law
enforcement authority
within their respective
jurisdictions with the
view of achieving maximum
feasible reliance upon
local law enforcement
officials in enforcing
such laws and
regulations. The
Secretary shall negotiate
on reasonable terms with
such officials who have
authority to enter into
such contracts to enforce
such Federal laws and
regulations. In the
performance of their
duties under such
contracts such officials
and their agents are
authorized to carry
firearms; execute and
serve any warrant or
other process issued by a
court or officer of
competent jurisdiction;
make arrests without
warrant or process for a
misdemeanor he has
reasonable grounds to
believe is being
committed in his presence
or view, or for a felony
if he has reasonable
grounds to believe that
the person to be arrested
has committed or is
committing such felony;
search without warrant or
process any person,
place, or conveyance
according to any Federal
law or rule of law; and
seize without warrant or
process any evidentiary
item as provided by
Federal law. The
Secretary shall provide
such law enforcement
training as he deems
necessary in order to
carry out the contracted
for responsibilities.
While exercising the
powers and authorities
provided by such contract
pursuant to this section,
such law enforcement
officials and their
agents shall have all the
immunities of Federal law
enforcement officials.
- (2) The Secretary may
authorize Federal
personnel or appropriate
local officials to carry
out his law enforcement
responsibilities with
respect to the public
lands and their
resources. Such
designated personnel
shall receive the
training and have the
responsibilities and
authority provided for in
paragraph (1) of this
subsection.
- (d) Cooperation with regulatory
and law enforcement officials of
any State or political
subdivision in enforcement of
laws or ordinances In connection
with the administration and
regulation of the use and
occupancy of the public lands,
the Secretary is authorized to
cooperate with the regulatory and
law enforcement officials of any
State or political subdivision
thereof in the enforcement of the
laws or ordinances of such State
or subdivision. Such cooperation
may include reimbursement to a
State or its subdivision for
expenditures incurred by it in
connection with activities which
assist in the administration and
regulation of use and occupancy
of the public lands.
- (e) Uniformed desert ranger force
in California Desert Conservation
Area; establishment; enforcement
of Federal laws and regulations
Nothing in this section shall
prevent the Secretary from
promptly establishing a uniformed
desert ranger force in the
California Desert Conservation
Area established pursuant to
section 1781
of this title for the purpose of
enforcing Federal laws and
regulations relating to the
public lands and resources
managed by him in such area. The
officers and members of such
ranger force shall have the same
responsibilities and authority as
provided for in paragraph (1) of
subsection (c) of this section.
- (f) Applicability of other
Federal enforcement provisions
Nothing in this Act shall be
construed as reducing or limiting
the enforcement authority vested
in the Secretary by any other
statute.
- (g) Unlawful activities The use,
occupancy, or development of any
portion of the public lands
contrary to any regulation of the
Secretary or other responsible
authority, or contrary to any
order issued pursuant to any such
regulation, is unlawful and
prohibited.
Sec. 1734.
Fees, charges, and commissions
- (a) Authority to establish and
modify Notwithstanding any other
provision of law, the Secretary
may establish reasonable filing
and service fees and reasonable
charges, and commissions with
respect to applications and other
documents relating to the public
lands and may change and abolish
such fees, charges, and
commissions.
- (b) Deposits for payments to
reimburse reasonable costs of
United States The Secretary is
authorized to require a deposit
of any payments intended to
reimburse the United States for
reasonable costs with respect to
applications and other documents
relating to such lands. The
moneys received for reasonable
costs under this subsection shall
be deposited with the Treasury in
a special account and are hereby
authorized to be appropriated and
made available until expended. As
used in this section ''reasonable
costs'' include, but are not
limited to, the costs of special
studies; environmental impact
statements; monitoring
construction, operation,
maintenance, and termination of
any authorized facility; or other
special activities. In
determining whether costs are
reasonable under this section,
the Secretary may take into
consideration actual costs
(exclusive of management
overhead), the monetary value of
the rights or privileges sought
by the applicant, the efficiency
to the government processing
involved, that portion of the
cost incurred for the benefit of
the general public interest
rather than for the exclusive
benefit of the applicant, the
public service provided, and
other factors relevant to
determining the reasonableness of
the costs.
- (c) Refunds In any case where it
shall appear to the satisfaction
of the Secretary that any person
has made a payment under any
statute relating to the sale,
lease, use, or other disposition
of public lands which is not
required or is in excess of the
amount required by applicable law
and the regulations issued by the
Secretary, the Secretary, upon
application or otherwise, may
cause a refund to be made from
applicable funds.
Sec. 1734a.
Availability of excess fees
In fiscal year 1997 and thereafter,
all fees, excluding mining claim fees, in
excess of the fiscal year 1996
collections established by the Secretary
of the Interior under the authority of
section 1734 of this
title for processing, recording, or
documenting authorizations to use public
lands or public land natural resources
(including cultural, historical, and
mineral) and for providing specific
services to public land users, and which
are not presently being covered into any
Bureau of Land Management appropriation
accounts, and not otherwise dedicated by
law for a specific distribution, shall be
made immediately available for program
operations in this account and remain
available until expended.
Sec. 1735.
Forfeitures and deposits
- (a) Credit to separate account in
Treasury; appropriation and
availability Any moneys received
by the United States as a result
of the forfeiture of a bond or
other security by a resource
developer or purchaser or
permittee who does not fulfill
the requirements of his contract
or permit or does not comply with
the regulations of the Secretary;
or as a result of a compromise or
settlement of any claim whether
sounding in tort or in contract
involving present or potential
damage to the public lands shall
be credited to a separate account
in the Treasury and are hereby
authorized to be appropriated and
made available, until expended as
the Secretary may direct, to
cover the cost to the United
States of any improvement,
protection, or rehabilitation
work on those public lands which
has been rendered necessary by
the action which has led to the
forfeiture, compromise, or
settlement.
- (b) Expenditure of moneys
collected administering Oregon
and California Railroad and Coos
Bay Wagon Road Grant lands Any
moneys collected under this Act
in connection with lands
administered under the Act of
August 28, 1937 (50 Stat. 874; 43
U.S.C. 1181a-1181j), shall be
expended for the benefit of such
land only.
- (c) Refunds If any portion of a
deposit or amount forfeited under
this Act is found by the
Secretary to be in excess of the
cost of doing the work authorized
under this Act, the Secretary,
upon application or otherwise,
may cause a refund of the amount
in excess to be made from
applicable funds.
Sec. 1736.
Working capital fund
- (a) Establishment; availability
of fund There is hereby
established a working capital
fund for the management of the
public lands. This fund shall be
available without fiscal 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 of
Bureau programs, including but
not limited to, the purchase or
construction of storage
facilities, equipment yards, and
related improvements and the
purchase, lease, or rent of motor
vehicles, aircraft, heavy
equipment, and fire control and
other resource management
equipment within the limitations
set forth in appropriations made
to the Secretary for the Bureau.
- (b) Initial funding; subsequent
transfers The initial capital of
the fund shall consist of
appropriations made for that
purpose together with the fair
and reasonable value at the
fund's inception of the
inventories, equipment,
receivables, and other assets,
less the liabilities, transferred
to the fund. The Secretary is
authorized to make such
subsequent transfers to the fund
as he deems appropriate in
connection with the functions to
be carried on through the fund.
- (c) Payments credited to fund;
amount; advancement or
reimbursement The fund shall be
credited with payments from
appropriations, and funds of the
Bureau, other agencies of the
Department of the Interior, other
Federal agencies, and other
sources, as authorized by law, at
rates approximately equal to the
cost of furnishing the
facilities, supplies, equipment,
and services (including
depreciation and accrued annual
leave). Such payments may be made
in advance in connection with
firm orders, or by way of
reimbursement.
- (d) Authorization of
appropriations There is hereby
authorized to be appropriated a
sum not to exceed $3,000,000 as
initial capital of the working
capital fund.
Sec. 1736a.
Revolving fund derived from disposal of
salvage timber
There is hereby established in the
Treasury of the United States a special
fund to be derived on and after October
5, 1992, from the Federal share of moneys
received from the disposal of salvage
timber prepared for sale from the lands
under the jurisdiction of the Bureau of
Land Management, Department of the
Interior. The money in this fund shall be
immediately available to the Bureau of
Land Management without further
appropriation, for the purposes of
planning and preparing salvage timber for
disposal, the administration of salvage
timber sales, and subsequent site
preparation and reforestation.
Sec. 1737.
Implementation provisions
- (a) Investigations, studies, and
experiments The Secretary may
conduct investigations, studies,
and experiments, on his own
initiative or in cooperation with
others, involving the management,
protection, development,
acquisition, and conveying of the
public lands.
- (b) Contracts and cooperative
agreements Subject to the
provisions of applicable law, the
Secretary may enter into
contracts and cooperative
agreements involving the
management, protection,
development, and sale of public
lands.
- (c) Contributions and donations
of money, services, and property
The Secretary may accept
contributions or donations of
money, services, and property,
real, personal, or mixed, for the
management, protection,
development, acquisition, and
conveying of the public lands,
including the acquisition of
rights-of-way for such purposes.
He may accept contributions for
cadastral surveying performed on
federally controlled or
intermingled lands. Moneys
received hereunder shall be
credited to a separate account in
the Treasury and are hereby
authorized to be appropriated and
made available until expended, as
the Secretary may direct, for
payment of expenses incident to
the function toward the
administration of which the
contributions were made and for
refunds to depositors of amounts
contributed by them in specific
instances where contributions are
in excess of their share of the
cost.
- (d) Recruitment of volunteers The
Secretary may recruit, without
regard to the civil service
classification laws, rules, or
regulations, the services of
individuals contributed without
compensation as volunteers for
aiding in or facilitating the
activities administered by the
Secretary through the Bureau of
Land Management.
- (e) Restrictions on activities of
volunteers In accepting such
services of individuals as
volunteers, the Secretary -
- (1) shall not permit the
use of volunteers in
hazardous duty or law
enforcement work, or in
policymaking processes or
to displace any employee;
and
- (2) may provide for
services or costs
incidental to the
utilization of
volunteers, including
transportation, supplies,
lodging, subsistence,
recruiting, training, and
supervision.
- (f) Federal employment status of
volunteers Volunteers shall not
be deemed employees of the United
States except for the purposes of
-
- (1) the tort claims
provisions of title 28;
- (2) subchapter 1 of
chapter 81 of title 5;
and So in original.
Probably should be
subchapter ''I''.
- (3) claims relating to
damage to, or loss of,
personal property of a
volunteer incident to
volunteer service, in
which case the provisions
of section 3721 of title
31 shall apply.
- (g) Authorization of
appropriations Effective with
fiscal years beginning after
September 30, 1984, there are
authorized to be appropriated
such sums as may be necessary to
carry out the provisions of
subsection (d) of this section,
but not more than $250,000 may be
appropriated for any one fiscal
year.
Sec. 1738.
Contracts for surveys and resource
protection; renewals; funding
requirements
- (a) The Secretary is authorized
to enter into contracts for the
use of aircraft, and for supplies
and services, prior to the
passage of an appropriation
therefor, for airborne cadastral
survey and resource protection
operations of the Bureau. He may
renew such contracts annually,
not more than twice, without
additional competition. Such
contracts shall obligate funds
for the fiscal years in which the
costs are incurred.
- (b) Each such contract shall
provide that the obligation of
the United States for the ensuing
fiscal years is contingent upon
the passage of an applicable
appropriation, and that no
payment shall be made under the
contract for the ensuing fiscal
years until such appropriation
becomes available for
expenditure.
Sec. 1739.
Advisory councils
- (a) Establishment; membership;
operation The Secretary shall
establish advisory councils of
not less than ten and not more
than fifteen members appointed by
him from among persons who are
representative of the various
major citizens' interests
concerning the problems relating
to land use planning or the
management of the public lands
located within the area for which
an advisory council is
established. At least one member
of each council shall be an
elected official of general
purpose government serving the
people of such area. To the
extent practicable there shall be
no overlap or duplication of such
councils. Appointments shall be
made in accordance with rules
prescribed by the Secretary. The
establishment and operation of an
advisory council established
under this section shall conform
to the requirements of the
Federal Advisory Committee Act
(86 Stat. 770).
- (b) Meetings Notwithstanding the
provisions of subsection (a) of
this section, each advisory
council established by the
Secretary under this section
shall meet at least once a year
with such meetings being called
by the Secretary.
- (c) Travel and per diem payments
Members of advisory councils
shall serve without pay, except
travel and per diem will be paid
each member for meetings called
by the Secretary.
- (d) Functions An advisory council
may furnish advice to the
Secretary with respect to the
land use planning,
classification, retention,
management, and disposal of the
public lands within the area for
which the advisory council is
established and such other
matters as may be referred to it
by the Secretary.
- (e) Public participation;
procedures applicable In
exercising his authorities under
this Act, the Secretary, by
regulation, shall establish
procedures, including public
hearings where appropriate, to
give the Federal, State, and
local governments and the public
adequate notice and an
opportunity to comment upon the
formulation of standards and
criteria for, and to participate
in, the preparation and execution
of plans and programs for, and
the management of, the public
lands.
Sec. 1740.
Rules and regulations
The Secretary, with respect to the
public lands, shall promulgate rules and
regulations to carry out the purposes of
this Act and of other laws applicable to
the public lands, and the Secretary of
Agriculture, with respect to lands within
the National Forest System, shall
promulgate rules and regulations to carry
out the purposes of this Act. The
promulgation of such rules and
regulations shall be governed by the
provisions of chapter 5 of title 5,
without regard to section 553(a)(2).
Prior to the promulgation of such rules
and regulations, such lands shall be
administered under existing rules and
regulations concerning such lands to the
extent practical.
Sec. 1741.
Annual reports
- (a) Purpose; time for submission
For the purpose of providing
information that will aid
Congress in carrying out its
oversight responsibilities for
public lands programs and for
other purposes, the Secretary
shall prepare a report in
accordance with subsections (b)
and (c) of this section and
submit it to the Congress no
later than one hundred and twenty
days after the end of each fiscal
year beginning with the report
for fiscal year 1979.
- (b) Format A list of programs and
specific information to be
included in the report as well as
the format of the report shall be
developed by the Secretary after
consulting with the Committee on
Natural Resources of the House of
Representatives and the Committee
on Energy and Natural Resources
of the Senate and shall be
provided to the committees prior
to the end of the second quarter
of each fiscal year.
- (c) Contents The report shall
include, but not be limited to,
program identification
information, program evaluation
information, and program
budgetary information for the
preceding current and succeeding
fiscal years.
Sec. 1742.
Search, rescue, and protection forces;
emergency situations authorizing hiring
Where in his judgment sufficient
search, rescue, and protection forces are
not otherwise available, the Secretary is
authorized in cases of emergency to incur
such expenses as may be necessary (a) in
searching for and rescuing, or in
cooperating in the search for and rescue
of, persons lost on the public lands, (b)
in protecting or rescuing, or in
cooperating in the protection and rescue
of, persons or animals endangered by an
act of God, and (c) in transporting
deceased persons or persons seriously ill
or injured to the nearest place where
interested parties or local authorities
are located.
Sec. 1743.
Disclosure of financial interests by
officers or employees
- (a) Annual written statement;
availability to public Each
officer or employee of the
Secretary and the Bureau who -
- (1) performs any function
or duty under this Act;
and
- (2) has any known
financial interest in any
person who (A) applies
for or receives any
permit, lease, or
right-of-way under, or
(B) applies for or
acquires any land or
interests therein under,
or (C) is otherwise
subject to the provisions
of, this Act, shall,
beginning on February 1,
1977, annually file with
the Secretary a written
statement concerning all
such interests held by
such officer or employee
during the preceding
calendar year. Such
statement shall be
available to the public.
- (b) Implementation of
requirements The Secretary shall
-
- (1) act within ninety
days after October 21,
1976 -
- (A) to define the
term ''known financial
interests'' for the
purposes of subsection
(a) of this section; and
- (B) to establish the
methods by which the
requirement to file
written statements
specified in subsection
(a) of this section will
be monitored and
enforced, including
appropriate provisions
for the filing by such
officers and employees of
such statements and the
review by the Secretary
of such statements; and
- (2) report to the
Congress on June 1 of
each calendar year with
respect to such
disclosures and the
actions taken in regard
thereto during the
preceding calendar year.
- (c) Exempted personnel In the
rules prescribed in subsection
(b) of this section, the
Secretary may identify specific
positions within the Department
of the Interior which are of a
nonregulatory or nonpolicymaking
nature and provide that officers
or employees occupying such
positions shall be exempt from
the requirements of this section.
- (d) Violations; criminal
penalties Any officer or employee
who is subject to, and knowingly
violates, this section, shall be
fined not more than $2,500 or
imprisoned not more than one
year, or both.
Sec. 1744.
Recordation of mining claims
- (a) Filing requirements The owner
of an unpatented lode or placer
mining claim located prior to
October 21, 1976, shall, within
the three-year period following
October 21, 1976 and prior to
December 31 of each year
thereafter, file the instruments
required by paragraphs (1) and
(2) of this subsection. The owner
of an unpatented lode or placer
mining claim located after
October 21, 1976 shall, prior to
December 31 of each year
following the calendar year in
which the said claim was located,
file the instruments required by
paragraphs (1) and (2) of this
subsection:
- (1) File for record in
the office where the
location notice or
certificate is recorded
either a notice of
intention to hold the
mining claim (including
but not limited to such
notices as are provided
by law to be filed when
there has been a
suspension or deferment
of annual assessment
work), an affidavit of
assessment work performed
thereon, on a detailed
report provided by
section 28-1 of title 30,
relating thereto.
- (2) File in the office of
the Bureau designated by
the Secretary a copy of
the official record of
the instrument filed or
recorded pursuant to
paragraph (1) of this
subsection, including a
description of the
location of the mining
claim sufficient to
locate the claimed lands
on the ground.
- (b) Additional filing
requirements The owner of an
unpatented lode or placer mining
claim or mill or tunnel site
located prior to October 21, 1976
shall, within the three-year
period following October 21,
1976, file in the office of the
Bureau designated by the
Secretary a copy of the official
record of the notice of location
or certificate of location,
including a description of the
location of the mining claim or
mill or tunnel site sufficient to
locate the claimed lands on the
ground. The owner of an
unpatented lode or placer mining
claim or mill or tunnel site
located after October 21, 1976
shall, within ninety days after
the date of location of such
claim, file in the office of the
Bureau designated by the
Secretary a copy of the official
record of the notice of location
or certificate of location,
including a description of the
location of the mining claim or
mill or tunnel site sufficient to
locate the claimed lands on the
ground.
- (c) Failure to file as
constituting abandonment;
defective or untimely filing The
failure to file such instruments
as required by subsections (a)
and (b) of this section shall be
deemed conclusively to constitute
an abandonment of the mining
claim or mill or tunnel site by
the owner; but it shall not be
considered a failure to file if
the instrument is defective or
not timely filed for record under
other Federal laws permitting
filing or recording thereof, or
if the instrument is filed for
record by or on behalf of some
but not all of the owners of the
mining claim or mill or tunnel
site.
- (d) Validity of claims, waiver of
assessment, etc., as unaffected
Such recordation or application
by itself shall not render valid
any claim which would not be
otherwise valid under applicable
law. Nothing in this section
shall be construed as a waiver of
the assessment and other
requirements of such law.
Sec. 1745.
Disclaimer of interest in lands
- (a) Issuance of recordable
document; criteria After
consulting with any affected
Federal agency, the Secretary is
authorized to issue a document of
disclaimer of interest or
interests in any lands in any
form suitable for recordation,
where the disclaimer will help
remove a cloud on the title of
such lands and where he
determines (1) a record interest
of the United States in lands has
terminated by operation of law or
is otherwise invalid; or (2) the
lands lying between the meander
line shown on a plat of survey
approved by the Bureau or its
predecessors and the actual
shoreline of a body of water are
not lands of the United States;
or (3) accreted, relicted, or
avulsed lands are not lands of
the United States.
- (b) Procedures applicable No
document or disclaimer shall be
issued pursuant to this section
unless the applicant therefor has
filed with the Secretary an
application in writing and notice
of such application setting forth
the grounds supporting such
application has been published in
the Federal Register at least
ninety days preceding the
issuance of such disclaimer and
until the applicant therefor has
paid to the Secretary the
administrative costs of issuing
the disclaimer as determined by
the Secretary. All receipts shall
be deposited to the then-current
appropriation from which
expended.
- (c) Construction as quit-claim
deed from United States Issuance
of a document of disclaimer by
the Secretary pursuant to the
provisions of this section and
regulations promulgated hereunder
shall have the same effect as a
quit-claim deed from the United
States.
Sec. 1746.
Correction of conveyance documents
The Secretary may correct patents or
documents of conveyance issued pursuant
to section 1718 of
this title or to other Acts relating to
the disposal of public lands where
necessary in order to eliminate errors.
In addition, the Secretary may make
corrections of errors in any documents of
conveyance which have heretofore been
issued by the Federal Government to
dispose of public lands.
Sec. 1747. Loans to
States and political subdivisions;
purposes; amounts; allocation; terms and
conditions; interest rate; security;
limitations; forebearance for benefit of
borrowers; recordkeeping requirements;
discrimination prohibited; deposit of
receipts
- (1) The Secretary is authorized
to make loans to States and their
political subdivisions in order
to relieve social or economic
impacts occasioned by the
development of minerals leased in
such States pursuant to the Act
of February 25, 1920, as amended
(30 U.S.C. 181 et seq.). Such
loans shall be confined to the
uses specified for the 50 per
centum of mineral leasing
revenues to be received by such
States and subdivisions pursuant
to section 35 of such Act (30
U.S.C. 191).
- (2) The total amount of loans
outstanding pursuant to this
section for any State and
political subdivisions thereof in
any year shall be not more than
the anticipated mineral leasing
revenues to be received by that
State pursuant to section 35 of
the Act of February 25, 1920, as
amended (30 U.S.C. 191), for the
ten years following.
- (3) The Secretary, after
consultation with the Governors
of the affected States, shall
allocate such loans among the
States and their political
subdivisions in a fair and
equitable manner, giving priority
to those States and subdivisions
suffering the most severe
impacts.
- (4) Loans made pursuant to this
section shall be subject to such
terms and conditions as the
Secretary determines necessary to
assure the achievement of the
purpose of this section. The
Secretary shall promulgate such
regulations as may be necessary
to carry out the provisions of
this section no later than three
months after August 20, 1978.
- (5) Loans made pursuant to this
section shall bear interest
equivalent to the lowest interest
rate paid on an issue of at least
$1,000,000 of tax exempt bonds of
such State or any agency thereof
within the preceding calendar
year.
- (6) Any loan made pursuant to
this section shall be secured
only by a pledge of the revenues
received by the State or the
political subdivision thereof
pursuant to section 35 of the Act
of February 25, 1920, as amended
(30 U.S.C. 191), and shall not
constitute an obligation upon the
general property or taxing
authority of such unit of
government.
- (7) Notwithstanding any other
provision of law, loans made
pursuant to this section may be
used for the non-Federal share of
the aggregate cost of any project
or program otherwise funded by
the Federal Government which
requires a non-Federal share for
such project or program and which
provides planning or public
facilities otherwise eligible for
assistance under this section.
- (8) Nothing in this section shall
be construed to preclude any
forebearance for the benefit of
the borrower including loan
restructuring, which may be
determined by the Secretary as
justified by the failure of
anticipated mineral development
or related revenues to
materialize as expected when the
loan was made pursuant to this
section.
- >(9) Recipients of loans made
pursuant to this section shall
keep such records as the
Secretary shall prescribe by
regulation, including records
which fully disclose the
disposition of the proceeds of
such assistance and such other
records as the Secretary may
require to facilitate an
effective audit. The Secretary
and the Comptroller General of
the United States or their duly
authorized representatives shall
have access, for the purpose of
audit, to such records.
- (10) No person in the United
States shall, on the grounds of
race, color, religion, national
origin, or sex be excluded from
participation in, be denied the
benefits of, or be subjected to
discrimination under, any program
or activity funded in whole or
part with funds made available
under this section.
- (11) All amounts collected in
connection with loans made
pursuant to this section,
including interest payments or
repayments of principal on loans,
fees, and other moneys, derived
in connection with this section,
shall be deposited in the
Treasury as miscellaneous
receipts.
Sec. 1748.
Funding requirements
- (a) Authorization of
appropriations There are
authorized to be appropriated
such sums as are necessary to
carry out the purposes and
provisions of this Act, but no
amounts shall be appropriated to
carry out after October 1, 2002,
any program, function, or
activity of the Bureau under this
or any other Act unless such sums
are specifically authorized to be
appropriated as of October 21,
1976 or are authorized to be
appropriated in accordance with
the provisions of subsection (b)
of this section.
- (b) Procedure applicable for
authorization of appropriations
Consistent with section 1110 of
title 31, beginning May 15, 1977,
and not later than May 15 of each
second even numbered year
thereafter, the Secretary shall
submit to the Speaker of the
House of Representatives and the
President of the Senate a request
for the authorization of
appropriations for all programs,
functions, and activities of the
Bureau to be carried out during
the four-fiscal-year period
beginning on October 1 of the
calendar year following the
calendar year in which such
request is submitted. The
Secretary shall include in his
request, in addition to the
information contained in his
budget request and justification
statement to the Office of
Management and Budget, the
funding levels which he
determines can be efficiently and
effectively utilized in the
execution of his responsibilities
for each such program, function,
or activity, notwithstanding any
budget guidelines or limitations
imposed by any official or agency
of the executive branch.
- (c) Distribution of receipts from
Bureau from disposal of lands,
etc. Nothing in this section
shall apply to the distribution
of receipts of the Bureau from
the disposal of lands, natural
resources, and interests in lands
in accordance with applicable
law, nor to the use of
contributed funds, private
deposits for public survey work,
and townsite trusteeships, nor to
fund allocations from other
Federal agencies, reimbursements
from both Federal and non-Federal
sources, and funds expended for
emergency firefighting and
rehabilitation.
- (d) Purchase of certain public
lands from Land and Water
Conservation Fund In exercising
the authority to acquire by
purchase granted by section 1715(a) of this
title, the Secretary may use the
Land and Water Conservation Fund
to purchase lands which are
necessary for proper management
of public lands which are
primarily of value for outdoor
recreation purposes.
SUBCHAPTER IV -
RANGE MANAGEMENT
Sec. 1751.
Grazing fees; feasibility study;
contents; submission of report; annual
distribution and use of range betterment
funds; nature of distributions
- (a) The Secretary of Agriculture
and the Secretary of the Interior
shall jointly cause to be
conducted a study to determine
the value of grazing on the lands
under their jurisdiction in the
eleven Western States with a view
to establishing a fee to be
charged for domestic livestock
grazing on such lands which is
equitable to the United States
and to the holders of grazing
permits and leases on such lands.
In making such study, the
Secretaries shall take into
consideration the costs of
production normally associated
with domestic livestock grazing
in the eleven Western States,
differences in forage values, and
such other factors as may relate
to the reasonableness of such
fees. The Secretaries shall
report the result of such study
to the Congress not later than
one year from and after October
21, 1976, together with
recommendations to implement a
reasonable grazing fee schedule
based upon such study. If the
report required herein has not
been submitted to the Congress
within one year after October 21,
1976, the grazing fee charge then
in effect shall not be altered
and shall remain the same until
such report has been submitted to
the Congress. Neither Secretary
shall increase the grazing fee in
the 1977 grazing year.
- (b)
- (1) Congress finds that a
substantial amount of the
Federal range lands is
deteriorating in quality,
and that installation of
additional range
improvements could arrest
much of the continuing
deterioration and could
lead to substantial
betterment of forage
conditions with resulting
benefits to wildlife,
watershed protection, and
livestock production.
Congress therefore
directs that 50 per
centum or $10,000,000 per
annum, whichever is
greater of all moneys
received by the United
States as fees for
grazing domestic
livestock on public lands
(other than from ceded
Indian lands) under the
Taylor Grazing Act (48
Stat. 1269; 43 U.S.C. 315
et seq.) and the Act of
August 28, 1937 (50 Stat.
874; 43 U.S.C. 1181d),
and on lands in National
Forests in the sixteen
contiguous Western States
under the provisions of
this section shall be
credited to a separate
account in the Treasury,
one-half of which is
authorized to be
appropriated and made
available for use in the
district, region, or
national forest from
which such moneys were
derived, as the
respective Secretary may
direct after consultation
with district, regional,
or national forest user
representatives, for the
purpose of on-the-ground
range rehabilitation,
protection, and
improvements on such
lands, and the remaining
one-half shall be used
for on-the-ground range
rehabilitation,
protection, and
improvements as the
Secretary concerned
directs. Any funds so
appropriated shall be in
addition to any other
appropriations made to
the respective Secretary
for planning and
administration of the
range betterment program
and for other range
management. Such
rehabilitation,
protection, and
improvements shall
include all forms of
range land betterment
including, but not
limited to, seeding and
reseeding, fence
construction, weed
control, water
development, and fish and
wildlife habitat
enhancement as the
respective Secretary may
direct after consultation
with user
representatives. The
annual distribution and
use of range betterment
funds authorized by this
paragraph shall not be
considered a major
Federal action requiring
a detailed statement
pursuant to section
4332(c) of title 42.
- (2) All distributions of
moneys made under
subsection (b)(1) of this
section shall be in
addition to distributions
made under section 10 of
the Taylor Grazing Act
(43 U.S.C. 315i) and
shall not apply to
distribution of moneys
made under section 11 of
that Act (43 U.S.C.
315j). The remaining
moneys received by the
United States as fees for
grazing domestic
livestock on the public
lands shall be deposited
in the Treasury as
miscellaneous receipts.
Sec. 1752.
Grazing leases and permits
- (a) Terms and conditions Except
as provided in subsection (b) of
this section, permits and leases
for domestic livestock grazing on
public lands issued by the
Secretary under the Act of June
28, 1934 (48 Stat. 1269, as
amended; 43 U.S.C. 315 et seq.)
or the Act of August 28, 1937 (50
Stat. 874, as amended; 43 U.S.C.
1181a-1181j), or by the Secretary
of Agriculture, with respect to
lands within National Forests in
the sixteen contiguous Western
States, shall be for a term of
ten years subject to such terms
and conditions the Secretary
concerned deems appropriate and
consistent with the governing
law, including, but not limited
to, the authority of the
Secretary concerned to cancel,
suspend, or modify a grazing
permit or lease, in whole or in
part, pursuant to the terms and
conditions thereof, or to cancel
or suspend a grazing permit or
lease for any violation of a
grazing regulation or of any term
or condition of such grazing
permit or lease.
- (b) Terms of lesser duration
Permits or leases may be issued
by the Secretary concerned for a
period shorter than ten years
where the Secretary concerned
determines that -
- (1) the land is pending
disposal; or
- (2) the land will be
devoted to a public
purpose prior to the end
of ten years; or
- (3) it will be in the
best interest of sound
land management to
specify a shorter term:
Provided, That the
absence from an allotment
management plan of
details the Secretary
concerned would like to
include but which are
undeveloped shall not be
the basis for
establishing a term
shorter than ten years:
Provided further, That
the absence of completed
land use plans or court
ordered environmental
statements shall not be
the sole basis for
establishing a term
shorter than ten years
unless the Secretary
determines on a
case-by-case basis that
the information to be
contained in such land
use plan or court ordered
environmental impact
statement is necessary to
determine whether a
shorter term should be
established for any of
the reasons set forth in
items
- (1) through (3) of this
subsection.
- (c) First priority for renewal of
expiring permit or lease So long
as (1) the lands for which the
permit or lease is issued remain
available for domestic livestock
grazing in accordance with land
use plans prepared pursuant to
section 1712
of this title or section 1604 of
title 16, (2) the permittee or
lessee is in compliance with the
rules and regulations issued and
the terms and conditions in the
permit or lease specified by the
Secretary concerned, and (3) the
permittee or lessee accepts the
terms and conditions to be
included by the Secretary
concerned in the new permit or
lease, the holder of the expiring
permit or lease shall be given
first priority for receipt of the
new permit or lease.
- (d) Allotment management plan
requirements All permits and
leases for domestic livestock
grazing issued pursuant to this
section may incorporate an
allotment management plan
developed by the Secretary
concerned. However, nothing in
this subsection shall be
construed to supersede any
requirement for completion of
court ordered environmental
impact statements prior to
development and incorporation of
allotment management plans. If
the Secretary concerned elects to
develop an allotment management
plan for a given area, he shall
do so in careful and considered
consultation, cooperation and
coordination with the lessees,
permittees, and landowners
involved, the district grazing
advisory boards established
pursuant to section 1753 of this
title, and any State or States
having lands within the area to
be covered by such allotment
management plan. Allotment
management plans shall be
tailored to the specific range
condition of the area to be
covered by such plan, and shall
be reviewed on a periodic basis
to determine whether they have
been effective in improving the
range condition of the lands
involved or whether such lands
can be better managed under the
provisions of subsection (e) of
this section. The Secretary
concerned may revise or terminate
such plans or develop new plans
from time to time after such
review and careful and considered
consultation, cooperation and
coordination with the parties
involved. As used in this
subsection, the terms ''court
ordered environmental impact
statement'' and ''range
condition'' shall be defined as
in the ''Public Rangelands
Improvement Act of 1978 (43
U.S.C. 1901 et seq.)''.
- (e) Omission of allotment
management plan requirements and
incorporation of appropriate
terms and conditions;
reexamination of range conditions
In all cases where the Secretary
concerned has not completed an
allotment management plan or
determines that an allotment
management plan is not necessary
for management of livestock
operations and will not be
prepared, the Secretary concerned
shall incorporate in grazing
permits and leases such terms and
conditions as he deems
appropriate for management of the
permitted or leased lands
pursuant to applicable law. The
Secretary concerned shall also
specify therein the numbers of
animals to be grazed and the
seasons of use and that he may
reexamine the condition of the
range at any time and, if he
finds on reexamination that the
condition of the range requires
adjustment in the amount or other
aspect of grazing use, that the
permittee or lessee shall adjust
his use to the extent the
Secretary concerned deems
necessary. Such readjustment
shall be put into full force and
effect on the date specified by
the Secretary concerned.
- (f) Allotment management plan
applicability to non-Federal
lands; appeal rights Allotment
management plans shall not refer
to livestock operations or range
improvements on non-Federal lands
except where the non-Federal
lands are intermingled with, or,
with the consent of the permittee
or lessee involved, associated
with, the Federal lands subject
to the plan. The Secretary
concerned under appropriate
regulations shall grant to
lessees and permittees the right
of appeal from decisions which
specify the terms and conditions
of allotment management plans.
The preceding sentence of this
subsection shall not be construed
as limiting any other right of
appeal from decisions of such
officials.
- (g) Cancellation of permit or
lease; determination of
reasonable compensation; notice
Whenever a permit or lease for
grazing domestic livestock is
canceled in whole or in part, in
order to devote the lands covered
by the permit or lease to another
public purpose, including
disposal, the permittee or lessee
shall receive from the United
States a reasonable compensation
for the adjusted value, to be
determined by the Secretary
concerned, of his interest in
authorized permanent improvements
placed or constructed by the
permittee or lessee on lands
covered by such permit or lease,
but not to exceed the fair market
value of the terminated portion
of the permittee's or lessee's
interest therein. Except in cases
of emergency, no permit or lease
shall be canceled under this
subsection without two years'
prior notification.
- (h) Applicability of provisions
to rights, etc., in or to public
lands or lands in National
Forests Nothing in this Act shall
be construed as modifying in any
way law existing on October 21,
1976, with respect to the
creation of right, title,
interest or estate in or to
public lands or lands in National
Forests by issuance of grazing
permits and leases.
Sec. 1753.
Grazing advisory boards
- (a) Establishment; maintenance
For each Bureau district office
and National Forest headquarters
office in the sixteen contiguous
Western States having
jurisdiction over more than five
hundred thousand acres of lands
subject to commercial livestock
grazing (hereinafter in this
section referred to as
''office''), the Secretary and
the Secretary of Agriculture,
upon the petition of a simple
majority of the livestock lessees
and permittees under the
jurisdiction of such office,
shall establish and maintain at
least one grazing advisory board
of not more than fifteen
advisers.
- (b) Functions The function of
grazing advisory boards
established pursuant to this
section shall be to offer advice
and make recommendations to the
head of the office involved
concerning the development of
allotment management plans and
the utilization of
range-betterment funds.
- (c) Appointment and terms of
members The number of advisers on
each board and the number of
years an adviser may serve shall
be determined by the Secretary
concerned in his discretion. Each
board shall consist of livestock
representatives who shall be
lessees or permittees in the area
administered by the office
concerned and shall be chosen by
the lessees and permittees in the
area through an election
prescribed by the Secretary
concerned.
- (d) Meetings Each grazing
advisory board shall meet at
least once annually.
- (e) Federal Advisory Committee
Act applicability Except as may
be otherwise provided by this
section, the provisions of the
Federal Advisory Committee Act
(86 Stat. 770) shall apply to
grazing advisory boards.
- (f) Expiration date The
provisions of this section shall
expire December 31, 1985.
SUBCHAPTER V -
RIGHTS-OF-WAY
Sec. 1761.
Grant, issue, or renewal of rights-of-way
- (a) Authorized purposes The
Secretary, with respect to the
public lands (including public
lands, as defined in section 1702(e) of this
title, which are reserved from
entry pursuant to section 24 of
the Federal Power Act (16 U.S.C.
818)) and, the Secretary of
Agriculture, with respect to
lands within the National Forest
System (except in each case land
designated as wilderness), are
authorized to grant, issue, or
renew rights-of-way over, upon,
under, or through such lands for
-
- (1) reservoirs, canals,
ditches, flumes,
laterals, pipes,
pipelines, tunnels, and
other facilities and
systems for the
impoundment, storage,
transportation, or
distribution of water;
- (2) pipelines and other
systems for the
transportation or
distribution of liquids
and gases, other than
water and other than oil,
natural gas, synthetic
liquid or gaseous fuels,
or any refined product
produced therefrom, and
for storage and terminal
facilities in connection
therewith;
- (3) pipelines, slurry and
emulsion systems, and
conveyor belts for
transportation and
distribution of solid
materials, and facilities
for the storage of such
materials in connection
therewith;
- (4) systems for
generation, transmission,
and distribution of
electric energy, except
that the applicant shall
also comply with all
applicable requirements
of the Federal Energy
Regulatory Commission
under the Federal Power
Act, including part 1
thereof (41 Stat. 1063,
16 U.S.C. 791a-825r).;
- (5) systems for
transmission or reception
of radio, television,
telephone, telegraph, and
other electronic signals,
and other means of
communication;
- (6) roads, trails,
highways, railroads,
canals, tunnels,
tramways, airways,
livestock driveways, or
other means of
transportation except
where such facilities are
constructed and
maintained in connection
with commercial
recreation facilities on
lands in the National
Forest System; or
- (7) such other necessary
transportation or other
systems or facilities
which are in the public
interest and which
require rights-of-way
over, upon, under, or
through such lands.
- (b) Procedures applicable;
administration
- (1) The Secretary
concerned shall require,
prior to granting,
issuing, or renewing a
right-of-way, that the
applicant submit and
disclose those plans,
contracts, agreements, or
other information
reasonably related to the
use, or intended use, of
the right-of-way,
including its effect on
competition, which he
deems necessary to a
determination, in
accordance with the
provisions of this Act,
as to whether a
right-of-way shall be
granted, issued, or
renewed and the terms and
conditions which should
be included in the
right-of-way.
- (2) If the applicant is a
partnership, corporation,
association, or other
business entity, the
Secretary concerned,
prior to granting a
right-to-way pursuant to
this subchapter, shall
require the applicant to
disclose the identity of
the participants in the
entity, when he deems it
necessary to a
determination, in
accordance with the
provisions of this
subchapter, as to whether
a right-of-way shall be
granted, issued, or
renewed and the terms and
conditions which should
be included in the
right-of-way. Such
disclosures shall
include, where
applicable: (A) the name
and address of each
partner; (B) the name and
address of each
shareholder owning 3 per
centum or more of the
shares, together with the
number and percentage of
any class of voting
shares of the entity
which such shareholder is
authorized to vote; and
(C) the name and address
of each affiliate of the
entity together with, in
the case of an affiliate
controlled by the entity,
the number of shares and
the percentage of any
class of voting stock of
that affiliate owned,
directly or indirectly,
by that entity, and, in
the case of an affiliate
which controls that
entity, the number of
shares and the percentage
of any class of voting
stock of that entity
owned, directly or
indirectly, by the
affiliate.
- (3) The Secretary of
Agriculture shall have
the authority to
administer all
rights-of-way granted or
issued under authority of
previous Acts with
respect to lands under
the jurisdiction of the
Secretary of Agriculture,
including rights-of-way
granted or issued
pursuant to authority
given to the Secretary of
the Interior by such
previous Acts.
- (c) Permanent easement for water
systems; issuance, preconditions,
etc.
- (1) Upon receipt of a
written application
pursuant to paragraph (2)
of this subsection from
an applicant meeting the
requirements of this
subsection, the Secretary
of Agriculture shall
issue a permanent
easement, without a
requirement for
reimbursement, for a
water system as described
in subsection (a)(1) of
this section, traversing
Federal lands within the
National Forest System
(''National Forest
Lands''), constructed and
in operation or placed
into operation prior to
October 21, 1976, if -
- (A) the traversed
National Forest lands are
in a State where the
appropriation doctrine
governs the ownership of
water rights;
- (B) at the time of
submission of the
application the water
system is used solely for
agricultural irrigation
or livestock watering
purposes;
- (C) the use served by
the water system is not
located solely on Federal
lands;
- (D) the originally
constructed facilities
comprising such system
have been in
substantially continuous
operation without
abandonment;
- (E) the applicant has
a valid existing right,
established under
applicable State law, for
water to be conveyed by
the water system;
- (F) a recordable
survey and other
information concerning
the location and
characteristics of the
system as necessary for
proper management of
National Forest lands is
provided to the Secretary
of Agriculture by the
applicant for the
easement; and
- (G) the applicant
submits such application
on or before December 31,
1996.
- (2)
- (A) Nothing in this
subsection shall be
construed as affecting
any grants made by any
previous Act. To the
extent any such previous
grant of right-of-way is
a valid existing right,
it shall remain in full
force and effect unless
an owner thereof notifies
the Secretary of
Agriculture that such
owner elects to have a
water system on such
right-of-way governed by
the provisions of this
subsection and submits a
written application for
issuance of an easement
pursuant to this
subsection, in which case
upon the issuance of an
easement pursuant to this
subsection such previous
grant shall be deemed to
have been relinquished
and shall terminate.
- (B) Easements issued
under the authority of
this subsection shall be
fully transferable with
all existing conditions
and without the
imposition of fees or new
conditions or
stipulations at the time
of transfer. The holder
shall notify the
Secretary of Agriculture
within sixty days of any
address change of the
holder or change in
ownership of the
facilities.
- (C) Easements issued
under the authority of
this subsection shall
include all changes or
modifications to the
original facilities in
existence as of October
21, 1976, the date of
enactment of this Act.
- (D) Any future
extension or enlargement
of facilities after
October 21, 1976, shall
require the issuance of a
separate authorization,
not authorized under this
subsection.
- (3)
- (A) Except as
otherwise provided in
this subsection, the
Secretary of Agriculture
may terminate or suspend
an easement issued
pursuant to this
subsection in accordance
with the procedural and
other provisions of
section 1766
of this title. An
easement issued pursuant
to this subsection shall
terminate if the water
system for which such
easement was issued is
used for any purpose
other than agricultural
irrigation or livestock
watering use. For
purposes of subparagraph
(D) of paragraph (1) of
this subsection, non-use
of a water system for
agricultural irrigation
or livestock watering
purposes for any
continuous five-year
period shall constitute a
rebuttable presumption of
abandonment of the
facilities comprising
such system.
- (B) Nothing in this
subsection shall be
deemed to be an assertion
by the United States of
any right or claim with
regard to the
reservation, acquisition,
or use of water. Nothing
in this subsection shall
be deemed to confer on
the Secretary of
Agriculture any power or
authority to regulate or
control in any manner the
appropriation, diversion,
or use of water for any
purpose (nor to diminish
any such power or
authority of such
Secretary under
applicable law) or to
require the conveyance or
transfer to the United
States of any right or
claim to the
appropriation, diversion,
or use of water.
- (C) Except as
otherwise provided in
this subsection, all
rights-of-way issued
pursuant to this
subsection are subject to
all conditions and
requirements of this Act.
- (D) In the event a
right-of-way issued
pursuant to this
subsection is allowed to
deteriorate to the point
of threatening persons or
property and the holder
of the right-of-way,
after consultation with
the Secretary of
Agriculture, refuses to
perform the repair and
maintenance necessary to
remove the threat to
persons or property, the
Secretary shall have the
right to undertake such
repair and maintenance on
the right-of-way and to
assess the holder for the
costs of such repair and
maintenance, regardless
of whether the Secretary
had required the holder
to furnish a bond or
other security pursuant
to subsection (i) of this
section.
- (d) Rights-of-way on certain
Federal lands With respect to any
project or portion thereof that
was licensed pursuant to, or
granted an exemption from, part I
of the Federal Power Act (16
U.S.C. 791a et seq.) which is
located on lands subject to a
reservation under section 24 of
the Federal Power Act (16 U.S.C.
818) and which did not receive a
permit, right-of-way or other
approval under this section prior
to October 24, 1992, no such
permit, right-of-way, or other
approval shall be required for
continued operation, including
continued operation pursuant to
section 15 of the Federal Power
Act (16 U.S.C. 808), of such
project unless the Commission
determines that such project
involves the use of any
additional public lands or
National Forest lands not subject
to such reservation.
Sec. 1762.
Roads
- (a) Authority to acquire,
construct, and maintain;
financing arrangements The
Secretary, with respect to the
public lands, is authorized to
provide for the acquisition,
construction, and maintenance of
roads within and near the public
lands in locations and according
to specifications which will
permit maximum economy in
harvesting timber from such lands
tributary to such roads and at
the same time meet the
requirements for protection,
development, and management of
such lands for utilization of the
other resources thereof.
Financing of such roads may be
accomplished (1) by the Secretary
utilizing appropriated funds, (2)
by requirements on purchasers of
timber and other products from
the public lands, including
provisions for amortization of
road costs in contracts, (3) by
cooperative financing with other
public agencies and with private
agencies or persons, or (4) by a
combination of these methods:
Provided, That, where roads of a
higher standard than that needed
in the harvesting and removal of
the timber and other products
covered by the particular sale
are to be constructed, the
purchaser of timber and other
products from public lands shall
not, except when the provisions
of the second proviso of this
subsection apply, be required to
bear that part of the costs
necessary to meet such higher
standard, and the Secretary is
authorized to make such
arrangements to this end as may
be appropriate: Provided further,
That when timber is offered with
the condition that the purchaser
thereof will build a road or
roads in accordance with
standards specified in the offer,
the purchaser of the timber will
be responsible for paying the
full costs of construction of
such roads.
- (b) Recordation of copies of
affected instruments Copies of
all instruments affecting
permanent interests in land
executed pursuant to this section
shall be recorded in each county
where the lands are located.
- (c) Maintenance or reconstruction
of facilities by users The
Secretary may require the user or
users of a road, trail, land, or
other facility administered by
him through the Bureau, including
purchasers of Government timber
and other products, to maintain
such facilities in a satisfactory
condition commensurate with the
particular use requirements of
each. Such maintenance to be
borne by each user shall be
proportionate to total use. The
Secretary may also require the
user or users of such a facility
to reconstruct the same when such
reconstruction is determined to
be necessary to accommodate such
use. If such maintenance or
reconstruction cannot be so
provided or if the Secretary
determines that maintenance or
reconstruction by a user would
not be practical, then the
Secretary may require that
sufficient funds be deposited by
the user to provide his portion
of such total maintenance or
reconstruction. Deposits made to
cover the maintenance or
reconstruction of roads are
hereby made available until
expended to cover the cost to the
United States of accomplishing
the purposes for which deposited:
Provided, That deposits received
for work on adjacent and
overlapping areas may be combined
when it is the most practicable
and efficient manner of
performing the work, and cost
thereof may be determined by
estimates: And provided further,
That unexpended balances upon
accomplishment of the purpose for
which deposited shall be
transferred to miscellaneous
receipts or refunded.
- >(d) Fund for user fees for
delayed payment to grantor
Whenever the agreement under
which the United States has
obtained for the use of, or in
connection with, the public lands
a right-of-way or easement for a
road or an existing road or the
right to use an existing road
provides for delayed payments to
the Government's grantor, any
fees or other collections
received by the Secretary for the
use of the road may be placed in
a fund to be available for making
payments to the grantor.
Sec. 1763.
Right-of-way corridors; criteria and
procedures applicable for designation
In order to minimize adverse
environmental impacts and the
proliferation of separate rights-of-way,
the utilization of rights-of-way in
common shall be required to the extent
practical, and each right-of-way or
permit shall reserve to the Secretary
concerned the right to grant additional
rights-of-way or permits for compatible
uses on or adjacent to rights-of-way
granted pursuant to this Act. In
designating right-of-way corridors and in
determining whether to require that
rights-of-way be confined to them, the
Secretary concerned shall take into
consideration national and State land use
policies, environmental quality, economic
efficiency, national security, safety,
and good engineering and technological
practices. The Secretary concerned shall
issue regulations containing the criteria
and procedures he will use in designating
such corridors. Any existing
transportation and utility corridors may
be designated as transportation and
utility corridors pursuant to this
subsection without further review.
Sec. 1764.
General requirements
- (a) Boundary specifications;
criteria; temporary use of
additional lands The Secretary
concerned shall specify the
boundaries of each right-of-way
as precisely as is practical.
Each right-of-way shall be
limited to the ground which the
Secretary concerned determines
- (1) will be occupied by
facilities which
constitute the project
for which the
right-of-way is granted,
issued, or renewed, (2)
to be necessary for the
operation or maintenance
of the project, (3) to be
necessary to protect the
public safety, and (4)
will do no unnecessary
damage to the
environment. The
Secretary concerned may
authorize the temporary
use of such additional
lands as he determines to
be reasonably necessary
for the construction,
operation, maintenance,
or termination of the
project or a portion
thereof, or for access
thereto.
- (b) Terms and conditions of
right-of-way or permit Each
right-of-way or permit granted,
issued, or renewed pursuant to
this section shall be limited to
a reasonable term in light of all
circumstances concerning the
project. In determining the
duration of a right-of-way the
Secretary concerned shall, among
other things, take into
consideration the cost of the
facility, its useful life, and
any public purpose it serves. The
right-of-way shall specify
whether it is or is not renewable
and the terms and conditions
applicable to the renewal.
- (c) Applicability of regulations
or stipulations Rights-of-way
shall be granted, issued, or
renewed pursuant to this
subchapter under such regulations
or stipulations, consistent with
the provisions of this subchapter
or any other applicable law, and
shall also be subject to such
terms and conditions as the
Secretary concerned may prescribe
regarding extent, duration,
survey, location, construction,
maintenance, transfer or
assignment, and termination.
- (d) Submission of plan of
construction, operation, and
rehabilitation by new project
applicants; plan requirements The
Secretary concerned prior to
granting or issuing a
right-of-way pursuant to this
subchapter for a new project
which may have a significant
impact on the environment, shall
require the applicant to submit a
plan of construction, operation,
and rehabilitation for such
right-of-way which shall comply
with stipulations or with
regulations issued by that
Secretary, including the terms
and conditions required under
section 1765
of this title.
- (e) Regulatory requirements for
terms and conditions; revision
and applicability of regulations
The Secretary concerned shall
issue regulations with respect to
the terms and conditions that
will be included in rights-of-way
pursuant to section 1765 of this
title. Such regulations shall be
regularly revised as needed. Such
regulations shall be applicable
to every right-of-way granted or
issued pursuant to this
subchapter and to any subsequent
renewal thereof, and may be
applicable to rights-of-way not
granted or issued, but renewed
pursuant to this subchapter.
- (f) Removal or use of mineral and
vegetative materials Mineral and
vegetative materials, including
timber, within or without a
right-of-way, may be used or
disposed of in connection with
construction or other purposes
only if authorization to remove
or use such materials has been
obtained pursuant to applicable
laws or for emergency repair work
necessary for those rights-of-way
authorized under section 1761(c) of this
title.
- (g) Rental payments; amount,
waiver, etc. The holder of a
right-of-way shall pay in advance
the fair market value thereof, as
determined by the Secretary
granting, issuing, or renewing
such right-of-way. The Secretary
concerned may require either
annual payment or a payment
covering more than one year at a
time except that private
individuals may make at their
option either annual payments or
payments covering more than one
year if the annual fee is greater
than one hundred dollars. The
Secretary concerned may waive
rentals where a right-of-way is
granted, issued or renewed in
consideration of a right-of-way
conveyed to the United States in
connection with a cooperative
cost share program between the
United States and the holder. The
Secretary concerned may, by
regulation or prior to
promulgation of such regulations,
as a condition of a right-of-way,
require an applicant for or
holder of a right-of-way to
reimburse the United States for
all reasonable administrative and
other costs incurred in
processing an application for
such right-of-way and in
inspection and monitoring of
construction, operation, and
termination of the facility
pursuant to such right-of-way:
Provided, however, That the
Secretary concerned need not
secure reimbursement in any
situation where there is in
existence a cooperative cost
share right-of-way program
between the United States and the
holder of a right-of-way.
Rights-of-way may be granted,
issued, or renewed to a Federal,
State, or local government or any
agency or instrumentality
thereof, to nonprofit
associations or nonprofit
corporations which are not
themselves controlled or owned by
profitmaking corporations or
business enterprises, or to a
holder where he provides without
or at reduced charges a valuable
benefit to the public or to the
programs of the Secretary
concerned, or to a holder in
connection with the authorized
use or occupancy of Federal land
for which the United States is
already receiving compensation
for such lesser charge, including
free use as the Secretary
concerned finds equitable and in
the public interest. Such
rights-of-way issued at less than
fair market value are not
assignable except with the
approval of the Secretary issuing
the right-of-way. The moneys
received for reimbursement of
reasonable costs shall be
deposited with the Treasury in a
special account and are hereby
authorized to be appropriated and
made available until expended.
Rights-of-way shall be granted,
issued, or renewed, without
rental fees, for electric or
telephone facilities eligible for
financing pursuant to the Rural
Electrification Act of 1936, as
amended (7 U.S.C. 901 et seq.),
determined without regard to any
application requirement under
that Act, or any extensions from
such facilities: Provided, That
nothing in this sentence shall be
construed to affect the authority
of the Secretary granting,
issuing, or renewing the
right-of-way to require
reimbursement of reasonable
administrative and other costs
pursuant to the second sentence
of this subsection.
- (h) Liability for damage or
injury incurred by United States
for use and occupancy of
rights-of-way; indemnification of
United States; no-fault
liability; amount of damages
- (1) The Secretary
concerned shall
promulgate regulations
specifying the extent to
which holders of
rights-of-way under this
subchapter shall be
liable to the United
States for damage or
injury incurred by the
United States caused by
the use and occupancy of
the rights-of-way. The
regulations shall also
specify the extent to
which such holders shall
indemnify or hold
harmless the United
States for liabilities,
damages, or claims caused
by their use and
occupancy of the
rights-of-way.
- (2) Any regulation or
stipulation imposing
liability without fault
shall include a maximum
limitation on damages
commensurate with the
foreseeable risks or
hazards presented. Any
liability for damage or
injury in excess of this
amount shall be
determined by ordinary
rules of negligence.
- (i) Bond or security requirements
Where he deems it appropriate,
the Secretary concerned may
require a holder of a
right-of-way to furnish a bond,
or other security, satisfactory
to him to secure all or any of
the obligations imposed by the
terms and conditions of the
right-of-way or by any rule or
regulation of the Secretary
concerned.
- (j) Criteria for grant,
issue, or renewal of
right-of-way The
Secretary concerned shall
grant, issue, or renew a
right-of-way under this
subchapter only when he
is satisfied that the
applicant has the
technical and financial
capability to construct
the project for which the
right-of-way is
requested, and in accord
with the requirements of
this subchapter.
Sec. 1765.
Terms and conditions
Each right-of-way shall contain -
- (a) terms and conditions which
will (i) carry out the purposes
of this Act and rules and
regulations issued thereunder;
(ii) minimize damage to scenic
and esthetic values and fish and
wildlife habitat and otherwise
protect the environment; (iii)
require compliance with
applicable air and water quality
standards established by or
pursuant to applicable Federal or
State law; and (iv) require
compliance with State standards
for public health and safety,
environmental protection, and
siting, construction, operation,
and maintenance of or for
rights-of-way for similar
purposes if those standards are
more stringent than applicable
Federal standards; and
- (b) such terms and conditions as
the Secretary concerned deems
necessary to (i) protect Federal
property and economic interests;
- (ii) manage efficiently
the lands which are
subject to the
right-of-way or adjacent
thereto and protect the
other lawful users of the
lands adjacent to or
traversed by such
right-of-way;
- (iii) protect lives and
property; (iv) protect
the interests of
individuals living in the
general area traversed by
the right-of-way who rely
on the fish, wildlife,
and other biotic
resources of the area for
subsistence purposes; (v)
require location of the
right-of-way along a
route that will cause
least damage to the
environment, taking into
consideration feasibility
and other relevant
factors; and (vi)
otherwise protect the
public interest in the
lands traversed by the
right-of-way or adjacent
thereto.
Sec. 1766.
Suspension or termination; grounds;
procedures applicable
Abandonment of a right-of-way or
noncompliance with any provision of this
subchapter condition of the right-of-way,
or applicable rule or regulation of the
Secretary concerned may be grounds for
suspension or termination of the
right-of-way if, after due notice to the
holder of the right-of-way and, and with
respect to easements, an appropriate
administrative proceeding pursuant to
section 554 of title 5, the Secretary
concerned determines that any such ground
exists and that suspension or termination
is justified. No administrative
proceeding shall be required where the
right-of-way by its terms provides that
it terminates on the occurrence of a
fixed or agreed-upon condition, event, or
time. If the Secretary concerned
determines that an immediate temporary
suspension of activities within a
right-of-way for violation of its terms
and conditions is necessary to protect
public health or safety or the
environment, he may abate such activities
prior to an administrative proceeding.
Prior to commencing any proceeding to
suspend or terminate a right-of-way the
Secretary concerned shall give written
notice to the holder of the grounds for
such action and shall give the holder a
reasonable time to resume use of the
right-of-way or to comply with this
subchapter condition, rule, or regulation
as the case may be. Failure of the holder
of the right-of-way to use the
right-of-way for the purpose for which it
was granted, issued, or renewed, for any
continuous five-year period, shall
constitute a rebuttable presumption of
abandonment of the right-of-way except
that where the failure of the holder to
use the right-of-way for the purpose for
which it was granted, issued, or renewed
for any continuous five-year period is
due to circumstances not within the
holder's control, the Secretary concerned
is not required to commence proceedings
to suspend or terminate the right-of-way.
Sec. 1767.
Rights-of-way for Federal departments and
agencies
- (a) The Secretary concerned may
provide under applicable
provisions of this subchapter for
the use of any department or
agency of the United States a
right-of-way over, upon, under or
through the land administered by
him, subject to such terms and
conditions as he may impose.
- (b) Where a right-of-way has been
reserved for the use of any
department or agency of the
United States, the Secretary
shall take no action to
terminate, or otherwise limit,
that use without the consent of
the head of such department or
agency.
Sec. 1768.
Conveyance of lands covered by
right-of-way; terms and conditions
If under applicable law the Secretary
concerned decides to transfer out of
Federal ownership any lands covered in
whole or in part by a right-of-way,
including a right-of-way granted under
the Act of November 16, 1973 (87 Stat.
576; 30 U.S.C. 185), the lands may be
conveyed subject to the right-of-way;
however, if the Secretary concerned
determines that retention of Federal
control over the right-of-way is
necessary to assure that the purposes of
this subchapter will be carried out, the
terms and conditions of the right-of-way
complied with, or the lands protected, he
shall
- (a) reserve to the United States
that portion of the lands which
lies within the boundaries of the
right-of-way, or (b) convey the
lands, including that portion
within the boundaries of the
right-of-way, subject to the
right-of-way and reserving to the
United States the right to
enforce all or any of the terms
and conditions of the
right-of-way, including the right
to renew it or extend it upon its
termination and to collect rents.
Sec. 1769.
Existing right-of-way or right-of-use
unaffected; exceptions; rights-of-way for
railroad and appurtenant communication
facilities; applicability of existing
terms and conditions
- (a) Nothing in this subchapter
shall have the effect of
terminating any right-of-way or
right-of-use heretofore issued,
granted, or permitted. However,
with the consent of the holder
thereof, the Secretary concerned
may cancel such a right-of-way or
right-of-use and in its stead
issue a right-of-way pursuant to
the provisions of this
subchapter.
- (b) When the Secretary concerned
issues a right-of-way under this
subchapter for a railroad and
appurtenant communication
facilities in connection with a
realinement of a railroad on
lands under his jurisdiction by
virtue of a right-of-way granted
by the United States, he may,
when he considers it to be in the
public interest and the lands
involved are not within an
incorporated community and are of
approximately equal value,
notwithstanding the provisions of
this subchapter, provide in the
new right-of-way the same terms
and conditions as applied to the
portion of the existing
right-of-way relinquished to the
United States with respect to the
payment of annual rental,
duration of the right-of-way, and
the nature of the interest in
lands granted. The Secretary
concerned or his delegate shall
take final action upon all
applications for the grant,
issue, or renewal of
rights-of-way under subsection
(b) of this section no later than
six months after receipt from the
applicant of all information
required from the applicant by
this subchapter.
Sec. 1770.
Applicability of provisions to other
Federal laws
- (a) Right-of-way Effective on and
after October 21, 1976, no
right-of-way for the purposes
listed in this subchapter shall
be granted, issued, or renewed
over, upon, under, or through
such lands except under and
subject to the provisions,
limitations, and conditions of
this subchapter: Provided, That
nothing in this subchapter shall
be construed as affecting or
modifying the provisions of
sections 532 to 538 of title 16
and in the event of conflict
with, or inconsistency between,
this subchapter and sections 532
to 538 of title 16, the latter
shall prevail: Provided further,
That nothing in this Act should
be construed as making it
mandatory that, with respect to
forest roads, the Secretary of
Agriculture limit rights-of-way
grants or their term of years or
require disclosure pursuant to
section 1761(b)
of this title or impose any other
condition contemplated by this
Act that is contrary to present
practices of that Secretary under
sections 532 to 538 of title 16.
Any pending application for a
right-of-way under any other law
on the effective date of this
section shall be considered as an
application under this
subchapter. The Secretary
concerned may require the
applicant to submit any
additional information he deems
necessary to comply with the
requirements of this subchapter.
- (b) Highway use Nothing in this
subchapter shall be construed to
preclude the use of lands covered
by this subchapter for highway
purposes pursuant to sections 107
and 317 of title 23.
- (c) Application of antitrust laws
- (1) Nothing in this
subchapter shall be
construed as exempting
any holder of a
right-of-way issued under
this subchapter from any
provision of the
antitrust laws of the
United States.
- (2) For the purposes of
this subsection, the term
''antitrust laws''
includes the Act of July
2, 1890 (26 Stat. 15
U.S.C. 1 et seq.); the
Act of October 15, 1914
(38 Stat. 730, 15 U.S.C.
12 et seq.); the Federal
Trade Commission Act (38
Stat. 717; 15 U.S.C. 41
et seq.); and sections 73
and 74 of the Act of
August 27, 1894 (15
U.S.C. 8, 9).
Sec. 1771.
Coordination of applications
Applicants before Federal departments
and agencies other than the Department of
the Interior or Agriculture seeking a
license, certificate, or other authority
for a project which involve a
right-of-way over, upon, under, or
through public land or National Forest
System lands must simultaneously apply to
the Secretary concerned for the
appropriate authority to use public lands
or National Forest System lands and
submit to the Secretary concerned all
information furnished to the other
Federal department or agency.
SUBCHAPTER VI -
DESIGNATED MANAGEMENT AREAS
Sec. 1781.
California Desert Conservation Area
- (a) Congressional findings The
Congress finds that -
- (1) the California desert
contains historical,
scenic, archeological,
environmental,
biological, cultural,
scientific, educational,
recreational, and
economic resources that
are uniquely located
adjacent to an area of
large population;
- (2) the California desert
environment is a total
ecosystem that is
extremely fragile, easily
scarred, and slowly
healed;
- (3) the California desert
environment and its
resources, including
certain rare and
endangered species of
wildlife, plants, and
fishes, and numerous
archeological and
historic sites, are
seriously threatened by
air pollution, inadequate
Federal management
authority, and pressures
of increased use,
particularly recreational
use, which are certain to
intensify because of the
rapidly growing
population of southern
California;
- (4) the use of all
California desert
resources can and should
be provided for in a
multiple use and
sustained yield
management plant to
conserve these resources
for future generations,
and to provide present
and future use and
enjoyment, particularly
outdoor recreation uses,
including the use, where
appropriate, of off-road
recreational vehicles;
- (5) the Secretary has
initiated a comprehensive
planning process and
established an interim
management program for
the public lands in the
California desert; and
- (6) to insure further
study of the relationship
of man and the California
desert environment,
preserve the unique and
irreplaceable resources,
including archeological
values, and conserve the
use of the economic
resources of the
California desert, the
public must be provided
more opportunity to
participate in such
planning and management,
and additional management
authority must be
provided to the Secretary
to facilitate effective
implementation of such
planning and management.
- (b) Statement of purpose It is
the purpose of this section to
provide for the immediate and
future protection and
administration of the public
lands in the California desert
within the framework of a program
of multiple use and sustained
yield, and the maintenance of
environmental quality.
- (c) Description of Area
- (1) For the purpose of
this section, the term
''California desert''
means the area generally
depicted on a map
entitled ''California
Desert Conservation Area
- Proposed'' dated April
1974, and described as
provided in subsection
(c)(2) of this section.
- (2) As soon as
practicable after October
21, 1976, the Secretary
shall file a revised map
and a legal description
of the California Desert
Conservation Area with
the Committees on
Interior and Insular
Affairs of the United
States Senate and the
House of Representatives,
and such map and
description shall have
the same force and effect
as if included in this
Act. Correction of
clerical and
typographical errors in
such legal description
and a map may be made by
the Secretary. To the
extent practicable, the
Secretary shall make such
legal description and map
available to the public
promptly upon request.
- (d) Preparation and
implementation of comprehensive
long-range plan for management,
use, etc. The Secretary, in
accordance with section 1712 of this
title, shall prepare and
implement a comprehensive,
long-range plan for the
management, use, development, and
protection of the public lands
within the California Desert
Conservation Area. Such plan
shall take into account the
principles of multiple use and
sustained yield in providing for
resource use and development,
including, but not limited to,
maintenance of environmental
quality, rights-of-way, and
mineral development. Such plan
shall be completed and
implementation thereof initiated
on or before September 30, 1980.
- (e) Interim program for
management, use, etc. During the
period beginning on October 21,
1976, and ending on the effective
date of implementation of the
comprehensive, long-range plan,
the Secretary shall execute an
interim program to manage, use,
and protect the public lands, and
their resources now in danger of
destruction, in the California
Desert Conservation Area, to
provide for the public use of
such lands in an orderly and
reasonable manner such as through
the development of campgrounds
and visitor centers, and to
provide for a uniformed desert
ranger force.
- (f) Applicability of mining laws
Subject to valid existing rights,
nothing in this Act shall affect
the applicability of the United
States mining laws on the public
lands within the California
Desert Conservation Area, except
that all mining claims located on
public lands within the
California Desert Conservation
Area shall be subject to such
reasonable regulations as the
Secretary may prescribe to
effectuate the purposes of this
section. Any patent issued on any
such mining claim shall recite
this limitation and continue to
be subject to such regulations.
Such regulations shall provide
for such measures as may be
reasonable to protect the scenic,
scientific, and environmental
values of the public lands of the
California Desert Conservation
Area against undue impairment,
and to assure against pollution
of the streams and waters within
the California Desert
Conservation Area.
- (g) Advisory Committee;
establishment; functions
- (1) The Secretary, within
sixty days after October
21, 1976, shall establish
a California Desert
Conservation Area
Advisory Committee
(hereinafter referred to
as ''advisory
committee'') in
accordance with the
provisions of section 1739 of
this title.
- (2) It shall be the
function of the advisory
committee to advise the
Secretary with respect to
the preparation and
implementation of the
comprehensive, long-range
plan required under
subsection (d) of this
section.
- (h) Management of lands under
jurisdiction of Secretary of
Agriculture and Secretary of
Defense The Secretary of
Agriculture and the Secretary of
Defense shall manage lands within
their respective jurisdictions
located in or adjacent to the
California Desert Conservation
Area, in accordance with the laws
relating to such lands and
wherever practicable, in a manner
consonant with the purpose of
this section. The Secretary, the
Secretary of Agriculture, and the
Secretary of Defense are
authorized and directed to
consult among themselves and take
cooperative actions to carry out
the provisions of this
subsection, including a program
of law enforcement in accordance
with applicable authorities to
protect the archeological and
other values of the California
Desert Conservation Area and
adjacent lands.
- (i) Annual report; contents The
Secretary shall report to the
Congress no later than two years
after October 21, 1976, and
annually thereafter, on the
progress in, and any problems
concerning, the implementation of
this section, together with any
recommendations, which he may
deem necessary to remedy such
problems.
- (j) Authorization of
appropriations There are
authorized to be
appropriated for fiscal
years 1977 through 1981
not to exceed $40,000,000
for the purpose of this
section, such amount to
remain available until
expended.
Sec. 1782.
Bureau of Land Management Wilderness
Study
- (a) Lands subject to review and
designation as wilderness Within
fifteen years after October 21,
1976, the Secretary shall review
those roadless areas of five
thousand acres or more and
roadless islands of the public
lands, identified during the
inventory required by section 1711(a) of this
title as having wilderness
characteristics described in the
Wilderness Act of September 3,
1964 (78 Stat. 890; 16 U.S.C.
1131 et seq.) and shall from time
to time report to the President
his recommendation as to the
suitability or nonsuitability of
each such area or island for
preservation as wilderness:
Provided, That prior to any
recommendations for the
designation of an area as
wilderness the Secretary shall
cause mineral surveys to be
conducted by the United States
Geological Survey and the United
States Bureau of Mines to
determine the mineral values, if
any, that may be present in such
areas: Provided further, That the
Secretary shall report to the
President by July 1, 1980, his
recommendations on those areas
which the Secretary has prior to
November 1, 1975, formally
identified as natural or
primitive areas. The review
required by this subsection shall
be conducted in accordance with
the procedure specified in
section 3(d) of the Wilderness
Act (16 U.S.C. 1132(d)).
- (b) Presidential recommendation
for designation as wilderness The
President shall advise the
President of the Senate and the
Speaker of the House of
Representatives of his
recommendations with respect to
designation as wilderness of each
such area, together with a map
thereof and a definition of its
boundaries. Such advice by the
President shall be given within
two years of the receipt of each
report from the Secretary. A
recommendation of the President
for designation as wilderness
shall become effective only if so
provided by an Act of Congress.
- (c) Status of lands during period
of review and determination
During the period of review of
such areas and until Congress has
determined otherwise, the
Secretary shall continue to
manage such lands according to
his authority under this Act and
other applicable law in a manner
so as not to impair the
suitability of such areas for
preservation as wilderness,
subject, however, to the
continuation of existing mining
and grazing uses and mineral
leasing in the manner and degree
in which the same was being
conducted on October 21, 1976:
Provided, That, in managing the
public lands the Secretary shall
by regulation or otherwise take
any action required to prevent
unnecessary or undue degradation
of the lands and their resources
or to afford environmental
protection. Unless previously
withdrawn from appropriation
under the mining laws, such lands
shall continue to be subject to
such appropriation during the
period of review unless withdrawn
by the Secretary under the
procedures of section 1714 of this
title for reasons other than
preservation of their wilderness
character. Once an area has been
designated for preservation as
wilderness, the provisions of the
Wilderness Act (16 U.S.C. 1131 et
seq.) which apply to national
forest wilderness areas shall
apply with respect to the
administration and use of such
designated area, including
mineral surveys required by
section 4(d)(2) of the Wilderness
Act (16 U.S.C. 1133(d)(2)), and
mineral development, access,
exchange of lands, and ingress
and egress for mining claimants
and occupants.
Sec. 1783.
Yaquina Head Outstanding Natural Area
- (a) Establishment In order to
protect the unique scenic,
scientific, educational, and
recreational values of certain
lands in and around Yaquina Head,
in Lincoln County, Oregon, there
is hereby established, subject to
valid existing rights, the
Yaquina Head Outstanding Natural
Area (hereinafter referred to as
the ''area''). The boundaries of
the area are those shown on the
map entitled ''Yaquina Head
Area'', dated July 1979, which
shall be on file and available
for public inspection in the
Office of the Director, Bureau of
Land Management, United States
Department of the Interior, and
the State Office of the Bureau of
Land Management in the State of
Oregon.
- (b) Administration by Secretary
of the Interior; management plan;
quarrying permits
- (1) The Secretary of the
Interior (hereinafter
referred to as the
''Secretary'') shall
administer the Yaquina
Head Outstanding Natural
Area in accordance with
the laws and regulations
applicable to the public
lands as defined in
section 103(e) of the
Federal Land Policy and
Management Act of 1976,
as amended (43 U.S.C.
1702) (43 U.S.C.
1702(e)), in such a
manner as will best
provide for -
- (A) the conservation
and development of the
scenic, natural, and
historic values of the
area;
- (B) the continued use
of the area for purposes
of education, scientific
study, and public
recreation which do not
substantially impair the
purposes for which the
area is established; and
- (C) protection of the
wildlife habitat of the
area.
- (2) The Secretary shall
develop a management plan
for the area which
accomplishes the purposes
and is consistent with
the provisions of this
section. This plan shall
be developed in
accordance with the
provisions of section 202
of the Federal Land
Policy and Management Act
of 1976, as amended (43
U.S.C. 1712).
- (3) Notwithstanding any
other provision of this
section, the Secretary is
authorized to issue
permits or to contract
for the quarrying of
materials from the area
in accordance with the
management plan for the
area on condition that
the lands be reclaimed
and restored to the
satisfaction of the
Secretary. Such
authorization to quarry
shall require payment of
fair market value for the
materials to be quarried,
as established by the
Secretary, and shall also
include any terms and
conditions which the
Secretary determines
necessary to protect the
values of such quarry
lands for purposes of
this section.
- (c) Revocation of 1866
reservation of lands for
lighthouse purposes; restoration
to public lands status The
reservation of lands for
lighthouse purposes made by
Executive order of June 8, 1866,
of certain lands totaling
approximately 18.1 acres, as
depicted on the map referred to
in subsection (a) of this
section, is hereby revoked. The
lands referred to in subsection
(a) of this section are hereby
restored to the status of public
lands as defined in section
103(e) of the Federal Land Policy
and Management Act of 1976, as
amended (43 U.S.C. 1702) (43
U.S.C. 1702(e)), and shall be
administered in accordance with
the management plan for the area
developed pursuant to subsection
(b) of this section, except that
such lands are hereby withdrawn
from settlement, sale, location,
or entry, under the public land
laws, including the mining laws
(30 U.S.C., ch. 2), leasing under
the mineral leasing laws (30
U.S.C. 181 et seq.), and
disposals under the Materials Act
of July 31, 1947, as amended (30
U.S.C. 601, 602) (43 U.S.C. 601
et seq.).
- (d) Acquisition of lands not
already in Federal ownership The
Secretary shall, as soon as
possible but in no event later
than twenty-four months following
March 5, 1980, acquire by
purchase, exchange, donation, or
condemnation all or any part of
the lands and waters and
interests in lands and waters
within the area referred to in
subsection (a) of this section
which are not in Federal
ownership except that State land
shall not be acquired by purchase
or condemnation. Any lands or
interests acquired by the
Secretary pursuant to this
section shall become public lands
as defined in the Federal Land
Policy and Management Act of
1976, as amended (43 U.S.C. 1701
et seq.). Upon acquisition by the
United States, such lands are
automatically withdrawn under the
provisions of subsection (c) of
this section except that lands
affected by quarrying operations
in the area shall be subject to
disposals under the Materials Act
of July 31, 1947, as amended (30
U.S.C. 601, 602) (30 U.S.C. 601
et seq.). Any lands acquired
pursuant to this subsection shall
be administered in accordance
with the management plan for the
area developed pursuant to
subsection (b) of this section.
- (e) Wind energy research The
Secretary is authorized to
conduct a study relating to the
use of lands in the area for
purposes of wind energy research.
If the Secretary determines after
such study that the conduct of
wind energy research activity
will not substantially impair the
values of the lands in the area
for purposes of this section, the
Secretary is further authorized
to issue permits for the use of
such lands as a site for
installation and field testing of
an experimental wind turbine
generating system. Any permit
issued pursuant to this
subsection shall contain such
terms and conditions as the
Secretary determines necessary to
protect the values of such lands
for purposes of this section.
- (f) Reclamation and restoration
of lands affected by quarrying
operations The Secretary shall
develop and administer, in
addition to any requirements
imposed pursuant to subsection
(b)(3) of this section, a program
for the reclamation and
restoration of all lands affected
by quarrying operations in the
area acquired pursuant to
subsection (d) of this section.
All revenues received by the
United States in connection with
quarrying operations authorized
by subsection (b)(3) of this
section shall be deposited in a
separate fund account which shall
be established by the Secretary
of the Treasury. Such revenues
are hereby authorized to be
appropriated to the Secretary as
needed for reclamation and
restoration of any lands acquired
pursuant to subsection (d) of
this section. After completion of
such reclamation and restoration
to the satisfaction of the
Secretary, any unexpended
revenues in such fund shall be
returned to the general fund of
the United States Treasury.
- (g) Authorization of
appropriations There are hereby
authorized to be appropriated in
addition to that authorized by
subsection (f) of this section,
such sums as may be necessary to
carry out the provisions of this
section.
Sec. 1784.
Lands in Alaska; designation as
wilderness; management by Bureau of Land
Management pending Congressional action
Notwithstanding any other provision of
law, section 1782 of
this title shall not apply to any lands
in Alaska. However, in carrying out his
duties under sections 1711
and 1712 of this title and other
applicable laws, the Secretary may
identify areas in Alaska which he
determines are suitable as wilderness and
may, from time to time, make
recommendations to the Congress for
inclusion of any such areas in the
National Wilderness Preservation System,
pursuant to the provisions of the
Wilderness Act (16 U.S.C. 1131 et seq.).
In the absence of congressional action
relating to any such recommendation of
the Secretary, the Bureau of Land
Management shall manage all such areas
which are within its jurisdiction in
accordance with the applicable land use
plans and applicable provisions of law.
Sec. 1785.
Fossil Forest Research Natural Area
- (a) Establishment To conserve and
protect natural values and to
provide scientific knowledge,
education, and interpretation for
the benefit of future
generations, there is established
the Fossil Forest Research
Natural Area (referred to in this
section as the ''Area''),
consisting of the approximately
2,770 acres in the Farmington
District of the Bureau of Land
Management, New Mexico, as
generally depicted on a map
entitled ''Fossil Forest'', dated
June 1983.
- (b) Map and legal description
- (1) In general As soon as
practicable after
November 12, 1996, the
Secretary of the Interior
shall file a map and
legal description of the
Area with the Committee
on Energy and Natural
Resources of the Senate
and the Committee on
Natural Resources of the
House of Representatives.
- (2) Force and effect The
map and legal description
described in paragraph
(1) shall have the same
force and effect as if
included in this Act.
- (3) Technical corrections
The Secretary of the
Interior may correct
clerical, typographical,
and cartographical errors
in the map and legal
description subsequent to
filing the map pursuant
to paragraph (1).
- (4) Public inspection The
map and legal description
shall be on file and
available for public
inspection in the Office
of the Director of the
Bureau of Land
Management, Department of
the Interior.
- (c) Management
- (1) In general The
Secretary of the
Interior, acting through
the Director of the
Bureau of Land
Management, shall manage
the Area -
- (A) to protect the
resources within the
Area; and
- (B) in accordance
with this Act, the
Federal Land Policy and
Management Act of 1976
(43 U.S.C. 1701 et seq.),
and other applicable
provisions of law.
- (2) Mining
- (A) Withdrawal
Subject to valid existing
rights, the lands within
the Area are withdrawn
from all forms of
appropriation under the
mining laws and from
disposition under all
laws pertaining to
mineral leasing,
geothermal leasing, and
mineral material sales.
- (B) Coal preference
rights The Secretary of
the Interior is
authorized to issue coal
leases in New Mexico in
exchange for any
preference right coal
lease application within
the Area. Such exchanges
shall be made in
accordance with
applicable existing laws
and regulations relating
to coal leases after a
determination has been
made by the Secretary
that the applicant is
entitled to a preference
right lease and that the
exchange is in the public
interest.
- (C) Oil and gas
leases Operations on oil
and gas leases issued
prior to November 12,
1996, shall be subject to
the applicable provisions
of Group 3100 of title
43, Code of Federal
Regulations (including
section 3162 .5-1), and
such other terms,
stipulations, and
conditions as the
Secretary of the Interior
considers necessary to
avoid significant
disturbance of the land
surface or impairment of
the natural, educational,
and scientific research
values of the Area in
existence on November 12,
1996.
- (3) Grazing Livestock
grazing on lands within
the Area may not be
permitted.
- (d) Inventory Not later than 3
full fiscal years after November
12, 1996, the Secretary of the
Interior, acting through the
Director of the Bureau of Land
Management, shall develop a
baseline inventory of all
categories of fossil resources
within the Area. After the
inventory is developed, the
Secretary shall conduct
monitoring surveys at intervals
specified in the management plan
developed for the Area in
accordance with subsection (e) of
this section.
-
- (e) Management plan
- (1) In general Not later
than 5 years after
November 12, 1996, the
Secretary of the Interior
shall develop and submit
to the Committee on
Energy and Natural
Resources of the Senate
and the Committee on
Natural Resources of the
House of Representatives
a management plan that
describes the appropriate
use of the Area
consistent with this Act.
- (2) Contents The
management plan shall
include -
- (A) a plan for the
implementation of a
continuing cooperative
program with other
agencies and groups for -
- (i) laboratory and
field interpretation; and
- (ii) public education
about the resources and
values of the Area
(including vertebrate
fossils);
- (B) provisions for
vehicle management that
are consistent with the
purpose of the Area and
that provide for the use
of vehicles to the
minimum extent necessary
to accomplish an
individual scientific
project;
- (C) procedures for
the excavation and
collection of fossil
remains, including
botanical fossils, and
the use of motorized and
mechanical equipment to
the minimum extent
necessary to accomplish
an individual scientific
project; and
- (D) mitigation and
reclamation standards for
activities that disturb
the surface to the
detriment of scenic and
environmental values.
|