The Federal Land Policy and Management Act of 1976 as amended

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

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

is the Bureau of Land Management’s “organic act”

that establishes the agency’s multiple-use and sustained yield mandate

to serve present and future generations.

BLM/WO/GI-01/002+REV16

The Federal Land Policy and

Management Act of 1976

As Amended

Compiled by

U.S. Department of the Interior

Bureau of Land Management

Washington, DC

September 2016

Acknowledgments

The Arizona Law Review article, “A Capsule Examination of the Legislative History of the Federal Land Policy

and Management Act (FLPMA) of 1976,” by Eleanor Schwartz, 21 Ariz. L. Rev. 285 (1979), is reprinted with

Appendices B and C are adapted from WestlawNext with the permission of Thomson Reuters.

Citation

This publication may be cited as follows:

U.S. Department of the Interior, Bureau of Land Management (editor), 2016. The Federal Land Policy and

Management Act of 1976, as amended. U.S. Department of the Interior, Bureau of Land Management,

Oce of Public Aairs, Washington, DC. 106 pp.

Editor’s Note

This version of The Federal Land Policy and Management Act of 1976, As Amended updates the previous version

of this pamphlet, issued in 2001. It includes all sections of the Federal Land Policy and Management Act (the

Act) as originally passed by Congress in 1976, all subsequently enacted sections that have been codied

alongside the original Act, and separately enacted sections that are not considered amendments to the Act.

Consequently, it is more inclusive than most other similar documents.

Section and subsection headings are from the United States Code and are boldfaced to serve as easy

references within each section. Where the original public law diers from the text of the United States Code,

the text of the United States Code has generally been followed. Additions of text from amendments have

been italicized and deletions from amendments have been removed. Two appendices and an alphabetical

index have been added. The language throughout the document has been modied to be gender-neutral

and editorial corrections to the original text have been made, as indicated with brackets.

Editor’s notes within the body of the document are in a dierent, smaller font, and are framed by brackets.

Editor’s notes include additional cross-references not found in the United States Code; citations to amending

statutes; and annotations regarding related legislation, uncodied riders, and similar matters. Editor’s notes

are not intended to provide a comprehensive guide to the relevant law, nor do the notes reect the views of

the Bureau of Land Management or the Oce of the Solicitor.

This document was prepared by the Bureau of Land Management with assistance from the Oce of the

Solicitor, in commemoration of the 40th anniversary of the Federal Land Policy and Management Act of

1976. Great care was taken to ensure that all amendments were included correctly and with precision.

Nevertheless, we recognize that this document still could contain errors. The user is encouraged to consult

the ocial United States Code if there is any doubt about the accuracy of the information contained herein.

iii

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

A FOREWORD

BY THE DIRECTOR

The Federal Land Policy and Management Act is

central to everything we do at the Bureau of Land

Management. All of the actions we take rely on

the authorities that were built into this law by

Congress and the President. We use FLPMA every

day to guide our management of over 10 percent

of the land in the United States and one-third of the

nation’s minerals.

FLPMA denes our mission as one of multiple

use and sustained yield. This means thoughtful

development in the right places to drive economic

opportunities for local communities. It also means

protecting natural, cultural, and historical resources

that are simply too special to develop. And above all,

it means working with a changing nation to make

decisions that are balanced and forward looking.

I am incredibly proud of the BLM and what this

team accomplishes each day. Our responsibilities

are wide ranging. In addition to supporting the

nation’s need for energy, minerals, timber, and

grazing lands, we oer world-class recreational

opportunities to millions of Americans who are

passionate about hunting, shing, hiking, paddling,

and skiing. We have one of the nation’s largest and

most elite reghting operations. Our dedicated

law enforcement ocers help guide and protect

visitors to the public lands. We play a critical role in

maintaining healthy habitat for thousands of sh

and wildlife species. And we don’t do this alone.

We work closely with hundreds of sovereign tribal

nations and with state and local governments across

the country.

All of this activity takes place on lands that stretch

across the nation, from the Arctic Ocean to the

Mexican border, and from Key West, Florida to the

San Juan Islands of Washington State. While many

people think of the BLM as a western agency,

we play an active role in nearly every state in the

country. In each of these places, FLPMA provides the

essential foundation for our work.

I hope you use and enjoy this updated publication.

While the entire document is an incredible resource,

if your time is limited, I strongly encourage you to

start by reading the denitions of multiple use and

sustained yield in section 103. We regularly return

to these two monumental ideas for inspiration and

for direction. These concepts are both far-reaching

and timeless, and they are well designed to carry

our nation and our public lands forward for many

generations to come.

Neil Kornze

I am pleased to present this updated publication of The Federal Land

Policy and Management Act of 1976, As Amended, in celebration of the

40th anniversary of this landmark piece of legislation.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

FEDERAL LAND POLICY AND

MANAGEMENT ACT OF 1976

Public Law 94-579

94th Congress

An Act

To establish public land policy; to establish guidelines for its administration; to provide for the management,

protection, development, and enhancement of the public lands; and for other purposes.

Be it enacted by the

Senate and House of Representatives of the United States of America in Congress assembled

vii

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

TABLE OF CONTENTS

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Public Law 94–579 – 94th Congress .......................................................................v

TITLE I—GENERAL PROVISIONS

Sec. 101. Short title ......................................................................................1

Sec. 102. Congressional declaration of policy .............................................................1

Sec. 103. Denitions .....................................................................................2

Cooperative action and sharing of resources by Secretaries of the Interior and Agriculture . . . . . . . . . . . . . . . . . . 4

TITLE II—LAND USE PLANNING; LAND ACQUISITION AND DISPOSITION

Sec. 201. Continuing inventory and identication of public lands; preparation and maintenance ...........5

Sec. 202. Land use plans .................................................................................5

Sec. 203. Sales of public land tracts .......................................................................7

Sec. 204. Withdrawals of lands ...........................................................................9

Sec. 205. Acquisitions of public lands and access over non-Federal lands to National Forest System units ..13

Sec. 206. Exchanges of public lands or interests therein within the National Forest System ................14

Sec. 207. Qualications of conveyees ....................................................................17

Sec. 208. Documents of conveyance; terms, covenants, etc. ..............................................17

Sec. 209. Mineral interests; reservation and conveyance requirements and procedures....................18

Sec. 210. Coordination by Secretary of the Interior with State and local governments .....................18

Sec. 211. Conveyances of public lands to States, local governments, etc. ..................................19

Sec. 212. Recreation and Public Purposes Act ............................................................20

Sec. 213. National forest townsites ......................................................................20

Sec. 214. Sale of public lands subject to unintentional trespass ...........................................21

Sec. 215. Temporary revocation authority................................................................22

TITLE III—ADMINISTRATION

Sec. 301. Bureau of Land Management ..................................................................25

Sec. 302. Management of use, occupancy, and development of public lands..............................25

Sec. 303. Enforcement authority.........................................................................28

Sec. 304. Fees, charges, and commissions................................................................29

Availability of excess fees ................................................................................29

Sec. 305. Forfeitures and deposits .......................................................................30

Sec. 306. Working capital fund ..........................................................................30

Revolving fund derived from disposal of salvage timber ..................................................31

Sec. 307. Implementation provisions ....................................................................31

viii

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Sec. 308. Contracts for surveys and resource protection; renewals; funding requirements .................32

Sec. 309. Advisory councils..............................................................................32

Sec. 310. Rules and regulations..........................................................................33

Sec. 311. Annual reports ................................................................................33

Sec. 312. Search, rescue, and protection forces; emergency situations authorizing hiring ..................33

Sec. 313. Disclosure of nancial interests by ocers or employees........................................33

Sec. 314. Recordation of mining claims ..................................................................34

Sec. 315. Disclaimer of interest in lands ..................................................................35

Sec. 316. Correction of conveyance documents ..........................................................35

Sec. 317. Mineral revenues ..............................................................................36

Sec. 318. Funding requirements .........................................................................39

FLAME Wildre Suppression Reserve Funds...............................................................40

Cohesive wildre management strategy..................................................................43

TITLE IV—RANGE MANAGEMENT

Sec. 401. Grazing fees*..................................................................................45

Sec. 402. Grazing leases and permits ....................................................................46

Sec. 403. Grazing advisory boards .......................................................................49

Sec. 404. Transportation of captured animals; procedures and prohibitions applicable ....................49

TITLE V—RIGHTS-OF-WAY

Sec. 501. Grant, issue, or renewal of rights-of-way........................................................51

Sec. 502. Roads .........................................................................................53

Sec. 503. Right-of-way corridors; criteria and procedures applicable for designation ......................54

Sec. 504. General requirements .........................................................................55

Sec. 505. Terms and conditions..........................................................................57

Sec. 506. Suspension or termination; grounds; procedures applicable ....................................57

Sec. 507. Rights-of-way for Federal departments and agencies ...........................................58

Sec. 508. Conveyance of lands covered by right-of-way; terms and conditions ............................58

Sec. 509. Existing right-of-way or right-of-use unaected; exceptions; rights-of-way for railroad and

appurtenant communication facilities; applicability of existing terms and conditions ............58

Sec. 510. Applicability of provisions to other Federal laws ................................................59

Sec. 511. Coordination of applications ...................................................................59

TITLE VI—DESIGNATED MANAGEMENT AREAS

Sec. 601. California Desert Conservation Area............................................................61

Acceptance of donation of certain existing permits or leases..............................................63

Sec. 602. King Range....................................................................................63

Sec. 603. Bureau of Land Management Wilderness Study.................................................63

Yaquina Head Outstanding Natural Area .................................................................64

Lands in Alaska; designation as wilderness; management by

Bureau of Land Management pending Congressional action ....................................66

______________________________________

* As it appears in the United States Code, 43 U.S.C. 1751 contains a section heading and multiple subheadings displayed together. For ease

of reading, these subheadings were divided up and placed with the appropriate text.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

Fossil Forest Research Natural Area.......................................................................66

Piedras Blancas Historic Light Station.....................................................................68

Jupiter Inlet Lighthouse Outstanding Natural Area........................................................71

TITLE VII—EFFECT ON EXISTING RIGHTS: REPEAL OF EXISTING LAWS; SEVERABILITY

Sec. 701. Eect on existing rights........................................................................75

Sec. 702. Repeal of laws relating to homesteading and small tracts .......................................76

Sec. 703. Repeal of laws related to disposal ..............................................................78

Sec. 704. Repeal of withdrawal laws .....................................................................80

Sec. 705. Repeal of laws relating to administration of public lands ........................................81

Sec. 706. Repeal of laws relating to rights-of-way ........................................................81

Sec. 707. Severability ...................................................................................82

Appendix A: A Capsule Examination of the Legislative History of the Federal Land

Policy and Management Act of 1976 by Eleanor R. Schwartz .................................83

Appendix B: Amending Laws for the Federal Land Policy and Management Act ...........................95

Appendix C: Correlation of Public Law to United States Code for the Federal

Land Policy and Management Act ..........................................................97

Index ...................................................................................................99

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

TITLE I

GENERAL PROVISIONS

Short Title

Sec. 101 [43 U.S.C. 1701 note]. This Act may be cited as

the “Federal Land Policy and Management Act of 1976”.

Congressional Declaration of Policy

Sec. 102 [43 U.S.C. 1701].

(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 eorts;

(3) public lands not previously designated for any

specic use and all existing classications of public

lands that were eected 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 specied 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

specied by law;

(8) the public lands be managed in a manner

that will protect the quality of scientic, 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

sh 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

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

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

specied 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 ber from

the public lands including implementation of

the Mining and Minerals Policy Act of 1970

(84 Stat. 1876, 30 U.S.C. 21a) as it pertains to the

public lands; and

(13) the Federal Government should, on a basis

equitable to both the Federal and local taxpayer,

provide for payments to compensate States

and local governments for burdens created as

a result of the immunity of Federal lands from

State and local taxation.

(b) The policies of this Act shall become eective

only as specic 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.

Denitions

Sec. 103 [43 U.S.C. 1702]. 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, sh 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 title V of

this Act.

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 sucient 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 sh, and

natural scenic, scientic 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 aected citizens

in rule making, decisionmaking, and planning

with respect to the public lands, including public

meetings or hearings held at locations near the

aected 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

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

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 benet 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

title V of this Act.

(g) The term “Secretary”, unless specically

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 603

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 specications 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

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,

sh 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.

[The term “sixteen contiguous Western States,” found in sections

401(b)(1), 402(a) and 403(a), refers to: Arizona, California,

Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New

Mexico, North Dakota, Oklahoma, Oregon, South Dakota,

Utah, Washington and Wyoming. This term is deﬁned by Pub. L.

No. 95-514, § 3(i), 92 Stat. 1803, 1805 (1978).]

(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.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Cooperative action and sharing of resources

by Secretaries of the Interior and Agriculture

[43 U.S.C. 1703] [Pub. L. No. 106–291, title III, § 330, Oct. 11,

2000, 114 Stat. 996; Pub. L. No. 109–54, title IV, § 428, Aug. 2,

2005, 119 Stat. 555; Pub. L. No. 111–8, div. E, title IV, § 418,

Mar. 11, 2009, 123 Stat. 747; Pub. L. No. 112–74, div. E,

title IV, § 422, Dec. 23, 2011, 125 Stat. 1045; Pub. L. No. 113–76,

div. G, title IV, § 430, Jan. 17, 2014, 128 Stat. 345].

In scal year 2012 and each scal year thereafter, the

Secretaries of the Interior and Agriculture, subject to

annual review of Congress, may establish programs

to conduct projects, planning, permitting, leasing,

contracting and other activities, either jointly or

on behalf of one another; may co-locate in Federal

oces and facilities leased by an agency of either

Department; and may promulgate special rules

as needed to test the feasibility of issuing unied

permits, applications, and leases. The Secretaries of

the Interior and Agriculture may make reciprocal

delegations of their respective authorities, duties

and responsibilities in support of the “Service First”

initiative agency-wide to promote customer service

and eciency. Nothing herein shall alter, expand or

limit the applicability of any public law or regulation

to lands administered by the Bureau of Land

Management, National Park Service, Fish and Wildlife

Service, or the Forest Service or matters under

the purview of other bureaus or oces of either

Department. To facilitate the sharing of resources

under the Service First initiative, the Secretaries of

the Interior and Agriculture may make transfers of

funds and reimbursement of funds on an annual

basis, including transfers and reimbursements

for multi-year projects, except that this authority

may not be used to circumvent requirements and

limitations imposed on the use of funds.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

TITLE II

LAND USE PLANNING;

LAND ACQUISITION AND DISPOSITION

Continuing Inventory and

Identication of Public Lands;

Preparation and Maintenance

Sec. 201 [43 U.S.C. 1711].

(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 reect changes in conditions

and to identify new and emerging resource and

other values. The preparation and maintenance of

such inventory or the identication 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 identication

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.

Land Use Plans

Sec. 202 [43 U.S.C. 1712].

(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 classied, 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.

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;

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(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 benets to the public

against short-term benets;

(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 chapter 2003 of title 54, United

States Code [Pub. L. No. 113-287, 2014] 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 or she] nds 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 ocials, 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 signicant impact on non-Federal

lands. Such ocials 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 [the

Secretary]. Land use plans of the Secretary

under this section shall be consistent with State

and local plans to the maximum extent [the

Secretary] nds consistent with Federal law and

the purposes of this Act.

(d) Review and inclusion of classied public

lands; review of existing land use plans;

modication and termination of classications

Any classication of public lands or any land use

plan in eect on October 21, 1976 is subject to

review in the land use planning process conducted

under this section, and all public lands, regardless

of classication, are subject to inclusion in any

land use plan developed pursuant to this section.

The Secretary may modify or terminate any such

classication 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, modication, and termination

through revision by the Secretary or [the

Secretary’s] delegate, under the provisions of

this section, of the land use plan involved.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

(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 eect 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

204 of this Act may be used in carrying out

management decisions, but public lands shall

be removed from or restored to the operation

of the Mining Law of 1872, as amended

(R.S. 2318–2352; 30 U.S.C. 21 et seq.) or

transferred to another department, bureau, or

agency only by withdrawal action pursuant to

section 204 or other action pursuant to applicable

law: Provided, That nothing in this 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.

Sales of Public Land Tracts

Sec. 203 [43 U.S.C. 1713].

(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 202 of this Act, the Secretary

determines that the sale of such tract meets the

following disposal criteria:

(1) such tract because of its location or other

characteristics is dicult 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 specic purpose

and the tract is no longer required for that or any

other Federal purpose; or

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(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.

applicable to tracts in excess of two thousand

ve hundred acres

Where a tract of the public lands in excess of two

thousand ve 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 eect 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 chiey

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, [the Secretary]

may sell those lands with modied 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;

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

(4) individuals; and

(5) any other person.

(g) Acceptance or rejection of oers to purchase

The Secretary shall accept or reject, in writing,

any oer to purchase made through competitive

bidding at [the Secretary’s] invitation no later

than thirty days after the receipt of such oer or,

in the case of a tract in excess of two thousand

ve 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 oeror waives [his or her] right to

a decision within such thirty-day period. Prior

to the expiration of such periods the Secretary

may refuse to accept any oer or may withdraw

any land or interest in land from sale under this

section when [the Secretary] determines that

consummation of the sale would not be consistent

with this Act or other applicable law.

Withdrawals of Lands

Sec. 204 [43 U.S.C. 1714].

(a) Authorization and limitation; delegation

of authority

On and after the eective 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 Oce 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 [the Secretary]

proposes a withdrawal on [his or her] own

motion, the Secretary shall publish a notice in

the Federal Register stating that the application

has been submitted for ling 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

specied in the notice. The segregative eect 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.

applicable to withdrawals aggregating ve

thousand acres or more

(1) On and after October 21, 1976, a withdrawal

aggregating ve thousand acres or more may

be made (or such a withdrawal or any other

withdrawal involving in the aggregate ve

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 or her] 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 eective

date and the withdrawal shall terminate and

become ineective 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.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

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 eect 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

after ling 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 aected 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 identication of present users of the

land involved, and how they will be aected by

the proposed use;

(4) an analysis of the manner in which existing

and potential resource uses are incompatible

with or in conict 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 specic

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 eect 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 qualied 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 ve

thousand acres; procedure applicable

A withdrawal aggregating less than ve thousand

acres may be made under this subsection by the

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

Secretary on [his or her] own motion or upon

request by a department or an agency head–

(1) for such period of time as [the Secretary]

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 ve years to

preserve such tract for a specic 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 [Pub. L. No. 103-437,

1994] noties 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

le notice of such emergency withdrawal with

both of those Committees [Pub. L. No. 103-437, 1994].

Such emergency withdrawal shall be eective

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 ling 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

specic 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 rst

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 [Pub. L. No. 103-437, 1994].

(g) Processing and adjudication of existing

applications

All applications for withdrawal pending on

October 21, 1976 shall be processed and

adjudicated to conclusion within fteen years

of October 21, 1976, in accordance with the

provisions of this section. The segregative eect 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 chapter 3203

of title 54, United States Code [Pub. L. No. 113-287,

2014]; 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

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

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 eective

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 fteen years of the

date 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

identied 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 [the Secretary’s] 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 or her] 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 [the

President’s] 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 eect has

been disagreed to) to move to proceed to the

consideration of the resolution. The motion shall

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

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.

Acquisitions of Public Lands and

Access Over Non-Federal Lands to

National Forest System Units

Sec. 205 [43 U.S.C. 1715].

(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 conned 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.

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

[Pub. L. No. 99-632, 1986], lands and interests in lands

acquired by the Secretary pursuant to this section

or section 206 shall, upon acceptance of title,

become public lands, and, for the administration

of public land laws not repealed by this Act, shall

remain public lands. If such acquired lands 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 206 [43 U.S.C. 1716] 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

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

pursuant to the provisions of the Act of February 26,

1919 (40 Stat. 1179) [16 U.S.C. 342], 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 [Pub. L. No. 99-632, 1986].

Exchanges of Public Lands or

Interests Therein within the

National Forest System

Sec. 206 [43 U.S.C. 1716].

(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, ber, minerals, and sh and

wildlife and the Secretary concerned nds 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 205(a)

of this Act, the Secretary concerned [Pub. L.

No. 100-409, 1988] may accept title to any non-

Federal land or interests therein in exchange

for such land, or interests therein which [the

Secretary] nds 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 [Pub. L. No. 100-409, 1988]. The Secretary

concerned shall try to reduce the amount of the

payment of money to as small an amount as possible.

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

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

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 [Pub. L. No. 100-409, 1988].

(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 ndings 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 [the Secretary] 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 reect the ndings 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 lands or

interests therein to be acquired by the Federal

Government and lands or interests 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” dened

(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 reect 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 reect 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 –

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(A) ensure that the same nationally approved

appraisal standards are used in appraising

lands or interests 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 deciencies 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 satised that

the amount of such adjustment is reasonable

and accurately reects 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” dened

(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 nds 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 qualied appraiser

and approved by an authorized ocer; and

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

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 oer 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 ve years. Upon a decision not to

proceed with the exchange or upon deletion of

any particular parcel from the exchange oer, 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 [Pub. L. No. 100-409, 1988].

[A statement of congressional ﬁndings and purposes related to this

section is found, alongside various amendments to the section, in

Pub. L. No. 100-409, § 2, 102 Stat. 1086, 1086-1087 (1988).]

Qualications of Conveyees

Sec. 207 [43 U.S.C. 1717]. 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.

Documents of Conveyance; Terms,

Covenants, etc.

Sec. 208 [43 U.S.C. 1718]. 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 or she] issues, except in the

case of land exchanges, for which the provisions of

subsection 206 (b) of this Act shall apply, such terms,

covenants, conditions, and reservations as [the

Secretary] 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.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Mineral Interests; Reservation

and Conveyance Requirements

and Procedures

Sec. 209 [43 U.S.C. 1719].

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

except those involving land exchanges provided

for in section 206 of this Act, 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 ndings specied

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

[the Secretary] nds (1) that there are no known

mineral values in the land, or (2) that the reservation

of the mineral rights in the United States is

interfering with or precluding appropriate non-

mineral development of the land and that such

development is a more benecial 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

[the Secretary]

deems sucient 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.

Coordination by Secretary of

the Interior with State and Local

Governments

Sec. 210 [43 U.S.C. 1720]. At least sixty days prior

to oering 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 aord 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

such conveyance. The Secretary shall also promptly

notify such public ocials of the issuance of the patent

or other document of conveyance for such lands.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

Conveyances of Public Lands to

States, Local Governments, etc.

Sec. 211 [43 U.S.C. 1721].

(a) Unsurveyed islands; authorization and

limitations on authority

The Secretary is hereby authorized to convey to

States or their political subdivisions under the

Recreation and Public Purposes Act (44 Stat. 741

as amended; 43 U.S.C. 869 et seq.), as amended,

but without regard to the acreage limitations

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 [the Secretary]

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 ve-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.

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 notied 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 210 of this Act shall

be applicable to all conveyances under this section.

(d) Applicability of other statutory requirements

for authorized use of conveyed lands

The nal 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.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(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,

dened 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 specic 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 specic omitted lands.

Recreation and Public Purposes Act

Sec. 212. The Recreation and Public Purposes Act of

1926 (44 Stat. 741, as amended; 43 U.S.C. 869-4), as

amended, is further amended as follows:

(a) The second sentence of subsection (a) of

the rst section of that Act (43 U.S.C. 869(a)) is

amended to read as follows: “Before the land may

be disposed of under this Act it must be shown to

the satisfaction of the Secretary that the land is to

be used for an established or denitely proposed

project, that the land involved is not of national

signicance nor more than is reasonably necessary

for the proposed use, and that for proposals of

over 640 acres comprehensive land use plans and

zoning regulations applicable to the area in which

the public lands to be disposed of are located

have been adopted by the appropriate State or

local authority. The Secretary shall provide an

opportunity for participation by aected citizens in

disposals under this Act, including public hearings

or meetings where [the Secretary] deems it

appropriate to provide public comments, and shall

hold at least one public meeting on any proposed

disposal of more than six hundred forty acres

under this Act.”

(b) Subsection (b)(i) of the rst section of that Act

(43 U.S.C. 869(b)) is amended to read as follows:

“(b) Conveyances made in any one calendar year

shall be limited as follows:

“(i) For recreational purposes:

“(A) To any State or the State park agency or

any other agency having jurisdiction over the

State park system of such State designated

by the Governor of that State as its sole

representative for acceptance of lands under

this provision, hereinafter referred to as the

State, or to any political subdivision of such

State, six thousand four hundred acres, and

such additional acreage as may be needed for

small roadside parks and rest sites of not more

than ten acres each.

“(B) To any nonprot corporation or nonprot

association, six hundred and forty acres.

“(C) No more than twenty-ve thousand

six hundred acres may be conveyed for

recreational purposes under this Act in any

one State per calendar year. Should any State

or political subdivision, however, fail to secure,

in any one year, six thousand four hundred

acres, not counting lands for small roadside

parks and rest sites, conveyances may be made

thereafter if pursuant to an application on le

with the Secretary of the Interior on or before

the last day of said year and to the extent that

the conveyance would not have exceeded the

limitations of said year.”

amended by inserting “or recreational purposes”

immediately after “historic-monument purposes”.

(d) Section 2(b) of that Act (43 U.S.C. 869–1) is

amended by adding “, except that leases of such

lands for recreational purposes shall be made

without monetary consideration” after the ph[r]ase

“reasonable annual rental”.

National Forest Townsites

Sec. 213. The Act of July 31, 1958 (72 Stat. 438,

7 U.S.C. 1012a, 16 U.S.C. 478a), is amended to read

as follows: “When the Secretary of Agriculture

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

determines that a tract of National Forest System

land in Alaska or in the eleven contiguous Western

States is located adjacent to or contiguous to an

established community, and that transfer of such

land would serve indigenous community objectives

that outweigh the public objectives and values

which would be served by maintaining such tract

in Federal ownership, [the Secretary] may, upon

application, set aside and designate as a townsite an

area of not to exceed six hundred and forty acres of

National Forest System land for any one application.

After public notice, and satisfactory showing of

need therefor by any county, city, or other local

governmental subdivision, the Secretary may oer

such area for sale to a governmental subdivision at

a price not less than the fair market value thereof:

Provided, however, That the Secretary may condition

conveyances of townsites upon the enactment,

maintenance, and enforcement of a valid ordinance

which assures any land so conveyed will be

controlled by the governmental subdivision so that

use of the area will not interfere with the protection,

management, and development of adjacent or

contiguous National Forest System lands.”

Sale of Public Lands Subject to

Unintentional Trespass

Sec. 214 [43 U.S.C. 1722].

(a) Preference right of contiguous landowners;

oering 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

eective date of this subsection and which [he or

she] approves for sale under the criteria prescribed

by the 1968 Act, [the Secretary] shall give the right

of rst refusal to those having a preference right

under section 2 of the 1968 Act [43 U.S.C. 1432]. The

Secretary shall oer 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 lers of applications

subject to paragraph (a) of this section whether

[the Secretary] will oer 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. [The Secretary] will

also notify the President of the Senate and the

Speaker of the House of Representatives of the

lands which [the Secretary] 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

or she] 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,

[the Secretary] shall continue such suspension

for the specied 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

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

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 eect 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.

Within ve years after October 21, 1976, the

Secretary shall complete the processing of all

applications led under the 1968 Act and hold

sales covering all lands which [the Secretary] has

determined to sell thereunder.

Temporary Revocation Authority

Sec. 215 [43 U.S.C. 1723].

(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 classication because of the

order (or subsequent modication 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 modication or continuance thereof), to

use the authority contained herein, in lieu of other

authority provided in this Act including section 204,

to revoke, modify, or terminate in whole or in part,

withdrawals or classications 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 specied 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,

modication, 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, modication, or termination; and

(5) at least sixty days have elapsed since the Secretary

of the Interior has transmitted to the Committee on

Natural Resources [Pub. L. No. 103-437, 1994] of the House

of Representatives and the Committee on Energy and

Natural Resources of the United States Senate a report

which includes –

(A) a justication 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 classication

or portion thereof proposed for revocation,

modication, or termination is no longer necessary

for the purposes of the statutory or other program

or programs for which the withdrawal or

classication was made or other relevant programs;

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 oce 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 oces of the Secretary concerned

in Washington, District of Columbia; and

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

modifying, terminating, revoking, or otherwise

aecting any provision of law applicable to land

exchanges, withdrawals, or classications.

(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 specied in subsection (a) of this

section shall expire either (1) on December 31,

1990, or (2) when the Court order (or subsequent

modication or continuation thereof) specied in

subsection (a) of this section is no longer in eect,

whichever occurs rst [Pub. L. No. 100-409, 1988].

[The termination clause in subsection (d) was satisﬁed on

November 4, 1988, when the 1986 preliminary injunction order

speciﬁed in subsection (a) was vacated by the District Court in

National Wildlife Federation v. Burford, 699 F. Supp. 327, 332

(D.D.C. 1988).]

(D) an explanation of the eect of the revocation,

modication, or termination of a withdrawal or

classication 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.

(1) Nothing in this section shall be construed

as arming or denying any of the allegations

made by any party in the civil action specied 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 specically provided in this section,

nothing in this section shall be construed as

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

TITLE III

ADMINISTRATION

Bureau of Land Management

Sec. 301 [43 U.S.C. 1731].

(a) Director; appointment, qualications,

functions, and duties

The Bureau of Land Management established

by Reorganization Plan Numbered 3, of 1946

[11 Fed. Reg. 7875 (July 20, 1946), 60 Stat. 1097, 5 U.S.C.

App.] 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. [The Director] 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 [the

Secretary’s] 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 [the Secretary]

by Reorganization Plan Numbered 3 of 1950

[15 Fed. Reg. 3174 (May 29, 1950), 64 Stat. 1262,

43 U.S.C. 1451 note], the Secretary shall carry out

through the Bureau all functions, powers, and

duties vested in [him or her] and relating to the

administration of laws which, on October 21,

1976, were carried out by [the Secretary] 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 modied by the provisions of

this Act or by subsequent law.

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,

United States Code, governing appointments

in the competitive service, and shall be paid in

accordance with the provisions of chapter 51 and

subchapter III of chapter 53 of such title relating to

classication and General Schedule pay rates.

(d) Existing regulations relating to

administration of laws

Nothing in this section shall aect any regulation

of the Secretary with respect to the administration

of laws administered by [him or her] through the

Bureau on October 21, 1976.

[Congress has speciﬁed that “appropriations . . . made [for the

BLM], in ﬁscal year 1993 and thereafter, may be expended for

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

Federal lands and for protection of lands for the State of Alaska.”

Pub. L. No. 102-381, tit. I, 106 Stat. 1374, 1378 (1992), codiﬁed at

43 U.S.C. § 1731 note.]

Management of Use, Occupancy,

and Development of Public Lands

Sec. 302 [43 U.S.C. 1732].

(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 [the Secretary] under section 202 of this Act

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

when they are available, except that where a tract

of such public land has been dedicated to specic

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 507 of this Act, withdrawals under

section 204 of this Act, 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

subsection (b) of section 307 of this Act: Provided

further, That nothing in this Act shall be construed

as authorizing the Secretary concerned to require

Federal permits to hunt and sh 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 sh 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 shing 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

shing pursuant to this section shall be put into

eect only after consultation with the appropriate

State sh and game department. Nothing in this

Act shall modify or change any provision of Federal

law relating to migratory birds or to endangered

or threatened species. Except as provided in

section 314, section 603, and subsection (f) of

section 601 of this Act and in the last sentence of

this paragraph, no provision of this section or any

other section of this Act shall in any way amend

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.

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 nal administrative

nding 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 or she] determines the

cause of said violation has been rectied: Provided

further, That the Secretary may order an immediate

temporary suspension prior to a hearing or nal

administrative nding if [he or she] determines

that such a suspension is necessary to protect

health or safety or the environment: Provided

further, That, where other applicable law contains

specic provisions for suspension, revocation,

or cancellation of a permit, license, or other

authorization to use, occupy, or develop the public

lands, the specic provisions of such law shall prevail.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

(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

ring, 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 202

of this Act. 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 o-road or all-

terrain vehicles) as the Secretary of the Interior may

require to –

(A) minimize adverse impacts on the natural,

environmental, scientic, cultural, and other

resources and values (including sh 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 nds

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 signicant adverse impact on the resources or

values of the aected lands.

(B) Each specic use of a particular area of

public lands pursuant to a general authorization

under this subsection shall be subject to

specic 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 specied in section 3102 of title 16 [Pub. L. No.

100-586, 1988].

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Enforcement Authority

Sec. 303 [43 U.S.C. 1733].

(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 ned 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 [Pub. L. No. 101-650, 1990] designated for that

purpose by the court by which [the magistrate

judge] was appointed, in the same manner and

subject to the same conditions and limitations

as provided for in section 3401 of title 18 of the

United States Code.

[The $1,000 maximum ﬁne under subsection (a) has been

superseded by 18 U.S.C. 3571. That statute provides a

maximum ﬁne of $100,000 for an individual or $200,000 for

an organization, or twice the gross gain to the perpetrator or the

gross loss to the victim, whichever is higher. Penalties may be

even higher if the violation results in death.]

(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.

and regulations by local law enforcement

ocials; 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 [the Secretary] shall

oer a contract to appropriate local ocials

having law enforcement authority within

their respective jurisdictions with the view of

achieving maximum feasible reliance upon local

law enforcement ocials in enforcing such laws

and regulations. The Secretary shall negotiate

on reasonable terms with such ocials 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 ocials and their agents are

authorized to carry rearms; execute and serve

any warrant or other process issued by a court

or ocer of competent jurisdiction; make arrests

without warrant or process for a misdemeanor

[they have] reasonable grounds to believe is

being committed in [their] presence or view, or

for a felony if [they have] 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 or she] 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 ocials and their

agents shall have all the immunities of Federal

law enforcement ocials.

(2) The Secretary may authorize Federal

personnel or appropriate local ocials to carry

out [his or her] 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 ocials 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 ocials

of any State or political subdivision thereof in

the enforcement of the laws or ordinances of

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

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 601 of this

Act for the purpose of enforcing Federal laws

and regulations relating to the public lands and

resources managed by [the Secretary] in such area.

The ocers 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.

Fees, Charges, and Commissions

Sec. 304 [43 U.S.C. 1734].

(a) Authority to establish and modify

Notwithstanding any other provision of law, the

Secretary may establish reasonable ling 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 eciency to the government processing

involved, that portion of the cost incurred for the

benet of the general public interest rather than

for the exclusive benet of the applicant, the

public service provided, and other factors relevant

to determining the reasonableness of the costs.

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.

Availability of excess fees [43 U.S.C. 1734a] [Pub. L.

No. 104–208, div. A, title I, § 101(d) [title I], Sept. 30, 1996,

110 Stat. 3009–181, 3009–182]. In scal year 1997 and

thereafter, all fees, excluding mining claim fees, in

excess of the scal 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

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

lands or public land natural resources (including

cultural, historical, and mineral) and for providing

specic 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 specic

distribution, shall be made immediately available

for program operations in this account and remain

available until expended.

Forfeitures and Deposits

Sec. 305 [43 U.S.C. 1735].

(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 fulll the requirements of [his or

her] 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 benet of such land only.

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.

[Congress has frequently included provisions in the BLM’s annual

appropriations clarifying the purposes for which funds collected

under this section may be used. A typical rider is found in Pub L.

No. 113-235, div. F, title I, 128 Stat. 2130, 2398 (2014), and reads:

“[N]otwithstanding any provision to the contrary of [subsection

(a)], any moneys that have been or will be received pursuant to

[this] section, whether as a result of forfeiture, compromise, or

settlement, if not appropriate for refund pursuant to [subsection

(c)], shall be available and may be expended . . . by the Secretary

to improve, protect, or rehabilitate any public lands administered

through the Bureau of Land Management which have been

damaged by the action of a resource developer, purchaser, permittee,

or any unauthorized person, without regard to whether all moneys

collected from each such action are used on the exact lands

damaged which led to the action: Provided further, That any such

moneys that are in excess of amounts needed to repair damage to

the exact land for which funds were collected may be used to repair

other damaged public lands.” Users should consult the most recent

BLM appropriations act.]

Working Capital Fund

Sec. 306 [43 U.S.C. 1736].

(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 scal year

limitation for expenses necessary for furnishing,

in accordance with chapters 1 to 11 of title 40 and

division C (except sections 3302, 3307(e), 3501(b),

3509, 3906, 4710, and 4711) of subtitle I of

title 41 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 re 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

[the Secretary] deems appropriate in connection

with the functions to be carried on through the fund.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

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 rm 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.

Revolving fund derived from disposal of salvage

timber [43 U.S.C. 1736a] [Pub. L. No. 102–381, title I,

Oct. 5, 1992, 106 Stat. 1376]. 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.

[The provision enacting this section further provided that

“[n]othing in this provision shall alter the formulas currently in

existence by law for the distribution of receipts for the applicable

lands and timber resources.” See Pub. L. No. 102-381, tit. I,

106 Stat. 1374, 1376 (1992).]

Implementation Provisions

Sec. 307 [43 U.S.C. 1737].

(a) Investigations, studies, and experiments

The Secretary may conduct investigations,

studies, and experiments, on [his or her] 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.

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.

[The Secretary] 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 specic 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 classication 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.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(f) Federal employment status of volunteers

Volunteers shall not be deemed employees of

the United States except for the purposes of

[Pub. L. No. 98-540, 1984] –

(1) the tort claims provisions of title 28;

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

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

property of a volunteer incident to volunteer service,

in which case the provisions of section 3721 of

title 31 shall apply [Pub. L. No. 101-286, 1990].

(g) Authorization of appropriations

Eective with scal 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 scal year

[Pub. L. No. 98-540, 1984].

Contracts for Surveys and Resource

Protection; Renewals; Funding

Requirements

Sec. 308 [43 U.S.C. 1738].

(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. [The Secretary] may renew such contracts

annually, not more than twice, without additional

competition. Such contracts shall obligate funds

for the scal years in which the costs are incurred.

(b) Each such contract shall provide that the

obligation of the United States for the ensuing

scal years is contingent upon the passage of an

applicable appropriation, and that no payment

shall be made under the contract for the ensuing

scal years until such appropriation becomes

available for expenditure.

Advisory Councils

Sec. 309 [43 U.S.C. 1739].

(a) Establishment; membership; operation

The Secretary shall [Pub. L. No. 95-514, 1978] establish

advisory councils of not less than ten and not more

than fteen members appointed by [the Secretary]

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 ocial 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)

[5 U.S.C. App. §§ 1-16].

(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.

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,

classication, 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 or her] authorities under this

Act, the Secretary, by regulation, shall establish

procedures, including public hearings where

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

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.

Rules and Regulations

Sec. 310 [43 U.S.C. 1740]. 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

of the United States Code, without regard to

section 553(a)(2). Prior to the promulgation of

such rules and regulations, such lands shall be

administered under existing rules and regulations

concerning such lands to the extent practical.

Annual Reports

Sec. 311 [43 U.S.C. 1741].

(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 scal year beginning with the report

for scal year 1979.

(b) Format

A list of programs and specic 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 [Pub. L. No. 103-437, 1994] and shall be

provided to the committees prior to the end of the

second quarter of each scal year.

The report shall include, but not be limited to,

program identication information, program

evaluation information, and program budgetary

information for the preceding current and

succeeding scal years.

Search, Rescue, and Protection

Forces; Emergency Situations

Authorizing Hiring

Sec. 312 [43 U.S.C. 1742]. Where in [the Secretary’s]

judgment sucient 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

seriously ill or injured to the nearest place where

interested parties or local authorities are located.

Disclosure of Financial Interests by

Ocers or Employees

Sec. 313 [43 U.S.C. 1743].

(a) Annual written statement; availability to public

Each ocer or employee of the Secretary and the

Bureau who–

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(1) performs any function or duty under this

Act; and

(2) has any known nancial 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

this Act, shall, beginning on February 1, 1977,

annually le with the Secretary a written

statement concerning all such interests

held by such ocer 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 dene the term “known nancial

interests” for the purposes of subsection (a) of

this section; and

(B) to establish the methods by which the

requirement to le written statements

specied in subsection (a) of this section

will be monitored and enforced, including

appropriate provisions for the ling by such

ocers 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.

In the rules prescribed in subsection (b) of this

section, the Secretary may identify specic

positions within the Department of the Interior

which are of a nonregulatory or nonpolicymaking

nature and provide that ocers or employees

occupying such positions shall be exempt from the

requirements of this section.

(d) Violations; criminal penalties

Any ocer or employee who is subject to, and

knowingly violates, this section, shall be ned not

more than $2,500 or imprisoned not more than

one year, or both.

Recordation of Mining Claims

Sec. 314 [43 U.S.C. 1744].

(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, le 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, le the

instruments required by paragraphs (1) and (2) of

this subsection:

(1) File for record in the oce where the location

notice or certicate is recorded either a notice of

intention to hold the mining claim (including but

not limited to such notices as are provided by

law to be led when there has been a suspension

or deferment of annual assessment work), an

adavit of assessment work performed thereon,

[or] a detailed report provided by section 28-1 of

title 30, relating thereto.

(2) File in the oce of the Bureau designated by

the Secretary a copy of the ocial record of the

instrument led or recorded pursuant to paragraph

(1) of this subsection, including a description of the

location of the mining claim sucient to locate the

claimed lands on the ground.

(b) Additional ling 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, le in the oce

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

of the Bureau designated by the Secretary a copy

of the ocial record of the notice of location or

certicate of location, including a description of

the location of the mining claim or mill or tunnel

site sucient 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, le in the oce

of the Bureau designated by the Secretary a copy

of the ocial record of the notice of location or

certicate of location, including a description of the

location of the mining claim or mill or tunnel site

sucient to locate the claimed lands on the ground.

defective or untimely ling

The failure to le 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 le if the instrument is defective or not

timely led for record under other Federal laws

permitting ling or recording thereof, or if the

instrument is led 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 unaected

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.

Disclaimer of Interest in Lands

Sec. 315 [43 U.S.C. 1745].

(a) Issuance of recordable document; criteria

After consulting with any aected 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 [the Secretary] 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 led 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.

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 eect as a quit-claim deed from the

United States.

Correction of Conveyance

Documents

Sec. 316 [43 U.S.C. 1746]. The Secretary may correct

patents or documents of conveyance issued

pursuant to section 208 of this Act or to other

Acts relating to the disposal of public lands where

necessary in order to eliminate errors. In addition,

the Secretary may make corrections of errors in any

documents of conveyance which have heretofore

been issued by the Federal Government to dispose

of public lands. Any corrections authorized by this

section which aect the boundaries of, or jurisdiction

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

over, land administered by another Federal agency

shall be made only after consultation with, and the

approval of, the head of such other agency

[Pub. L. No. 108-7, 2003].

Mineral Revenues

Sec. 317. [This section has been codiﬁed in two separate sections

of the United States Code, 30 U.S.C. 191 and 43 U.S.C. 1747,

each of which has been subsequently amended. For ease of

reference, the two sections are presented here separately, with their

respective subdivisions.]

Disposition of moneys received [30 U.S.C. 191].

(a) In general

All money received from sales, bonuses, royalties

including interest charges collected under the Federal

Oil and Gas Royalty Management Act of 1982

[30 U.S.C. 1701 et seq.], and rentals of the public

lands under the provisions of this chapter and the

Geothermal Steam Act of 1970 [30 U.S.C. 1001 et

seq.], shall be paid into the Treasury of the United

States; and, subject to the provisions of subsection

(b) of this section, 50 per centum thereof shall be

paid by the Secretary of the Treasury to the State

other than Alaska within the boundaries of which

the leased lands or deposits are or were located;

said moneys paid to any of such States on or after

January 1, 1976, to be used by such State and its

subdivisions, as the legislature of the State may

direct giving priority to those subdivisions of

the State socially or economically impacted by

development of minerals leased under this Act, for

(i) planning, (ii) construction and maintenance of

public facilities, and (iii) provision of public service;

and excepting those from Alaska, 40 per centum

thereof shall be paid into, reserved, appropriated,

as part of the reclamation fund created by the

Act of Congress known as the Reclamation Act

[43 U.S.C. 391 note.], approved June 17, 1902, and

of those from Alaska, 90 per centum thereof shall

be paid to the State of Alaska for disposition by

the legislature thereof: Provided, That all moneys

which may accrue to the United States under the

provisions of this Act and the Geothermal Steam

Act of 1970 from lands within the naval petroleum

reserves shall be deposited in the Treasury as

“miscellaneous receipts”, as provided by section

7433(b) of title 10. All moneys received under

the provisions of this Act and the Geothermal

Steam Act of 1970 not otherwise disposed of by

this section shall be credited to miscellaneous

receipts. Payments to States under this section with

respect to any moneys received by the United States,

shall be made not later than the last business day

of the month in which such moneys are warranted

by the United States Treasury to the Secretary as

having been received, except for any portion of such

moneys which is under challenge and placed in a

suspense account pending resolution of a dispute.

Such warrants shall be issued by the United States

Treasury not later than 10 days after receipt of such

moneys by the Treasury. Moneys placed in a suspense

account which are determined to be payable to a

State shall be made not later than the last business

day of the month in which such dispute is resolved.

Any such amount placed in a suspense account

pending resolution shall bear interest until the

dispute is resolved.

(b) Deduction for administrative costs

In determining the amount of payments to the

States under this section, beginning in scal year

2014 and for each year thereafter, the amount of

such payments shall be reduced by 2 percent for any

administrative or other costs incurred by the United

States in carrying out the program authorized by

this Act, and the amount of such reduction shall be

deposited to miscellaneous receipts of the Treasury.

(1) Notwithstanding the rst sentence of

subsection (a) of this section, any rentals received

from leases in any State (other than the State

of Alaska) on or after August 8, 2005 shall be

deposited in the Treasury, to be allocated in

accordance with paragraph (2).

(2) Of the amounts deposited in the Treasury under

paragraph (1)—

(A) 50 percent shall be paid by the Secretary of

the Treasury to the State within the boundaries of

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

which the leased land is located or the deposits

were derived; and

(B) 50 percent shall be deposited in a special fund

in the Treasury, to be known as the “BLM Permit

Processing Improvement Fund” (referred to in this

subsection as the “Fund”).

(3) Use of fund

(A) In general

The Fund shall be available to the Secretary

of the Interior for expenditure, without further

appropriation and without scal year limitation,

for the coordination and processing of oil and

gas use authorizations on onshore Federal and

Indian trust mineral estate land.

(B) Accounts

The Secretary shall divide the Fund into—

(i) a Rental Account (referred to in this

subsection as the “Rental Account”) comprised of

rental receipts collected under this section; and

(ii) a Fee Account (referred to in this subsection

as the “Fee Account”) comprised of fees

collected under subsection (d).

(4) Rental account

(A) In general

The Secretary shall use the Rental Account for—

(i) the coordination and processing of oil and

gas use authorizations on onshore Federal

and Indian trust mineral estate land under

the jurisdiction of the Project oces identied

under section 365(d) of the Energy Policy Act of

2005 (42 U.S.C. 15924(d)); and

(ii) training programs for development

of expertise related to coordinating and

processing oil and gas use authorizations.

(B) Allocation

In determining the allocation of the Rental

Account among Project oces for a scal year,

the Secretary shall consider—

(i) the number of applications for permit to drill

received in a Project oce during the previous

scal year;

(ii) the backlog of applications described in

clause (i) in a Project oce;

(iii) publicly available industry forecasts for

development of oil and gas resources under

the jurisdiction of a Project oce; and

(iv) any opportunities for partnership with

local industry organizations and educational

institutions in developing training programs to

facilitate the coordination and processing of oil

and gas use authorizations.

(5) Fee account

(A) In general

The Secretary shall use the Fee Account for the

coordination and processing of oil and gas use

authorizations on onshore Federal and Indian

trust mineral estate land.

(B) Allocation

The Secretary shall transfer not less than

75 percent of the revenues collected by an oce

for the processing of applications for permits to

the State oce of the State in which the fees were

collected.

(d) BLM oil and gas permit processing fee

(1) In general

Notwithstanding any other provision of law,

for each of scal years 2016 through 2026, the

Secretary, acting through the Director of the

Bureau of Land Management, shall collect a fee

for each new application for a permit to drill that is

submitted to the Secretary.

(2) Amount

The amount of the fee shall be $ 9,500 for each new

application, as indexed for United States dollar

ination from October 1, 2015 (as measured by the

Consumer Price Index).

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(3) Use

Of the fees collected under this subsection for a

scal year, the Secretary shall transfer—

(A) for each of scal years 2016 through 2019—

(i) 15 percent to the eld oces that collected

the fees and used to process protests, leases,

and permits under this Act, subject to

appropriation; and

(ii) 85 percent to the BLM Permit Processing

Improvement Fund established under

subsection (c)(2)(B) (referred to in this

subsection as the “Fund”); and

(B) for each of scal years 2020 through 2026, all

of the fees to the Fund.

(4) Additional costs

During each of scal years of 2016 through 2026,

the Secretary shall not implement a rulemaking

that would enable an increase in fees to recover

additional costs related to processing applications

for permits to drill [Pub. L. No. 97-451, 1983; Pub. L.

No. 100-203, 1987; Pub. L. No. 100-443, 1988; Pub. L.

No. 103-66, 1993; Pub. L. No. 106-393, 2000; Pub. L.

No. 109-58, 2005; Pub. L. No. 113-67, 2013; Pub. L.

No. 113-291, 2014].

Loans to States and political subdivisions

[43 U.S.C. 1747].

(1) Purposes

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 conned to the uses specied 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) Amounts

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) Allocation

The Secretary, after consultation with the

Governors of the aected 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

suering the most severe impacts.

(4) Terms and conditions

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) Interest rate

Loans made pursuant to this subsection 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) Security

Any loan made pursuant to this subsection 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) Limitations

Notwithstanding any other provision of law, loans

made pursuant to this subsection 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) Forebearance for benet of borrowers

Nothing in this subsection shall be construed to

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

preclude any forebearance for the benet of the

borrower including loan restructuring, which may

be determined by the Secretary as justied by the

failure of anticipated mineral development or

related revenues to materialize as expected when

the loan was made pursuant to this section.

(9) Recordkeeping requirements

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 eective

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) Discrimination prohibited

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 benets of, or be subjected to discrimination

under, any program or activity funded in whole or

part with funds made available under this section.

(11) Deposit of receipts

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 [Pub. L. No. 95-352, 1978].

[The ofﬁcial 43 U.S.C. 1747 contains a section heading and

11 subsection headings displayed together. For ease of reading,

these headings were divided up and placed with the appropriate text

in each subsection.]

Funding Requirements

Sec. 318 [43 U.S.C. 1748].

(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

[Pub. L. No. 104-333, 1996], any program, function,

or activity of the Bureau under this or any other

Act unless such sums are specically 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-scal-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 or her]

request, in addition to the information contained

in [the Secretary’s] budget request and justication

statement to the Oce of Management and Budget,

the funding levels which [the Secretary] determines

can be eciently and eectively utilized in the

execution of [his or her] responsibilities for each

such program, function, or activity, notwithstanding

any budget guidelines or limitations imposed by any

ocial or agency of the executive branch.

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 reghting and rehabilitation.

(d) Purchase of certain public lands from Land

and Water Conservation Fund

In exercising the authority to acquire by purchase

granted by subsection (a) of section 205 of this

Act, the Secretary may use the Land and Water

Conservation Fund to purchase lands which are

necessary for proper management of public

lands which are primarily of value for outdoor

recreation purposes.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

FLAME Wildre Suppression Reserve Funds

[43 U.S.C. 1748a] [Pub. L. 111–88, div. A, title V, § 502, Oct. 30,

2009, 123 Stat. 2968].

(a) Denitions

In this section:

(1) Federal land

The term “Federal land” means—

(A) public land, as dened in section 1702 of

this title;

(B) units of the National Park System;

Refuge System;

(D) land held in trust by the United States for

the benet of Indian tribes or members of an

Indian tribe; and

(E) land in the National Forest System, as

dened in section 1609(a) of title 16.

(2) FLAME Fund

The term “FLAME Fund” means a FLAME Wildre

Suppression Reserve Fund established by

subsection (b).

(3) Relevant congressional committees

The term “relevant congressional committees”

means the Committee on Appropriations,

the Committee on Natural Resources, and

the Committee on Agriculture of the House

of Representatives and the Committee on

Appropriations, the Committee on Energy and

Natural Resources, and the Committee on Indian

Aairs of the Senate.

(4) Secretary concerned

The term “Secretary concerned” means—

(A) the Secretary of the Interior, with respect to—

(i) Federal land described in subparagraphs

(A), (B), (C), and (D) of paragraph (1); and

(ii) the FLAME Fund established for the

Department of the Interior; and

(B) the Secretary of Agriculture, with respect to—

(i) National Forest System land; and

(ii) the FLAME Fund established for the

Department of the Agriculture.

(b) Establishment of FLAME Funds

There is established in the Treasury of the United

States the following accounts:

(1) The FLAME Wildre Suppression Reserve

Fund for the Department of the Interior.

(2) The FLAME Wildre Suppression Reserve

Fund for the Department of Agriculture.

The FLAME Funds shall be available to cover the

costs of large or complex wildre events and as

a reserve when amounts provided for wildre

suppression and Federal emergency response

in the Wildland Fire Management appropriation

accounts are exhausted.

(d) Funding

(1) Credits to funds

A FLAME Fund shall consist of the following:

(A) Such amounts as are appropriated to that

FLAME Fund.

(B) Such amounts as are transferred to that

FLAME Fund under paragraph (5).

(2) Authorization of appropriations

(A) Authorization of appropriations

There are authorized to be appropriated to the

FLAME Funds such amounts as are necessary

to carry out this section.

(B) Congressional intent

It is the intent of Congress that, for scal

year 2011 and each scal year thereafter, the

amounts requested by the President for a

FLAME Fund should be not less than the amount

estimated by the Secretary concerned as the

amount necessary for that scal year for wildre

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

suppression activities of the Secretary that meet

the criteria specied in subsection (e)(2)(B)(i).

ame fund appropriations, supplemental

funding request, and supplement to other

suppression funding

It is the sense of Congress that for scal year

2011 and each scal year thereafter—

(i) amounts appropriated to a FLAME

Fund in excess of the amount estimated

by the Secretary concerned as the amount

necessary for that scal year for wildre

suppression activities of the Secretary that

meet the criteria specied in subsection

(e)(2)(B)(i) should be designated as amounts

necessary to meet emergency needs;

(ii) the Secretary concerned should promptly

make a supplemental request for additional

funds to replenish the FLAME Fund if the

Secretary determines that the FLAME Fund

will be exhausted within 30 days; and

(iii) funding made available through the

FLAME Fund should be used to supplement

the funding otherwise appropriated to the

Secretary concerned for wildre suppression

and Federal emergency response in the

Wildland Fire Management appropriation

accounts.

(3) Availability

Amounts in a FLAME Fund shall remain available

to the Secretary concerned until expended.

(4) Notice of insucient funds

The Secretary concerned shall notify the relevant

congressional committees if the Secretary

estimates that only 60 days worth of funds remain

in the FLAME Fund administered by that Secretary.

(5) Transfer authority

If a FLAME Fund has insucient funds, the

Secretary concerned administering the other

FLAME Fund may transfer amounts to the FLAME

Fund with insucient funds. Not more than

$100,000,000 may be transferred from a FLAME

Fund during any scal year under this authority.

(e) Use of FLAME Fund

(1) In general

Subject to paragraphs (2) and (3), amounts in a

FLAME Fund shall be available to the Secretary

concerned to transfer to the Wildland Fire

Management appropriation account of that

Secretary to pay the costs of wildre suppression

activities of that Secretary that are separate

from amounts for wildre suppression activities

annually appropriated to that Secretary under

the Wildland Fire Management appropriation

account of that Secretary.

(2) Declaration required

(A) In general

Amounts in a FLAME Fund shall be available

for transfer under paragraph (1) only after

that Secretary concerned issues a declaration

that a wildre suppression event is eligible for

funding from the FLAME Fund.

(B) Declaration criteria

A declaration by the Secretary concerned under

subparagraph (A) may be issued only if—

(i) in the case of an individual wildre

incident—

(I) the re covers 300 or more acres; or

(II) the Secretary concerned determines

that the re has required an emergency

Federal response based on the signicant

complexity, severity, or threat posed by the

re to human life, property, or resources; or

(ii) the cumulative costs of wildre

suppression and Federal emergency

response activities for the Secretary

concerned will exceed, within 30 days, all

of the amounts previously appropriated

(including amounts appropriated under

an emergency designation, but excluding

amounts appropriated to the FLAME Fund)

to the Secretary concerned for wildre

suppression and Federal emergency response.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(3) State, private, and tribal land

Use of a FLAME Fund for emergency wildre

suppression activities on State land, private

land, and tribal land shall be consistent with

any existing agreements in which the Secretary

concerned has agreed to assume responsibility

for wildre suppression activities on the land.

(f) Treatment of anticipated and predicted

activities

For scal year 2011 and subsequent scal years,

the Secretary concerned shall request funds within

the Wildland Fire Management appropriation

account of that Secretary for regular wildre

suppression activities that do not meet the criteria

specied in subsection (e)(2)(B)(i).

(g) Prohibition on other transfers

The Secretary concerned may not transfer funds

from non-re accounts to the Wildland Fire

Management appropriation account of that

Secretary unless amounts in the FLAME Fund of

that Secretary and any amounts appropriated

to that Secretary for the purpose of wildre

suppression will be exhausted within 30 days.

(h) Accounting and reports

(1) Accounting and reporting requirements

The Secretary concerned shall account and

report on amounts transferred from the

respective FLAME Fund in a manner that is

consistent with existing National Fire Plan

reporting procedures.

(2) Annual report

The Secretary concerned shall submit to the

relevant congressional committees and make

available to the public an annual report that—

(A) describes the obligation and expenditure of

amounts transferred from the FLAME Fund; and

(B) includes any recommendations that the

Secretary concerned may have to improve the

administrative control and oversight of the

FLAME Fund.

(3) Estimates of wildre suppression costs to

improve budgeting and funding

(A) In general

Consistent with the schedule provided in

subparagraph (C), the Secretary concerned

shall submit to the relevant congressional

committees an estimate of anticipated wildre

suppression costs for the applicable scal year.

(B) Independent review

The methodology for developing the

estimates under subparagraph (A) shall be

subject to periodic independent review to

ensure compliance with subparagraph (D).

The Secretary concerned shall submit an

estimate under subparagraph (A) during—

(i) the rst week of March of each year;

(ii) the rst week of May of each year;

(iii) the rst week of July of each year; and

(iv) if a bill making appropriations for the

Department of the Interior and the Forest

Service for the following scal year has not

been enacted by September 1, the rst week

of September of each year.

(D) Requirements

An estimate of anticipated wildre suppression

costs shall be developed using the best

available—

(i) climate, weather, and other relevant

data; and

(ii) models and other analytic tools.

(i) Termination of authority

The authority of the Secretary concerned to use

the FLAME Fund established for that Secretary

shall terminate at the end of the third scal year in

which no appropriations to, or withdrawals from,

that FLAME Fund have been made for a period of

three consecutive scal years. Upon termination

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

of such authority, any amounts remaining in the

aected FLAME Fund shall be transferred to, and

made a part of, the Wildland Fire Management

appropriation account of the Secretary concerned

for wildland suppression activities.

Cohesive wildre management strategy

[43 U.S.C. 1748b] [Pub. L. 111–88, div. A, title V, § 503, Oct. 30,

2009, 123 Stat. 2971].

(a) Strategy required

Not later than one year after October 30, 2009,

the Secretary of the Interior and the Secretary

of Agriculture, acting jointly, shall submit to

Congress a report that contains a cohesive

wildre management strategy, consistent with the

recommendations described in recent reports of

the Government Accountability Oce regarding

management strategies.

(b) Elements of strategy

The strategy required by subsection (a) shall

provide for—

(1) the identication of the most cost-eective

means for allocating re management

budget resources;

(2) the reinvestment in non-re programs by

the Secretary of the Interior and the Secretary

of Agriculture;

(3) employing the appropriate management

response to wildres;

(4) assessing the level of risk to communities;

(5) the allocation of hazardous fuels reduction

funds based on the priority of hazardous fuels

reduction projects;

(6) assessing the impacts of climate change on

the frequency and severity of wildre; and

(7) studying the eects of invasive species on

wildre risk.

At least once during each ve-year period

beginning on the date of the submission of the

cohesive wildre management strategy under

subsection (a), the Secretary of the Interior and the

Secretary of Agriculture shall revise the strategy

to address any changes aecting the strategy,

including changes with respect to landscape,

vegetation, climate, and weather.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

TITLE IV

RANGE MANAGEMENT

Grazing Fees

Sec. 401 [43 U.S.C. 1751].

(a) Feasibility study; contents; submission

of report

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,

dierences 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 eect 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) Annual distribution and use of range

betterment funds; nature of distributions

(1) Congress nds 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 benets to wildlife, watershed

protection, and livestock production. Congress

therefore directs that 50 per centum or

$10,000,000 per annum, whichever is greater

[Pub. L. No. 95-514, 1978] 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

[Pub. L. No. 95-514, 1978] 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,

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

weed control, water development, and sh 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 of the

United States Code.

(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.

[The original 43 U.S.C. 1751 contains a section heading and

multiple subheadings displayed together. For ease of reading, these

headings were divided up and placed with the appropriate text.]

Grazing Leases and Permits

Sec. 402 [43 U.S.C. 1752].

(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 [Pub. L.

No. 95-514, 1978] 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 [Pub. L. No. 95-514, 1978].

or lease

(1) Renewal of expiring or transferred permit

or lease

During any period in which (A) [Pub. L. No. 113–291,

2014] 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, (B) [Pub. L. No. 113–291,

2014] the permittee or lessee is in compliance

with the rules and regulations issued and the

terms and conditions in the permit or lease

specied by the Secretary concerned, and

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 rst priority for receipt of

the new permit or lease.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

(2) Continuation of terms under new permit

or lease

The terms and conditions in a grazing permit or

lease that has expired, or was terminated due to

a grazing preference transfer, shall be continued

under a new permit or lease until the date on

which the Secretary concerned completes any

environmental analysis and documentation for

the permit or lease required under the National

Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.) and other applicable laws.

(3) Completion of processing

As of the date on which the Secretary concerned

completes the processing of a grazing permit or

lease in accordance with paragraph (2), the permit

or lease may be canceled, suspended, or modied,

in whole or in part.

(4) Environmental reviews

The Secretary concerned shall seek to conduct

environmental reviews on an allotment or multiple

allotment basis, to the extent practicable, if the

allotments share similar ecological conditions,

for purposes of compliance with the National

Environmental Policy Act of 1969 (42 U.S.C. 4321

et seq.) and other applicable laws [Pub. L.

No. 113–291, 2014].

(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, [the Secretary] 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 403 of this

Act, 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 specic 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

eective 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 dened as in the “Public

Rangelands Improvement Act of 1978 (43 U.S.C. 1901

et seq.)” [Pub. L. No. 95-514, 1978].

(e) Omission of allotment management plan

requirements and incorporation of appropriate

terms

and conditions; reexamination of range

conditions

In [Pub. L. No. 95-514, 1978] 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 or she] 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 [the Secretary] may reexamine

the condition of the range at any time and, if [he

or she] nds 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 or her] use to the extent

the Secretary concerned deems necessary. Such

readjustment shall be put into full force and eect

on the date specied 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

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

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 ocials.

(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 or her] 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 notication.

(h) National Environmental Policy Act of 1969

(1) In general

The issuance of a grazing permit or lease by the

Secretary concerned may be categorically excluded

from the requirement to prepare an environmental

assessment or an environmental impact statement

under the National Environmental Policy Act of

1969 (42 U.S.C. 4321 et seq.) if—

(A) the issued permit or lease continues the current

grazing management of the allotment; and

(B) the Secretary concerned—

(i) has assessed and evaluated the grazing

allotment associated with the lease or

permit; and

(ii) based on the assessment and evaluation

under clause (i), has determined that the

allotment—

(I) with respect to public land administered

by the Secretary of the Interior—

(aa) is meeting land health standards; or

(bb) is not meeting land health standards

due to factors other than existing livestock

grazing; or

(II) with respect to National Forest System

land administered by the Secretary of

Agriculture—

(aa) is meeting objectives in the applicable

land and resource management plan; or

(bb) is not meeting the objectives in the

applicable land resource management

plan due to factors other than existing

livestock grazing.

(2) Trailing and crossing

The trailing and crossing of livestock across public

land and National Forest System land and the

implementation of trailing and crossing practices

by the Secretary concerned may be categorically

excluded from the requirement to prepare an

environmental assessment or an environmental

impact statement under the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(i) Priority and timing for completion of

environmental analyses

The Secretary concerned, in the sole discretion of the

Secretary concerned, shall determine the priority and

timing for completing each required environmental

analysis with respect to a grazing allotment, permit,

or lease based on—

(1) the environmental signicance of the grazing

allotment, permit, or lease; and

(2) the available funding for the environmental

analysis [Pub. L. No. 113–291, 2014].

(j) [Pub. L. No. 113–291, 2014] 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.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

Grazing Advisory Boards

[As indicated in subsection (f), this section has expired, and the

Department no longer maintains grazing advisory boards. Resource

advisory councils are addressed separately, in section 309.]

Sec. 403 [43 U.S.C. 1753].

(a) Establishment; maintenance

For each Bureau district oce and National Forest

headquarters oce in the sixteen [Pub. L. No. 95-514,

1978] contiguous Western States having jurisdiction

over more than ve hundred thousand acres of

lands subject to commercial livestock grazing

(hereinafter in this section referred to as “oce”),

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 oce, shall establish and

maintain at least one grazing advisory board of not

more than fteen advisers.

(b) Functions

The function of grazing advisory boards

established pursuant to this section shall be

to oer advice and make recommendations to

the head of the oce involved concerning the

development of allotment management plans and

the utilization of range-betterment funds.

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 or

her] discretion. Each board shall consist of livestock

representatives who shall be lessees or permittees

in the area administered by the oce 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) [5 U.S.C. App. §§ 1-16]

shall apply to grazing advisory boards.

(f) Expiration date

The provisions of this section shall expire

December 31, 1985.

Transportation of Captured

Animals; Procedures and

Prohibitions Applicable

Sec. 404 [16 U.S.C. 1338a]. In administering this

chapter [i.e., the Wild Free-Roaming Horses and Burros

Act], the Secretary may use or contract for the use

of helicopters or, for the purpose of transporting

captured animals, motor vehicles. Such use shall be

undertaken only after a public hearing and under

the direct supervision of the Secretary or of a duly

authorized ocial or employee of the Department.

The provisions of section 47(a) of title 18 shall not

be applicable to such use. Such use shall be in

accordance with humane procedures prescribed

by the Secretary. Nothing in this chapter shall be

deemed to limit the authority of the Secretary in the

management of units of the National Park System,

and the Secretary may, without regard either to the

provisions of this chapter, or the provisions of

section 47(a) of title 18, use motor vehicles, xed-wing

aircraft, or helicopters, or to contract for such use, in

furtherance of the management of the National Park

System, and section 47(a) of title 18 shall be applicable

to such use [Pub. L. No. 104-333, 1996].

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

TITLE V

RIGHTS-OF-WAY

applicant shall also comply with all applicable

requirements of the Federal Energy Regulatory

Commission under the Federal Power Act, including

part I thereof (41 Stat. 1063, 16 U.S.C. 791a-825r)

[Pub. L. No. 102-486, 1992];

(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

eect on competition, which [the Secretary]

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.

Grant, Issue, or Renewal of

Rights-of-Way

Sec. 501 [43 U.S.C. 1761].

(a) Authorized purposes

The Secretary, with respect to the public lands

(including public lands, as dened in section 103(e)

of this Act, which are reserved from entry pursuant to

section 24 of the Federal Power Act (16 U.S.C. 818))

[Pub. L. No. 102-486, 1992] 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, umes, 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 rened 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

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(2) If the applicant is a partnership, corporation,

association, or other business entity, the

Secretary concerned, prior to granting a right-

to-way pursuant to this title, shall require

the applicant to disclose the identity of the

participants in the entity, when [the Secretary]

deems it necessary to a determination, in

accordance with the provisions of this title, as to

whether a right-of-way shall be granted, issued,

or renewed and the terms and conditions which

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

disclosures shall include, where applicable:

(A) the name and address of each partner;

(B) the name and address of each 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

of the entity together with, in the case of an

aliate controlled by the entity, the number

of shares and the percentage of any class of

voting stock of that aliate owned, directly or

indirectly, by that entity, and, in the case of an

aliate 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 aliate.

(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

[Pub. L. No. 99-545, 1986].

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;

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 aecting 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 eect unless

an owner thereof noties 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.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

(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.

this subsection shall include all changes or

modications 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 506 of this Act.

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

ve-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.

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 [Pub. L. No. 99-545, 1986].

(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

[Pub. L. No. 102-486, 1992].

Roads

Sec. 502 [43 U.S.C. 1762].

(a) Authority to acquire, construct, and

maintain; nancing 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 specications which will permit maximum

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

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 nancing 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 oered with the condition that

the purchaser thereof will build a road or roads in

accordance with standards specied in the oer,

the purchaser of the timber will be responsible for

paying the full costs of construction of such roads.

(b) Recordation of copies of aected instruments

Copies of all instruments aecting permanent

interests in land executed pursuant to this section

shall be recorded in each county where the lands

are located.

by users

The Secretary may require the user or users of

a road, trail, land, or other facility administered

by [the Secretary] 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 sucient funds be deposited by the

user to provide [his or her] 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 ecient 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.

Right-of-Way Corridors; Criteria

and Procedures Applicable for

Designation

Sec. 503 [43 U.S.C. 1763]. 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

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

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 conned to them, the Secretary

concerned shall take into consideration national

and State land use policies, environmental quality,

economic eciency, national security, safety, and

good engineering and technological practices.

The Secretary concerned shall issue regulations

containing the criteria and procedures [he or

she] will use in designating such corridors. Any

existing transportation and utility corridors may be

designated as transportation and utility corridors

pursuant to this subsection without further review.

General Requirements

Sec. 504 [43 U.S.C. 1764].

(a) Boundary specications; 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 or she] 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.

Rights-of-way shall be granted, issued, or renewed

pursuant to this title under such regulations or

stipulations, consistent with the provisions of this

title or any other applicable law, and shall also be

subject to such terms and conditions as the Secretary

concerned may prescribe regarding extent, duration,

survey, location, 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 title for a

new project which may have a signicant 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 505 of this Act.

(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 505 of this title. Such regulations shall be

regularly revised as needed. Such regulations shall

be applicable to every right-of-way granted or

issued pursuant to this title and to any subsequent

renewal thereof, and may be applicable to rights-

of-way not granted or issued, but renewed

pursuant to this title.

(f) 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

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

to applicable laws or for emergency repair work

necessary for those rights-of-way authorized under

section 501(c) of this Act [Pub. L. No. 99- 545, 1986].

(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 [Pub. L. No. 99- 545, 1986]. 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 nonprot associations

or nonprot corporations which are not

themselves controlled or owned by protmaking

corporations or business enterprises, or to a holder

where [he or she] provides without or at reduced

charges a valuable benet 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 nds 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 nancing pursuant to

the Rural Electrication Act of 1936, as amended

[7 U.S.C. 901 et seq.], determined without regard to

any application requirement under that Act,

[Pub. L. No. 104-333, 1996] or any extensions from such

facilities: Provided, That nothing in this sentence shall

be construed to aect 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 [Pub. L. No. 98-300, 1984].

[43 U.S.C. 1764 note: The 1996 amendment incorporating

the language “eligible for ﬁnancing pursuant to the Rural

Electriﬁcation Act of 1936, as amended, determined without

regard to any application requirement under that Act” in

subsection (g) also speciﬁed that the amended text applies

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

enactment” of the amendment, in November 1996. See Pub. L.

No. 104-333, § 1032(b), 110 Stat. 4093, 4239 (1996)]

(h) Liability for damage or injury incurred by

United States for use and occupancy of rights-

of-way; indemnication 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 title shall be

liable to the United States for damage or injury

incurred by the United States caused by the

use and occupancy of the rights-of-way. The

regulations shall also specify the extent to which

such holders shall indemnify or hold harmless

the United States for 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.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

(i) Bond or security requirements

Where [the Secretary] deems it appropriate, the

Secretary concerned may require a holder of a

right-of-way to furnish a bond, or other security,

satisfactory to [the Secretary] 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 title only when

[the Secretary] is satised that the applicant has

the technical and nancial capability to construct

the project for which the right-of-way is requested,

and in accord with the requirements of this title.

Terms and Conditions

Sec. 505 [43 U.S.C. 1765]. 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 sh 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 eciently 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 sh, 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.

Suspension or Termination;

Grounds; Procedures Applicable

Sec. 506 [43 U.S.C. 1766]. Abandonment of a right-

of-way or noncompliance with any provision of this

title, condition of the right-of-way, or applicable

rule or regulation of the Secretary concerned may

be grounds for suspension or termination of the

right-of-way if, after due notice to the holder of the

right-of-way, and with respect to easements, an

appropriate administrative proceeding pursuant

to section 554 of title 5 of the United States Code,

the Secretary concerned determines that any such

ground exists and that suspension or termination

is justied. No administrative proceeding shall

be required where the right-of-way by its terms

provides that it terminates on the occurrence of a

xed 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

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

is necessary to protect public health or safety or

the environment, [the Secretary] 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 title, condition, rule, or regulation as the

case may be. Failure of the holder of the right-of-way

to use the right-of-way for the purpose for which it

was granted, issued, or renewed, for any continuous

ve-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

ve-year period is due to circumstances not within

the holder’s control, the Secretary concerned is not

required to commence proceedings to suspend or

terminate the right-of-way.

Rights-of-Way for Federal

Departments and Agencies

Sec. 507 [43 U.S.C. 1767].

(a) The Secretary concerned may provide under

applicable provisions of this title for the use of

any department or agency of the United States a

right-of-way over, upon, under or through the land

administered by [the Secretary], subject to such

terms and conditions as [he or she] may impose.

(b) Where a right-of-way has been reserved for

the use of any department or agency of the

United States, the Secretary shall take no action to

terminate, or otherwise limit, that use without the

consent of the head of such department or agency.

Conveyance of Lands Covered

by Right-of-Way; Terms and

Conditions

Sec. 508 [43 U.S.C. 1768]. 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 title will be carried out, the

terms and conditions of the right-of-way complied

with, or the lands protected, [the Secretary] 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.

Existing Right-of-Way or Right-

of-Use Unaected; Exceptions;

Rights-of-Way for Railroad and

Appurtenant Communication

Facilities; Applicability of Existing

Terms and Conditions

Sec. 509 [43 U.S.C. 1769].

(a) Nothing in this title shall have the eect 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 title.

(b) When the Secretary concerned issues

a right-of-way under this title for a railroad

and appurtenant communication facilities in

connection with a realignment of a railroad on

lands under [the Secretary’s] jurisdiction by virtue

of a right-of-way granted by the United States,

[the Secretary] may, when [he or she] considers it

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

to be in the public interest and the lands involved

are not within an incorporated community and

are of approximately equal value, notwithstanding

the provisions of this title, provide in the new

right-of-way the same terms and conditions as

applied to the 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 [the

Secretary’s] delegate shall take nal action upon

all applications for the grant, issue, or renewal of

rights-of-way under subsection (b) of this section

no later than six months after receipt from the

applicant of all information required from the

applicant by this title.

Applicability of Provisions to Other

Federal Laws

Sec. 510 [43 U.S.C. 1770].

(a) Right-of-way

Eective on and after October 21, 1976, no right-

of-way for the purposes listed in this title 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

title: Provided, That nothing in this title shall be

construed as aecting or modifying the provisions

of sections 532 to 538 of title 16 and in the event

of conict 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 eective date of this section shall be

considered as an application under this title. The

Secretary concerned may require the applicant to

submit any additional information [the Secretary]

deems necessary to comply with the requirements

of this title.

(b) Highway use

Nothing in this title shall be construed to preclude

the use of lands covered by this title for highway

purposes pursuant to sections 107 and 317 of

title 23 of the United States Code.

(1) Nothing in this title shall be construed as

exempting any holder of a right-of-way issued

under this title from any provision of the

antitrust laws of the United States.

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

“antitrust laws” includes the Act of July 2, 1890

(26 Stat. [209], 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].

Coordination of Applications

Sec. 511 [43 U.S.C. 1771]. Applicants before

Federal departments and agencies other than the

Department of the Interior or Agriculture seeking a

license, certicate, or other authority for a project

which involve[s] 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.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

TITLE VI

DESIGNATED MANAGEMENT AREAS

[In 2009, Congress established the National Landscape

Conservation System, which includes most of the areas addressed in

this title, as well as numerous other areas. See Pub. L. No. 111-11,

§§ 2001-2003, 123 Stat. 991, 1094-1096 (2009), codiﬁed at

16 U.S.C. 7201-7203.]

California Desert Conservation Area

Sec. 601 [43 U.S.C. 1781].

(a) Congressional ndings

The Congress nds that–

(1) the California desert contains historical,

scenic, archeological, environmental, biological,

cultural, scientic, 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 shes, 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 [plan] 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 o-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 eective 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.

(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.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(2) As soon as practicable after October 21, 1976,

the Secretary shall le a revised map and a legal

description of the California Desert Conservation

Area with the Committees on Interior and Insular

Aairs of the United States Senate and the

House of Representatives, and such map and

description shall have the same force and eect

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 202

of this Act, 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 eective 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 aect 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 eectuate 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, scientic, 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 309

of this Act.

(2) It shall be the function of the advisory

committee to advise the Secretary with respect

to the preparation and implementation of the

comprehensive, long-range plan required under

subsection (d) of this section.

(h) 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.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

(i) Omitted

[Subsection (i) previously required the Secretary to submit an

annual report to Congress regarding the implementation of

this section. This reporting requirement was sunsetted in 2000

pursuant to Pub. L. No. 105-66, § 3003, 109 Stat. 707, 734-735

(1995). See 43 U.S.C. 1781 note.]

(j) Authorization of appropriations

There are authorized to be appropriated for

scal years 1977 through 1981 not to exceed

$40,000,000 for the purpose of this section, such

amount to remain available until expended.

Acceptance of donation of certain existing

permits or leases [43 U.S.C. 1781a] [Pub. L. No. 112–74,

div. E, title I, § 122(b), Dec. 23, 2011, 125 Stat. 1013].

(1) During scal year 2012 and thereafter, the

Secretary of the Interior shall accept the donation

of any valid existing permits or leases authorizing

grazing on public lands within the California

Desert Conservation Area. With respect to each

permit or lease donated under this paragraph,

the Secretary shall terminate the grazing permit

or lease, ensure a permanent end (except as

provided in paragraph (2)), to grazing on the land

covered by the permit or lease, and make the land

available for mitigation by allocating the forage to

wildlife use consistent with any applicable Habitat

Conservation Plan, section 10(a)(1)(B) permit, or

section 7 consultation under the Endangered

Species Act of 1973 (16 U.S.C. 1531 et seq.).

(2) If the land covered by a permit or lease donated

under paragraph (1) is also covered by another

valid existing permit or lease that is not donated

under such paragraph, the Secretary of the Interior

shall reduce the authorized grazing level on the

land covered by the permit or lease to reect the

donation of the permit or lease under paragraph (1).

To ensure that there is a permanent reduction

in the level of grazing on the land covered by a

permit or lease donated under paragraph (1), the

Secretary shall not allow grazing use to exceed the

authorized level under the remaining valid existing

permit or lease that is not donated.

King Range

Sec. 602. Section 9 of the Act of October 21,

1970 (84 Stat. 1067), [16 U.S.C. 460y-8] is amended

by adding a new subsection (c), as follows: “(c) In

addition to the lands described in subsection (a) of

this section [16 U.S.C. 460y-8(a)], the land identied

as the Punta Gorda Addition and the Southern

Additions on the map entitled ‘King Range

National

Conservation Area Boundary Map No. 2,’

dated July 29, 1975, is included in the survey and

investigation area referred to in the rst section of

this Act [16 U.S.C. 460y].”

Bureau of Land Management

Wilderness Study

Sec. 603 [43 U.S.C. 1782].

(a) Lands subject to review and designation

wilderness

Within fteen years after October 21, 1976,

the Secretary shall review those roadless areas

of ve thousand acres or more and roadless

islands of the public lands, identied during the

inventory required by section 201(a) of this Act

as having wilderness characteristics described

in the Wilderness Act of September 3, 1964

(78 Stat. 890; 16 U.S.C. 1131 et seq.) and shall

from time to time report to the President [his

or her] 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 [Pub. L. No.

102-154, 1991] and the United States Bureau of

Mines [Pub. L. No. 102-285, 1992] 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 or

her] recommendations on those areas which the

Secretary has prior to November 1, 1975, formally

identied as natural or primitive areas. The review

required by this subsection shall be conducted in

accordance with the procedure specied in

section 3(d) of the Wilderness Act [16 U.S.C.1132(d)].

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

[The authority of the U.S. Bureau of Mines described in

this subsection has subsequently been transferred to the U.S.

Geological Survey. See Pub. L. No. 104-134, tit. I, 110 Stat.

1321-156, 1321-165 (1996).]

(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 or her] recommendations

with respect to designation as wilderness of

each such area, together with a map thereof and

a denition 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 eective only if so

provided by an Act of Congress.

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 or her] 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 aord environmental protection. Unless

previously withdrawn from appropriation under

the mining laws, such lands shall continue to be

subject to such appropriation during the period

of review unless withdrawn by the Secretary

under the procedures of section 204 of this Act for

reasons other than preservation of their wilderness

character. Once an area has been designated for

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.

Yaquina Head Outstanding Natural Area

[43 U.S.C. 1783] [(Pub. L. No. 96–199, title I, § 119, Mar. 5, 1980,

94 Stat. 71].

(a) Establishment

In order to protect the unique scenic, scientic,

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 le and

available for public inspection in the Oce of the

Director, Bureau of Land Management, United

States Department of the Interior, and the State

Oce 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 dened 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–

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

(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, scientic study, and

public recreation which do not substantially

impair the purposes for which the area is

established; and

(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.

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

dened 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)

[30 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

the date of enactment of this section [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 dened 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

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 eld 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.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(f) Reclamation and restoration of lands

aected 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

aected 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.

Lands in Alaska; designation as wilderness;

management by Bureau of Land Management

pending Congressional action [43 U.S.C. 1784]

[Pub. L. No. 96–487, title XIII, § 1320, Dec. 2, 1980, 94 Stat. 2487].

Notwithstanding any other provision of law,

section 1782 of the Federal Land Policy and

Management Act of 1976 shall not apply to any lands

in Alaska. However, in carrying out [the Secretary’s]

duties under sections 1711 and 1712 of this title

and other applicable laws, the Secretary may

identify areas in Alaska which he [or she] 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.

Fossil Forest Research Natural Area [43 U.S.C. 1785]

[Pub. L. No. 98–603, title I, § 103, Oct. 30, 1984, 98 Stat. 3156;

Pub. L. No. 104–333, div. I, title X, § 1022(e), Nov. 12, 1996,

110 Stat. 4213; Pub. L. No. 106–176, title I, § 124, Mar. 10, 2000,

114 Stat. 30].

(a) Establishment

To conserve and protect natural values and to

provide scientic knowledge, education, and

interpretation for the benet 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 le a map and

legal description of the Area with the Committee

on Energy and Natural Resources [Pub. L. No. 106-176,

2000] of the Senate and the Committee on

Resources of the House of Representatives.

(2) Force and eect

The map and legal description described in

paragraph (1) shall have the same force and

eect 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 ling

the map pursuant to paragraph (1).

(4) Public inspection

The map and legal description shall be on

le and available for public inspection in the

Oce of the Director of the Bureau of Land

Management, Department of the Interior.

(1) In general

The Secretary of the Interior, acting through the

Director of the Bureau of Land Management,

shall manage the Area—

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

(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.

Operations on oil and gas leases issued prior

to the date of enactment of this paragraph

[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 signicant

disturbance of the land surface or impairment

of the natural, educational, and scientic

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 scal 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 specied in the

management plan developed for the Area in

accordance with subsection (e) of this section.

(e) Management Plan

(1) In general

Not later than 5 years after November 12, 1996,

the Secretary of the Interior shall develop

and submit to the Committee on Energy

and Natural Resources of the Senate and the

Committee on Resources [Pub. L. No. 106-176, 2000]

of the House of Representatives a management

plan that describes the appropriate use of

the Area consistent with this subsection [Pub. L.

No. 106-176, 2000].

(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 eld 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 scientic project;

collection of fossil remains, including

botanical fossils, and the use of motorized

and mechanical equipment to the minimum

extent necessary to accomplish an individual

scientic project; and

(D) mitigation and reclamation standards

for activities that disturb the surface to the

detriment of scenic and environmental values.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Piedras Blancas Historic Light Station

[43 U.S.C. 1786] [Pub. L. No. 110–229, title II, § 201, May 8,

2008, 122 Stat. 759; Pub. L. No. 113–287, § 5(l)(8), Dec. 19, 2014,

128 Stat. 3271].

(a) Denitions

In this section:

(1) Light Station

The term “Light Station” means Piedras Blancas

Light Station.

(2) Outstanding Natural Area

The term “Outstanding Natural Area” means

the Piedras Blancas Historic Light Station

Outstanding Natural Area established pursuant

to subsection (c).

(3) Public lands

The term “public lands” has the meaning stated

in section 103(e) of the Federal Land Policy and

Management Act of 1976 (43 U.S.C. [1702](e)).

(4) Secretary

The term “Secretary” means the Secretary of

the Interior.

(b) Findings

Congress nds as follows:

(1) The publicly owned Piedras Blancas Light

Station has nationally recognized historical

structures that should be preserved for present

and future generations.

(2) The coastline adjacent to the Light Station is

internationally recognized as having signicant

wildlife and marine habitat that provides critical

information to research institutions throughout

the world.

(3) The Light Station tells an important story

about California’s coastal prehistory and

history in the context of the surrounding region

and communities.

(4) The coastal area surrounding the Light

Station was traditionally used by Indian people,

including the Chumash and Salinan Indian tribes.

(5) The Light Station is historically associated

with the nearby world-famous Hearst Castle

(Hearst San Simeon State Historical Monument),

now administered by the State of California.

(6) The Light Station represents a model

partnership where future management can be

successfully accomplished among the Federal

Government, the State of California, San Luis

Obispo County, local communities, and

private groups.

(7) Piedras Blancas Historic Light Station

Outstanding Natural Area would make a

signicant addition to the National Landscape

Conservation System administered by the

Department of the Interior’s Bureau of

Land Management.

(8) Statutory protection is needed for the Light

Station and its surrounding Federal lands to

ensure that it remains a part of our historic,

cultural, and natural heritage and to be a source

of inspiration for the people of the United States.

Light Station Outstanding Natural Area

(1) In general

In order to protect, conserve, and enhance for

the benet and enjoyment of present and future

generations the unique and nationally important

historical, natural, cultural, scientic, educational,

scenic, and recreational values of certain lands

in and around the Piedras Blancas Light Station,

in San Luis Obispo County, California, while

allowing certain recreational and research

activities to continue, there is established,

subject to valid existing rights, the Piedras

Blancas Historic Light Station Outstanding

Natural Area.

(2) Maps and legal descriptions

The boundaries of the Outstanding Natural Area

as those shown on the map entitled “Piedras

Blancas Historic Light Station: Outstanding

Natural Area”, dated May 5, 2004, which shall

be on le and available for public inspection

in the Oce of the Director, Bureau of Land

Management, United States Department of the

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

Interior, and the State oce of the Bureau of

Land Management in the State of California.

(3) Basis of management

The Secretary shall manage the Outstanding

Natural Area as part of the National Landscape

Conservation System to protect the resources

of the area, and shall allow only those uses that

further the purposes for the establishment of the

Outstanding Natural Area, the Federal

Land Policy and Management Act of 1976

(43 U.S.C. 1701 et seq.), and other applicable laws.

(4) Withdrawal

Subject to valid existing rights, and in

accordance with the existing withdrawal as set

forth in Public Land Order 7501 (Oct. 12, 2001,

Vol. 66, No. 198, Federal Register 52149), the

Federal lands and interests in lands included

within the Outstanding Natural Area are hereby

withdrawn from—

(A) all forms of entry, appropriation, or disposal

under the public land laws;

(B) location, entry, and patent under the public

land mining laws; and

geothermal leasing laws and the mineral

materials laws.

(d) Management of the Piedras Blancas Historic

Light Station Outstanding Natural Area

(1) In general

The Secretary shall manage the Outstanding

Natural Area in a manner that conserves,

protects, and enhances the unique and nationally

important historical, natural, cultural, scientic,

educational, scenic, and recreational values of that

area, including an emphasis on preserving and

restoring the Light Station facilities, consistent

with the requirements of subsection (c)(3).

(2) Uses

Subject to valid existing rights, the Secretary

shall only allow such uses of the Outstanding

Natural Area as the Secretary nds are likely to

further the purposes for which the Outstanding

Natural Area is established as set forth in

subsection (c)(1).

(3) Management plan

Not later than 3 years [after] May 8, 2008, the

Secretary shall complete a comprehensive

management plan consistent with the

requirements of section 202 of the Federal

Land Policy and Management Act of 1976

(43 U.S.C. 1712) to provide long-term

management guidance for the public lands

within the Outstanding Natural Area and fulll

the purposes for which it is established, as set

forth in subsection (c)(1). The management

plan shall be developed in consultation with

appropriate Federal, State, and local government

agencies, with full public participation, and the

contents shall include—

(A) provisions designed to ensure the

protection of the resources and values

described in subsection (c)(1);

(B) objectives to restore the historic Light

Station and ancillary buildings;

program of interpretation and public

education about the Light Station and its

importance to the surrounding community;

(D) a proposal for minimal administrative and

public facilities to be developed or improved

at a level compatible with achieving the

resources objectives for the Outstanding

Natural Area as described in paragraph (1) and

with other proposed management activities to

accommodate visitors and researchers to the

Outstanding Natural Area; and

(E) cultural resources management strategies

for the Outstanding Natural Area, prepared in

consultation with appropriate departments

of the State of California, with emphasis

on the preservation of the resources of the

Outstanding Natural Area and the interpretive,

education, and long-term scientic uses of the

resources, giving priority to the enforcement

of the Archaeological Resources Protection Act

of 1979 (16 U.S.C. 470aa et seq.) and division A

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

of subtitle III of title 54 within the Outstanding

Natural Area.

(4) Cooperative agreements

In order to better implement the management

plan and to continue the successful partnerships

with the local communities and the Hearst

San Simeon State Historical Monument,

administered by the California Department of

Parks and Recreation, the Secretary may enter

into cooperative agreements with the appropriate

Federal, State, and local agencies pursuant to

section 307(b) of the Federal Land [Policy] and

Management Act of 1976 (43 U.S.C. 1737(b)).

(5) Research activities

In order to continue the successful partnership

with research organizations and agencies and to

assist in the development and implementation

of the management plan, the Secretary may

authorize within the Outstanding Natural Area

appropriate research activities for the purposes

identied in subsection (c)(1) and pursuant to

section 307(a) of the Federal Land Policy and

Management Act of 1976 (43 U.S.C. 1737(a)).

(6) Acquisition

State and privately held lands or interests in

lands adjacent to the Outstanding Natural Area

and identied as appropriate for acquisition in

the management plan may be acquired by the

Secretary as part of the Outstanding Natural

Area only by—

(A) donation;

(B) exchange with a willing party; or

(7) Additions to the Outstanding Natural Area

Any lands or interest in lands adjacent to the

Outstanding Natural Area acquired by the

United States after May 8, 2008, shall be added

to and administered as part of the Outstanding

Natural Area.

(8) Overights

Nothing in this section or the management plan

shall be construed to—

(A) restrict or preclude overights, including

low level overights, military, commercial, and

general aviation overights that can be seen or

heard within the Outstanding Natural Area;

(B) restrict or preclude the designation or

creation of new units of special use airspace

or the establishment of military ight training

routes over the Outstanding Natural Area; or

overights above the adjacent Monterey Bay

National Marine Sanctuary.

(9) Law enforcement activities

Nothing in this section shall be construed to

preclude or otherwise aect coastal border

security operations or other law enforcement

activities by the Coast Guard or other agencies

within the Department of Homeland Security,

the Department of Justice, or any other Federal,

State, and local law enforcement agencies within

the Outstanding Natural Area.

(10) Native American uses and interests

In recognition of the past use of the Outstanding

Natural Area by Indians and Indian tribes for

traditional cultural and religious purposes, the

Secretary shall ensure access to the Outstanding

Natural Area by Indians and Indian tribes for

such traditional cultural and religious purposes.

In implementing this subsection, the Secretary,

upon the request of an Indian tribe or Indian

religious community, shall temporarily close to

the general public use of one or more specic

portions of the Outstanding Natural Area

in order to protect the privacy of traditional

cultural and religious activities in such areas by

the Indian tribe or Indian religious community.

Any such closure shall be made to aect the

smallest practicable area for the minimum

period necessary for such purposes. Such access

shall be consistent with the purpose and intent

of Public Law 95–341 (42 U.S.C. 1996 et seq.;

commonly referred to as the “American Indian

Religious Freedom Act”).

(11) No buer zones

The designation of the Outstanding Natural

Area is not intended to lead to the creation of

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

protective perimeters or buer zones around

[the] area. The fact that activities outside the

Outstanding Natural Area and not consistent

with the purposes of this section can be seen or

heard within the Outstanding Natural Area shall

not, of itself, preclude such activities or uses up

to the boundary of the Outstanding Natural Area.

(e) Authorization of appropriations

There are authorized to be appropriated such sums

as are necessary to carry out this section.

Jupiter Inlet Lighthouse Outstanding Natural

Area [43 U.S.C. 1787] [(Pub. L. No. 110–229, title II, § 202,

May 8, 2008, 122 Stat. 763].

(a) Denitions

In this section:

(1) Commandant

The term “Commandant” means the

Commandant of the Coast Guard.

(2) Lighthouse

The term “Lighthouse” means the Jupiter Inlet

Lighthouse located in Palm Beach County, Florida.

(3) Local partners

The term “Local Partners” includes—

(A) Palm Beach County, Florida;

(B) the Town of Jupiter, Florida;

(D) the Loxahatchee River Historical Society.

(4) Management plan

The term “management plan” means the

management plan developed under

subsection

(c)(1).

(5) Map

The term “map” means the map entitled “Jupiter

Inlet Lighthouse Outstanding Natural Area” and

dated October 29, 2007.

(6) Outstanding Natural Area

The term “Outstanding Natural Area” means the

Jupiter Inlet Lighthouse Outstanding Natural

Area established by subsection (b)(1).

(7) Public land

The term “public land” has the meaning given

the term “public lands” in section 103(e) of the

Federal Land Policy and Management Act of

1976 (43 U.S.C. 1702(e)).

(8) Secretary

The term “Secretary” means the Secretary of

the Interior.

(9) State

The term “State” means the State of Florida.

(b) Establishment of the Jupiter Inlet

Lighthouse Outstanding Natural Area

(1) Establishment

Subject to valid existing rights, there is

established for the purposes described in

paragraph (2) the Jupiter Inlet Lighthouse

Outstanding Natural Area, the boundaries of

which are depicted on the map.

(2) Purposes

The purposes of the Outstanding Natural

Area are to protect, conserve, and enhance

the unique and nationally important historic,

natural, cultural, scientic, educational, scenic,

and recreational values of the Federal land

surrounding the Lighthouse for the benet of

present generations and future generations of

people in the United States, while—

(A) allowing certain recreational and research

activities to continue in the Outstanding

Natural Area; and

(B) ensuring that Coast Guard operations

and activities are unimpeded within the

boundaries of the Outstanding Natural Area.

(3) Availability of map

The map shall be on le and available for public

inspection in appropriate oces of the Bureau of

Land Management.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(4) Withdrawal

(A) In general

Subject to valid existing rights, subsection

(e), and any existing withdrawals under

the Executive orders and public land order

described in subparagraph (B), the Federal

land and any interests in the Federal land

included in the Outstanding Natural Area are

withdrawn from—

(i) all forms of entry, appropriation, or

disposal under the public land laws;

(ii) location, entry, and patent under the

mining laws; and

(iii) operation of the mineral leasing and

geothermal leasing laws and the mineral

materials laws.

(B) Description of Executive orders

The Executive orders and public land order

described in subparagraph (A) are—

(i) the Executive Order dated October 22, 1854;

(ii) Executive Order No. 4254 (June 12,

1925); and

(iii) Public Land Order No. 7202

(61 Fed. Reg. 29758).

(1) In general

Not later than 3 years after May 8, 2008, the

Secretary, in consultation with the Commandant,

shall develop a comprehensive management

plan in accordance with section 202 of the

Federal Land Policy and Management Act of

1976 (43 U.S.C. 1712) to—

(A) provide long-term management guidance

for the public land in the Outstanding Natural

Area; and

(B) ensure that the Outstanding Natural Area

fullls the purposes for which the Outstanding

Natural Area is established.

(2) Consultation; public participation

The management plan shall be developed—

(A) in consultation with appropriate Federal,

State, county, and local government agencies,

the Commandant, the Local Partners, and

other partners; and

(B) in a manner that ensures full public

participation.

(3) Existing plans

The management plan shall, to the maximum

extent practicable, be consistent with existing

resource plans, policies, and programs.

(4) Inclusions

The management plan shall include—

(A) objectives and provisions to ensure—

(i) the protection and conservation of the

resource values of the Outstanding Natural

Area; and

(ii) the restoration of native plant

communities and estuaries in the Outstanding

Natural Area, with an emphasis on the

conservation and enhancement of healthy,

functioning ecological systems in perpetuity;

(B) objectives and provisions to maintain or

recreate historic structures;

interpretation and public education about

the natural and cultural resources of the

Lighthouse, the public land surrounding the

Lighthouse, and associated structures;

(D) a proposal for administrative and public

facilities to be developed or improved that—

(i) are compatible with achieving the

resource objectives for the Outstanding

Natural Area described in subsection

(d)(1)(A)(ii); and

(ii) would accommodate visitors to the

Outstanding Natural Area;

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

(E) natural and cultural resource management

strategies for the Outstanding Natural Area, to

be developed in consultation with appropriate

departments of the State, the Local Partners,

and the Commandant, with an emphasis on

resource conservation in the Outstanding

Natural Area and the interpretive,

educational, and long-term scientic uses of

the resources; and

(F) recreational use strategies for the

Outstanding Natural Area, to be prepared in

consultation with the Local Partners, appropriate

departments of the State, and the Coast Guard,

with an emphasis on passive recreation.

(5) Interim plan

Until a management plan is adopted for the

Outstanding Natural Area, the Jupiter Inlet

Coordinated Resource Management Plan

(including any updates or amendments to the

Jupiter Inlet Coordinated Resource Management

Plan) shall be in eect.

(d) Management of the Jupiter Inlet Lighthouse

Outstanding Natural Area

(1) Management

(A) In general

The Secretary, in consultation with the Local

Partners and the Commandant, shall manage

the Outstanding Natural Area—

(i) as part of the National Landscape

Conservation System;

(ii) in a manner that conserves, protects,

and enhances the unique and nationally

important historical, natural, cultural,

scientic, educational, scenic, and

recreational values of the Outstanding

Natural Area, including an emphasis on the

restoration of native ecological systems; and

(iii) in accordance with the Federal Land

Policy and Management Act of 1976

(43 U.S.C. 1701 et seq.) and other

applicable laws.

(B) Limitation

In managing the Outstanding Natural Area,

the Secretary shall not take any action that

precludes, prohibits, or otherwise aects the

conduct of ongoing or future Coast Guard

operations or activities on lots 16 and 18, as

depicted on the map.

(2) Uses

Subject to valid existing rights and subsection

(e), the Secretary shall only allow uses of the

Outstanding Natural Area that the Secretary, in

consultation with the Commandant and Local

Partners, determines would likely further the

purposes for which the Outstanding Natural

Area is established.

(3) Cooperative agreements

To facilitate implementation of the management

plan and to continue the successful partnerships

with local communities and other partners, the

Secretary may, in accordance with section 307(b)

of the Federal Land [Policy] and Management

Act of 1976 (43 U.S.C. 1737(b)), enter into

cooperative agreements with the appropriate

Federal, State, county, other local government

agencies, and other partners (including the

Loxahatchee River Historical Society) for the

long-term management of the Outstanding

Natural Area.

(4) Research activities

To continue successful research partnerships,

pursue future research partnerships, and assist

in the development and implementation of

the management plan, the Secretary may, in

accordance with section 307(a) of the Federal

Land Policy and Management Act of 1976

(43 U.S.C. 1737(a)), authorize the conduct

of appropriate research activities in the

Outstanding Natural Area for the purposes

described in subsection (b)(2).

(5) Acquisition of land

(A) In general

Subject to subparagraph (B), the Secretary

may acquire for inclusion in the Outstanding

Natural Area any State or private land or any

interest in State or private land that is—

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(i) adjacent to the Outstanding Natural

Area; and

(ii) identied in the management plan as

appropriate for acquisition.

(B) Means of acquisition

Land or an interest in land may be acquired

under subparagraph (A) only by donation,

exchange, or purchase from a willing seller

with donated or appropriated funds.

Any land or interest in land adjacent to

the Outstanding Natural Area acquired by

the United States after May 8, 2008, under

subparagraph (A) shall be added to, and

administered as part of, the Outstanding

Natural Area.

(6) Law enforcement activities

Nothing in this section, the management plan,

or the Jupiter Inlet Coordinated Resource

Management Plan (including any updates or

amendments to the Jupiter Inlet Coordinated

Resource Management Plan) precludes,

prohibits, or otherwise aects—

(A) any maritime security, maritime safety, or

environmental protection mission or activity of

the Coast Guard;

(B) any border security operation or law

enforcement activity by the Department of

Homeland Security or the Department of

Justice; or

Federal, State, or local law enforcement agency

in the Outstanding Natural Area.

(7) Future disposition of Coast Guard facilities

If the Commandant determines, after May 8,

2008, that Coast Guard facilities within the

Outstanding Natural Area exceed the needs

of the Coast Guard, the Commandant may

relinquish the facilities to the Secretary without

removal, subject only to any environmental

remediation that may be required by law.

(e) Eect on ongoing and future Coast

Guard operations

Nothing in this section, the management plan,

or the Jupiter Inlet Coordinated Resource

Management Plan (including updates or

amendments to the Jupiter Inlet Coordinated

Resource Management Plan) precludes, prohibits,

or otherwise aects ongoing or future Coast Guard

operations or activities in the Outstanding Natural

Area, including—

(1) the continued and future operation of, access

to, maintenance of, and, as may be necessitated

for Coast Guard missions, the expansion,

enhancement, or replacement of, the Coast

Guard High Frequency antenna site on lot 16;

(2) the continued and future operation of, access

to, maintenance of, and, as may be necessitated

for Coast Guard missions, the expansion,

enhancement, or replacement of, the military

family housing area on lot 18;

(3) the continued and future use of, access to,

maintenance of, and, as may be necessitated

for Coast Guard missions, the expansion,

enhancement, or replacement of, the pier on lot 18;

(4) the existing lease of the Jupiter Inlet

Lighthouse on lot 18 from the Coast Guard to the

Loxahatchee River Historical Society; or

(5) any easements or other less-than-fee

interests in property appurtenant to existing

Coast Guard facilities on lots 16 and 18.

(f) Authorization of appropriations

There are authorized to be appropriated such sums

as are necessary to carry out this section.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

TITLE VII

EFFECT ON EXISTING RIGHTS; REPEAL

OF EXISTING LAWS; SEVERABILITY

the Alaska Native Claims Settlement Act

(85 Stat. 688, as amended; 43 U.S.C. 1601 et seq.).

(f) Nothing in this Act shall be deemed to repeal

any existing law by implication.

(g) Nothing in this Act shall be construed as

limiting or restricting the power and authority of

the United States or–

(1) as aecting in any way any law governing

appropriation or use of, or Federal right to, water

on public lands;

(2) as expanding or diminishing Federal or State

jurisdiction, responsibility, interests, or rights in

water resources development or control;

(3) as displacing, superseding, limiting, or

modifying any interstate compact or the

jurisdiction or responsibility of any legally

established joint or common agency of two or

more States or of two or more States and the

Federal Government;

(4) as superseding, modifying, or repealing,

except as specically set forth in this Act, existing

laws applicable to the various Federal agencies

which are authorized to develop or participate

in the development of water resources or to

exercise licensing or regulatory functions in

relation thereto;

(5) as modifying the terms of any interstate

compact; or

(6) as a limitation upon any State criminal statute

or upon the police power of the respective

Eect on Existing Rights

Sec. 701 [43 U.S.C. 1701 note].

(a) Nothing in this Act, or in any amendment made

by this Act, shall be construed as terminating any

valid lease, permit, patent, right-of-way, or other

land use right or authorization existing on the date

of approval of this Act.

(b) Notwithstanding any provision of this Act,

in the event of conict with or inconsistency

between this Act and the Acts of August 28, 1937

(50 Stat. 874; 43 U.S.C. 1181a-1181j), and May 24,

1939 (53 Stat. 753), insofar as they relate to

management of timber resources, and disposition

of revenues from lands and resources, the latter

Acts shall prevail.

and designations in eect as of the date of

approval of this Act shall remain in full force and

eect until modied under the provisions of this

Act or other applicable law.

(d) Nothing in this Act, or in any amendments

made by this Act, shall be construed as permitting

any person to place, or allow to be placed, spent

oil shale, overburden, or byproducts from the

recovery of other minerals found with oil shale, on

any Federal land other than Federal land which has

been leased for the recovery of shale oil under the

Act of February 25, 1920 (41 Stat. 437, as amended;

30 U.S.C. 181 et seq.).

(e) Nothing in this Act shall be construed as

modifying, revoking, or changing any provision of

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

States, or as derogating the authority of a local

police ocer in the performance of [his or her]

duties, or as depriving any State or political

subdivision thereof of any right it may have to

exercise civil and criminal jurisdiction on the

national resource lands; or as amending, limiting,

or infringing the existing laws providing grants

of lands to the States.

(h) All actions by the Secretary concerned under

this Act shall be subject to valid existing rights.

(i) The adequacy of reports required by this Act to

be submitted to the Congress or its committees

shall not be subject to judicial review.

(j) Nothing in this Act shall be construed as

aecting the distribution of livestock grazing

revenues to local governments under the Granger-

Thye Act (64 Stat. 85, 16 U.S.C. 580h), under the Act

of May 23, 1908 (35 Stat. 260, as amended;

16 U.S.C. 500), under the Act of March 4, 1913

(37 Stat. 843, as amended; 16 U.S.C. 501), and

under the Act of June 20, 1910 (36 Stat. 557).

Repeal of Laws Relating to

Homesteading and Small Tracts

Sec. 702. Eective on and after the date of approval

of this Act, the following statutes or parts of statutes

are repealed except the eective date shall be

on and after the tenth anniversary of the date of

approval of this Act insofar as the listed homestead

laws apply to public lands in Alaska:

Act of Chapter Section

Statute

at Large 43 U.S. Code

1. Homesteads:

Revised Statute 2289 161, 171.

Mar. 3, 1891 561 5 26:1097 161, 162.

Revised Statute 2290 162.

Revised Statute 2295 163.

Revised Statute 2291 164.

June 6, 1912 153 37:123 164, 169, 218

May 14, 1880 89 21:141 166, 185, 202,

223.

June 6, 1900 821 31:683 166, 223.

Aug. 9, 1912 280 37:267

Apr. 6, 1914 51 38:312 167.

Mar. 1, 1921 90 41:1193

Act of Chapter Section

Statute

at Large 43 U.S. Code

Oct. 17, 1914 325 38:740 168.

Revised Statute 2297 169.

Mar. 31, 1881 153 21:511

Oct. 22, 1914 335 38:766 170.

Revised Statute 2292 171.

June 8, 1880 136 21:166 172.

Revised Statute 2301 173.

Mar. 3, 1891 561 6 26:1098

June 3, 1896 312 2 29:197

Revised Statute 2288 174.

Mar. 3, 1891 561 3 26:1097

Mar. 3, 1905 1424 36:991

Revised Statute 2296 175.

Apr. 28, 1922 155 42:502

May 17, 1900 479 1 31:179 179.

Jan. 26, 1901 180 31:740 180.

Sept. 5, 1914 294 38:712 182.

Revised Statute 2300 183.

Aug. 31, 1918 166 8 40:957

Sept. 13, 1918 173 40:960

Revised Statute 2302 184, 201.

July 26, 1892 251 27:270 185.

Feb. 14, 1920 76 41:434 186.

Jan. 21, 1922 32 42:358

Dec. 28, 1922 19 42:1067

June 12, 1930 471 46:580

Feb. 25, 1925 326 43:081 187.

June 21, 1934 690 48:1185 187a.

May 22, 1902 821 2 32:203 187b.

June 5, 1900 716 31:270 188, 217.

Mar. 3, 1875 131 15 18:420 189.

July 4, 1884 180 Only last

paragraph

of sec. 1.

23: 96 190.

Mar. 1, 1933 160 47:1418 190a.

The following words only: “Provided, That no further allotments of lands to

Indians on the public domain shall be made in San Juan County, Utah, nor

shall further Indian homesteads be made in said county under the Act of

July 4, 1884 (23 Stat. 96; U.S.C. title 48, sec. 190).”

Revised Statutes

2310, 2311

191.

June 13, 1902 1080 32:384 203.

Mar. 3, 1879 191 20:472 204.

July 1, 1879 60 21:46 205.

May 6, 1886 88 24:22 206.

Aug. 21, 1916 361 39:518 207.

June 3, 1924 240 43:357 208.

Revised Statute 2298 211.

Aug. 30, 1890 837 26:391 212.

The following words only: “No person who shall after the passage of this

act, enter upon any of the public lands with a view to occupation, entry or

settlement under any of the land laws shall be permitted to acquire title

to more than three hundred and twenty acres in the aggregate, under all

of said laws, but this limitation shall not operate to curtail the right of any

person who has heretofore made entry or settlement on the public lands, or

whose occupation, entry or settlement, is validated by this act:”

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

Act of Chapter Section

Statute

at Large 43 U.S. Code

Mar. 3, 1891 561 17 26:1101

The following words only: “and that the provision of ‘An Act making

appropriations for sundry civil expenses of the Government for the scal

year ending June thirtieth, eighteen hundred and ninety-one, and for other

purposes,’ which reads as follows, viz: ‘No person who shall after the passage

of this act enter upon any of the public lands with a view to occupation,

entry or settlement under any of the land laws shall be permitted to acquire

title to more than three hundred and twenty acres in the aggregate under

all said laws,’ shall be construed to include in the maximum amount of lands

the title to which is permitted to be acquired by one person only agricultural

lands and not to include lands entered or sought to be entered under

mineral land laws.”

Apr. 28, 1904 1776 33:527 213.

Aug. 3, 1950 521 64:398

Mar. 2, 1889 381 6 25:854 214.

Feb. 20, 1917 98 39:925 215.

Mar. 4, 1921 162 1 41:1433 216.

Feb. 19, 1909 160 35:639 218.

June 13, 1912 166 37:132

Mar. 3, 1915 84 38:953

Mar. 3, 1915 91 38:957

Mar. 4, 1915 150 2 38:1163

July 3, 1916 220 39:344

Feb. 11, 1913 39 37:666 218, 219.

June 17, 1910 298 36:531 219.

Mar. 3, 1915 91 38:957

Sept. 5, 1916 440 39:724

Aug. 10, 1917 52 10 40:275

Mar. 4, 1915 150 1 38:1162 220.

Mar. 4, 1923 245 1 42:1445 222.

Apr. 28, 1904 1801 33:547 224.

Mar. 2, 1907 2527 34:1224

May 29, 1908 220 7 35:466

Aug. 24, 1912 371 37:499

Aug. 22, 1914 270 38:704 231.

Feb. 25, 1919 21 40:1153

July 3, 1916 214 39:341 232.

Sept. 29, 1919 64 41:288 233.

Apr. 6, 1922 122 42:491 233, 272, 273.

Mar. 2, 1889 381 3 25:854 234.

Dec. 29, 1894 14 28:599

July 1, 1879 63 1 21:48 235.

Dec. 20, 1917 6 40:430 236.

July 24, 1919 126 Next

to last

paragraph

only.

41:271 237.

Mar. 2, 1932 69 47:59 237a.

May 21, 1934 320 48:787 237b.

May 22, 1935 135 49:286 237c.

Aug. 19, 1935 560 49:659 237d.

Mar. 31, 1938 57 52:149

Apr. 20, 1936 239 49:1235 237e

July 30, 1956 778 1, 2, 4 70:715 237f,g,h.

Mar. 1, 1921 102 41:1202 238.

Apr. 7, 1922 125 42:492

Act of Chapter Section

Statute

at Large 43 U.S. Code

Revised Statute 2308 239.

June 16, 1898 458 30:473 240.

Aug. 29, 1916 420 39:671

Apr. 7, 1930 108 46:144 243.

Mar. 3, 1933 198 47:1424 243a.

Mar. 3, 1879 192 20:472 251.

Mar. 2, 1889 381 7 25:855 252.

June 3, 1878 152 20:91 253.

Revised Statute 2294 254.

May 26, 1890 355 26:121

Mar. 11, 1902 182 32:63

Mar. 4, 1904 394 33:59

Feb. 23, 1923 105 42:1281

Revised Statute 2293 255.

Oct. 6, 1917 86 40:391

Mar. 4, 1913 149 Only last

paragraph

of section

headed

“Public

Land

Service.”

37:925 256.

May 13, 1932 178 47:153 256a.

June 16, 1933 99 48:274

June 26, 1935 419 49:504

June 16, 1937 361 50:303

Aug. 27, 1935 770 49:909 256b.

Sept. 30, 1890 J. Res. 59 26:684 261.

June 16, 1880 244 21:287 263.

Apr. 18, 1904 25 33:589

Revised Statute 2304 271.

Mar. 1, 1901 674 31:847 271, 272.

Revised Statute 2305 272.

Feb. 25, 1919 37 40:1161 272a.

Dec. 28, 1922 19 42:1067

Revised Statute 2306 274.

Mar. 3, 1893 208 27:593 275.

The following words only: “And provided further: That where soldier’s

additional homestead entries have been made or initiated upon certicate

of the Commissioner of the General Land Oce of the right to make such

entry, and there is no adverse claimant, and such certicate is found

erroneous or invalid for any cause, the purchaser thereunder, on making

proof of such purchase, may perfect [his or her] title by payment of the

Government price for the land: but no person shall be permitted to acquire

more than one hundred and sixty acres of public land through the location

of any such certicate.”

Aug. 18, 1894 301 Only last

paragraph

of section

headed

“Surveying

the Public

Lands.”

28:397 276.

Revised Statute 2309 277.

Revised Statute 2307 278.

Sept. 21, 1922 357 42:990

Sept. 27, 1944 421 58:747 279-283.

June 25, 1946 474 60:308 279.

May 31, 1947 88 61:123 279, 280, 282.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Act of Chapter Section

Statute

at Large 43 U.S. Code

June 18, 1954 306 68:253 279, 282.

June 3, 1948 399 62:305 283, 284.

Dec. 29, 1916 9 1-8 39:862 291-298.

Feb. 28, 1931 328 46:1454 291.

June 9, 1933 53 48:119 291.

June 6, 1924 274 46:469 292.

Oct. 25, 1918 195 40:1016 293.

Sept. 29, 1919 63 41:287 294, 295.

Mar. 4, 1923 245 2 42:1445 302.

Aug. 21, 1916 361 39:518 1075.

Aug. 28, 1937 876 3 50:875 1181c.

2. Small tracts:

June 1, 1938 317 52:609 682a-e.

June 8, 1954 270 68:239

July 14, 1945 298 59: 467

Repeal of Laws Related to Disposal

Sec. 703.

(a) Eective on and after the tenth anniversary of

the date of approval of this Act, the statutes and

parts of statutes listed below as “Alaska Settlement

Laws,” and eective on and after the date of

approval of this Act, the remainder of the following

statutes and parts of statutes are hereby repealed:

Act of Chapter Section

Statute

at Large 43 U.S. Code

1. Sale and Disposal Laws:

Mar. 3, 1891 561 9 26:1099 671

Revised Statute 2354 673.

Revised Statute 2355 674.

May 18, 1898 344 2 30:418 675.

Revised Statute 2365 676.

Revised Statute 2357 678.

June 15, 1880 277 3, 4 21:238 679-680.

Mar. 2, 1889 381 4 25:854 681.

Mar. 1, 1907 2286 34:1052 682.

Revised Statute 2361 688.

Revised Statute 2362 689.

Revised Statute 2363 690.

Revised Statute 2368 691.

Revised Statute 2366 692.

Revised Statute 2369 693.

Revised Statute 2370 694.

Revised Statute 2371 695.

Revised Statute 2374 696.

Revised Statute 2372 697.

Act of Chapter Section

Statute

at Large 43 U.S. Code

Feb. 24, 1909 181 35:645

May 21, 1926 353 The 2

provisos

only.

44:591

Revised Statute 2375 698.

Revised Statute 2376 699.

Mar. 2, 1889 381 1 25:854 700.

2. Townsite Reservation and Sale:

Revised Statute 2380 711.

Revised Statute 2381 712.

Revised Statute 2382 713.

Aug. 24, 1954 904 68:792

Revised Statute 2383 714.

Revised Statute 2384 715.

Revised Statute 2386 717.

Revised Statute 2387 718.

Revised Statute 2388 719.

Revised Statute 2389 720.

Revised Statute 2391 721.

Revised Statute 2392 722.

Revised Statute 2393 723.

Revised Statute 2394 724.

Mar. 3, 1877 113 1, 3, 4 19:392 725-727.

Mar. 3, 1891 561 16 26:1101 728.

July 9, 1914 138 38:454 730.

Feb. 9, 1903 531 32:850 731.

3. Drainage Under State Laws:

May 20, 1908 181 1-7 35:171 1021-1027.

Mar. 3, 1919 113 40:1321 1028.

May 1, 1958 P.L. 85-

387

72:99 1029-1034.

Jan. 17, 1920 47 41:392 1041-1048.

4. Abandoned Military Reservation:

July 5, 1884 214 5 23:104 1074.

Aug. 21, 1916 316 39:518 1075.

Mar. 3, 1893 208 27:593 1076.

The following words only: “Provided, That the President is hereby authorized

by proclamation to withhold from sale and grant for public use to the

municipal corporation in which the same is situated all or any portion of any

abandoned military reservation not exceeding twenty acres in one place.”

Aug. 23, 1894 314 23:491 1077, 1078.

Feb. 11, 1903 543 32:822 1079.

Feb. 15, 1895 92 28:664 1080, 1077.

Apr. 23, 1904 1496 33:306 1081.

5. Public Lands; Oklahoma:

May 2, 1890 182 Last

paragraph

of sec. 18

and secs.

20, 21, 22,

24, 27.

26:90 1091-1094,

1096, 1097.

Mar. 3, 1891 543 16 26:1026 1098.

Aug. 7, 1946 772 1, 2 60:872 1100-1101.

Aug. 3, 1955 498 1-8 69:445 1102-1102g.

May 14, 1890 207 26:109 1111-1117.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

Act of Chapter Section

Statute

at Large 43 U.S. Code

Sept. 1, 1893 J. Res. 4 28:11 1118.

May 11, 1896 168 1, 2 29:116 1119.

Jan. 18, 1897 62 1-3, 5, 7 29:490 1131-1134.

June 23, 1897 8 30:105

Mar. 1, 1899 328 30:966

6. Sales of Isolated Tracts:

Revised Statute 2455 1171.

Feb. 26, 1895 133 28:687

June 27, 1906 3554 34:517

Mar. 28, 1912 67 37:77

Mar. 9, 1928 164 45:253

June 28, 1934 865 14 48:1274

July 30, 1947 383 61:630

Apr. 24, 1928 428 45:457 1171a.

May 23, 1930 313 46:377 1171b.

Feb. 4, 1919 13 40:1055 1172.

May 10, 1920 178 41:595 1173.

Aug. 11, 1921 62 42:159 1175.

May 19, 1926 337 44:566 1176.

Feb. 14, 1931 170 46:1105 1777.

7. Alaska Special Laws:

Mar. 3, 1891 561 11 26:1099 732.

May 25, 1926 379 44:629 733-736.

May 29, 1963 P.L.

88-34

77:52

July 24, 1947 305 61:414 738.

Aug. 17, 1961 P.L. 87-

147

75:384 270-13.

Oct. 3, 1962 P.L. 87-

742

76:740

July 19, 1963 P.L.

86-66

77:80 687b-5.

May 14, 1898 299 1 30:409 270.

Mar. 3, 1903 1002 32:1028

Apr. 29, 1950 137 1 64:94

Aug. 3, 1955 496 69:444 270, 687a-2.

Apr. 29, 1950 137 2-5 64:95 270-5, 260-6,

270-7, 687a-1.

July 11, 1956 571 2 70:529 270-7.

July 8, 1916 228 39:352 270-8, 270-9.

June 28, 1918 110 40:632 270-10, 270-14.

July 11, 1956 571 1 70:528

8. Alaska Settlement Laws:

Mar. 8, 1922 96 1 42:415 270-11.

Aug. 23, 1958 P.L. 85-

725

1, 4 72:730

Apr. 13, 1926 121 44:243 270-15.

Apr. 29, 1950 134 3 64:93 270-16, 270-17.

May 14, 1898 299 10 30:413 270-4, 687a to

687a-5.

Mar. 3, 1927 323 44:1364

May 26, 1934 357 48:809

Aug. 23, 1958 P.L. 85-

725

3 72:730

Act of Chapter Section

Statute

at Large 43 U.S. Code

Mar. 3, 1891 561 13 26:1100 687a-6.

Aug. 30, 1949 521 63:679 687b to 687b-4.

9. Pittman Underground Water Act:

Sept. 22, 1922 400 42:1012 356

[43 U.S.C. 270–12, 270–12 note] Eective on and after the

tenth anniversary of the date of approval of this Act,

section 2 of the Act of March 8, 1922 (42 Stat. 415,

416), as amended by section 2 of the Act of August

23, 1958 (72 Stat. 730), is further amended to read:

“The coal, oil, or gas deposits reserved to the

United States in accordance with the Act of March 8,

1922 (42 Stat. 415; 43 U.S.C. 270–11 et seq.), as

added to by the Act of August 17, 1961 (75 Stat. 384;

43 U.S.C. 270–13), and amended by the Act of

October 3, 1962 (76 Stat. 740; 43 U.S.C. 270–13),

shall be subject to disposal by the United States

in accordance with the provisions of the laws

applicable to coal, oil, or gas deposits or coal, oil,

or gas lands in Alaska in force at the time of such

disposal. Any person qualied to acquire coal, oil,

or gas deposits, or the right to mine or remove

the coal or to drill for and remove the oil or gas

under the laws of the United States shall have the

right at all times to enter upon the lands patented

under the Act of March 8, 1922, as amended,

and in accordance with the provisions hereof, for

the purpose of prospecting for coal, oil, or gas

therein, upon the approval by the Secretary of the

Interior of a bond or undertaking to be led with

[the Secretary] as security for the payment of all

damages to the crops and improvements on such

lands by reason of such prospecting. Any person

who has acquired from the United States the

coal, oil, or gas deposits in any such land, or the

right to mine, drill for, or remove the same, may

reenter and occupy so much of the surface thereof

incident to the mining and removal of the coal, oil,

or gas therefrom, and mine and remove the coal

or drill for and remove oil and gas upon payment

of the damages caused thereby to the owner

thereof, or upon giving a good and sucient

bond or undertaking in an action instituted in any

competent court to ascertain and x said damages:

Provided, That the owner under such limited patent

shall have the right to mine the coal for use on the

land for domestic purposes at any time prior to the

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

disposal by the United States of the coal deposits:

Provided further, That nothing in this Act shall be

construed as authorizing the exploration upon or

entry of any coal deposits withdrawn from such

exploration and purchase.”

(d) Section 3 of the Act of August 30, 1949

(63 Stat. 679; 43 U.S.C. 687b et seq.), [43 U.S.C. 687b-2]

is amended to read:

“Notwithstanding the provisions of any Act

of Congress to the contrary, any person who

prospects for, mines, or removes any minerals

from any land disposed of under the Act of August

30, 1949 (63 Stat. 679), shall be liable for any

damage that may be caused to the value of the

land and tangible improvements thereon by such

prospecting for, mining, or removal of minerals.

Nothing in this section shall be construed to impair

any vested right in existence on August 30, 1949.”

Repeal of Withdrawal Laws

Sec. 704.

(a) Eective on and after the date of approval of

this Act, the implied authority of the President to

make withdrawals and reservations resulting from

acquiescence of the Congress (U.S. v. Midwest Oil

Co., 236 U.S. 459) and the following statutes and

parts of statutes are repealed:

Act of Chapter Section

Statute

at Large 43 U.S. Code

Oct. 2, 1888 1069 25:527 662.

Only the following portion under the section headed U.S. Geological survey:

The last sentence of the paragraph relating to investigation of irrigable

lands in the arid region, including the proviso at the end thereof.

Mar. 3, 1891 561 24 26:1103 16 U.S.C. 471.

Mar. 1, 1893 183 21 27:510 33 U.S.C. 681.

Aug. 18, 1894 301 4 28:422 641.

Only that portion of the rst sentence of the second paragraph beginning with

“and the Secretary of the Interior” and ending with “shall not be approved.”

May 14, 1898 299 10 30:413 687a-4.

Only the fth proviso of the rst paragraph.

June 17, 1902 1093 3 32:388 416.

Only that portion of section three preceding the rst proviso.

Apr. 16, 1906 1631 1 34:116 561.

Only the words “withdraw from public entry any lands needed for townsite

purposes”, and also after the word “case”, the word “and”.

June 27, 1906 3559 4 34:520 561.

Only the words “withdraw and”.

Act of Chapter Section

Statute

at Large 43 U.S. Code

Mar. 15, 1910 96 36:237 643.

June 25, 1910 421 1, 2 36:847 141, 142, 16

U.S.C. 471(a).

All except the second and third provisos.

June 25, 1910 431 13 36:858 148.

Mar. 12, 1914 37 1 38:305 975b.

Only that portion which authorizes the President to withdraw, locate, and

dispose of lands for townsites.

Oct. 5, 1914 316 1 38:727 569(a).

June 9, 1916 137 2 39:219

Under “Class One,” only the words “withdrawal and.”

Dec. 29, 1916 9 10 39:865 300.

June 7, 1924 348 9 43:655 16 U.S.C. 471.

Aug. 19, 1935 561 “Sec. 4” 49:661 22 U.S.C. 277c.

In “Sec. 4”, only paragraph “c” except the proviso thereof.

Mar. 3, 1927 299 4 44:1347 25 U.S.C. 398d.

Only the proviso thereof.

May 24, 1928 729 4 45:729 49 U.S.C. 214.

Dec. 21, 1928 42 9 45:1063 617h.

Mar. 6, 1946 58 69:36 617h.

First sentence only.

June 16, 1934 557 “Sec. 40(a)” 48:977 30 U.S.C. 229a.

The proviso only.

May 1, 1936 254 2 49:1250

May 31, 1938 304 52:593 25 U.S.C. 497.

July 20, 1939 334 53:1071 16 U.S.C. 471b.

May 28, 1940 220 1 54:224 16 U.S.C. 552a.

All except the second proviso.

Apr. 11, 1956 203 8 70:110 620g.

Only the words “and to withdraw public lands from entry or other

disposition under the public land laws.”

Aug. 10, 1956 Chapter

949

9772 70A:588 10 U.S.C. 4472,

9772.

Aug. 16, 1952 P.L. 87-

590

4 76:389 616c.

Only the words “and to withdraw public lands from entry or other

disposition under the public land laws.”

(b) The second sentence of the Act of March 6,

1946 (60 Stat. 36; 43 U.S.C. 617(h)), [43 U.S.C. 617h] is

amended by deleting “Thereafter, at the direction

of the Secretary of the Interior, such lands” and by

substituting therefor the following: “Lands found

to be practicable of irrigation and reclamation by

irrigation works and withdrawn under the Act of

March 6, 1946 (43 U.S.C. 617(h)).”

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

Repeal of Law Relating to

Administration of Public Lands

Sec. 705.

(a) Eective on and after the date of approval of

this Act, the following statutes or parts of statutes

are repealed:

Act of Chapter Section

Statute

at Large 43 U.S. Code

1. Mar. 2, 1895 174 28:744 176.

2. June 28, 1934 865 8 48:1272 315g.

June 26, 1936 842 3 49:1976,

title I.

June 19, 1948 548 1 62:533

July 9, 1962 P.L. 87-

524

76:140 315g-1.

3. Aug. 24, 1937 744 50:748 315p.

4. Mar. 3, 1909 271 2d proviso

only.

35:845 772.

June 25, 1910 J. Res.

36:884

5. June 21, 1934 689 48:1185 871a.

6. Revised Statute

2447

1151.

Revised Statute

2448

1152.

7. June 6, 1874 223 18:62 1153; 1154.

8. Jan. 28, 1879 30 20:274 1155.

9. May 30, 1894 87 28:84 1156.

10. Revised Statute

2471

1191.

Revised Statute

2472

1192.

Revised Statute

2473

1193.

11. July 14, 1960 P.L. 86-

649

101-

202(a),

203-

204(a),

301-303.

74:506 1361, 1362,

1363-1383.

12. Sept. 26, 1970 P.L. 91-

429

84:885 1362a.

13. July 31, 1939 401 1, 2 53:1144

Repeal of Laws Relating to

Rights-of-Way

Sec. 706.

(a) Eective on and after the date of approval of

this Act, R.S. 2477 (43 U.S.C. 932) is repealed in

its entirety and the following statutes or parts of

statutes are repealed insofar as they apply to the

issuance of rights-of-way over, upon, under, and

through the public lands and lands in the National

Forest System:

Act of Chapter Section

Statute

at Large 43 U.S. Code

Revised Statutes

2339

661.

The following words only: “and the right-of-way for the construction of

ditches and canals for the purpose herein specied is acknowledged and

conrmed: but whenever any person, in the construction of any ditch

or canal, injures or damages the possession of any settler on the public

domain, the party committing such injury or damages shall be liable to the

party injured for such injury or damage.”

Revised Statutes

2340

661.

The following words only: “, or rights to ditches and reservoirs used in

connection with such water rights,”

Feb. 26, 1897 335 29:599 664.

Mar. 3, 1899 427 1 30:1233 665, 958, (16

U.S.C. 525).

The following words only: “that in the form provided by existing law the

Secretary of the Interior may le and approve surveys and plots of any

right-of-way for a wagon road, railroad, or other highway over and across

any forest reservation or reservoirs site when in [the Secretary’s] judgment

the public interests will not be injuriously aected thereby.”

Mar. 3, 1975 152 18:482 934-939.

May 14, 1898 299 2-9 30:409 942-1 to 942-9.

Feb. 27, 1901 614 31:815 943.

June 26, 1906 3548 34:481 944.

Mar. 3, 1891 561 18-21 26:1101 946-949.

Mar. 4, 1917 184 1 39:1197

May 28, 1926 409 44:668

Mar 1, 1921 93 41:1194 950.

Jan. 13, 1897 11 20:484 952-955.

Mar. 3, 1923 219 42:1437

Jan. 21, 1895 37 28:635 951, 956, 957.

May 14, 1896 179 29:120

May 11, 1898 292 30:404

Mar. 4, 1917 184 2 39:1197

Feb. 15, 1901 372 31:790 959 (16 U.S.C.

79, 522).

Mar. 4, 1911 238 36:1253 951 (16 U.S.C. 5,

420, 523).

Only the last two paragraphs under the subheading “Improvement of the

National Forests” under the hea[d]ing “Forest Service.”

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Act of Chapter Section

Statute

at Large 43 U.S. Code

May 27, 1952 338 66:95

May 21, 1896 212 29:127 962-965.

Apr. 12, 1910 155 36:296 966-970.

June 4, 1897 2 1 30:35 16 U.S.C. 551.

Only the eleventh paragraph under Surveying the public lands.

July 22, 1937 517 31, 32 50:525 7 U.S.C. 1010-

1012.

Sept. 3, 1954 1255 1 68:1146 931c.

July 7, 1960 Public

Law 86-

608

74:363 40 U.S.C. 345c.

Oct. 23, 1962 Public

Law 87-

852

1-3 76:1129 40 U.S.C. 319-

319c.

Feb. 1, 1905 288 4 33:628 16 U.S.C. 524.

(b) Nothing in section 706(a), [43 U.S.C. 1701

note] except as it pertains to rights-of-way, may

be construed as aecting the authority of the

Secretary of Agriculture under the Act of June 4,

1897 (30 Stat. 35, as amended, 16 U.S.C. 551); the

Act of July 22, 1937 (50 Stat. 525, as amended,

7 U.S.C. 1010–1212); or the Act of September 3,

1954 (68 Stat. 1146, 43 U.S.C. 931c).

Severability

Sec. 707 [43 U.S.C. 1701 note]. If any provision of this

Act or the application thereof is held invalid, the

remainder of the Act and the application thereof

shall not be aected thereby.

Approved October 21, 1976.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 94–1163 accompanying H.R.

13777 (Comm. on Interior and

Insular Aairs) and No. 94–1724

(Comm. of Conference).

SENATE REPORT: No. 94–583 (Comm. on Interior

and Insular Aairs).

CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 23, 25, considered and passed Senate.

July 22, considered and passed House,

amended, in lieu of H.R. 13777.

Sept. 30, House agreed to conference report.

Oct. 1, Senate agreed to conference report.

PL 94-579, 1976 S 507

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

APPENDIX A

Perhaps in recognition of the importance of the

Act, particularly to the western States and because

of its complex origins, the Senate Committee on

Energy and Natural Resources in 1978 published

a committee print, Legislative History of the

Federal Land Policy and Management Act of 1976.

Prefacing the document is a memorandum in which

Senator Henry M. Jackson, Chairman, summarizes

for fellow committee members the background and

need for the Act. He concludes with this statement:

The Federal Land Policy and Management Act of

1976 represents a landmark achievement in the

management of the public lands of the United

States. For the rst time in the long history of the

public lands, one law provides comprehensive

authority and guidelines for the administration

and protection of the Federal lands and their

resources under the jurisdiction of the Bureau of

Land Management. This law enunciates a Federal

policy of retention of these lands for multiple use

management and repeals many obsolete public

land laws which heretofore hindered eective

land use planning for and management of public

lands. The policies contained in the Federal

Land Policy and Management Act will shape

the future development and conservation of a

valuable national asset, our public lands.

A Capsule Examination of the

Legislative History of the Federal

Land Policy and Management Act

of 1976

Eleanor R. Schwartz*

Reprinted with permission of the publisher.

This article originally appeared in Arizona Law

Review, vol. 21, no. 2, pp. 285-300.

The “organic act” originally proposed by the

Administration in 1971 for the Bureau of Land

Management (BLM) was a relatively simple

document.

The proposed legislation would have

repealed several hundred outdated and duplicative

laws, provided BLM with broad policy guidelines

and management tools, and given BLM disposal

and enforcement authority. However, by the time

the Federal Land Policy and Management Act was

passed in 1976, it had become a lengthy, complex

document, much more than an organic act.

addition to broad management guidelines and

authority, the Federal Land Policy and Management

Act (FLPMA) provides legislative direction to

numerous specic interests and areas

of management.

______________________________________

* Chief, Oce of Legislation and Regulatory Management, Bureau of Land Management, Department of the Interior. B.A. 1931, Hunter

College; J.D. 1937, New York University. Member of the New York Bar.

See S. 2401, 92d Cong., 1st Sess., 117 CONG. REC. 28956, 28957 (1971).

See 43 U.S. C. §§ 1701-1782 (9176).

SENATE COMMITTEE ON ENERGY & NATURAL RESOURCES, 95TH CONG., 2D SESS., LEGISLATIVE HISTORY OF THE FEDERAL LAND POLICY AND MANAGEMENT

ACT OF 1976 (1978).

Id. at vi.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Much has been written about the signicance of

the Federal Land Policy and Management Act, its

meaning and impact, and its relationship to the

report, One Third of the Nation’s Land, issued in

June 1970 by the Public Land Law Review Commission.

This Article will discuss briey the legislative history

of the policies and provisions set forth in the Act.

Curiously, recreation was the subject of the rst

piece of public land legislation that might be

considered a predecessor of FLPMA. In February

1970, Senators Jackson and Moss introduced into the

91st Congress a bill designed to improve outdoor

recreation activities on the public lands administered

by the Bureau of Land Management. The bill, S. 3389,

was passed by the Senate on October 7, 1970,

about

four months after the report by the Public Land

Law Review Commission was released. The Senate

committee’s report on S. 3389 acknowledged that

the bill embodied some of the recommendations

made by the Public Land Law Review Commission.

The report identied needs of the public lands and

shortcomings of management:

Years of neglect have created many problems

on the public lands administered by the Bureau

of Land Management. Lack of regulations and

enforcement authority have resulted in wanton

vandalism and destruction of resources. Lack of

sanitation facilities has created health hazards.

Littering, overuse, and neglect have created

unsightly blights on the landscape. Lack of

public access has locked up millions of acres of

public land for the private use of but a few, and

many outstanding hunting, shing, and other

recreation opportunities are not available. As a

result of the lack of enforcement authority and

interpretive and restoration work, irreplaceable

archeological values have been lost.

S. 3389 recognized that the public lands

administered by BLM are vital national assets that

contain a wide variety of natural resource values,

including outdoor recreation value, which should be

developed and administered “for multiple use and

sustained yield of the several products obtainable

therefrom for the maximum benet of the general

public.”

The bill contained a denition of multiple

use,

which in substantial parts is the same as the

denition in FLPMA,

and a denition of sustained

yield

also quite similar to that in FLPMA.

S. 3389 would have given the Secretary of the

Interior the authority to acquire lands or interests

necessary to provide access by the general public

to public lands for outdoor recreational purposes. It

also would have authorized allocation of Land and

Water Conservation Fund money for this purpose.

Of more interest perhaps is the fact that S. 3389

would have provided comprehensive enforcement

authority to the Bureau of Land Management. It

made violations of public land laws and regulations

of the Secretary relating to the protection of the

public lands a violation punishable by a ne of

not more than $500 or imprisonment for not more

than six months or both.

It also provided that the

Secretary could authorize BLM personnel to make

arrests for violations of laws and regulations.

No action was taken on S. 3389 by the House of

Representatives.

______________________________________

S. 3389, 91st Cong., 2d Sess., 116 CONG. REC. 35401 (1970).

S. REP. No. 91-1256, 91st Cong., 2d Sess. 2 (1970).

S. 3389, 91st Cong., 2d Sess. § 2, 116 CONG. REC. 35401 (1970).

Id. § 3 (b), 116 CONG. REC. at 35402.

43 U.S.C. § 1702(c) (1976).

S. 3389, 91st Cong., 2d Sess § 3(c), 116 CONG. REC. 35401, 35402 (1970).

43 U.S.C. § 1702(h) (1976).

S. 3389, 91st Cong., 2d Sess § 4(b), 116 CONG. REC. 35401, 35402 (1970).

Id. § 5, 116 CONG. REC. at 35402.

Id. § 6, 116 CONG. REC. at 35402.

Public Law 94–579—October 21, 1976, as amended through December 19, 2014

In the 92d Congress, the Interior and Insular Aairs

Committees of both the House and the Senate

reported out bills relating to the management of

the public lands. The Senate committee had before

it two bills: Senators Jackson, Anderson, Cranston,

Hart, Humphrey, Magnuson, Metcalf, and Nelson

co-sponsored a bill, S. 921, “[t]o provide for the

protection, development, and enhancement of the

public lands, to provide for the development of

federally-owned minerals, and for other purposes.”

At the same time, Senators Jackson and Allott

co-sponsored at the Administration’s request S. 2401

“[to provide for the management, protection and

development of the national resource lands, and for

other purposes.”

As its title indicated, S. 921 addressed not only

the management of the public lands but also the

disposal of federally-owned minerals. Title II of that

bill would have been cited as the “Federal Land

Mineral Leasing Act of 1971.” It would have replaced

and repealed both the Mining Law of 1872 and

the Mineral Leasing Act of 1920, as well as several

other mineral-related laws. Since S. 2401 was the

Administration’s proposal it will be described in

somewhat more detail than other forerunners of

FLPMA. This fuller analysis will aord a basis for

comparison between what the Administration

sought as an organic act for the Bureau of Land

Management and what Congress nally enacted.

S. 2401 had a short two-paragraph declaration of

congressional policy: (1) that the national interest

would best be served by retaining the national

resource lands in federal ownership except where

the Secretary of the Interior determined that

disposal of particular tracts was consistent with

the purposes, terms, and conditions of the Act, and

(2) that the lands be managed under principles of

multiple use and sustained yield in a manner

which would, “using all practicable means and

measures,” protect the environmental quality of

those lands to assure their continued value for

present and future generations.

The bill prohibited the use, occupancy, or

development of the national resource lands contrary

to any regulation issued by the Secretary or to any

order issued under a regulation.

S. 2401 also

specied that an inventory of all national resource

lands and their resources be maintained and that

priority be given to areas of critical environmental

concern.

Development and maintenance of land

use plans would be required and management

of the lands would be in accordance with these

plans. Specic guidelines were provided. These

included, among others, a requirement for land

reclamation as a condition of use and revocation

of permits upon violation of secretarial regulations

or state and federal air or water quality standards

and implementation plans. Also included was a

requirement for prompt development of

regulations for the protection of areas of critical

environmental concern.

Another provision of S. 2401 authorized the

Secretary to sell public lands if [he or she] found

that the sale would lead to signicant improvement

in the management of national resource lands or if

[the Secretary] found that it would serve important

public objectives which could not be achieved

prudently and feasibly on land other than national

resource lands. Sales were to be made at not less

than fair market value.

Generally, conveyances of

title were to reserve minerals to the United States,

together with the right to develop them. However,

______________________________________

S. 921, 92d Cong., 1st Sess., 117 CONG. REC. 3558-61 (1971).

S. 2401, 92d Cong., 1st Sess., 117 CONG. REC. 28956 (1971). S. 2401 referred to the lands administered by the Bureau of Land

Management as “national resource lands.” This term was being used at the time by the Bureau and the Department of the Interior in an eort

to establish a more representative and mission-oriented identication for the lands than the less specic expression “public lands.”

S. 2401, 92d Cong., 1st Sess. § 3 (1971).

Id. § 4.

Id. § 5.

Id. § 7.

Id. § 8.

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

the Secretary could grant full fee title if [he or she]

found there were no minerals on the land or that

reservation of mineral rights would interfere with

or preclude development of the land and that such

development was a more benecial use of the land

than mineral development. The Secretary would

also have been required to insert in document

of conveyance terms and conditions [he or she]

considered necessary to insure proper land use,

environmental integrity, and protection of the public

interest. In the event an area which the Secretary

identied as an area of critical environmental

concern was conveyed out of federal ownership,

the Secretary would be required to provide for the

continued protection of the area in the patent or