The Federal Land Management and Policy Act of 1976 (43 U.S.C. 1701)

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[Document not affected by Public Laws enacted between
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[CITE: 43USC1701]

TITLE 43--PUBLIC LANDS

CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER I--GENERAL PROVISIONS

Sec. 1701. Congressional declaration of policy

(a) The Congress declares that it is the policy of the United States
that--
(1) the public lands be retained in Federal ownership, unless as
a result of the land use planning procedure provided for in this
Act, it is determined that disposal of a particular parcel will
serve the national interest;
(2) the national interest will be best realized if the public
lands and their resources are periodically and systematically
inventoried and their present and future use is projected through a
land use planning process coordinated with other Federal and State
planning efforts;
(3) public lands not previously designated for any specific use
and all existing classifications of public lands that were effected
by executive action or statute before October 21, 1976, be reviewed
in accordance with the provisions of this Act;
(4) the Congress exercise its constitutional authority to
withdraw or otherwise designate or dedicate Federal lands for
specified purposes and that Congress delineate the extent to which
the Executive may withdraw lands without legislative action;
(5) in administering public land statutes and exercising
discretionary authority granted by them, the Secretary be required
to establish comprehensive rules and regulations after considering
the views of the general public; and to structure adjudication
procedures to assure adequate third party participation, objective
administrative review of initial decisions, and expeditious
decisionmaking;
(6) judicial review of public land adjudication decisions be
provided by law;
(7) goals and objectives be established by law as guidelines for
public land use planning, and that management be on the basis of
multiple use and sustained yield unless otherwise specified by law;
(8) the public lands be managed in a manner that will protect
the quality of scientific, scenic, historical, ecological,
environmental, air and atmospheric, water resource, and
archeological values; that, where appropriate, will preserve and
protect certain public lands in their natural condition; that will
provide food and habitat for fish and wildlife and domestic animals;
and that will provide for outdoor recreation and human occupancy and
use;
(9) the United States receive fair market value of the use of
the public lands and their resources unless otherwise provided for
by statute;
(10) uniform procedures for any disposal of public land,
acquisition of non-Federal land for public purposes, and the
exchange of such lands be established by statute, requiring each
disposal, acquisition, and exchange to be consistent with the
prescribed mission of the department or agency involved, and
reserving to the Congress review of disposals in excess of a
specified acreage;
(11) regulations and plans for the protection of public land
areas of critical environmental concern be promptly developed;
(12) the public lands be managed in a manner which recognizes
the Nation's need for domestic sources of minerals, food, timber,
and fiber from the public lands including implementation of the
Mining and Minerals Policy Act of 1970 (84 Stat. 1876, 30 U.S.C.
21a) as it pertains to the public lands; and
(13) the Federal Government should, on a basis equitable to both
the Federal and local taxpayer, provide for payments to compensate
States and local governments for burdens created as a result of the
immunity of Federal lands from State and local taxation.

(b) The policies of this Act shall become effective only as specific
statutory authority for their implementation is enacted by this Act or
by subsequent legislation and shall then be construed as supplemental to
and not in derogation of the purposes for which public lands are
administered under other provisions of law.

(Pub. L. 94-579, title I, Sec. 102, Oct. 21, 1976, 90 Stat. 2744.)

References in Text

This Act, referred to in subsecs. (a)(1), (3) and (b), is Pub. L.
94-579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal
Land Policy and Management Act of 1976. For complete classification of
this Act to the Code, see Tables.
The Mining and Minerals Policy Act of 1970, referred to in subsec.
(a)(12), is Pub. L. 91-631, Dec. 31, 1970, 84 Stat. 1876, which is
classified to section 21a of Title 30, Mineral Lands and Mining.

Short Title of 1988 Amendment

Pub. L. 100-409, Sec. 1, Aug. 20, 1988, 102 Stat. 1086, provided
that: ``This Act [enacting section 1723 of this title, amending section
1716 of this title and sections 505a, 505b, and 521b of Title 16,
Conservation, and enacting provisions set out as notes under sections
751 and 1716 of this title] may be cited as the `Federal Land Exchange
Facilitation Act of 1988'.''

Short Title

Section 101 of Pub. L. 94-579 provided that: ``This Act [enacting
this chapter and amending and repealing numerous other laws, which for
complete classification, see Tables] may be cited as the `Federal Land
Policy and Management Act of 1976'.''

Savings Provision

Section 701 of Pub. L. 94-579 provided that:
``(a) Nothing in this Act, or in any amendment made by this Act [see
Short Title note above], shall be construed as terminating any valid
lease, permit, patent, right-of-way, or other land use right or
authorization existing on the date of approval of this Act [Oct. 21,
1976].
``(b) Notwithstanding any provision of this Act, in the event of
conflict with or inconsistency between this Act and the Acts of August
28, 1937 (50 Stat. 874; 43 U.S.C. 1181a-1181j) and May 24, 1939 (53
Stat. 753), insofar as they relate to management of timber resources,
and disposition of revenues from lands and resources, the latter Acts
shall prevail.
``(c) All withdrawals, reservations, classifications, and
designations in effect as of the date of approval of this Act shall
remain in full force and effect until modified under the provisions of
this Act or other applicable law.
``(d) Nothing in this Act, or in any amendments made by this Act,
shall be construed as permitting any person to place, or allow to be
placed, spent oil shale, overburden, or byproducts from the recovery of
other minerals found with oil shale, on any Federal land other than
Federal land which has been leased for the recovery of shale oil under
the Act of February 25, 1920 (41 Stat. 437, as amended; 30 U.S.C. 181 et
seq.).
``(e) Nothing in this Act shall be construed as modifying, revoking,
or changing any provision of the Alaska Native Claims Settlement Act (85
Stat. 688, as amended; 43 U.S.C. 1601 et seq.).
``(f) Nothing in this Act shall be deemed to repeal any existing law
by implication.
``(g) Nothing in this Act shall be construed as limiting or
restricting the power and authority of the United States or--
``(1) as affecting in any way any law governing appropriation or
use of, or Federal right to, water on public lands;
``(2) as expanding or diminishing Federal or State jurisdiction,
responsibility, interests, or rights in water resources development
or control;
``(3) as displacing, superseding, limiting, or modifying any
interstate compact or the jurisdiction or responsibility of any
legally established joint or common agency of two or more States or
of two or more States and the Federal Government;
``(4) as superseding, modifying, or repealing, except as
specifically set forth in this Act, existing laws applicable to the
various Federal agencies which are authorized to develop or
participate in the development of water resources or to exercise
licensing or regulatory functions in relation thereto;
``(5) as modifying the terms of any interstate compact;
``(6) as a limitation upon any State criminal statute or upon
the police power of the respective States, or as derogating the
authority of a local police officer in the performance of his
duties, or as depriving any State or political subdivision thereof
of any right it may have to exercise civil and criminal jurisdiction
on the national resource lands; or as amending, limiting, or
infringing the existing laws providing grants of lands to the
States.
``(h) All actions by the Secretary concerned under this Act shall be
subject to valid existing rights.
``(i) The adequacy of reports required by this Act to be submitted
to the Congress or its committees shall not be subject to judicial
review.
``(j) Nothing in this Act shall be construed as affecting the
distribution of livestock grazing revenues to local governments under
the Granger-Thye Act (64 Stat. 85, 16 U.S.C. 580h), under the Act of May
23, 1908 (35 Stat. 260, as amended; 16 U.S.C. 500), under the Act of
March 4, 1913 (37 Stat. 843, as amended; 16 U.S.C. 501), and under the
Act of June 20, 1910 (36 Stat. 557).''

Severability

Section 707 of Pub. L. 94-579 provided that: ``If any provision of
this Act [see Short Title note set out above] or the application thereof
is held invalid, the remainder of the Act and the application thereof
shall not be affected thereby.''

Agency-Wide Joint Permitting and Leasing Programs

Pub. L. 106-291, title III, Sec. 330, Oct. 11, 2000, 114 Stat. 996,
provided that: ``In fiscal years 2001 through 2005, the Secretaries of
the Interior and Agriculture may pilot test agency-wide joint permitting
and leasing programs, subject to annual review of Congress, and
promulgate special rules as needed to test the feasibility of issuing
unified permits, applications, and leases. The Secretaries of the
Interior and Agriculture may make reciprocal delegations of their
respective authorities, duties and responsibilities in support of the
`Service First' initiative agency-wide to promote customer service and
efficiency. Nothing herein shall alter, expand or limit the
applicability of any public law or regulation to lands administered by
the Bureau of Land Management or the Forest Service.''

Existing Rights-of-Way

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