Federal Land Policy and Management Act of 1976

The Federal Land Policy and Management Act of 1976,

as amended, is the Bureau of Land Management

"organic act"

that establishes the agency's multiple-use mandate

to serve present and future generations.

Copies of this publication are available from:

Bureau of Land Management

Printed Materials Distribution Services

P.O. Box 25047

Denver, Colorado 80225-0047

303-236-7637

Stock #P-141

Index # BLM/WO/GI-01-002

The Federal Land Policy and

Management Act of 1976

As Amended

Compiled by

U.S. Department of the Interior

Bureau of Land Management

and

Office of the Solicitor

Washington, D.C

October 2001

The Arizona Law Review article, “Eleanor Schwartz, A Capsule Examination of the Legislative
History of the Federal Land Policy and Management Act (FLPMA) of 1976, 21 ARIZ. L. Rev. 285
(1979),” is reprinted by permission. Copyright © 1979 by the Arizona Board of Regents.

This publication may be cited as follows:
U.S. Department of the Interior, Bureau of Land Management and Office of the Solicitor (editors).
2001. The Federal Land Policy and Management Act, as amended. U.S. Department of the Interior,
Bureau of Land Management Office of Public Affairs, Washington, D.C. 69 pp.

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 manage­
ment, 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 [italics in original],

Editor’s Note
This version of FLPMA was created and updated to include all sections of
the Act as originally passed by Congress in 1976; consequently, it is more
inclusive and annotated than most. In the text, additions have been italicized
and deletions have been removed. Editor’s notes are in a different, smaller
font, and are framed by brackets “[ ].”
This document was prepared by the Bureau of Land Management and the
Office of the Solicitor. 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
official United States Code if there is any doubt about the accuracy of the
information contained herein.

iv ———— Federal Land Policy and Management Act of 1976

TABLE OF CONTENTS
FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

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

TITLE I—SHORT TITLE; POLICIES; DEFINITIONS

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

Sec. 102. Declaration of policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1

Sec. 103. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2

TITLE II— LAND USE PLANNING; LAND ACQUISITION AND DISPOSITION

Sec. 201. Inventory and identification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Sec. 202. Land use planning. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4

Sec. 203. Sales. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6

Sec. 204. Withdrawals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

Sec. 205. Acquisitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10

Sec. 206. Exchanges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11

Sec. 207. Qualified conveyees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

Sec. 208. Conveyances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14

Sec. 209. Reservation and conveyance of mineral interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

Sec. 210. Coordination with State and local governments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

Sec. 211. Omitted lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15

Sec. 212. Recreation and Public Purposes Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16

Sec. 213. National forest townsites. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

Sec. 214. Unintentional Trespass Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17

TITLE III— ADMINISTRATION

Sec. 301. BLM directorate and functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Sec. 302. Management of use, occupancy, and development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20

Sec. 303. Enforcement authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22

Sec. 304. Service charges and reimbursements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23

Sec. 305. Deposits and forfeitures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24

Sec. 306. Working capital fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24

Sec. 307. Studies, cooperative agreements, and contributions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Sec. 308. Contracts for surveys and resource protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Sec. 309. Advisory councils and public participation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25

Sec. 310. Rules and regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Sec. 311. Program report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Sec. 312. Search and rescue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26

Sec. 313. Sunshine in government. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

Sec. 314. Recordation of mining claims and abandonment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27

Sec. 315. Recordable disclaimers of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

Sec. 316. Correction of conveyance documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

Sec. 317. Mineral revenues. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28

Sec. 318. Appropriation authorization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30

TITLE IV— RANGE MANAGEMENT

Sec. 401. Grazing fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31

Sec. 402. Grazing leases and permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32

Sec. 403. Grazing advisory boards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33

Sec. 404. Management of certain horses and burros. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— v

TITLE V—RIGHTS-OF-WAY

Sec. 501. Authorization to grant rights-of-way. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35

Sec. 502. Cost-share road authorization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37

Sec. 503. Corridors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

Sec. 504. General provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38

Sec. 505. Terms and conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Sec. 506. Suspension and termination of rights-of-way. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40

Sec. 507. Rights-of-way for Federal agencies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41

Sec. 508. Conveyance of lands. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41

Sec. 509. Existing rights-of-way. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41

Sec. 510. Effect on other laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41

Sec. 511. Coordination of applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42

TITLE VI— DESIGNATED MANAGEMENT AREAS

Sec. 601. California desert conservation area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43

Sec. 602. King range. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

Sec. 603. Bureau of land management wilderness study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44

43 U.S.C. 1783. Yaquina Head Outstanding Natural Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45

43 U.S.C. 1784. Lands in Alaska; designation as wilderness; management by Bureau of Land

Management pending congressional action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47

43 U.S.C. 1785. Fossil Forest Research Natural Area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47

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

Sec. 701. Effect on existing rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49

Sec. 702. Repeal of laws relating to homesteading and small tracts. . . . . . . . . . . . . . . . . . . . . . . . . . . .50

Sec. 703. Repeal of laws related to disposal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52

Sec. 704. Repeal of withdrawal laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54

Sec. 705. Repeal of laws relating to administration of public lands. . . . . . . . . . . . . . . . . . . . . . . . . . . .56

Sec. 706. Repeal of laws relating to rights-of-way. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56

Sec. 707. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57

Remembering Eleanor Schwartz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58

A Capsule Examination of the Legislative History of the Federal Land Policy and

Management Act of 1976 by Eleanor R. Schwartz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59

TITLE I

SHORT TITLE,

DECLARATION OF POLICY, AND

DEFINITIONS

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”.

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 own­
ership, 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 periodical­
ly 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 the date of enactment of this Act
be reviewed in accordance with the provisions of
this Act;
(4) the Congress exercise its constitutional
authority to 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 comprehen­
sive rules and regulations after considering the

views of the general public; and to structure adju­
dication procedures to assure adequate third party
participation, objective administrative review of
initial decisions, and expeditious decision making;
(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 condi­
tion; 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

2 ———— Federal Land Policy and Management Act of 1976

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 effec­
tive only as specific statutory authority for their
implementation is enacted by this Act or by subse­
quent legislation and shall then be construed as
supplemental to and not in derogation of the pur­
poses for which public lands are administered
under other provisions of law.

DEFINITIONS
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, fish and wildlife resources or
other natural systems or processes, or to protect
life and safety from natural hazards.
(b) The term “holder” means any State or local
governmental entity, individual, partnership, cor­
poration, association, or other business entity
receiving or using a right-of-way under title V of
this Act.
(c) The term “multiple use” means the manage­
ment of the public lands and their various resource
values so that they are utilized in the combination
that will best meet the present and future needs of
the American people; making the most judicious
use of the land for some or all of these resources
or related services over areas large enough to provide sufficient latitude for periodic adjustments in

use to conform to changing needs and conditions;
the use of some land for less than all of the
resources; a combination of balanced and diverse
resource uses that takes into account the long-term
needs of future generations for renewable and nonrenewable resources, including, but not limited to,
recreation, range, timber, minerals, watershed,
wildlife and fish, and natural scenic, scientific and
historical values; and harmonious and coordinated
management of the various resources without per­
manent impairment of the productivity of the land
and the quality of the environment with considera­
tion being given to the relative values of the
resources and not necessarily to the combination
of uses that will give the greatest economic return
or the greatest unit output.
(d) The term “public involvement” means the
opportunity for participation by affected citizens in
rule making, decision making, and planning with
respect to the public lands, including public meet­
ings or hearings held at locations near the affected
lands, or advisory mechanisms, or such other pro­
cedures as may be necessary to provide public
comment in a particular instance.
(e) The term “public lands” means any land and
interest in land owned by the United States within
the several States and administered by the
Secretary of the Interior through the Bureau of
Land Management, without regard to how the
United States acquired ownership, except–
(1) lands located on the Outer Continental
Shelf; and
(2) lands held for the benefit of Indians, Aleuts,
and Eskimos.
(f) The term “right-of-way” includes an ease­
ment, 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 specifically des­
ignated 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.

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 3

(i) The term “wilderness” as used in section 603
shall have the same meaning as it does in section
2(c) of the Wilderness Act (78 Stat. 890; 16 U.S.C.
1131–1136).

(3) contains such other provisions relating to
livestock grazing and other objectives found by
the Secretary concerned to be consistent with the
provisions of this Act and other applicable law.

(j) The term “withdrawal” means withholding an
area of Federal land from settlement, sale, loca­
tion, 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 juris­
diction 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.

(1) The term “principal or major uses” includes,
and is limited to, domestic livestock grazing, fish
and wildlife development and utilization, mineral
exploration and production, rights-of-way, outdoor
recreation, and timber production.

(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:

(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.

(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

(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.

(2) describes the type, location, ownership, and
general specifications for the range improvements
to be installed and maintained on the lands to meet
the livestock grazing and other objectives of land
management; and

[The term “sixteen contiguous Western States,” where changed by
P.L. 95-514, 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 P.L. 95-514 and found in sections 401(b)(1), 402(a) and
403(a).]

TITLE II

LAND USE PLANNING; LAND ACQUISITION

AND DISPOSITION

INVENTORY AND
IDENTIFICATION
Sec. 201. [43 U.S.C. 1711] (a) The Secretary shall prepare and maintain on a continuing basis an inven­
tory of all public lands and their resource and
other values (including, but not limited to, outdoor
recreation and scenic values), giving priority to
areas of critical environmental concern. This
inventory shall be kept current so as to reflect
changes in conditions and to identify new and
emerging resource and other values. The prepara­
tion and maintenance of such inventory or the
identification of such areas shall not, of itself,
change or prevent change of the management or
use of public lands.
(b) As funds and manpower are made available,
the Secretary shall ascertain the boundaries of the
public lands; provide means of public identifica­
tion thereof including, where appropriate, signs
and maps; and provide State and local govern­
ments 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 PLANNING
Sec. 202. [43 U.S.C. 1712] (a) 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 pre­
viously have been classified, withdrawn, set aside,
or otherwise designated for one or more uses.
(b) 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 manage­
ment programs of and for Indian tribes by, among
other things, considering the policies of approval
tribal land resource management programs.
(c) In the development and revision of land use
plans, the Secretary shall–
(1) use and observe the principles of multiple
use and sustained yield set forth in this and other
applicable law;
(2) use a systematic interdisciplinary approach
to achieve integrated consideration of physical,
biological, economic, and other sciences;
(3) give priority to the designation and protec­
tion of areas of critical environmental concern;
(4) rely, to the extent it is available, on the
inventory of the public lands, their resources, and
other values;
(5) consider present and potential uses of the
public lands;
(6) consider the relative scarcity of the values
involved and the availability of alternative means
(including recycling) and sites for realization of
those values;
(7) weigh long-term benefits to the public
against short-term benefits;
(8) provide for compliance with applicable pol­
lution 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 gov­
erning the administration of the public lands, coor­
dinate the land use inventory, planning, and man­
agement 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

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 5

lands are located, including, but not limited to, the
statewide outdoor recreation plans developed
under the Act of September 3, 1964 (78 Stat. 897),
as amended [16 U.S.C. 460l–4 et seq. note], and of or for
Indian tribes by, among other things, considering
the policies of approved State and tribal land
resource management programs. In implementing
this directive, the Secretary shall, to the extent he
finds practical, keep apprised of State, local, and
tribal land use plans; assure that consideration is
given to those State, local, and tribal plans that are
germane in the development of land use plans for
public lands; assist in resolving, to the extent prac­
tical, inconsistencies between Federal and nonFederal Government plans, and shall provide for
meaningful public involvement of State and local
government officials, both elected and appointed,
in the development of land use programs, land use
regulations, and land use decisions for public
lands, including early public notice of proposed
decisions which may have a significant impact on
non-Federal lands. Such officials in each State are
authorized to furnish advice to the Secretary with
respect to the development and revision of land
use plans, land use guidelines, land use rules, and
land use regulations for the public lands within
such State and with respect to such other land use
matters as may be referred to them by him. Land
use plans of the Secretary under this section shall
be consistent with State and local plans to the
maximum extent he finds consistent with Federal
law and the purposes of this Act.
(d) Any classification of public lands or any land
use plan in effect on the date of enactment of this
Act is subject to review in the land use planning
process conducted under this section, and all pub­
lic lands, regardless of classification, are subject to
inclusion in any land use plan developed pursuant
to this section. The Secretary may modify or ter­
minate any such classification consistent with such
land use plans.
(e) The Secretary may issue management deci­
sions to implement land use plans developed or
revised under this section in accordance with the
following:
(1) Such decisions, including but not limited to
exclusions (that is, total elimination) of one or

more of the principal or major uses made by a
management decision shall remain subject to
reconsideration, modification, and termination
through revision by the Secretary or his delegate,
under the provisions of this section, of the land use
plan involved.
(2) Any management decision or action pur­
suant 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 (exclu­
sive of days on which either House has adjourned
for more than three consecutive days), the
Congress adopts a concurrent resolution of nonap­
proval of the management decision or action, then
the management decision or action shall be
promptly terminated by the Secretary. If the com­
mittee to which a resolution has been referred dur­
ing 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 manage­
ment 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 lim­
ited to not more than one hour, to be divided
equally between those favoring and those oppos­
ing 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 dis­
charge is agreed to or disagreed to, the motion
may not be made with respect to any other resolu­
tion with respect to the same management decision
or action. When the committee has reprinted, or
has been discharged from further consideration
of a resolution, it shall at any time thereafter be
in order (even though a previous motion to the
same effect has been disagreed to) to move to pro­
ceed to the consideration of the resolution. The
motion shall be highly privileged and shall not be

6 ———— Federal Land Policy and Management Act of 1976

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 manage­
ment 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 depart­
ment, bureau, or agency only by withdrawal action
pursuant to section 204 or other action pursuant to
applicable law: Provided, That nothing in this sec­
tion shall prevent a wholly owned Government
corporation from acquiring and holding rights as a
citizen under the Mining Law of 1872.
(f) The Secretary shall allow an opportunity for
public involvement and by regulation shall estab­
lish procedures, including public hearings where
appropriate, to give Federal, State, and local gov­
ernments 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
Sec. 203. [43 U.S.C. 1713] (a) A tract of the public
lands (except land in units of the National
Wilderness Preservation System, National Wild
and Scenic Rivers Systems, and National System
of Trails) may be sold under this Act where, as a
result of land use planning required under section
202 of this Act, the Secretary determines that the
sale of such tract meets the following disposal cri­
teria:
(1) such tract because of its location or other
characteristics is difficult and uneconomic to manage as part of the public lands, and is not suitable
for management by another Federal department or
agency; or
(2) such tract was acquired for a specific pur­
pose and the tract is no longer required for that or
any other Federal purpose; or
(3) disposal of such tract will serve important
public objectives, including but not limited to,
expansion of communities and economic develop­
ment, which cannot be achieved prudently or fea­

sibly 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) Where the Secretary determines that land to
be conveyed under clause (3) of subsection (a) of
this section is of agricultural value and is desert in
character, such land shall be conveyed either under
the sale authority of this section or in accordance
with other existing law.
(c) Where a tract of the public lands in excess of
two thousand five hundred acres has been desig­
nated 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 sub­
mitted 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 peri­
od, 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 considera­
tion 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 lim­
ited to not more than one hour, to be divided
equally between those favoring and those oppos­
ing 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 dis­
charge is agreed to or disagreed to, the motion
may not be made with respect to any other resolu­
tion with respect to the same designation. When
the committee has reprinted, or has been dis­
charged from further consideration of a resolution,
it shall at any time thereafter be in order (even
though a previous motion to the same effect has
been disagreed to) to move to proceed to the

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 7

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 dis­
agreed to.

day period. Prior to the expiration of such periods
the Secretary may refuse to accept any offer or
may withdraw any land or interest in land from
sale under this section when he determines that
consummation of the sale would not be consistent
with this Act or other applicable law.

(d) Sales of public lands shall be made at a price
not less than their fair market value as determined
by the Secretary.

WITHDRAWALS

(e) The Secretary shall determine and establish
the size of tracts of public lands to be sold on the
basis of the land use capabilities and development
requirements of the lands; and, where any such
tract which is judged by the Secretary to be chiefly
valuable for agriculture is sold, its size shall be no
larger than necessary to support a family-sized
farm.
(f) Sales of public lands under this section shall
be conducted under competitive bidding proce­
dures 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, includ­
ing but not limited to, a preference to users, he
may sell those lands with modified competitive
bidding or without competitive bidding. In recog­
nizing public policies, the Secretary shall give
consideration to the following potential pur­
chasers:
(1) the State in which the land is located;
(2) the local government entities in such State
which are in the vicinity of the land;
(3) adjoining landowners;
(4) individuals; and
(5) any other person.
(g) The Secretary shall accept or reject, in writ­
ing, any offer to purchase made through competi­
tive bidding at his invitation no later than thirty
days after the receipt of such offer or, in the case
of a tract in excess of two thousand five hundred
acres, at the end of thirty days after the end of the
ninety-day period provided in subsection (c) of
this section, whichever is later, unless the offeror
waives his right to a decision within such thirty-

Sec. 204. [43 U.S.C. 1714] (a) On and after the effec­
tive date of this Act the Secretary is authorized to
make, modify, extend, or revoke withdrawals but
only in accordance with the provisions and limita­
tions of this section. The Secretary may delegate
this withdrawal authority only to individuals in the
Office of the Secretary who have been appointed
by the President, by and with the advice and consent of the Senate.
(b) (1) Within thirty days of receipt of an appli­
cation for withdrawal, and whenever he proposes a
withdrawal on his own motion, the Secretary shall
publish a notice in the Federal Register stating that
the application has been submitted for filing or the
proposal has been made and the extent to which
the land is to be segregated while the application is
being considered by the Secretary. Upon publica­
tion of such notice the land shall be segregated
from the operation of the public land laws to the
extent specified in the notice. The segregative
effect of the application shall terminate upon (a)
rejection of the application by the Secretary, (b)
withdrawal of lands by the Secretary, or (c) the
expiration of two years from the date of the notice.
(2) The publication provisions of this subsection
are not applicable to withdrawals under subsection
(e) hereof.
(c) (1) On and after the dates of approval of this
Act a withdrawal aggregating five thousand acres
or more may be made (or such a withdrawal or
any other withdrawal involving in the aggregate
five thousand acres or more which terminates after
such date of approval may be extended) only for a
period of not more than twenty years by the
Secretary on his own motion or upon request by a
department or agency head. The Secretary shall
notify both Houses of Congress of such a with­
drawal no later than its effective date and the with­
drawal shall terminate and become ineffective at

8 ———— Federal Land Policy and Management Act of 1976

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 with­
drawal 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 refer­
ral, it shall be in order to either discharge the com­
mittee from further consideration of such resolu­
tion or to discharge the committee from considera­
tion of any other resolution with respect to the
Presidential recommendation. A motion to dis­
charge may be made only by an individual favor­
ing the resolution, shall be highly privileged
(except that it may not be made after the committee has reported such a resolution), and debate
thereon shall be limited to not more than one hour,
to be divided equally between those favoring and
those opposing the resolution. An amendment to
the motion shall not be in order, and it shall not be
in order to move to reconsider the vote by which
the motion was agreed to or disagreed to. If the
motion to discharge is agreed to or disagreed to,
the motion may not be made with respect to any
other resolution with respect to the same
Presidential recommendation. When the committee
has reprinted, or has been discharged from further
consideration of a resolution, it shall at any time
thereafter be in order (even though a previous
motion to the same effect has been disagreed to) to
move to proceed to the consideration of the resolu­
tion. The motion shall be highly privileged and
shall not be debatable. An amendment to the
motion shall not be in order, and it shall not be in
order to move to reconsider the vote by which the
motion was agreed to or disagreed to.
(2) With the notices required by subsection (c)
(1) of this section and within three months after
filing the notice under subsection (e) of this sec­
tion, the Secretary shall furnish to the committees–
(1) a clear explanation of the proposed use of
the land involved which led to the withdrawal;
(2) an inventory and evaluation of the current
natural resource uses and values of the site and

adjacent public and nonpublic land and how it
appears they will be affected by the proposed use,
including particularly aspects of use that might
cause degradation of the environment, and also the
economic impact of the change in use on individu­
als, local communities, and the Nation;
(3) an identification of present users of the land
involved, and how they will be affected by the
proposed use;
(4) an analysis of the manner in which existing
and potential resource uses are incompatible with
or in conflict with the proposed use, together with
a statement of the provisions to be made for con­
tinuation or termination of existing uses, including
an economic analysis of such continuation or ter­
mination;
(5) an analysis of the manner in which such
lands will be used in relation to the specific
requirements for the proposed use;
(6) a statement as to whether any suitable alternative sites are available (including cost estimates)
for the proposed use or for uses such a withdrawal
would displace;
(7) a statement of the consultation which has
been or will be had with other Federal departments
and agencies, with regional, State, and local gov­
ernment bodies, and with other appropriate indi­
viduals and groups;
(8) a statement indicating the effect of the proposed uses, if any, on State and local government
interests and the regional economy;
(9) a statement of the expected length of time
needed for the withdrawal;
(10) the time and place of hearings and of other
public involvement concerning such withdrawal;
(11) the place where the records on the with­
drawal can be examined by interested parties; and
(12) a report prepared by a qualified mining
engineer, engineering geologist, or geologist which
shall include but not be limited to information on:
general geology, known mineral deposits, past and
present mineral production, mining claims, miner­
al leases, evaluation of future mineral potential,
present and potential market demands.

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 9

(d) A withdrawal aggregating less than five thousand acres may be made under this subsection by
the Secretary on his own motion or upon request
by a department or an agency head–
(1) for such period of time as he deems desir­
able for a resource use; or
(2) for a period of not more than twenty years
for any other use, including but not limited to use
for administrative sites, location of facilities, and
other proprietary purposes; or
(3) for a period of not more than five years to
preserve such tract for a specific use then under
consideration by the Congress.
(e) 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 [P.L. 103-437, 1994]
notifies the Secretary, that an emergency situation
exists and that extraordinary measures must be
taken to preserve values that would otherwise be
lost, the Secretary notwithstanding the provisions
of subsections (c) (1) and (d) of this section, shall
immediately make a withdrawal and file notice of
such emergency withdrawal with both of those
Committees [P.L. 103-437, 1994]. Such emergency with­
drawal shall be effective when made but shall last
only for a period not to exceed three years and
may not be extended except under the provisions
of subsection (c) (1) or (d), whichever is applica­
ble, and (b) (1) of this section. The information
required in subsection (c) (2) of this subsection
shall be furnished the committees within three
months after filing such notice.
(f) All withdrawals and extensions thereof,
whether made prior to or after approval of this
Act, having a specific period shall be reviewed by
the Secretary toward the end of the withdrawal
period and may be extended or further extended
only upon compliance with the provisions of subsection (c) (1) or (d), whichever is applicable, and
only if the Secretary determines that the purpose
for which the withdrawal was first made requires
the extension, and then only for a period no longer
than the length of the 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.
[P.L. 103-437, 1994]

(g) All applications for withdrawal pending on
the date of approval of this Act shall be processed
and adjudicated to conclusion within fifteen years
of the date of approval of this Act, in accordance
with the provisions of this section. The segregative
effect of any application not so processed shall ter­
minate on that date.
(h) All new withdrawals made by the Secretary
under this section (except an emergency withdraw­
al made under subsection (e) of this section) shall
be promulgated after an opportunity for a public
hearing.
(i) In the case of lands under the administration
of any department or agency other than the
Department of the Interior, the Secretary shall
make, modify, and revoke withdrawals only with
the consent of the head of the department or
agency concerned, except when the provisions of
subsection (e) of this section apply.
(j) The Secretary shall not make, modify, or
revoke any withdrawal created by Act of
Congress; make a withdrawal which can be made
only by Act of Congress; modify or revoke any
withdrawal creating national monuments under the
Act of June 8, 1906 (34 Stat. 225; 16 U.S.C.
431–433); or modify, or revoke any withdrawal
which added lands to the National Wildlife Refuge
System prior to the date of approval of this Act or
which thereafter adds lands to that System under
the terms of this Act. Nothing in this Act is intend­
ed to modify or change any provision of the Act of
February 27, 1976 (90 Stat. 199; 16 U.S.C. 668dd
(a)).
(k) There is hereby authorized to be appropriated
the sum of $10,000,000 for the purpose of pro­
cessing withdrawal applications pending on the
effective date of this Act, to be available until
expended.
(l) (1) The Secretary shall, within fifteen years
of the date of enactment of this Act, review with­
drawals existing on the date of approval of this
Act, in the States of Arizona, California, Colorado,
Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, and Wyoming of (1) all Federal
lands other than withdrawals of the public lands

10 ———— Federal Land Policy and Management Act of 1976

administered by the Bureau of Land Management
and of lands which, on the date of approval of this
Act, were part of Indian reservations and other
Indian holdings, the National Forest System, the
National Park System, the National Wildlife
Refuge 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 adminis­
tered by the Bureau of Land Management and of
lands in the National Forest System (except those
in wilderness areas, and those areas formally iden­
tified as primitive or natural areas or designated as
national recreation areas) which closed the lands
to appropriation under the Mining Law of 1872
(17 Stat. 91, as amended; 30 U.S.C. 22 et seq.) or
to leasing under the Mineral Leasing Act of 1920
(41 Stat. 437, as amended; 30 U.S.C. 181 et seq.).
(2) In the review required by paragraph (1) of
this subsection, the Secretary shall determine
whether, and for how long, the continuation of the
existing withdrawal of the lands would be, in his
judgment, consistent with the statutory objectives
of the programs for which the lands were dedicat­
ed and of the other relevant programs. The
Secretary shall report his recommendations to the
President, together with statements of concurrence
or nonconcurrence submitted by the heads of the
departments or agencies which administer the
lands. The President shall transmit this report to
the President of the Senate and the Speaker of the
House of Representatives, together with his rec­
ommendations 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 sub­
mitted 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 refer­
ral, it shall be in order to either discharge the

committee from further consideration of such reso­
lution or to discharge the committee from consid­
eration of any other resolution with respect to the
Presidential recommendation. A motion to dis­
charge may be made only by an individual favor­
ing the resolution, shall be highly privileged
(except that it may not be made after the committee has reported such a resolution), and debate
thereon shall be limited to not more than one hour,
to be divided equally between those favoring and
those opposing the resolution. An amendment to
the motion shall not be in order, and it shall not be
in order to move to reconsider the vote by which
the motion was agreed to or disagreed to. If the
motion to discharge is agreed to or disagreed to,
the motion may not be made with respect to any
other resolution with respect to the same
Presidential recommendation. When the committee
has reprinted, or has been discharged from further
consideration of a resolution, it shall at any time
thereafter be in order (even though a previous
motion to the same effect has been disagreed to) to
move to proceed to the consideration of the resolu­
tion. The motion shall be highly privileged and
shall not be debatable. An amendment to the
motion shall not be in order, and it shall not be in
order to move to reconsider the vote by which the
motion was agreed to or disagreed to.
(3) There are hereby authorized to be appropri­
ated 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
Sec. 205. [43 U.S.C. 1715] (a) 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, dona­
tion, 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 pub­
lic lands, and then only if the lands so acquired are

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 11

confined to as narrow a corridor as is necessary to
serve such purpose. Nothing in this subsection
shall be construed as expanding or limiting the
authority of the Secretary of Agriculture to acquire
land by eminent domain within the boundaries of
units of the National Forest System.
(b) Acquisitions pursuant to this section shall be
consistent with the mission of the department
involved and with applicable departmental landuse plans.
(c) Except as provided in subsection (e) of this
section [P.L. 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 pur­
suant to the first section of the Act of June 28,
1934 (48 Stat. 1269, as amended; 43 U.S.C. 315)
(commonly known as the “ Taylor Grazing Act”),
they shall become a part of that district. Lands
and interests in lands acquired pursuant to this sec­
tion which are within boundaries of the National
Forest System may be transferred to the Secretary
of Agriculture and shall then become National
Forest System lands and subject to all the laws,
rules, and regulations applicable thereto.
(d) Lands and interests in lands acquired by the
Secretary of 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) 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 pursuant to the provisions of the Act
of February 26, 1919 [16 U.S.C. 342] (40 Stat. 1179),
shall be considered for all purposes to have the
same status as, and shall be administered in
accordance with the same provisions of law appli­
cable to, the revested or reconveyed lands
exchanged for the lands acquired by the Secretary.
[P.L. 99-632, 1986]

EXCHANGES
Sec. 206. [43 U.S.C. 1716] (a) A tract of public land or
interests therein may be disposed of by exchange
by the Secretary under this Act and a tract of land
or interests therein within the National Forest
System may be disposed of by exchange by the
Secretary of Agriculture under applicable law
where the Secretary concerned determines that the
public interest will be well served by making that
exchange: Provided, That when considering public
interest the Secretary concerned shall give full
consideration to better Federal land management
and the needs of State and local people, including
needs for lands for the economy, community
expansion, recreation areas, food, fiber, minerals,
and fish and wildlife and the Secretary concerned
finds that the values and the objectives which
Federal lands or interests to be conveyed may
serve if retained in Federal ownership are not more
than the values of the non-Federal lands or inter­
ests and the public objectives they could serve if
acquired.
(b) In exercising the exchange authority granted
by subsection (a) or by section 205 (a) of this Act,
the Secretary concerned [P.L. 100-409 §3, Aug. 20, 1988]
may accept title to any non-Federal land or inter­
ests therein in exchange for such land, or interests
therein which he finds proper for transfer out of
Federal ownership and which are located in the
same State as the non-Federal land or interest to be
acquired. For the purposes of this subsection,
unsurveyed school sections which, upon survey by
the Secretary, would become State lands, shall be
considered as “non-Federal lands”. The values of
the lands exchanged by the Secretary under this
Act and by the Secretary of Agriculture under
applicable law relating to lands within the
National Forest System either shall be equal, or if
they are not equal, the values shall be equalized by
the payment of money to the grantor or to the
Secretary concerned as the circumstances require
so long as payment does not exceed 25 per centum
of the total value of the lands or interests trans­
ferred 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

12 ———— Federal Land Policy and Management Act of 1976

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 trans­
ferred 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. [P.L. 100-409 §9, Aug. 20, 1988] The Secretary con­
cerned shall try to reduce the amount of the pay­
ment of money to as small an amount as possible.
(c) 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 estab­
lished by Act of Congress, or the boundaries of the
California Desert Conservation Area, or the
boundaries of any national conservation area or
national recreation area established by Act of
Congress, upon acceptance of title by the United
States shall immediately be reserved for and
become a part of the unit or area within which
they are located, without further action by the
Secretary, and shall thereafter be managed in
accordance with all laws, rules, and regulations
applicable to such unit or area. [P.L. 100-409 §3, Aug. 20,
1988]

(d)(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 find­
ings of an appraisal or appraisals, the appraisal

or appraisals shall be submitted to an arbitrator
appointed by the Secretary from a list of arbitra­
tors submitted to him by the American Arbitration
Association for arbitration to be conducted in
accordance with the real estate valuation arbitra­
tion rules of the American Arbitration Association.
Such arbitration shall be binding for a period of
not to exceed two years on the Secretary con­
cerned and the other party or parties involved in
the exchange insofar as concerns the value of the
lands which were the subject of the appraisal or
appraisals.
(3) Within thirty days after the completion of
the arbitration, the Secretary concerned and the
other party or parties involved in the exchange
shall determine whether to proceed with the
exchange, modify the exchange to reflect the find­
ings 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) Unless mutually agreed otherwise by the
Secretary concerned and the other party or parties
involved in an exchange pursuant to this Act or
other applicable law, all patents or titles to be
issued for land or interests therein to be acquired
by the Federal Government and lands or 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)(1) Within one year after August 20, 1988, the
Secretaries of the Interior and Agriculture shall
promulgate new and comprehensive rules and reg­
ulations governing exchanges of land and interests

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 13

therein pursuant to this Act and other applicable
law. Such rules and regulations shall fully reflect
the changes in law made by subsections (d)
through (i) of this section and shall include provi­
sions pertaining to appraisals of lands and inter­
ests therein involved in such exchanges.
(2) The provisions of the rules and regulations
issued pursuant to paragraph (1) of this subsec­
tion governing appraisals shall reflect nationally
recognized appraisal standards, including, to the
extent appropriate, the Uniform Appraisal
Standards for Federal Land Acquisitions:
Provided, however, That the provisions of such
rules and regulations shall –
(A) ensure that the same nationally approved
appraisal standards are used in appraising lands
or interest therein being acquired by the Federal
Government and appraising lands or interests
therein being transferred out of Federal ownership; and
(B) with respect to costs or other responsibili­
ties 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 consummat­
ing 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 require­
ments which would ordinarily be borne by the
other party or parties.
As used in this subparagraph, the term “costs or
other responsibilities or requirements” shall
include, but not be limited to, costs or other
requirements associated with land surveys and
appraisals, mineral examinations, title searches,
archeological surveys and salvage, removal of

encumbrances, arbitration pursuant to subsection
(d) of this section, curing deficiencies preventing
highest and best use, and other costs to comply
with laws, regulations and policies applicable to
exchange transactions, or which are necessary to
bring the Federal or non-Federal lands or inter­
ests involved in the exchange to their highest and
best use for the appraisal and exchange purposes.
Prior to making any adjustments pursuant to this
subparagraph, the Secretary concerned shall be
satisfied that the amount of such adjustment is rea­
sonable and accurately reflects the approximate
value of any costs or services provided or any
responsibilities or requirements assumed.
(g) 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 reg­
ulations, 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 com­
prehensive 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)(1) Notwithstanding the provisions of this Act
and other applicable laws which require that
exchanges of land or interests therein be for equal
value, where the Secretary concerned determines it
is in the public interest and that the consummation
of a particular exchange will be expedited thereby,
the Secretary concerned may exchange lands or
interests therein which are of approximately equal
value in cases where –
(A) the combined value of the lands or interests
therein to be transferred from Federal ownership
by the Secretary concerned in such exchange is
not more than $150,000; and
(B) the Secretary concerned finds in accor­
dance with the regulations to be promulgated pur-

14 ———— Federal Land Policy and Management Act of 1976

suant to subsection (f) of this section that a deter­
mination of approximately equal value can be
made without formal appraisals, as based on a
statement of value made by a qualified appraiser
and approved by an authorized officer; and
(C) the definition of and procedure for determining “approximately equal value” has been set
forth in regulations by the Secretary concerned
and the Secretary concerned documents how such
determination was made in the case of the particu­
lar 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)(1) Upon receipt of an offer to exchange lands
or interests in lands pursuant to this Act or other
applicable laws, at the request of the head of the
department or agency having jurisdiction over the
lands involved, the Secretary of the Interior may
temporarily segregate the Federal lands under
consideration for exchange from appropriation
under the mining laws. Such temporary segrega­
tion may only be made for a period of not to
exceed five years. Upon a decision not to proceed
with the exchange or upon deletion of any particu­
lar parcel from the exchange offer, the Federal
lands involved or deleted shall be promptly
restored to their former status under the mining
laws. Any segregation pursuant to this paragraph
shall be subject to valid existing rights as of the
date of such segregation.
(2) All non-Federal lands which are acquired
by the United States through exchange pursuant to
this Act or pursuant to other laws applicable to
lands managed by the Secretary of Agriculture
shall be automatically segregated from appropria­
tion under the public land law, including the min­
ing 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 provid­
ed by this Act or other applicable law, or appro­
priate actions pursuant thereto.
[P.L. 100-409 §3, Aug. 20, 1988]

QUALIFIED CONVEYEES
Sec. 207. [43 U.S.C. 1717] No tract of land may be dis­
posed 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 cor­
poration, is not subject to the laws of any State or
of the United States.

CONVEYANCES
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 issues, except in the case of land
exchanges, for which the provisions of subsection
206 (b) of this Act shall apply, such terms,
covenants, conditions, and reservations as he
deems necessary to insure proper land use and pro­
tection of the public interest: Provided, That a con­
veyance of lands by the Secretary, subject to such
terms, covenants, conditions, and reservations,
shall not exempt the grantee from 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.

RESERVATION AND CONVEYANCE OF MINERALS
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, 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,

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 15

except that if the Secretary makes the findings
specified in subsection (b) of this section, the min­
erals may then be conveyed together with the sur­
face to the prospective surface owner as provided
in subsection (b).
(b) (1) The Secretary, after consultation with the
appropriate department or agency head, may con­
vey mineral interests owned by the United States
where the surface is or will be in non-Federal
ownership, regardless of which Federal entity may
have administered the surface, if he finds (1) that
there are no known mineral values in the land, or
(2) that the reservation of the mineral rights in the
United States is interfering with or precluding
appropriate non-mineral development of the land
and that such development is a more beneficial use
of the land than mineral development.
(2) Conveyance of mineral interests pursuant to
this section shall be made only to the existing or
proposed record owner of the surface, upon pay­
ment of administrative costs and the fair market
value of the interests being conveyed.
(3) Before considering an application for con­
veyance of mineral interests pursuant to this sec­
tion–
(i) the Secretary shall require the deposit by the
applicant of a sum of money which he deems suf­
ficient 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 docu­
ments of conveyance: Provided, That, if the
administrative costs exceed the deposit, the appli­
cant shall pay the outstanding amount; and, if the
deposit exceeds the administrative costs, the appli­
cant 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 promulgat­
ed by the Secretary.

(4) Moneys paid to the Secretary for adminis­
trative costs pursuant to this subsection shall be
paid to the agency which rendered the service and
deposited to the appropriation then current.

COORDINATION WITH STATE
AND LOCAL GOVERNMENTS
Sec. 210. [43 U.S.C. 1720] At least sixty days prior to
offering for sale or otherwise conveying public
lands under this Act, the Secretary shall notify the
Governor of the State within which such lands are
located and the head of the governing body of any
political subdivision of the State having zoning or
other land use regulatory jurisdiction in the geo­
graphical area within which such lands are located,
in order to afford the appropriate body the oppor­
tunity to zone or otherwise regulate, or change or
amend existing zoning or other regulations con­
cerning the use of such lands prior to such con­
veyance. The Secretary shall also promptly notify
such public officials of the issuance of the patent
or other document of conveyance for such lands.

OMITTED LANDS
Sec. 211. [43 U.S.C. 1721] Omitted Lands.– (a) The
Secretary is hereby authorized to convey to States
or their political subdivisions under the Recreation
and Public Purposes Act (44 Stat. 741 as amended;
43 U.S.C. 869 et seq.), as amended, but without
regard to the acreage limitations contained therein,
unsurveyed islands determined by the Secretary to
be public lands of the United States. The con­
veyance 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 subdivi­
sion donates money or services to the Secretary
for such survey, the Secretary accepts such money
or services, and such services are conducted pur­
suant 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.

16 ———— Federal Land Policy and Management Act of 1976

(b) (1) The Secretary is authorized to convey to
States and their political subdivisions under the
Recreation and Public Purposes Act, [43 U.S.C.
869 to 869-4] but without regard to the acreage
limitations contained therein, lands other than
islands determined by him after survey to be pub­
lic lands of the United States erroneously or fraud­
ulently omitted from the original surveys (here­
inafter 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 estab­
lished by the Director of the Bureau of Land
Management, and such survey is approved by the
Secretary prior to the conveyance.
(2) The Secretary is authorized to convey to the
occupant of any omitted lands which, after survey,
are found to have been occupied and developed for
a five-year period prior to January 1, 1975, if the
Secretary determines that such conveyance is in
the public interest and will serve objectives which
outweigh all public objectives and values which
would be served by retaining such lands in Federal
ownership. Conveyance under this subparagraph
shall be made at not less than the fair market value
of the land, as determined by the Secretary, and
upon payment in addition of administrative costs,
including the cost of making the survey, the cost
of appraisal, and the cost of making the con­
veyance.
(c) (1) No conveyance shall be made pursuant to
this section until the relevant State government,
local government, and area wide 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 title IV of the Intergovernmental
Cooperation Act of 1968 (82 Stat. 1098, 1103–4)
[31 U.S.C. 6506(a)-(e)] have notified the Secretary as to
the consistency of such conveyance with applica­
ble 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) The final sentence of section 1(c) of the
Recreation and Public Purposes Act [43 U.S.C. 869(c)]
shall not be applicable to conveyances under this
section.
(e) No conveyance pursuant to this section shall
be used as the basis for determining the baseline
between Federal and State ownership, the bound­
ary of any State for purposes of determining the
extent of a State’s submerged lands or the line of
demarcation of Federal jurisdiction, or any similar
or related purpose.
(f) The provisions of this section shall not apply
to any lands within the National Forest System,
defined in the Act of August 17, 1974 (88 Stat.
476; 16 U.S.C. 1601), the National Park System,
the National Wildlife Refuge System, and the
National Wild and Scenic Rivers System.
(g) Nothing in this section shall supersede the
provisions of the Act of December 22, 1928 (45
Stat. 1069; 43 U.S.C. 1068), as amended, and the
Act of May 31, 1962 (76 Stat. 89), or any other
Act authorizing the sale of specific 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
et seq.), as amended, is further amended as fol­
lows:
(a) The second sentence of subsection (a) of the
first section of that Act (43 U.S.C. 869(a)) is
amended to read as follows: “Before the land may
be disposed of under this Act it must be shown to
the satisfaction of the Secretary that the land is to
be used for an established or definitely proposed
project, that the land involved is not of national
significance nor more than is reasonably necessary
for the proposed use, and that for proposals of
over 640 acres comprehensive land use plans and
zoning regulations applicable to the area in which
the public lands to be disposed of are located have
been adopted by the appropriate State or local
authority. The Secretary shall provide an opportu­
nity for participation by affected citizens in dispos­
als under this Act, including public hearings or

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 17

meetings where he deems it appropriate to provide
public comments, and shall hold at least one pub­
lic meeting on any proposed disposal of more than
six hundred forty acres under this Act.”
(b) Subsection (b) (i) of the first section of that
Act (43 U.S.C. 869(b)) is amended to read as fol­
lows:
“(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, here­
inafter referred to as the State, or to any political
subdivision of such State, six thousand four hun­
dred acres, and such additional acreage as may be
needed for small road-side parks and rest sites of
not more than ten acres each.
“(B) To any nonprofit corporation or nonprofit
association, six hundred and forty acres.
“(C) No more than twenty-five thousand six hun­
dred acres may be conveyed for recreational pur­
poses 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 applica­
tion on file with the Secretary of the Interior on or
before the last day of said year and to the extent
that the conveyance would not have exceeded the
limitations of said year.”
(c) Section 2(a) of that Act (43 U.S.C. 869–1) is
amended by inserting “or recreational purposes”
immediately after “historic-monument purposes”.
(d) Section 2(b) of that Act (43 U.S.C. 869–1) is
amended by adding “, except that leases of such
lands for recreational purposes shall be made without monetary consideration” after the phase “rea­
sonable 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
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 objec­
tives that outweigh the public objectives and val­
ues which would be served by maintaining such
tract in Federal ownership, he may, upon applica­
tion, set aside and designate as a townsite an area
of not to exceed six hundred and forty acres of
National Forest System land for any one applica­
tion. After public notice, and satisfactory showing
of need therefor by any county, city, or other local
governmental subdivision, the Secretary may offer
such area for sale to a governmental subdivision at
a price not less than the fair market value thereof:
Provided, however, That the Secretary may condi­
tion 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 con­
tiguous National Forest System lands.”

UNINTENTIONAL
TRESPASS ACT
Sec. 214. [43 U.S.C. 1722] (a) Notwithstanding the
provisions of the Act of September 26, 1968 (82
Stat. 870; 43 U.S.C. 1431–1435), hereinafter
called the “1968 Act,” with respect to applications
under the 1968 Act which were pending before the
Secretary as of the effective date of this subsection
and which he approves for sale under the criteria
prescribed by the 1968 Act, he shall give the right
of first refusal to those having a preference right
under section 2 of the 1968 Act. The Secretary
shall offer such lands to such preference right
holders at their fair market value (exclusive of any
values added to the land by such holders and their
predecessors in interest) as determined by the
Secretary as of September 26, 1973.

18 ———— Federal Land Policy and Management Act of 1976

(b) Within three years after the date of approval
of this Act, the Secretary shall notify the filers of
applications subject to paragraph (a) of this section
whether he will offer them the lands applied for
and at what price; that is, their fair market value as
of September 26, 1973, excluding any value added
to the lands by the applicants or their predecessors
in interest. He will also notify the President of the
Senate and the Speaker of the House of
Representatives of the lands which he has determined not to sell pursuant to paragraph (a) of this
section and the reasons therefor. With respect to
such lands which the Secretary determined not to
sell, he shall take no other action to convey those
lands or interests in them before the end of ninety
days (not counting days on which the House of
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, dur­
ing that ninety-day period, the Congress adopts a
concurrent resolution stating the length of time
such suspension of action should continue, he shall
continue such suspension for the specified time
period. If the committee to which a resolution has
been referred during the said ninety-day period,
has not reported it at the end of thirty calendar
days after its referral, it shall be in order to either
discharge the committee from further considera­
tion of such resolution or to discharge the committee from consideration of any other resolution with
respect to the suspension of action. A motion to
discharge may be made only by an individual
favoring the resolution, shall be highly privileged
(except that it may not be made after the committee has reported such a resolution), and debate
thereon shall be limited to not more than one hour,
to be divided equally between those favoring and
those opposing the resolution. An amendment to
the motion shall not be in order, and it shall not
be in order to move to reconsider the vote by
which the motion was agreed to or disagreed to. If
the motion to discharge is agreed to or disagreed
to, the motion may not be made with respect to
any other resolution with respect to the same
suspension of action. When the committee has
reprinted, or has been discharged from further con­
sideration of a resolution, it shall at any time
thereafter be in order (even though a previous
motion to the same effect has been disagreed to) to

move to proceed to the consideration of the resolu­
tion. The motion shall be highly privileged and
shall not be debatable. An amendment to the
motion shall not be in order, and it shall not be in
order to move to reconsider the vote by which the
motion was agreed to or disagreed to.
(c) Within five years after the date of approval of
this Act, the Secretary shall complete the process­
ing of all applications filed under the 1968 Act and
hold sales covering all lands which he has determined to sell thereunder.
Sec. 215. [43 U.S.C. 1723] (a) When the sole impedi­
ment 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 with­
drawal or classification because of the order (or
subsequent modification or continuance thereof) of
the United States District Court for the District of
Columbia dated February 10, 1986, in Civil
Action No. 85-2238 (National Wildlife Federation
v. Robert E. Burford, et al.), the Secretary of the
Interior is hereby authorized, notwithstanding
such order (or subsequent modification or continu­
ance thereof) to use the authority contained herein, in lieu of other authority provided in this Act
including section 204, to revoke, modify, or termi­
nate in whole or in part, withdrawals or classifica­
tions to the extent deemed necessary by the
Secretary to enable the United States to transfer
land or interests therein out of Federal ownership
pursuant to an exchange.
(b) REQUIREMENTS. – The authority specified
in subsection (a) of this section may be exercised
only in cases where –
(1) a particular exchange is proposed to be car­
ried 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 con­
currence with the proposed revocation, modifica­
tion, or termination;

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 19

(4) at least sixty days have elapsed since the
Secretary of the Interior has published in the
Federal Register a notice of the proposed revoca­
tion, modification, or termination; and

the particular proposed exchange, on the objec­
tives of the land management plan which is appli­
cable at the time of such transfer to the land to be
transferred out of Federal ownership.

(5) at least sixty days have elapsed since the
Secretary of the Interior has transmitted to the
Committee on Natural Resources [P.L. 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 –

(c) LIMITATIONS. – (1) Nothing in this section
shall be construed as affirming or denying any of
the allegations made by any party in the civil
action specified in subsection (a), or as constitut­
ing 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.

(A) a justification for the necessity of exercis­
ing such authority in order to complete an
exchange;
(B) an explanation of the reasons why the con­
tinuation of the withdrawal or a classification or
portion thereof proposed for revocation, modifica­
tion, or termination is no longer necessary for the
purposes of the statutory or other program or programs for which the withdrawal or classification
was made or other relevant programs;
(C) assurances that all relevant documents
concerning the proposed exchange or purchase for
which such authority is proposed to be exercised
(including documents related to compliance with
the National Environmental Policy Act of 1969
and all other applicable provisions of law) are
available for public inspection in the office of the
Secretary concerned located nearest to the lands
proposed for transfer out of Federal ownership in
furtherance of such exchange and that the relevant
portions of such documents are also available in
the offices of the Secretary concerned in
Washington, District of Columbia; and
(D) an explanation of the effect of the revoca­
tion, modification, or termination of a withdrawal
or classification or portion thereof and the trans­
fer of lands out of Federal ownership pursuant to

(2) Except as specifically provided in this sec­
tion, nothing in this section shall be construed as
modifying, terminating, revoking, or otherwise
affecting any provision of law applicable to land
exchanges, withdrawals, or classifications.
(3) The availability or exercise of the authority
granted in subsection (a) may not be considered
by the Secretary of the Interior in making a deter­
mination pursuant to this Act or other applicable
law as to whether or not any proposed exchange is
in the public interest.
(d) TERMINATION. – The authority specified in
subsection (a) shall expire either (1) on December
31, 1990, or (2) when the Court order (or subse­
quent modification or continuation thereof) speci­
fied in subsection (a) is no longer in effect,
whichever occurs first. [P.L. 100-409 1988]
[The termination clause in subsection (d) was satisfied on November
4, 1988, when the Court order specified in subsection (a) was vacat­
ed by National Wildlife Federation v. Burford, 699 F. Supp. 327, 332
(D.D.C. 1988). That reversal was upheld in a 1989 Appeals court
decision, 878 F.2d 422, and by the Supreme Court in 1990, 497 U.S.
871.]

TITLE III

ADMINISTRATION

BLM DIRECTORATE
AND FUNCTIONS
Sec. 301. [43 U.S.C. 1731] (a) The Bureau of Land
Management established by Reorganization Plan
Numbered 3, of 1946 (5 U.S.C. App. 519) shall
have as its head a Director. Appointments to the
position of Director shall hereafter be made by the
President, by and with the advice and consent of
the Senate. The Director of the Bureau shall have
a broad background and substantial experience in
public land and natural resource management. He
shall carry out such functions and shall perform
such duties as the Secretary may prescribe with
respect to the management of lands and resources
under his jurisdiction according to the applicable
provisions of this Act and any other applicable
law.
(b) Subject to the discretion granted to him by
Reorganization Plan Numbered 3 of 1950 (43
U.S.C. 1451 note), the Secretary shall carry out
through the Bureau all functions, powers, and
duties vested in him and relating to the administra­
tion of laws which, on the date of enactment of
this section, were carried out by him through the
Bureau of Land Management established by sec­
tion 403 of Reorganization Plan Numbered 3 of
1946. The Bureau shall administer such laws
according to the provisions thereof existing as of
the date of approval of this Act as modified by the
provisions of this Act or by subsequent law.
(c) In addition to the Director, there shall be an
Associate 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 [5 U.S.C. 101 et seq.], governing
appointments in the competitive service, and shall
be paid in accordance with the provisions of chap­
ter 51 and subchapter III of chapter 53 of such title
[5 U.S.C. 5101 et seq., 5331] relating to classification and
General Schedule pay rates.

(d) Nothing in this section shall affect any regu­
lation of the Secretary with respect to the adminis­
tration of laws administered by him through the
Bureau on the date of approval of this section.

MANAGEMENT OF
USE, OCCUPANCY, AND
DEVELOPMENT
Sec. 302. [43 U.S.C. 1732] (a) The Secretary shall manage the public lands under principles of multiple
use and sustained yield, in accordance with the
land use plans developed by him under section
202 of this Act when they are available, except
that where a tract of such public land has been
dedicated to specific uses according to any other
provisions of law it shall be managed in accor­
dance with such law.
(b) In managing the public lands, the Secretary
shall, subject to this Act and other applicable law
and under such terms and conditions as are consis­
tent 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 leas­
es 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, coop­
erative agreements under subsection (b) of section
307 of this Act: Provided further, That nothing in
this Act shall be construed as authorizing the
Secretary concerned to require Federal permits to
hunt and fish on public lands or on lands in the
National Forest System and adjacent waters or as

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 21

enlarging or diminishing the responsibility and
authority of the States for management of fish and
resident wildlife. However, the Secretary con­
cerned may designate areas of public land and of
lands in the National Forest System where, and
establish periods when, no hunting or fishing will
be permitted for reasons of public safety, adminis­
tration, or compliance with provisions of applica­
ble law. Except in emergencies, any regulations of
the Secretary concerned relating to hunting and
fishing pursuant to this section shall be put into
effect only after consultation with the appropriate
State fish and game department. Nothing in this
Act shall modify or change any provision of
Federal law relating to migratory birds or to
endangered or threatened species. Except as pro­
vided in section 314, section 603, and subsection
(f) of section 601 of this Act and in the last sen­
tence of this paragraph, no provision of this sec­
tion 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 degra­
dation of the lands.
(c) The Secretary shall insert in any instrument
providing for the use, occupancy, or development
of the public lands a provision authorizing revoca­
tion or suspension, after notice and hearing, of
such instrument upon a final administrative find­
ing 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 com­
pliance 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 privi­
leges granted by it: Provided further, That the
Secretary shall terminate any such suspension no
later than the date upon which he determines the
cause of said violation has been rectified: Provided
further, That the Secretary may order an immedi­
ate temporary suspension prior to a hearing or
final administrative finding if he determines that
such a suspension is necessary to protect health or

safety or the environment: Provided further, That,
where other applicable law contains specific provi­
sions for suspension, revocation, or cancellation of
a permit, license, or other authorization to use,
occupy, or develop the public lands, the specific
provisions of such law shall prevail.
(d) (1) The Secretary of the Interior, after consul­
tation 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 conser­
vation system unit or the Steese National
Conservation Area or the White Mountains
National Recreation Area) for purposes of military
maneuvering, military training, or equipment test­
ing not involving artillery firing, aerial or other
gunnery, or other use of live ammunition or ord­
nance.
(2) Use of public lands pursuant to a general
authorization under this subsection shall be limit­
ed to areas where such use would not be inconsis­
tent with the plans prepared pursuant to section
202. Each such use shall be subject to a require­
ment that the using department shall be responsi­
ble for any necessary cleanup and decontamina­
tion of the lands used, and to such other terms and
conditions (including but not limited to restrictions
on use of off-road or all-terrain vehicles) as the
Secretary of the Interior may require to –
(A) minimize adverse impacts on the natural,
environmental, scientific, cultural, and other
resources and values (including fish and wildlife
habitat) of the public lands involved; and
(B) minimize the period and method of such
use and the interference with or restrictions on
other uses of the public lands involved.
(3) (A) A general authorization issued pursuant
to this subsection shall not be for a term of more
than three years and shall be revoked in whole or
in part, as the Secretary of the Interior finds nec­
essary, prior to the end of such term upon a deter­
mination by the Secretary of the Interior that there
has been a failure to comply with its terms and
conditions or that activities pursuant to such an
authorization have had or might have a significant

22 ———— Federal Land Policy and Management Act of 1976

adverse impact on the resources or values of the
affected lands.
(B) Each specific use of a particular area of
public lands pursuant to a general authorization
under this subsection shall be subject to specific
authorization by the Secretary and to appropriate
terms and conditions, including such as are
described in paragraph (2) of this subsection.
(4) Issuance of a general authorization pur­
suant to this subsection shall be subject to the provisions of section 202(f) of this Act, section 810 of
the Alaska National Interest Lands Conservation
Act, 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 subsec­
tion shall not authorize the construction of per­
manent structures or facilities on the public lands.
(5) To the extent that public safety may require
closure to public use of any portion of the public
lands covered by an authorization issued pursuant
to this subsection, the Secretary of the military
department concerned or the Commandant of the
Coast Guard shall take appropriate steps to notify
the public concerning such closure and to provide
appropriate warnings of risks to public safety.
(6) For purposes of this subsection, the term
“conservation system unit” has the same meaning
as specified in section 102 of the Alaska National
Interest Lands Conservation Act [16 U.S.C. 3102]. [P.L.
100-586, 1988]

ENFORCEMENT AUTHORITY
Sec. 303. [43 U.S.C. 1733] (a) 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 know­
ingly and willfully violates any such regulation
which is lawfully issued pursuant to this Act shall
be fined no more than $1,000 or imprisoned no
more than twelve months, or both. Any person
charged with a violation of such regulation may
be tried and sentenced by any United States
magistrate judge [P.L. 101-650, 1990] designated for that

purpose by the court by which he was appointed,
in the same manner and subject to the same condi­
tions and limitations as provided for in section
3401 of title 18 of the United States Code.
(b) At the request of the Secretary, the Attorney
General may institute a civil action in any United
States district court for an injunction or other
appropriate order to prevent any person from uti­
lizing public lands in violation of regulations
issued by the Secretary under this Act.
(c) (1) When the Secretary determines that assis­
tance is necessary in enforcing Federal laws and
regulations relating to the public lands or their
resources he shall offer a contract to appropriate
local officials having law enforcement authority
within their respective jurisdictions with the view
of achieving maximum feasible reliance upon
local law enforcement officials in enforcing such
laws and regulations. The Secretary shall negotiate
on reasonable terms with such officials who have
authority to enter into such contracts to enforce
such Federal laws and regulations. In the perform­
ance of their duties under such contracts such offi­
cials and their agents are authorized to carry
firearms; execute and serve any warrant or other
process issued by a court or officer of competent
jurisdiction; make arrests without warrant or
process for a misdemeanor he has reasonable
grounds to believe is being committed in his pres­
ence or view, or for a felony if he has reasonable
grounds to believe that the person to be arrested
has committed or is committing such felony;
search without warrant or process any person,
place, or conveyance according to any Federal law
or rule of law; and seize without warrant or
process any evidentiary item as provided by
Federal law. The Secretary shall provide such law
enforcement training as he deems necessary in
order to carry out the contracted for responsibili­
ties. While exercising the powers and authorities
provided by such contract pursuant to this section,
such law enforcement officials and their agents
shall have all the immunities of Federal law
enforcement officials.
(2) The Secretary may authorize Federal
personnel or appropriate local officials to carry
out his law enforcement responsibilities with
respect to the public lands and their resources.

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 23

Such designated personnel shall receive the train­
ing and have the responsibilities and authority pro­
vided for in paragraph (1) of this subsection.
(d) In connection with the administration and
regulation of the use and occupancy of the public
lands, the Secretary is authorized to cooperate with
the regulatory and law enforcement officials of
any State or political subdivision thereof in the
enforcement of the laws or ordinances of such
State or subdivision. Such cooperation may
include reimbursement to a State or its subdivision
for expenditures incurred by it in connection with
activities which assist in the administration and
regulation of use and occupancy of the public
lands.
(e) Nothing in this section shall prevent the
Secretary from promptly establishing a uniformed
desert ranger force in the 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 him in such area.
The officers and members of such ranger force
shall have the same responsibilities and authority
as provided for in paragraph (1) of subsection (c)
of this section.
(f) Nothing in this Act shall be construed as
reducing or limiting the enforcement authority
vested in the Secretary by any other statute.
(g) The use, occupancy, or development of any
portion of the public lands contrary to any regula­
tion of the Secretary or other responsible authority,
or contrary to any order issued pursuant to any
such regulation, is unlawful and prohibited.

SERVICE CHARGES,
REIMBURSEMENT PAYMENTS,
AND EXCESS PAYMENTS
Sec. 304. [43 U.S.C. 1734] (a) Notwithstanding any
other provision of law, the Secretary may establish
reasonable filing and service fees and reasonable
charges, and commissions with respect to applica­
tions and other documents relating to the public
lands and may change and abolish such fees,
charges, and commissions.

(b) The Secretary is authorized to require a
deposit of any payments intended to reimburse the
United States for reasonable costs with respect to
applications and other documents relating to such
lands. The moneys received for reasonable costs
under this subsection shall be deposited with the
Treasury in a special account and are hereby
authorized to be appropriated and made available
until expended. As used in this section “reasonable
costs” include, but are not limited to, the costs of
special studies; environmental impact statements;
monitoring construction, operation, maintenance,
and termination of any authorized facility; or other
special activities. In determining whether costs are
reasonable under this section, the Secretary may
take into consideration actual costs (exclusive of
management overhead), the monetary value of the
rights or privileges sought by the applicant, the
efficiency to the government processing involved,
that portion of the cost incurred for the benefit of
the general public interest rather than for the
exclusive benefit of the applicant, the public serv­
ice provided, and other factors relevant to determining the reasonableness of the costs.
(c) In any case where it shall appear to the satis­
faction 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 appli­
cation or otherwise, may cause a refund to be
made from applicable funds.
[43 U.S.C. 1734a] In Fiscal Year 1997 and thereafter,
all fees, excluding mining claim fees, in excess of
the fiscal year 1996 collections established by the
Secretary of the Interior under the authority of
section 1734 of this title for processing, recording,
or documenting authorizations to use public lands
or public land natural resources (including cultur­
al, historical, and mineral) and for providing spe­
cific services to public land users, and which are
not presently being covered into any Bureau of
Land Management appropriation accounts, and
not otherwise dedicated by law for a specific dis­
tribution, shall be made immediately available for
program operations in this account and remain
available until expended. [P.L. 104-208, 1996]

24 ———— Federal Land Policy and Management Act of 1976

DEPOSITS AND FORFEITURES
Sec. 305. [43 U.S.C. 1735] (a) Any moneys received by
the United States as a result of the forfeiture of a
bond or other security by a resource developer or
purchaser or permittee who does not fulfill the
requirements of his contract or permit or does not
comply with the regulations of the Secretary; or as
a result of a compromise or settlement of any
claim whether sounding in tort or in contract
involving present or potential damage to the public
lands shall be credited to a separate account in the
Treasury and are hereby authorized to be appropri­
ated 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 settle­
ment.
(b) Any moneys collected under this Act in con­
nection with lands administered under the Act of
August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a1181j), shall be expended for the benefit of such
land only.
(c) If any portion of a deposit or amount forfeit­
ed 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.
[43 U.S.C. 1735 note. P.L. 106-291, 2000, defines the conditions
under which excess repair funds may be used to repair other lands.
P.L. 106-291 was intended to clarify, but did not amend 43 U.S.C.
1735. It should be consulted when relevant (see Title I, “Service
Charges, Deposits, And Forfeitures”).]

WORKING CAPITAL FUND
Sec. 306. [43 U.S.C. 1736] (a) There is hereby estab­
lished a working capital fund for the management
of the public lands. This fund shall be available
without fiscal year limitation for expenses neces­
sary for furnishing, in accordance with the Federal
Property and Administrative Services Act of 1949
(63 Stat. 377, as amended), [40 U.S.C. 471 note] and
regulations promulgated thereunder, supplies and

equipment services in support of Bureau programs,
including but not limited to, the purchase or con­
struction of storage facilities, equipment yards,
and related improvements and the purchase, lease,
or rent of motor vehicles, aircraft, heavy equip­
ment, and fire control and other resource manage­
ment equipment within the limitations set forth in
appropriations made to the Secretary for the
Bureau.
(b) The initial capital of the fund shall consist of
appropriations made for that purpose together with
the fair and reasonable value at the fund’s incep­
tion of the inventories, equipment, receivables, and
other assets, less the liabilities, transferred to the
fund. The Secretary is authorized to make such
subsequent transfers to the fund as he deems
appropriate in connection with the functions to be
carried on through the fund.
(c) The fund shall be credited with payments
from appropriations, and funds of the Bureau,
other agencies of the Department of the Interior,
other Federal agencies, and other sources, as
authorized by law, at rates approximately equal to
the cost of furnishing the facilities, supplies,
equipment, and services (including depreciation
and accrued annual leave). Such payments may be
made in advance in connection with firm orders,
or by way of reimbursement.
(d) There is hereby authorized to be appropriated
a sum not to exceed $3,000,000 as initial capital
of the working capital fund.
[43 U.S.C. 1736a] There is hereby established in the
Treasury of the United States a special fund to be
derived hereafter [October 5, 1992] from the Federal
share of moneys received from the disposal of sal­
vage 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 fur­
ther appropriation, for the purposes of planning
and preparing salvage timber for disposal, the
administration of salvage timber sales, and subse­
quent site preparation and reforestation. [P.L. 102381, 1992]

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 25

STUDIES, COOPERATIVE
AGREEMENTS, AND
CONTRIBUTIONS
Sec. 307. [43 U.S.C. 1737] (a) The Secretary may conduct investigations, studies, and experiments, on
his own initiative or in cooperation with others,
involving the management, protection, develop­
ment, acquisition, and conveying of the public
lands.
(b) Subject to the provisions of applicable law,
the Secretary may enter into contracts and cooper­
ative agreements involving the management, pro­
tection, development, and sale of public lands.
(c) The Secretary may accept contributions or
donations of money, services, and property, real,
personal, or mixed, for the management, protec­
tion, development, acquisition, and conveying of
the public lands, including the acquisition of
rights-of-way for such purposes. He may accept
contributions for cadastral surveying performed on
federally controlled or intermingled lands. Moneys
received hereunder shall be credited to a separate
account in the Treasury and are hereby authorized
to be appropriated and made available until
expended, as the Secretary may direct, for pay­
ment of expenses incident to the function toward
the administration of which the contributions were
made and for refunds to depositors of amounts
contributed by them in specific instances where
contributions are in excess of their share of the
cost.
(d) The Secretary may recruit, without regard to
the civil service classification laws, rules, or regu­
lations, 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) 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 employ­
ee; and
(2) may provide for services or costs incidental
to the utilization of volunteers, including

transportation, supplies, lodging, subsistence,
recruiting, training, and supervision.
(f) Volunteers shall not be deemed employees of
the United States except for the purposes of – [P.L.
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, per­
sonal property of a volunteer incident to volunteer
service, in which case the provisions of 31 U.S.C.
3721 shall apply. [P.L. 101-286, 1990]
(g) Effective with fiscal years beginning after
September 30, 1984, there are authorized to be
appropriated such sums as may be necessary to
carry out the provisions of subsection (d), but not
more than $250,000 may be appropriated for any
one fiscal year. [P.L. 98-540, 1984]

CONTRACTS FOR SURVEYS
AND RESOURCE PROTECTION
Sec. 308. [43 U.S.C. 1738] (a) The Secretary is author­
ized to enter into contracts for the use of aircraft,
and for supplies and services, prior to the passage
of an appropriation therefor, for airborne cadastral
survey and resource protection operations of the
Bureau. He may renew such contracts annually,
not more than twice, without additional competi­
tion. Such contracts shall obligate funds for the
fiscal years in which the costs are incurred.
(b) Each such contract shall provide that the obli­
gation of the United States for the ensuing fiscal
years is contingent upon the passage of an applica­
ble appropriation, and that no payment shall be
made under the contract for the ensuing fiscal
years until such appropriation becomes available
for expenditure.

ADVISORY COUNCILS AND
PUBLIC PARTICIPATION
Sec. 309. [43 U.S.C. 1739] (a) The Secretary shall [P.L.
95-514, 1978] establish advisory councils of not less
than ten and not more than fifteen members
appointed by him from among persons who are
representative of the various major citizens’ inter­
ests concerning the problems relating to land use

26 ———— Federal Land Policy and Management Act of 1976

planning or the management of the public lands
located within the area for which an advisory
council is established. At least one member of
each council shall be an elected official of general
purpose government serving the people of such
area. To the extent practicable there shall be no
overlap or duplication of such councils.
Appointments shall be made in accordance with
rules prescribed by the Secretary. The establish­
ment and operation of an advisory council estab­
lished under this section shall conform to the
requirements of the Federal Advisory Committee
Act (86 Stat. 770; 5 U. S.C. App. 1).
(b) Notwithstanding the provisions of subsection
(a) of this section, each advisory council estab­
lished by the Secretary under this section shall
meet at least once a year with such meetings being
called by the Secretary.
(c) Members of advisory councils shall serve
without pay, except travel and per diem will be
paid each member for meetings called by the
Secretary.
(d) An advisory council may furnish advice to
the Secretary with respect to the land use planning,
classification, retention, management, and disposal
of the public lands within the area for which the
advisory council is established and such other mat­
ters as may be referred to it by the Secretary.
(e) In exercising his authorities under this Act,
the Secretary, by regulation, shall establish proce­
dures, including public hearings where appropri­
ate, to give the Federal, State, and local govern­
ments 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 reg­
ulations 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 promul­
gate 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.

PUBLIC LANDS
PROGRAM REPORT
Sec. 311. [43 U.S.C. 1741] (a) For the purpose of pro­
viding information that will aid Congress in carry­
ing out its oversight responsibilities for public
lands programs and for other purposes, the
Secretary shall prepare a report in accordance with
subsections (b) and (c) and submit it to the
Congress no later than one hundred and twenty
days after the end of each fiscal year beginning
with the report for fiscal year 1979.
(b) A list of programs and specific information to
be included in the report as well as the format of
the report shall be developed by the Secretary after
consulting with the Committee on Natural
Resources of the House of Representatives and the
Committee on Energy and Natural Resources of
the Senate [P.L. 103-437, 1994] and shall be provided to
the committees prior to the end of the second quar­
ter of each fiscal year.
(c) The report shall include, but not be limited to,
program identification information, program eval­
uation information, and program budgetary infor­
mation for the preceding current and succeeding
fiscal years.

SEARCH AND RESCUE
Sec. 312. [43 U.S.C. 1742] Where in his judgment suf­
ficient search, rescue, and protection forces are not
otherwise available, the Secretary is authorized in
cases of emergency to incur such expenses as may
be necessary (a) in searching for and rescuing, or
in cooperating in the search for and rescue of, persons lost on the public lands, (b) in protecting or
rescuing, or in cooperating in the protection and
rescue of, persons or animals endangered by an act
of God, and (c) in transporting deceased persons

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 27

or persons seriously ill or injured to the nearest
place where interested parties or local authorities
are located.

SUNSHINE IN GOVERNMENT
Sec. 313. [43 U.S.C. 1743] (a) Each officer or employ­
ee of the Secretary and the Bureau who–
(1) performs any function or duty under this
Act; and
(2) has any known financial interest in any person who (A) applies for or receives any permit,
lease, or right-of-way under, or (B) applies for or
acquires any land or interests therein under, or (C)
is otherwise subject to the provisions of, this Act,
shall, beginning on February 1, 1977, annually file
with the Secretary a written statement concerning
all such interests held by such officer or employee
during the preceding calendar year. Such statement
shall be available to the public.
(b) The Secretary shall–
(1) act within ninety days after the date of
enactment of this Act–
(A) to define the term “known financial inter­
ests” for the purposes of subsection (a) of this sec­
tion; and
(B) to establish the methods by which the
requirement to file written statements specified in
subsection (a) of this section will be monitored
and enforced, including appropriate provisions for
the filing by such officers and employees of such
statements and the review by the Secretary of such
statements; and
(2) report to the Congress on June 1 of each cal­
endar year with respect to such disclosures and the
actions taken in regard thereto during the preced­
ing calendar year.
(c) In the rules prescribed in subsection (b) of
this section, the Secretary may identify specific
positions within the Department of the Interior
which are of a nonregulatory or nonpolicymaking
nature and provide that officers or employees
occupying such positions shall be exempt from the
requirements of this section.
(d) Any officer or employee who is subject to,
and knowingly violates, this section, shall be fined

not more than $2,500 or imprisoned not more than
one year, or both.

RECORDATION OF MINING
CLAIMS AND ABANDONMENT
Sec. 314. [43 U.S.C. 1744] (a) The owner of an
unpatented lode or placer mining claim located
prior to the date of this Act shall, within the threeyear period following the date of the approval of
this Act and prior to December 31 of each year
thereafter, file the instruments required by paragraphs (1) and (2) of this subsection. The owner of
an unpatented lode or placer mining claim located
after the date of this Act shall, prior to December
31 of each year following the calendar year in
which the said claim was located, file the instru­
ments required by paragraphs (1) and (2) of this
subsection:
(1) File for record in the office where the loca­
tion notice or certificate is recorded either a notice
of intention to hold the mining claim (including
but not limited to such notices as are provided by
law to be filed when there has been a suspension
or deferment of annual assessment work), an affi­
davit of assessment work performed thereon, on a
detailed report provided by the Act of September
2, 1958 (72 Stat. 1701; 30 U.S.C. 28–1), relating
thereto.
(2) File in the office of the Bureau designated
by the Secretary a copy of the official record of
the instrument filed or recorded pursuant to paragraph (1) of this subsection, including a descrip­
tion of the location of the mining claim sufficient
to locate the claimed lands on the ground.
(b) The owner of an unpatented lode or placer
mining claim or mill or tunnel site located prior to
the date of approval of this Act shall, within the
three-year period following the date of approval of
this Act, file in the office of the Bureau designated
by the Secretary a copy of the official record of
the notice of location or certificate of location,
including a description of the location of the min­
ing claim or mill or tunnel site sufficient to locate
the claimed lands on the ground. The owner of an
unpatented lode or placer mining claim or mill or
tunnel site located after the date of approval of
this Act shall, within ninety days after the date of

28 ———— Federal Land Policy and Management Act of 1976

location of such claim, file in the office of the
Bureau designated by the Secretary a copy of the
official record of the notice of location or certifi­
cate of location, including a description of the
location of the mining claim or mill or tunnel site
sufficient to locate the claimed lands on the
ground.
(c) The failure to file such instruments as
required by subsections (a) and (b) shall be
deemed conclusively to constitute an abandonment
of the mining claim or mill or tunnel site by the
owner; but it shall not be considered a failure to
file if the instrument is defective or not timely
filed for record under other Federal laws permit­
ting filing or recording thereof, or if the instrument
is filed for record by or on behalf of some but not
all of the owners of the mining claim or mill or
tunnel site.
(d) 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.

RECORDABLE DISCLAIMERS
OF INTEREST IN LAND
Sec. 315. [43 U.S.C. 1745] (a) After consulting with
any affected Federal agency, the Secretary is
authorized to issue a document of disclaimer of
interest or interests in any lands in any form suitable for recordation, where the disclaimer will
help remove a cloud on the title of such lands and
where he determines (1) a record interest of the
United States in lands has terminated by operation
of law or is otherwise invalid; or (2) the lands
lying between the meander line shown on a plat of
survey approved by the Bureau or its predecessors
and the actual shoreline of a body of water are not
lands of the United States; or (3) accreted, relicted,
or avulsed lands are not lands of the United States.
(b) No document or disclaimer shall be issued
pursuant to this section unless the applicant therefor has filed with the Secretary an application in
writing and notice of such application setting forth
the grounds supporting such application has been
published in the Federal Register at least ninety

days preceding the issuance of such disclaimer and
until the applicant therefor has paid to the
Secretary the administrative costs of issuing the
disclaimer as determined by the Secretary. All
receipts shall be deposited to the then-current
appropriation from which expended.
(c) Issuance of a document of disclaimer by the
Secretary pursuant to the provisions of this section
and regulations promulgated hereunder shall have
the same effect 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 pur­
suant to section 208 of this Act or to other Acts
relating to the disposal of public lands where nec­
essary in order to eliminate errors. In addition, the
Secretary may make corrections of errors in any
documents of conveyance which have heretofore
been issued by the Federal Government to dispose
of public lands.

MINERAL REVENUES
Sec. 317. [30 U.S.C. 191] (a) Section 35 of the Act of
February 25, 1920 (41 Stat. 437, 450; 30 U.S.C.
181, 191), as amended, is further amended to read
as follows: “All money received from sales,
bonuses, royalties, and rentals of the public lands
under the provisions of this Act and the
Geothermal Steam Act of 1970 [30 U.S.C. 1001 note.],
notwithstanding the provisions of section 20 thereof, shall be paid into the Treasury of the United
States; 50 per centum thereof shall be paid by the
Secretary of the Treasury as soon as practicable
after March 31 and September 30 of each year to
the State other than Alaska within the boundaries
of which the leased lands or deposits are or were
located; said moneys paid to any of such States on
or after January 1, 1976, to be used by such State
and its subdivisions, as the legislature of the State
may direct 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 Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 29

public facilities, and (iii) provision of public serv­
ice; and excepting those from Alaska, 40 per cen­
tum thereof shall be paid into, reserved, appropri­
ated, 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 as soon as practicable after
March 31 and September 30 of each year, 90 per
centum thereof shall be paid to the State of Alaska
for disposition by the legislature thereof: Provided,
That all moneys which may accrue to the United
States under the provisions of this Act and the
Geothermal Steam Act of 1970 [30 U.S.C. 1001 note.]
from lands within the naval petroleum reserves
shall be deposited in the Treasury as ‘miscella­
neous receipts’, as provided by the Act of June 4,
1920 (41 Stat. 813), as amended June 30, 1938 (52
Stat. 1252). All moneys received under the provi­
sions of this Act and the Geothermal Steam Act of
1970 not otherwise disposed of by this section
shall be credited to miscellaneous receipts.”
(b) Funds now held pursuant to said section 35
by the States of Colorado and
Utah separately from the Department of the
Interior oil shale test leases known as C-A; C-B;
U-A and U-B shall be used by such States and
subdivisions as the legislature of each State may
direct giving priority to those subdivisions socially
or economically impacted by the development of
minerals leased under this Act for (1) planning, (2)
construction and maintenance of public facilities,
and (3) provision of public services.
[30 U.S.C. 191 note.]

[43 U.S.C. 1747](c)(1)

The Secretary is authorized to
make loans to States and their political subdivi­
sions in order to relieve social or economic
impacts occasioned by the development of miner­
als leased in such States pursuant to the Act of
February 25, 1920, as amended [30 U.S.C. 181 et
seq.]. Such loans shall be confined to the uses
specified for the 50 per centum of mineral leasing
revenues to be received by such States and subdi­
visions pursuant to section 35 of such Act [30
U.S.C. 191].
(2) The total amount of loans outstanding pur­
suant to this subsection for any State and political
subdivisions thereof in any year shall be not more
than the anticipated mineral leasing revenues to

be received by that State pursuant to section 35 of
the Act of February 25, 1920, as amended [30
U.S.C. 191], for the ten years following.
(3) The Secretary, after consultation with
the Governors of the affected States, shall allocate
such loans among the States and their political
subdivisions in a fair and equitable manner, giving
priority to those States and subdivisions suffering
the most severe impacts.
(4) Loans made pursuant to this subsection
shall be subject to such terms and conditions as
the Secretary determines necessary to assure the
achievement of the purpose of this subsection. The
Secretary shall promulgate such regulations as
may be necessary to carry out the provisions of
this subsection no later than three months after
August 20, 1978.
(5) 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) 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) 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 nonFederal share for such project or program and
which provides planning or public facilities otherwise eligible for assistance under this subsection.
(8) Nothing in this subsection shall be con­
strued to preclude any forbearance for the benefit
of the borrower including loan restructuring,
which may be determined by the Secretary as justi­
fied by the failure of anticipated mineral develop­
ment or related revenues to materialize as expect­
ed when the loan was made pursuant to this subsection.

30 ———— Federal Land Policy and Management Act of 1976

(9) Recipients of loans made pursuant to this
subsection shall keep such records as the
Secretary shall prescribe by regulation, including
records which fully disclose the disposition of the
proceeds of such assistance and such other
records as the Secretary may require to facilitate
an effective audit. The Secretary and the
Comptroller General of the United States or their
duly authorized representatives shall have access,
for the purpose of audit, to such records.
(10) No person in the United States shall, on
the grounds of race, color, religion, national ori­
gin, or sex be excluded from participation in, be
denied the benefits of, or be subjected to discrimi­
nation under, any program or activity funded in
whole or part with funds made available under
this subsection.
(11) All amounts collected in connection with
loans made pursuant to this subsection, including
interest payments or repayments of principal on
loans, fees, and other moneys, derived in connec­
tion with this subsection, shall be deposited in the
Treasury as miscellaneous receipts. [P.L. 95-352, 1978]

APPROPRIATION
AUTHORIZATION
Sec. 318. [43 U.S.C. 1748] (a) There are hereby
authorized to be appropriated such sums as are
necessary to carry out the purposes and provi­
sions of this Act, but no amounts shall be
appropriated to carry out after October 1,
2002 [P.L. 104-333, 1996], any program, function, or
activity of the Bureau under this or any other
Act unless such sums are specifically author­
ized to be appropriated as of October 21,
1976, or are authorized to be appropriated in
accordance with the provisions of subsection
(b) of this section.

(b) Consistent with section 607 of the
Congressional Budget Act of 1974 [31 U.S.C. 1110],
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 appropria­
tions for all programs, functions, and activities of
the Bureau to be carried out during the four-fiscalyear period beginning on October 1 of the calendar
year following the calendar year in which such
request is submitted. The Secretary shall include in
his request, in addition to the information con­
tained in his budget request and justification state­
ment to the Office of Management and Budget, the
funding levels which he determines can be effi­
ciently and effectively utilized in the execution of
his responsibilities for each such program, func­
tion, or activity, notwithstanding any budget
guidelines or limitations imposed by any official
or agency of the executive branch.
(c) Nothing in this section shall apply to the dis­
tribution of receipts of the Bureau from the dispos­
al 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 nonFederal sources, and funds expended for emer­
gency firefighting and rehabilitation.
(d) In exercising the authority to acquire by pur­
chase granted by subsection (a) of section 205 of
this Act, the Secretary may use the Land and
Water Conservation Fund to purchase lands which
are necessary for proper management of public
lands which are primarily of value for outdoor
recreation purposes.

TITLE IV

RANGE MANAGEMENT

GRAZING FEES
Sec. 401. [43 U.S.C. 1751] (a) The Secretary of
Agriculture and the Secretary of the Interior shall
jointly cause to be conducted a study to determine
the value of grazing on the lands under their juris­
diction 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 per­
mits and leases on such lands. In making such
study, the Secretaries shall take into consideration
the costs of production normally associated with
domestic livestock grazing in the eleven Western
States, differences in forage values, and such other
factors as may relate to the reasonableness of such
fees. The Secretaries shall report the result of such
study to the Congress not later than one year from
and after the date of approval of this Act, together
with recommendations to implement a reasonable
grazing fee schedule based upon such study. If the
report required herein has not been submitted to
the Congress within one year after the date of
approval of this Act, the grazing fee charge then in
effect shall not be altered and shall remain the
same until such report has been submitted to the
Congress. Neither Secretary shall increase the
grazing fee in the 1977 grazing year.
(b) (1) Congress finds that a substantial amount
of the Federal range lands is deteriorating in quali­
ty, and that installation of additional range
improvements could arrest much of the continuing
deterioration and could lead to substantial better­
ment of forage conditions with resulting benefits
to wildlife, watershed protection, and livestock
production. Congress therefore directs that 50 per
centum or $10,000,000 per annum, whichever is
greater [P.L. 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 [P.L.
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 for­
est from which such moneys were derived, as the
respective Secretary may direct after consultation
with district, regional, or national forest user rep­
resentatives, 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, pro­
tection, and improvements as the Secretary con­
cerned directs. Any funds so appropriated shall be
in addition to any other appropriations made to the
respective Secretary for planning and administra­
tion 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, seed­
ing and reseeding, fence construction, weed con­
trol, water development, and fish and wildlife
habitat enhancement as the respective Secretary
may direct after consultation with user representa­
tives. The annual distribution and use of range bet­
terment funds authorized by this paragraph shall
not be considered a major Federal action requiring
a detailed statement pursuant to section 4332(c) of
title 42 of the United States Code.
(2) The first clause of section 10 (b) of the
Taylor Grazing Act (48 Stat. 1269), as amended by
the Act of August 6, 1947 (43 U.S.C. 315i), [43
U.S.C. 1751] is hereby repealed. All distributions of
moneys made under section (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

32 ———— Federal Land Policy and Management Act of 1976

remaining moneys received by the United States
as fees for grazing domestic livestock on the pub­
lic lands shall be deposited in the Treasury as mis­
cellaneous receipts.
(3) Section 3 of the Taylor Grazing Act, [43 U.S.C.
amended (43 U.S.C. 315), is further amended
by–

315b] as

(a) Deleting the last clause of the first sentence
thereof, which begins with “and in fixing,” delet­
ing the comma after “time,” and adding to that
first sentence the words “in accordance with gov­
erning law.”
(b) Deleting the second sentence thereof.

GRAZING LEASES
AND PERMITS
Sec. 402. [43 U.S.C. 1752] (a) 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 [P.L. 95-914,
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 con­
cerned 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 sus­
pend 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) 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 com­
pleted land use plans or court ordered environ­
mental 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. [P.L. 95-914, 1978]
(c) So long as (1) the lands for which the permit
or lease is issued remain available for domestic
livestock grazing in accordance with land use
plans prepared pursuant to section 202 of this Act
or section 5 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (88
Stat. 477; 16 U.S.C. 1601), (2) the permittee or
lessee is in compliance with the rules and regula­
tions issued and the terms and conditions in the
permit or lease specified by the Secretary con­
cerned, and (3) the permittee or lessee accepts the
terms and conditions to be included by the
Secretary concerned in the new permit or lease,
the holder of the expiring permit or lease shall be
given first priority for receipt of the new permit or
lease.
(d) All permits and leases for domestic livestock
grazing issued pursuant to this section may incor­
porate 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 develop­
ment and incorporation of allotment management
plans. If the Secretary concerned elects to develop
an allotment management plan for a given area,
he shall do so in careful and considered consulta­
tion, cooperation and coordination with the
lessees, permittees, and landowners involved, the
district grazing advisory boards established pur­
suant to section 403 of the Federal Land Policy
and Management Act (43 U.S.C. 1753), and any
State or States having lands within the area to be

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 33

covered by such allotment management plan.
Allotment management plans shall be tailored to
the specific range condition of the area to be cov­
ered by such plan, and shall be reviewed on a
periodic basis to determine whether they have
been effective in improving the range condition of
the lands involved or whether such lands can be
better managed under the provisions of subsection
(e) of this section. The Secretary concerned may
revise or terminate such plans or develop new
plans from time to time after such review and
careful and considered consultation, cooperation
and coordination with the parties involved. As
used in this subsection, the terms “court ordered
environmental impact statement” and “range con­
dition” shall be defined as in the “Public
Rangelands Improvement Act of 1978(43 U.S.C.
1901 et seq.)”. [P.L. 95-514, 1978]
(e) In [P.L. 95-514, 1978] all cases where the
Secretary concerned has not completed an allot­
ment management plan or determines that an allot­
ment management plan is not necessary for man­
agement of livestock operations and will not be
prepared, the Secretary concerned shall incorpo­
rate in grazing permits and leases such terms and
conditions as he deems appropriate for manage­
ment of the permitted or leased lands pursuant to
applicable law. The Secretary concerned shall also
specify therein the numbers of animals to be
grazed and the seasons of use and that he may
reexamine the condition of the range at any time
and, if he finds on reexamination that the condi­
tions of the range requires adjustment in the
amount or other aspect of grazing use, that the per­
mittee or lessee shall adjust his use to the extent
the Secretary concerned deems necessary. Such
readjustment shall be put into full force and effect
on the date specified by the Secretary concerned.
(f) Allotment management plans shall not refer to
livestock operations or range improvements on
non-Federal lands except where the non-Federal
lands are intermingled with, or, with the consent of
the permittee or lessee involved, associated with,
the Federal lands subject to the plan. The
Secretary concerned under appropriate regulations
shall grant to lessees and permittees the right of
appeal from decisions which specify the terms and
conditions of allotment management plans. The

preceding sentence of this subsection shall not be
construed as limiting any other right of appeal
from decisions of such officials.
(g) 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 dis­
posal, the permittee or lessee shall receive from
the United States a reasonable compensation for
the adjusted value, to be determined by the
Secretary concerned, of his interest in authorized
permanent improvements placed or constructed by
the permittee or lessee on lands covered by such
permit or lease, but not to exceed the fair market
value of the terminated portion of the permittee’s
or lessee’s interest therein. Except in cases of
emergency, no permit or lease shall be canceled
under this subsection without two years’ prior noti­
fication.
(h) Nothing in this Act shall be construed as
modifying in any way law existing on the date of
approval of this Act with respect to the creation of
right, title, interest or estate in or to public lands or
lands in National Forests by issuance of grazing
permits and leases.

GRAZING ADVISORY BOARDS
Sec. 403. [43 U.S.C. 1753] (a) For each Bureau district
office and National Forest headquarters office in
the sixteen [P.L. 95-514, 1978] contiguous Western
States having jurisdiction over more than five hun­
dred thousand acres of lands subject to commer­
cial livestock grazing (hereinafter in this section
referred to as “office”), the Secretary and the
Secretary of Agriculture, upon the petition of a
simple majority of the livestock lessees and per­
mittees under the jurisdiction of such office, shall
establish and maintain at least one grazing adviso­
ry board of not more than fifteen advisers.
(b) The function of grazing advisory boards
established pursuant to this section shall be to
offer advice and make recommendations to the
head of the office involved concerning the devel­
opment of allotment management plans and the
utilization of range-betterment funds.
(c) The number of advisers on each board and
the number of years an adviser may serve shall be

34 ———— Federal Land Policy and Management Act of 1976

determined by the Secretary concerned in his dis­
cretion. Each board shall consist of livestock rep­
resentatives who shall be lessees or permittees in
the area administered by the office concerned and
shall be chosen by the lessees and permittees in
the area through an election prescribed by the
Secretary concerned.
(d) Each grazing advisory board shall meet at
least once annually.
(e) 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)
shall apply to grazing advisory boards.
(f) The provisions of this section shall expire
December 31, 1985.

MANAGEMENT OF CERTAIN
HORSES AND BURROS
Sec. 404. Sections 9 and 10 of the Act of
December 15, 1971 (85 Stat. 649, 651; 16 U.S.C.
1331, 1339–1340) are renumbered as sections 10
and 11, respectively, and the following new sec­
tion is inserted after section 8:

“Sec. 9. [16 U.S.C. 1338a] In administering this Act,
the Secretary may use or contract for the use of
helicopters or, for the purpose of transporting cap­
tured animals, motor vehicles. Such use shall be
undertaken only after a public hearing and under
the direct supervision of the Secretary or of a duly
authorized official or employee of the Department.
The provisions of subsection (a) of the Act of
September 8, 1959 (73 Stat. 470; 18 U.S.C. 47(a))
shall not be applicable to such use. Such use shall
be in accordance with humane procedures prescribed by the Secretary.”
[16 U.S.C. 1338a Note: Subsequent amendments were made to this
section in 1996 concerning management of the National Park
System.]

TITLE V

RIGHTS-OF-WAY

AUTHORIZATION TO GRANT
RIGHTS-OF-WAY
Sec. 501. [43 U.S.C. 1761] (a) The Secretary, with
respect to the public lands (including public lands,
as defined 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)) [P.L. 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-or-way
over, upon, under, or through such lands for–
(1) reservoirs, canals, ditches, flumes, laterals,
pipes, pipelines, tunnels, and other facilities and
systems for the impoundment, storage, transporta­
tion, or distribution of water;
(2) pipelines and other systems for the trans­
portation or distribution of liquids and gases, other
than water and other than oil, natural gas, synthet­
ic liquid or gaseous fuels, or any refined product
produced therefrom, and for storage and terminal
facilities in connection therewith;
(3) pipelines, slurry and emulsion systems, and
conveyor belts for transportation and distribution
of solid materials, and facilities for the storage of
such materials in connection therewith;
(4) systems for generation, transmission, and
distribution of electric energy, except that the
applicant shall also comply with all applicable
requirements of the Federal Energy Regulatory
Commission under the Federal Power Act, includ­
ing part I thereof (41 Stat. 1063, 16 U.S.C. 791a825r) [P.L. 102-486, 1992];
(5) systems for transmission or reception of
radio, television, telephone, telegraph, and other
electronic signals, and other means of communica­
tion;
(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 inter­
est and which require rights-of-way over, upon,
under, or through such lands.
(b) (1) The Secretary concerned shall require,
prior to granting, issuing, or renewing a right-ofway, that the applicant submit and disclose those
plans, contracts, agreements, or other information
reasonably related to the use, or intended use, of
the right-of-way, including its effect on competi­
tion, which he deems necessary to a determination,
in accordance with the provisions of this Act, as to
whether a right-of-way shall be granted, issued, or
renewed and the terms and conditions which
should be included in the right-of-way.
(2) If the applicant is a partnership, corporation,
association, or other business entity, the Secretary
concerned, prior to granting a right-to-way pur­
suant to this title, shall require the applicant to dis­
close the identity of the participants in the entity,
when he 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 dis­
closures shall include, where applicable: (A) the
name and address of each partner; (B) the name
and address of each share-holder owning 3 per
centum or more of the shares, together with the
number and percentage of any class of voting
shares of the entity which such shareholder is
authorized to vote; and (C) the name and address
of each affiliate of the entity together with, in the
case of an affiliate controlled by the entity, the
number of shares and the percentage of any class
of voting stock of that affiliate owned, directly or
indirectly, by that entity, and, in the case of an
affiliate which controls that entity, the number of
shares and the percentage of any class of voting

36 ———— Federal Land Policy and Management Act of 1976

stock of that entity owned, directly or indirectly,
by the affiliate.
(3) The Secretary of Agriculture shall have the
authority to administer all rights-of-way granted
or issued under authority of previous Acts with
respect to lands under the jurisdiction of the
Secretary of Agriculture, including rights-of-way
granted or issued pursuant to authority given to
the Secretary of the Interior by such previous Acts.
[P.L. 99-545, 1986]

(c) (1) Upon receipt of a written application
pursuant to paragraph (2) of this subsection from
an applicant meeting the requirements of this subsection, the Secretary of Agriculture shall issue a
permanent easement, without a requirement for
reimbursement, for a water system as described in
subsection (a)(1) of this section, traversing
Federal lands within the National Forest System
(‘National Forest Lands’), constructed and in
operation or placed into operation prior to
October 21, 1976, if –
(A) the traversed National Forest lands are in
a State where the appropriation doctrine governs
the ownership of water rights;
(B) at the time of submission of the application
the water system is used solely for agricultural
irrigation or livestock watering purposes;
(C) the use served by the water system is not
located solely on Federal lands;

previous Act. To the extent any such previous grant
of right-of-way is a valid existing right, it shall
remain in full force and effect unless an owner
thereof notifies the Secretary of Agriculture that
such owner elects to have a water system on such
right-of-way governed by the provision of this subsection and submits a written application for
issuance of an easement pursuant to this subsec­
tion, in which case upon the issuance of an ease­
ment pursuant to this subsection such previous
grant shall be deemed to have been relinquished
and shall terminate.
(B) Easements issued under the authority of
this subsection shall be fully transferable with all
existing conditions and without the imposition of
fees or new conditions or stipulations at the time
of transfer. The holder shall notify the Secretary of
Agriculture within sixty days of any address
change of the holder or change in ownership of
the facilities.
(C) Easements issued under the authority of
this subsection shall include all changes or modi­
fications 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 author­
ized under this subsection.

(G) the applicant submits such application on
or before December 31, 1996.

(3) (A) Except as otherwise provided in this
subsection, the Secretary of Agriculture may termi­
nate or suspend an easement issued pursuant to
this subsection in accordance with the procedural
and other provisions of section 506 [43 U.S.C. 1766] 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 fiveyear period shall constitute a rebuttable presump­
tion of abandonment of the facilities comprising
such system.

(2) (A) Nothing in this subsection shall be
construed as affecting any grants made by any

(B) Nothing in this subsection shall be deemed
to be an assertion by the United States of any right

(D) the originally constructed facilities com­
prising 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

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 37

or claim with regard to the reservation, acquisi­
tion, 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, diver­
sion, or use of water for any purpose (nor to
diminish any such power to authority of such
Secretary under applicable law) or to require the
conveyance or transfer to the United States of any
right or claim to the appropriation, diversion, or
use of water.
(C) Except as otherwise provided in this subsection, all rights-of-way issued pursuant to this
subsection are subject to all conditions and
requirements of this Act.
(D) In the event a right-of-way issued pursuant
to this subsection is allowed to deteriorate to the
point of threatening persons or property and the
holder of the right-of-way, after consultation with
the Secretary of Agriculture, refuses to perform the
repair and maintenance necessary to remove the
threat to persons or property, the Secretary shall
have the right to undertake such repair and main­
tenance on the right-of-way and to assess the
holder for the costs of such repair and mainte­
nance, regardless of whether the Secretary had
required the holder to furnish a bond or other
security pursuant to subsection (i) of this section.
[P.L. 99-545, 1986]

(d) 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 enactment of
this subsection, 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. [P.L. 102-486, 1992]

COST-SHARE ROAD
AUTHORIZATION
Sec. 502. [43 U.S.C. 1762] (a) 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 loca­
tions and according to specifications which will
permit maximum economy in harvesting timber
from such lands tributary to such roads and at the
same time meet the requirements for protection,
development, and management of such lands for
utilization of the other resources thereof.
Financing of such roads may be accomplished (1)
by the Secretary utilizing appropriated funds, (2)
by requirements on purchasers of timber and other
products from the public lands, including provi­
sions for amortization of road costs in contracts,
(3) by cooperative financing with other public
agencies and with private agencies or persons, or
(4) by a combination of these methods: Provided,
That, where roads of a higher standard than that
needed in the harvesting and removal of the timber
and other products covered by the particular sale
are to be constructed, the purchaser of timber and
other products from public lands shall not, except
when the provisions of the second proviso of this
subsection apply, be required to bear that part of
the costs necessary to meet such higher standard,
and the Secretary is authorized to make such
arrangements to this end as may be appropriate:
Provided further, That when timber is offered with
the condition that the purchaser thereof will build
a road or roads in accordance with standards speci­
fied in the offer, the purchaser of the timber will
be responsible for paying the full costs of con­
struction of such roads.
(b) Copies of all instruments affecting permanent
interests in land executed pursuant to this section
shall be recorded in each county where the lands
are located.
(c) The Secretary may require the user or users
of a road, trail, land, or other facility administered
by him through the Bureau, including purchasers
of Government timber and other products, to
maintain such facilities in a satisfactory condition
commensurate with the particular use requirements

38 ———— Federal Land Policy and Management Act of 1976

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 recon­
struction by a user would not be practical, then the
Secretary may require that sufficient funds be
deposited by the user to provide his portion of
such total maintenance or reconstruction. Deposits
made to cover the maintenance or reconstruction
of roads are hereby made available until expended
to cover the cost to the United States of accom­
plishing the purposes for which deposited:
Provided, That deposits received for work on adja­
cent and overlapping areas may be combined
when it is the most practicable and efficient man­
ner 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 trans­
ferred to miscellaneous receipts or refunded.
(d) Whenever the agreement under which the
United States has obtained for the use of, or in
connection with, the public lands a right-of-way or
easement for a road or an existing road or the right
to use an existing road provides for delayed pay­
ments 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
Sec. 503. [43 U.S.C. 1763] In order to minimize
adverse environmental impacts and the prolifera­
tion of separate rights-of-way, the utilization of
rights-of-way in common shall be required to the
extent practical, and each right-of-way or permit
shall reserve to the Secretary concerned the right
to grant additional rights-of-way or permits for
compatible uses on or adjacent to rights-of-way
granted pursuant to this Act. In designating rightof-way corridors and in determining whether to
require that rights-of-way be confined to them, the
Secretary concerned shall take into consideration

national and State land use policies, environmental
quality, economic efficiency, national security,
safety, and good engineering and technological
practices. The Secretary concerned shall issue reg­
ulations containing the criteria and procedures he
will use in designating such corridors. Any exist­
ing transportation and utility corridors may be des­
ignated as transportation and utility corridors pur­
suant to this subsection without further review.

GENERAL PROVISIONS
Sec. 504. [43 U.S.C. 1764] (a) The Secretary concerned
shall specify the boundaries of each right-of-way
as precisely as is practical. Each right-of-way shall
be limited to the ground which the Secretary con­
cerned determines (1) will be occupied by facili­
ties 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 pub­
lic safety, and (4) will do no unnecessary damage
to the environment. The Secretary concerned may
authorize the temporary use of such additional
lands as he determines to be reasonably necessary
for the construction, operation, maintenance, or
termination of the project or a portion thereof, or
for access thereto.
(b) Each right-of-way or permit granted, issued,
or renewed pursuant to this section shall be limited
to a reasonable term in light of all circumstances
concerning the project. In determining the duration
of a right-of-way the Secretary concerned shall,
among other things, take into consideration the
cost of the facility, its useful life, and any public
purpose it serves. The right-of-way shall specify
whether it is or is not renewable and the terms and
conditions applicable to the renewal.
(c) Rights-of-way shall be granted, issued, or
renewed pursuant to this title under such regula­
tions 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, con­
struction, maintenance, transfer or assignment, and
termination.

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 39

(d) The Secretary concerned prior to granting or
issuing a right-of-way pursuant to this title for a
new project which may have a significant impact
on the environment, shall require the applicant to
submit a plan of construction, operation, and reha­
bilitation for such right-of-way which shall com­
ply with stipulations or with regulations issued by
that Secretary, including the terms and conditions
required under section 505 of this Act.
(e) The Secretary concerned shall issue regula­
tions with respect to the terms and conditions that
will be included in rights-of-way pursuant to sec­
tion 505 of this title. Such regulations shall be reg­
ularly revised as needed. Such regulations shall be
applicable to every right-of-way granted or issued
pursuant to this title and to any subsequent renew­
al thereof, and may be applicable to rights-of-way
not granted or issued, but renewed pursuant to this
title.
(f) Mineral and vegetative materials, including
timber, within or without a right-of-way, may be
used or disposed of in connection with construc­
tion or other purposes only if authorization to
remove or use such materials has been obtained
pursuant to applicable laws or for emergency
repair work necessary for those rights-of-way
authorized under section 501(c) of this Act. [P.L. 99545, 1986]

(g) 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 con­
cerned 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 cover­
ing more than one year if the annual fee is greater
than one hundred dollars. The Secretary con­
cerned 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 con­
nection with a cooperative cost share program
between the United States and the holder. [P.L. 99545, 1986] The Secretary concerned may, by regula­
tion or prior to promulgation of such regulations,
as a condition of a right-of-way, require an appli­
cant for or holder of a right-of-way to reimburse

the United States for all reasonable administrative
and other costs incurred in processing an applica­
tion for such right-of-way and in inspection and
monitoring of construction, operation, and termi­
nation of the facility pursuant to such right-ofway: Provided, however, That the Secretary con­
cerned need not secure reimbursement in any situ­
ation 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-ofway may be granted, issued, or renewed to a
Federal, State, or local government or any agency
or instrumentality thereof, to nonprofit associa­
tions or nonprofit corporations which are not
themselves controlled or owned by profit making
corporations or business enterprises, or to a holder
where he provides without or at reduced charges a
valuable benefit to the public or to the programs of
the Secretary concerned, or to a holder in connec­
tion with the authorized use or occupancy of
Federal land for which the United States is already
receiving compensation for such lesser charge,
including free use as the Secretary concerned finds
equitable and in the public interest. Such rights-ofway 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 appropri­
ated and made available until expended. Rightsof-way shall be granted, issued, or renewed, without rental fees, for electric or telephone facilities,
eligible for financing pursuant to the Rural
Electrification Act of 1936, as amended [7 U.S.C.
901 et seq.], determined without regard to any
application requirement under that Act, [P.L. 104-333,
1996] or any extensions from such facilities:
Provided, That nothing in this sentence shall be
construed to affect the authority of the Secretary
granting, issuing, or renewing the right-of-way to
require reimbursement of reasonable administra­
tive and other costs pursuant to the second sen­
tence of this subsection. [P.L. 98-300, 1984]
[43 U.S.C. 1764 Note: effective date shall apply with respect to
rights-of-way leases held on or after the date of enactment of this
Act. [P.L. 104-333, 1996]]

40 ———— Federal Land Policy and Management Act of 1976

(h) (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 lia­
bility without fault shall include a maximum limi­
tation on damages commensurate with the foreseeable risks or hazards presented. Any liability for
damage or injury in excess of this amount shall be
determined by ordinary rules of negligence.
(i) Where he deems it appropriate, the Secretary
concerned may require a holder of a right-of-way
to furnish a bond, or other security, satisfactory to
him to secure all or any of the obligations imposed
by the terms and conditions of the right-of-way or
by any rule or regulation of the Secretary con­
cerned.
(j) The Secretary concerned shall grant, issue, or
renew a right-of-way under this title only when he
is satisfied that the applicant has the technical and
financial capability to construct the project for
which the right-of-way is requested, and in accord
with the 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 fish and wildlife habitat
and otherwise protect the environment; (iii)
require compliance with applicable air and water
quality standards established by or pursuant to
applicable Federal or State law; and (iv) require
compliance with State standards for public health
and safety, environmental protection, and siting,
construction, operation, and maintenance of or
for rights-of-way for similar purposes if those

standards are more stringent than applicable
Federal standards; and
(b) such terms and conditions as the Secretary
concerned deems necessary to (i) protect Federal
property and economic interests; (ii) manage effi­
ciently the lands which are subject to the right-ofway or adjacent thereto and protect the other law­
ful users of the lands adjacent to or traversed by
such right-of-way; (iii) protect lives and property;
(iv) protect the interests of individuals living in the
general area traversed by the right-of-way who
rely on the fish, wildlife, and other biotic
resources of the area for subsistence purposes; (v)
require location of the right-of-way along a route
that will cause least damage to the environment,
taking into consideration feasibility and other rele­
vant factors; and (vi) otherwise protect the public
interest in the lands traversed by the right-of-way
or adjacent thereto.

SUSPENSION OR
TERMINATION OF
RIGHTS-OF-WAY
Sec. 506. [43 U.S.C. 1766] Abandonment of a right-ofway 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
justified. No administrative proceeding shall be
required where the right-of-way by its terms pro­
vides that it terminates on the occurrence of a
fixed or agreed-upon condition, event, or time. If
the Secretary concerned determines that an imme­
diate temporary suspension of activities within a
right-of-way for violation of its terms and condi­
tions is necessary to protect public health or safety
or the environment, he may abate such activities
prior to an administrative proceeding. Prior to
commencing any proceeding to suspend or termi­
nate a right-of-way the Secretary concerned shall
give written notice to the holder of the grounds for

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 41

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 regula­
tion as the case may be. Failure of the holder of
the right-of-way to use the right-of-way for the
purpose for which it was granted, issued, or
renewed, for any continuous five-year period, shall
constitute a rebuttable presumption of abandon­
ment of the right-of-way, except that where the
failure of the holder to use the right-of-way for the
purpose for which it was granted, issued, or
renewed for any continuous five-year period is due
to circumstances not within the holder’s control,
the Secretary concerned is not required to com­
mence proceedings to suspend or terminate the
right-of-way.

RIGHTS-OF-WAY FOR
FEDERAL 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 him, subject to
such terms and conditions as he may impose.
(b) Where a right-of-way has been reserved for
the use of any department or agency of the United
States, the Secretary shall take no action to termi­
nate, or otherwise limit, that use without the consent of the head of such department or agency.

CONVEYANCE OF LANDS
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 con­
veyed 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 car­
ried out, the terms and conditions of the right-ofway complied with, or the lands protected, he shall
(a) reserve to the United States that portion of the
lands which lies within the boundaries of the right-

of-way, or (b) convey the lands, including that por­
tion 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 termina­
tion and to collect rents.

EXISTING RIGHTS-OF-WAY
Sec. 509. [43 U.S.C. 1769] (a) Nothing in this title shall
have the effect of terminating any right-of-way or
right-of-use heretofore issued, granted, or permit­
ted. 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 rightof-way under this title for a railroad and appur­
tenant communication facilities in connection with
a realinement of a railroad on lands under his
jurisdiction by virtue of a right-of-way granted by
the United States, he may, when he considers it to
be in the public interest and the lands involved are
not within an incorporated community and are of
approximately equal value, notwithstanding the
provisions of this title, provide in the new right-ofway the same terms and conditions as applied to
the portion of the existing right-of-way relin­
quished to the United States with respect to the
payment of annual rental, duration of the right-ofway, and the nature of the interest in lands granted.
The Secretary concerned or his delegate shall take
final action upon all applications for the grant,
issue, or renewal of rights-of-way under subsec­
tion (b) of this section no later than six months
after receipt from the applicant of all information
required from the applicant by this title.

EFFECT ON OTHER LAWS
Sec. 510. [43 U.S.C. 1770] (a) Effective on and after
the date of approval of this Act, 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 provi­
sions, limitations, and conditions of this title:

42 ———— Federal Land Policy and Management Act of 1976

Provided, That nothing in this title shall be con­
strued as affecting or modifying the provisions of
the Act of October 13, 1964 (78 Stat. 1089; 16
U.S.C. 532–538) and in the event of conflict with,
or inconsistency between, this title and the Act of
October 13, 1964, the latter shall prevail: Provided
further, That nothing in this Act should be con­
strued as making it mandatory that, with respect to
forest roads, the Secretary of Agriculture limit
rights-of-way grants or their term of years or
require disclosure pursuant to Section 501 (b) or
impose any other condition contemplated by this
Act that is contrary to present practices of that
Secretary under the Act of October 13, 1964. Any
pending application for a right-of-way under any
other law on the effective date of this section shall
be considered as an application under this title.
The Secretary concerned may require the applicant
to submit any additional information he deems
necessary to comply with the requirements of this
title.
(b) Nothing in this title shall be construed to pre­
clude 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.
(c) (1) Nothing in this title shall be construed as
exempting any holder of a right-of-way issued
under this title from any provision of the antitrust
laws of the United States.

(2) For the purposes of this subsection, the term
“antitrust laws” includes the Act of July 2, 1890
(26 Stat. 15 U.S.C. 1 et seq.); the Act of October
15, 1914 (38 Stat. 730, 15 U.S.C. 12 et seq.); the
Federal Trade Commission Act (38 Stat. 717; 15
U.S.C. 41 et seq.); and sections 73 and 74 of the
Act of August 27, 1894. [15 U.S.C. 8, 9]

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, certificate, or other authority for a project
which involve a right-of-way over, upon, under, or
through public land or National Forest System
lands must simultaneously apply to the Secretary
concerned for the appropriate authority to use pub­
lic lands or National Forest System lands and sub­
mit to the Secretary concerned all information fur­
nished to the other Federal department or agency.

TITLE VI

DESIGNATED MANAGEMENT AREAS

CALIFORNIA DESERT
CONSERVATION AREA
Sec. 601. [43 U.S.C. 1781] (a) The Congress finds that–
(1) the California desert contains historical, sce­
nic, archeological, environmental, biological, cul­
tural, scientific, educational, recreational, and eco­
nomic resources that are uniquely located adjacent
to an area of large population;
(2) the California desert environment is a total
ecosystem that is extremely fragile, easily scarred,
and slowly healed;
(3) the California desert environment and its
resources, including certain rare and endangered
species of wildlife, plants, and fishes, and numer­
ous 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 popu­
lation 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 off-road recreational vehicles;
(5) the Secretary has initiated a comprehensive
planning process and established an interim man­
agement 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 opportu­
nity to participate in such planning and manage­
ment, and additional management authority must

be provided to the Secretary to facilitate effective
implementation of such planning and management.
(b) It is the purpose of this section to provide for
the immediate and future protection and adminis­
tration of the public lands in the California desert
within the framework of a program of multiple use
and sustained yield, and the maintenance of envi­
ronmental quality.
(c) (1) For the purpose of this section, the term
“California desert” means the area generally
depicted on a map entitled “California Desert
Conservation Area—Proposed” dated April 1974,
and described as provided in subsection (c) (2).
(2) As soon as practicable after the date of
approval of this Act, the Secretary shall file a
revised map and a legal description of the
California Desert Conservation Area with the
Committees on Interior and Insular Affairs of the
United States Senate and the House of
Representatives, and such map and description
shall have the same force and effect as if included
in this Act. Correction of clerical and typographi­
cal errors in such legal description and a map may
be made by the Secretary. To the extent practica­
ble, the Secretary shall make such legal descrip­
tion and map available to the public promptly
upon request.
(d) The Secretary, in accordance with section 202
of this Act, shall prepare and implement a compre­
hensive, 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) During the period beginning on the date of
approval of this Act and ending on the effective

44 ———— Federal Land Policy and Management Act of 1976

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 cen­
ters, and to provide for a uniformed desert ranger
force.
(f) Subject to valid existing rights, nothing in this
Act shall affect the applicability of the United
States mining laws on the public lands within the
California Desert Conservation Area, except that
all mining claims located on public lands within
the California Desert Conservation Area shall be
subject to such reasonable regulations as the
Secretary may prescribe to effectuate the purposes
of this section. Any patent issued on any such min­
ing claim shall recite this limitation and continue
to be subject to such regulations. Such regulations
shall provide for such measures as may be reasonable to protect the scenic, scientific, and environ­
mental values of the public lands of the California
Desert Conservation Area against undue impair­
ment, and to assure against pollution of the
streams and waters within the California Desert
Conservation Area.
(g) (1) The Secretary, within sixty days after the
date of approval of this Act, shall establish a
California Desert Conservation Area Advisory
Committee (hereinafter referred to as “advisory
committee”) in accordance with the provisions of
section 309 of this Act.
(2) It shall be the function of the advisory com­
mittee to advise the Secretary with respect to the
preparation and implementation of the comprehen­
sive, long-range plan required under subsection (d)
of this section.
(h) The Secretary of Agriculture and the
Secretary of Defense shall manage lands within
their respective jurisdictions located in or adjacent
to the California Desert Conservation Area, in
accordance with the laws relating to such lands
and wherever practicable, in a manner consonant
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, includ­
ing a program of law enforcement in accordance
with applicable authorities to protect the archeo­
logical and other values of the California Desert
Conservation Area and adjacent lands.
(i) The Secretary shall report to the Congress no
later than two years after the date of approval of
this Act, and annually thereafter, on the progress
in, and any problems concerning, the implementa­
tion of this section, together with any recommen­
dations, which he may deem necessary, to remedy
such problems.
(j) There are authorized to be appropriated for
fiscal years 1977 through 1981 not to exceed
$40,000,000 for the purpose of this section, such
amount to remain available until expended.

KING RANGE
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 subsec­
tion (a) of this section, the land identified 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 inves­
tigation area referred to in the first section of this
Act.”

BUREAU OF LAND
MANAGEMENT
WILDERNESS STUDY
Sec. 603. [43 U.S.C. 1782] (a) Within fifteen years after
the date of approval of this Act, the Secretary shall
review those roadless areas of five thousand acres
or more and roadless islands of the public lands,
identified during the inventory required by section
201(a) of this Act as having wilderness character­
istics described in the Wilderness Act of
September 3, 1964 (78 Stat. 890; 16 U.S.C. 1131
et seq.) and shall from time to time report to the
President his recommendation as to the suitability

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 45

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 miner­
al surveys to be conducted by the United States
Geological Survey [P.L. 102-154, 1991] and the United
States Bureau of Mines [P.L. 102-285, 1992] to determine the mineral values, if any, that may be pres­
ent in such areas: Provided further, That the
Secretary shall report to the President by July 1,
1980, his recommendations on those areas which
the Secretary has prior to November 1, 1975, for­
mally identified as natural or primitive areas. The
review required by this subsection shall be con­
ducted in accordance with the procedure specified
in section 3(d) of the Wilderness Act.
(b) The President shall advise the President of
the Senate and the Speaker of the House of
Representatives of his recommendations with
respect to designation as wilderness of each such
area, together with a map thereof and a definition
of its boundaries. Such advice by the President
shall be given within two years of the receipt of
each report from the Secretary. A recommendation
of the President for designation as wilderness shall
become effective only if so provided by an Act of
Congress.
(c) During the period of review of such areas and
until Congress has determined otherwise, the
Secretary shall continue to manage such lands
according to his authority under this Act and other
applicable law in a manner so as not to impair the
suitability of such areas for preservation as wilder­
ness, subject, however, to the continuation of
existing mining and grazing uses and mineral leas­
ing in the manner and degree in which the same
was being conducted on October 21, 1976:
Provided, That, in managing the public lands the
Secretary shall by regulation or otherwise take any
action required to prevent unnecessary or undue
degradation of the lands and their resources or to
afford environmental protection. Unless previously
withdrawn from appropriation under the mining
laws, such lands shall continue to be subject to
such appropriation during the period of review
unless withdrawn by the Secretary under the pro­
cedures 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.
43 U.S.C. 1783. Yaquina Head Outstanding
Natural Area [P.L. 96-199, §119, 1980]
(a) In order to protect the unique scenic, scientif­
ic, educational, and recreational values of certain
lands in and around Yaquina Head, in Lincoln
County, Oregon, there is hereby established, sub­
ject to valid existing rights, the Yaquina Head
Outstanding Natural Area (hereinafter referred to
as the “area”). The boundaries of the area are
those shown on the map entitled “Yaquina Head
Area”, dated July 1979, which shall be on file and
available for public inspection in the Office of the
Director, Bureau of Land Management, United
States Department of the Interior, and the State
Office of the Bureau of Land Management in the
State of Oregon.
(b)(1) The Secretary of the Interior (hereinafter
referred to as the “Secretary”) shall administer the
Yaquina Head Outstanding Natural Area in accor­
dance with the laws and regulations applicable to
the public lands as defined in section 103(e) of the
Federal Land Policy and Management Act of
1976, as amended (43 U.S.C. 1702) [43 U.S.C.
1702(e)], in such a manner as will best provide for–
(A) the conservation and development of the
scenic, natural, and historic values of the area;
(B) the continued use of the area for purposes
of education, scientific study, and public recreation
which do not substantially impair the purposes for
which the area is established; and
(C) protection of the wildlife habitat of the
area.
(2) The Secretary shall develop a management
plan for the area which accomplishes the purposes
and is consistent with the provisions of this sec­
tion. This plan shall be developed in accordance

46 ———— Federal Land Policy and Management Act of 1976

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 per­
mits 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 neces­
sary to protect the values of such quarry lands for
purposes of this section.
(c) The reservation of lands for lighthouse pur­
poses made by Executive order of June 8, 1866, of
certain lands totaling approximately 18.1 acres, as
depicted on the map referred to in subsection (a)
of this section, is hereby revoked. The lands
referred to in subsection (a) of this section are
hereby restored to the status of public lands as
defined in section 103(e) of the Federal Land
Policy and Management Act of 1976, as amended
(43 U.S.C. 1702) [43 U.S.C. 1702(e)], and shall be
administered in accordance with the management
plan for the area developed pursuant to subsection
(b) of this section, except that such lands are hereby withdrawn from settlement, sale, location, or
entry, under the public land laws, including the
mining laws (30 U.S.C., ch. 2), leasing under the
mineral leasing laws (30 U.S.C. 181 et seq.), and
disposals under the Materials Act of July 31, 1947,
as amended (30 U.S.C. 601, 602).
(d) 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 con­
demnation 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 condemna­
tion. Any lands or interests acquired by the
Secretary pursuant to this section shall become
public lands as defined in the Federal Land Policy
and Management Act of 1976, as amended [43 U.S.C.

Upon acquisition by the United States,
such lands are automatically withdrawn under the
provisions of subsection (c) of this section except
that lands affected by quarrying operations in the
area shall be subject to disposals under the
Materials Act of July 31, 1947, as amended (30
U.S.C. 601, 602). 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.

1701 et seq.].

(e) 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 pur­
poses of this section, the Secretary is further
authorized to issue permits for the use of such
lands as a site for installation and field testing of
an experimental wind turbine generating system.
Any permit issued pursuant to this subsection shall
contain such terms and conditions as the Secretary
determines necessary to protect the values of such
lands for purposes of this section.
(f) The Secretary shall develop and administer, in
addition to any requirements imposed pursuant to
subsection (b) (3) of this section, a program for the
reclamation and restoration of all lands affected by
quarrying operations in the area acquired pursuant
to subsection (d) of this section. All revenues
received by the United States in connection with
quarrying operations authorized by subsection (b)
(3) of this section shall be deposited in a separate
fund account which shall be established by the
Secretary of the Treasury. Such revenues are hereby authorized to be appropriated to the Secretary
as needed for reclamation and restoration of any
lands acquired pursuant to subsection (d) of this
section. After completion of such reclamation and
restoration to the satisfaction of the Secretary, any
unexpended revenues in such fund shall be
returned to the general fund of the United States
Treasury.
(g) There are hereby authorized to be appropriat­
ed 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.

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 47

43 U.S.C. 1784. Lands in Alaska; Bureau of
Land Management Land Reviews. [P.L. 96-487, title
XIII, §1320, 1980]

Notwithstanding any other provision of law, sec­
tion 1782 of the Federal Land Policy and
Management Act of 1976 shall not apply to any
lands in Alaska. However, in carrying out his
duties under sections 1711 and 1712 of this title
and other applicable laws, the Secretary may iden­
tify areas in Alaska which he determines are suitable as wilderness and may, from time to time,
make recommendations to the Congress for inclu­
sion 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.
43 U.S.C. 1785. Fossil Forest Research Natural
Area. [P.L. 98-603, title I, §103, 1984; P.L. 104-333, div. I, title X,
§1022, 1996]

(a) Establishment. – To conserve and protect nat­
ural values and to provide scientific knowledge,
education, and interpretation for the benefit of
future generations, there is established the Fossil
Forest Research Natural Area (referred to in this
section as the “Area”), consisting of the approxi­
mately 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
the date of enactment of this paragraph [November 12,
1996], the Secretary of the Interior shall file a map
and legal description of the Area with the
Committee on Energy and Natural Resources of
the Senate and the Committee on [P.L. 106-176, 2000]
Resources of the House of Representatives.
(2) Force and Effect. – The map and legal
description described in paragraph (1) shall have
the same force and effect as if included in this Act.

(3) Technical Corrections. – The Secretary of
the Interior may correct clerical, typographical,
and cartographical errors in the map and legal
description subsequent to filing the map pursuant
to paragraph (1).
(4) Public Inspection. – The map and legal
description shall be on file and available for public
inspection in the Office of the Director of the
Bureau of Land Management, Department of the
Interior.
(c) Management. –

(1) In General. – The Secretary of the Interior,
acting through the Director of the Bureau of
Land Management, shall manage the Area–
(A) to protect the resources within the Area;
and
(B) in accordance with this Act, the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.), and other applicable provi­
sions 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 pertain­
ing 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 appli­
cable existing laws and regulations relating to coal
leases after a determination has been made by the
Secretary that the applicant is entitled to a prefer­
ence right lease and that the exchange is in the
public interest.
(C) Oil and Gas Leases. – Operations on oil
and gas leases issued prior to the date of enact­
ment 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, stipula­
tions, and conditions as the Secretary of the
Interior considers necessary to avoid significant
disturbance of the land surface or impairment of

48 ———— Federal Land Policy and Management Act of 1976

the natural, educational, and scientific research
values of the Area in existence on the date of
enactment of this paragraph [November 12, 1996].
(3) Grazing. – Livestock grazing on lands
within the Area may not be permitted.
(d) Inventory. – Not later than 3 full fiscal years
after the date of enactment of this subsection
[November 12, 1996], the Secretary of the Interior,
acting through the Director of the Bureau of Land
Management, shall develop a baseline inventory of
all categories of fossil resources within the Area.
After the inventory is developed, the Secretary
shall conduct monitoring surveys at intervals
specified in the management plan developed for
the Area in accordance with subsection (e).
(e) Management Plan. –
(1) In General. – Not later than 5 years after the
date of enactment of this act [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 [P.L.
106-176, 2000] Resources of the House of
Representatives a management plan that describes
the appropriate use of the Area consistent with this
subsection [P.L. 106-176, 2000].

(2) Contents. – The management plan shall
include–
(A) a plan for the implementation of a continu­
ing cooperative program with other agencies and
groups for–
(i) laboratory and field interpretation; and
(ii) public education about the resources and
values of the Area (including vertebrate fossils);
(B) provisions for vehicle management that are
consistent with the purpose of the Area and that
provide for the use of vehicles to the minimum
extent necessary to accomplish an individual sci­
entific project;
(C) procedures for the excavation and collec­
tion of fossil remains, including botanical fossils,
and the use of motorized and mechanical equip­
ment to the minimum extent necessary to accom­
plish an individual scientific project; and
(D) mitigation and reclamation standards for
activities that disturb the surface to the detriment
of scenic and environmental values.

TITLE VII

EFFECT ON EXISTING RIGHTS;

REPEAL OF EXISTING LAWS; SEVERABILITY

EFFECT 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 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 manage­
ment of timber resources, and disposition of rev­
enues 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 lim­
iting 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 mod­
ifying 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 exer­
cise 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
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 rev­
enues to local governments under the GrangerThye Act (64 Stat. 85, 16 U.S.C. 580h), under the

50 ———— Federal Land Policy and Management Act of 1976

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. Effective on and after the date of
approval of this Act, the following statutes or parts
of statutes are repealed except the effective date
shall be on and after the tenth anniversary of the
date of approval of this Act insofar as the listed
homestead laws apply to public lands in Alaska:
Act of

Chapter Section Statute
43 U.S.
at Large
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
Oct. 17, 1914 325
38:740
168.
Revised Statute
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
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.

Act of

Chapter Section Statute
43 U.S.
at Large
Code
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
31:27
188, 217.

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

July 4, 1884 180 Only last 23: 96
190.

paragraph
of sec. 1.
Mar. 1, 1933 160
1
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
June 13, 1902
Mar. 3, 1879
July 1, 1879
May 6, 1886
Aug. 21, 1916
June 3, 1924
Revised

Statute 2298
Aug. 30, 1890

1080
191
60
88
361
240

32:384
20:472
21:46
24:22
39:518
43:357

191.

203.

204.

205.

206.

207.

208.

837

26:391

211.

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 per­
mitted to acquire title to more than three hundred
and twenty acres in the aggregate, under all of said
laws, but his limitation shall not operate to curtail

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 51

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:”
Act of

Chapter Section Statute
at Large
Mar. 3, 1891 561
17
26: 1101

43 U.S.
Code

The following words only: “and that the provision
of ‘An Act making appropriations for sundry civil
expenses of the Government for the fiscal year
ending June thirtieth, eighteen hundred and ninetyone, and for other purposes,’ which reads as fol­
lows, 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 con­
strued 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
Aug. 3, 1950 521
Mar. 2, 1889 381
Feb. 20, 1917 98
Mar. 4, 1921 162
Feb. 19, 1909 160
June 13, 1912 166
Mar. 3, 1915 84
Mar. 3, 1915 91
Mar. 4, 1915 150
July 3, 1916 220
Feb. 11, 1913 39
June 17, 1910 298
Mar. 3, 1915 91
Sept. 5, 1916 440
Aug. 10, 1917 52
Mar. 4, 1915 150
Mar. 4, 1923 245
Apr. 28, 1904 1801
Mar. 2, 1907 2527
May 29, 1908 220
Aug. 24, 1912 371
Aug. 22, 1914 270
Feb. 25, 1919 21
July 3, 1916 214
Sept. 29, 1919 64
Apr. 6, 1922 122

6
1

2

10
1
1

7

33:527
213.

64:398

25:854
214.

39:925
215.

41:1433
216.

35:639
218.

37:132

38:953

38:957

38:1163

39:344

37:666
218, 219.

36:531
219.

38:957

39:724

40:275

38:1162
220.

42:1445
222.

33:547
224.

34:1224

35:466

37:499

38:704
231.

40:1153

39:341
232.

41:288
233.

42:491 233, 272, 273.

Act of

Chapter Section Statute
at Large
Mar. 2, 1889 381
3
25:854
Dec. 29, 1894 14
28:599

July 1, 1879
63
1
21:48
Dec. 20, 1917 6
40:430
Jult 24, 1919 126 Next to 41:271
last paragraph
only.
Mar. 2, 1932 69
47:59
May 21, 1934 320
48:787
May 25, 1935 135
49:286
Aug. 19, 1935 560
49:659
Mar. 31, 1938 57
52:149
Apr. 20, 1936 239
49:1235
July 30, 1956 778 1, 2, 4 70:715
Mar. 1, 1921 102
41:1202
Apr. 7, 1922 125
42:492
Revised Statute
June 16, 1898 458
30:473
Aug. 29, 1916 420
39:671
Apr. 7, 1930 108
46:144
Mar. 3, 1933 198
47:1424
Mar. 3, 1879 192
20:472
Mar. 2, 1889 381
7
25:855
June 3, 1878 152
20:91
Revised
Statute 2294
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
Oct. 6, 1917
86
40:391
Mar. 4, 1913 149
Only
37:925
last paragraph
of section
headed “Public
Land Service.”
May 13, 1932 178
47:153
June 16, 1933 99
48:274

June 26, 1935 419
49:504

June 16, 1937 361
50:303

Aug. 27, 1935 770
49:909
Sept. 30, 1890 J. Res. 59
26:684
June 16, 1880 244
21:287
Apr. 18, 1904 25
33:589

Revised

Statute 2304
Mar. 1, 1901 674
31:847
Revised

Statute 2305
Feb. 25, 1919 37
40:1161

43 U.S.
Code
234.

235.

236.

237.

237a.
237b.
237c.
237d.
237e
237f,g,h.
238.
239.
240.
243.
243a.
251.
252.
253.
254.

255.
256.

256a.

256b.

261.

263.

271.

271, 272.

272.

272a.

52 ———— Federal Land Policy and Management Act of 1976

Act of

Chapter Section Statute
at Large
Dec. 28, 1922 19
42:1067

Revised

Statute 2306
Mar. 3, 1893 208
27:593

REPEAL OF LAWS
RELATED TO DISPOSAL

43 U.S.
Code

274.

275.

The following words only: “And provided further:
That where soldier’s additional homestead entries
have been made or initiated upon certificate of the
Commissioner of the General Land Office of the
right to make such entry, and there is no adverse
claimant, and such certificate is found erroneous or
invalid for any cause, the purchaser thereunder, on
making proof of such purchase, may perfect his
title by payment of the Government price for the
land: but no person shall be permitted to acquire
more than one hundred and sixty acres of public
land through the location of any such certificate.”
Aug. 18, 1894 301
Only 28:397
276.
last paragraph
of section
headed “Surveying
the Public Lands.”
Revised

Statute 2309
277.

Revised

Statute 2307
278.

Sept. 21, 1922 357
42:990

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

June 25, 1946 474
60:308
279.

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

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

Sec. 703. (a) Effective 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 effective on and
after the date of approval of this Act, the remain­
der of the following statutes and parts of statutes
are hereby repealed:
Act of

Chapter Section Statute
at Large
1. Sale and Disposal laws:

Mar. 3, 1891 561
9
26: 1099
Revised

Statute 2354
Revised

Statute 2355
May 18, 1898 344
2
30:418
Revised

Statute 2365
Revised

Statute 2357
June 15, 1880 227
3, 4
21:238
Mar. 2, 1889 381
4
25:854
Mar. 1, 1907 2286
34:1052
Revised

Statute 2361
Revised

Statute 2362
Revised

Statute 2363
Revised

Statute 2368
Revised

Statute 2366
Revised

Statute 2369
Revised

Statute 2370
Revised

Statute 2371
Revised

Statute 2374
Revised

Statute 2372
Feb. 24, 1909 181
35:645

May 21, 1926 353
The
44:591

2 provisos
only.

43 U.S.
Code
671.

673.

674.

675.

676.

678.

679-680.

681.

682.

688.

689.

690.

691.

692.

693.

694.

695.

696.

697.

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 53

Act of

Chapter Section Statute
at Large

Revised

Statute 2375
Revised

Statute 2376
Mar. 2, 1889 381
1
25:854
2. Townsite Reservation and Sale:

Revised

Statute 2380
Revised

Statute 2381
Revised

Statute 2382
Aug. 24, 1954 904
68:792

Revised

Statute 2383
Revised

Statute 2384
Revised

Statute 2386
Revised

Statute 2387
Revised

Statute 2388
Revised

Statute 2389
Revised

Statute 2391
Revised

Statute 2392
Revised

Statute 2393
Revised

Statute 2394
Mar. 3, 1877 113 1, 3, 4 19:392
Mar. 3, 1891 561
16
26:1101
July 9, 1914 138
38:454
Feb. 9, 1903 531
32:820
3. Drainage Under State Laws:

May 20, 1908 181
1-7
35:171
Mar. 3, 1919 113
40:1321
May 1, 1958 P.L. 85-387
72:99
Jan. 17, 1920 47
41:392
4. Abandoned Military Reservation:

July 5, 1884 214
5
23:104
Aug. 21, 1916 361
39:518
Mar. 3, 1893 208
27:593

43 U.S.
Code
698.

situated all or any portion of any abandoned
military reservation not exceeding twenty acres in
one place.”
Act of

699.

700.

711.

712.

713.

714.

715.

717.

718.

719.

720.

721.

722.

723.

724.

725-727.

728.

730.

731.

1021-1027.

1028.

1029-1034.

1041-1048.

1074.

1075.

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

Chapter Section Statute
43 U.S.
at Large
Code
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
26:90
1091-1094,

paragraph of
1096, 1097.
sec. 18 and secs.
20, 21, 22, 24, 27.
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.

Sept. 1, 1893J. 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
1177.

7. Alaska Special Laws:

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

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

May 29, 1963 P.L. 88-34
77:52

July 24, 1947 305
61:414
738.

Aug. 17, 1961P.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.

54 ———— Federal Land Policy and Management Act of 1976

Act of

Chapter Section Statute
43 U.S.
at Large
Code
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.
1,4
72:730

85-725
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.
3
72:730
85-725
Mar. 3, 1891 561
13
26:1100
687a-6.
Aug. 30, 1949 521
63:679 687b to 687b-4.
9. Pittman Underground Water Act:

Sept. 22, 1922 400
42:1012
356.

(c) [43 U.S.C. 270–12, 270–12 note] Effective on and
after the tenth anniversary of the date of approval
of this Act, section 2 of the Act of March 8, 1922
(42 Stat. 415, 416), as amended by section 2 of the
Act of August 23, 1958 (72 Stat. 730), is further
amended to read:
“The coal, oil, or gas deposits reserved to the
United States in accordance with the Act of March
8, 1922 (42 Stat. 415; 43 U.S.C. 270–11 et seq.),
as added to by the Act of August 17, 1961 (75
Stat. 384; 43 U.S.C. 270–13), and amended by the
Act of October 3, 1962 (76 Stat. 740; 43 U.S.C.
270–13), shall be subject to disposal by the United
States in accordance with the provisions of the
laws 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 qualified to acquire
coal, oil, or gas deposits, or the right to mine or
remove the coal or to drill for and remove the oil
or gas under the laws of the United States shall
have the right at all times to enter upon the lands
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 filed
with him 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 sufficient bond or undertaking in an action instituted in any competent
court to ascertain and fix said damages: Provided,
That the owner under such limited patent shall
have the right to mine the coal for use on the land
for domestic purposes at any time prior to the dis­
posal 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) Effective on and after the date of
approval of this Act, the implied authority of the
President to make withdrawals and reservations
resulting from acquiescence of the Congress (U.S.
v. Midwest Oil Co., 236 U.S. 459) and the follow­
ing statutes and parts of statutes are repealed:
Act of

Chapter Section Statute
at Large
Oct. 2, 1888 1069
25: 527

43 U.S.
Code
662.

Only the following portion under the section head­
ed U.S. Geological Survey: The last sentence of

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 55

the paragraph relating to investigation of irrigable
lands in the arid region, including the proviso at
the end thereof.
Act of

Chapter Section Statute
43 U.S.
at Large
Code
Mar. 3,1891 561
24
26: 1103 16 U.S.C. 471.
Mar. 1, 1893 183
21
27: 510 33 U.S.C. 681.
Aug. 18, 1894 301
4
28: 422
641.

Only that portion of the first sentence of the sec­
ond paragraph beginning with “and the Secretary
of the Interior” and ending with “shall not be
approved.”
May 14, 1898 299

10

30: 413

687a-4.

Only the fifth proviso of the first paragraph.
June 17, 1902 1093

3

32: 388

416.

Only that portion of section three preceding
the first proviso.

Apr. 16, 1906 1631

1

34: 116

561.

Only the words “withdraw from public entry any
lands needed for townsite purposes”, and also after
the word “case”, the word “and.”
June 27, 1906 3559

4

34: 520

561.

Only the words “withdraw and.”
Mar. 15, 1910 96
June 25, 1910 421

1, 2

36: 237
36: 847

643.
141,142,16
U.S.C. 471(a).

All except the second and third provisos.
June 25, 1914 431
Mar. 12, 1914 37

13
1

36: 858
38: 305

148.
975b.

Only that portion which authorizes the President to
withdraw, locate, and dispose of lands for townsites.
Oct. 5, 1914
June 9, 1916

316
137

1
2

38: 727
39: 219

569(a).

Under “Class One,” only the words “withdrawal
and.”
Dec. 29, 1916 9
June 7, 1924 348
Aug. 19, 1935 561

10
39:865
300.

9
43:655 16 U.S.C. 471.

“Sec. 4” 49:661 22 U.S.C. 277c.

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

Act of

Chapter Section Statute
at Large
Mar. 3, 1927 299
4
44: 1347

43 U.S.
Code
25 U.S.C.
389d.

Only the proviso thereof.
May 24, 1928 729

4

45: 729

Dec. 21, 1928 42
Mar. 6, 1946 58

9

45: 1063
69: 36

49 U.S.C.
214.
617h.
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
May 31, 1938 304
July 20, 1939 334

2

May 28, 1940 220

1

49: 1250
52: 593 25 U.S.C. 497.
53: 1071 16 U.S.C.
471b.
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 9772 70A: 588 10 U.S.C.
949
4472, 9772.
Aug. 16, 1952 P.L.
4
76:389
616c.
87-590

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 direc­
tion of the Secretary of the Interior, such lands”
and by substituting therefor the following: “Lands
found to be practicable of irrigation and reclama­
tion by irrigation works and withdrawn under the
Act of March 6, 1946 (43 U.S.C. 617(h)).”

56 ———— Federal Land Policy and Management Act of 1976

REPEAL OF LAW RELATING
TO ADMINISTRATION OF
PUBLIC LANDS
Sec. 705. (a) Effective on and after the date of
approval of this Act, the following statutes or parts
of statutes are repealed:
Act of

Chapter Section Statute
43 U.S.
at Large
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 35:845
772.

only.
June 25, 1910 J.Res. 40
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. 101-202(a) 74:506
1361, 1362,
86-649 ,203-204(a),
1363-1383.
301-303.
12. Sept. 26, 1970 P.L.
84:885
1362a.
91-429
13. July 31, 1939 401
1,2
53:1144

REPEAL OF LAWS RELATING
TO RIGHTS-OF-WAY
Sec. 706. (a) Effective 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

Revised

Statute 2339

43 U.S.
Code
661.

The following words only: “and the right-of-way
for the construction of ditches and canals for the
purpose herein specified is acknowledged and confirmed: but whenever any person, in the construc­
tion 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

Statute 2340

661.

The following words only: “, or rights to ditches
and reservoirs used in connection with such water
rights,”
Feb. 26, 1897 335
Mar. 3, 1899 427

1

29: 599
30: 1233

664.
665, 958,
( 16 U.S.C.
525).

The following words only: “that in the form pro­
vided by existing law the Secretary of the Interior
may file 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 his judgment the public
interests will not be injuriously affected thereby.”
Mar. 3, 1875 152
May 14, 1898 299
Feb. 27, 1901
June 26, 1906
Mar. 3, 1891
Mar. 4, 1917
May 28, 1926
Mar. 1, 1921
Jan. 13, 1897
Mar. 3, 1923
Jan. 21, 1895
May 14, 1896
May 11, 1898
Mar. 4, 1917
Feb. 15, 1901

614
3548
561
184
409
93
11
219
37
179
292
184
372

2-9

18-21
1

2

18:482
30:409

934-939.
942-1
to 942-9.
943.
944.
946-949.

31:815
34:481
26:1101
39:1197
44:668
41:1194
950.
20:484
952-955.
42:1437
28:635 951, 956, 957.
29:120
30:404
39:1197
31:790
959 (16
U.S.C.
79, 522).

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 57

Act of

Chapter Section Statute
at Large
Mar. 4, 1911 238
36:1253

43 U.S.
Code
951 (16
U.S.C. 5,
420, 523).

Only the last two paragraphs under the subheading
“Improvement of the National Forests” under the
heading “Forest Service.”
May 27, 1952 338
May 21, 1896 212
Apr. 12, 1910 155
June 4, 1897
2

1

66: 95

29: 127
962-965.

36: 296
966–970.

30: 35 16 U.S.C. 551.

SEVERABILITY
Sec. 707. If any provision of this Act [43 U.S.C. 1701
note] or the application thereof is held invalid, the
remainder of the Act and the application thereof
shall not be affected thereby.
Approved October 21, 1976.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 94–1163 accompanying
H.R. 13777 (Comm. on Interior and Insular
Affairs) and No. 94–1724 (Comm. of Conference).

Only the eleventh paragraph under Surveying the
public lands.

SENATE REPORT No. 94–583 (Comm. on
Interior and Insular Affairs).

July 22, 1937 517

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 confer­
ence report. Oct. 1, Senate agreed to conference
report.

31, 32

Sept. 3, 1954 1255
1
July 7, 1960 Public
Law 86-608.
Oct. 23, 1962 Public
1-3
Law 87-852.
Feb. 1, 1905 288
4

50:525

7 U.S.C.
1010-1012.
68:1146
931c.
74:363 40 U.S.C. 345c
76:1129

40 U.S.C
319-319c.
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 con­
strued 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).

PL 94-579, 1976 S 507

Remembering
Eleanor Schwartz
(1912–2000)
Commemoration of the 25th anniversary of the
passage of FLPMA would be incomplete without
also celebrating the life and contributions of a
woman who helped legislators craft the bill that
would fundamentally change the way our public
lands are managed. Eleanor Schwartz, who worked
with the Bureau of Land Management (BLM) until
her death in December 2000 at age 88, was head of
the BLM’s Office of Legislative and Regulatory
Management for many years, including the period
during which FLPMA was initially conceived,
drafted, and eventually passed.

BLM Photo

Schwartz, an attorney who joined the Department
of the Interior in 1962, was instrumental in assist­
ing legislators on the technical and legal aspects
of the Act. Her work ethic and ability to assimilate
into what was then a male-dominated agency paid
off when she became the first woman GS-15 in
BLM history.
Throughout her tenure at Interior, she remained
active in the field of Equal Employment
Opportunity, serving as the Federal Women’s
Coordinator for the BLM. She was honored twice
with Interior’s highest commendation, the
Distinguished Service Award, which recognized,
among other accomplishments, her work on the
Federal Land Policy and Management Act.

In her passing, the BLM not only lost a devoted
worker but also an institutional memory that can
not be replaced.

Eleanor Schwartz receives a Federal Women's
Award from Boyd Rasmussen (BLM Director
1966–1971).

A Capsule Examination

of the Legislative History of the

Federal Land Policy and Management Act

of 1976

Eleanor R. Schwartz*
Eleanor Schwartz, A Capsule Examination of the Legislative History of the Federal Land Policy and Management Act (FLPMA) of 1976,
21 ARIZ. L. Rev. 285 (1979). Copyright © 1979 by the Arizona Board of Regents. Reprinted by permission.

The “organic act” originally proposed by the
Administration in 1971 for the Bureau of Land
Management (BLM) was a relatively simple document.1 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
(FLPMA) was passed in 1976, it had become a
lengthy, complex document, much more than an
organic act.2 In addition to broad management
guidelines and authority, FLPMA provides legisla­
tive direction to numerous specific interests and
areas of management.
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 1976.3
Prefacing the document is a memorandum in
which Senator Henry M. Jackson, Chairman, sum­
marizes 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 first 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 effective
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.4

Much has been written about the significance 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 briefly the
legislative history of the policies and provisions
set forth in the Act.
Curiously, recreation was the subject of the first
piece of public land legislation that might be con­
sidered 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

* Chief, Office 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.
1. See S. 2401, 92d Cong., 1st Sess., 117 CONG. REC. 28956, 28957 (1971).
2. See 43 U.S. C. __ 1701-1782 (9176).
3. SENATE COMMITTEE ON ENERGY & NATURAL RESOURCES, 95TH CONG., 2D SESS., LEGISLATIVE HISTO­
RY OF THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 (1978).
4. Id. at vi.

60 ———— Federal Land Policy and Management Act of 1976

October 7, 1970,5 about four months after the
report by the Public Land Law Review Commis­
sion 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
fied 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, fishing, 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.6

S. 3389 recognized that the public lands adminis­
tered by BLM are vital national assets that contain
a wide variety of natural resource values, includ­
ing outdoor recreation value, which should be
developed and administered “for multiple use and
sustained yield of the several products obtainable
therefrom for the maximum benefit of the general
public.”7 The bill contained a definition of multi­
ple use,8 which in substantial parts is the same as
the definition in FLPMA,9 and a definition of sus­
tained yield10 also similar to that in FLPMA.11
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.12 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 pun­
ishable by a fine of not more than $500 or impris­
onment for not more than six months or both.13 It
also provided that the Secretary could authorize
BLM personnel to make arrests for violations of
laws and regulations.14
No action was taken on S. 3389 by the House of
Representatives.
In the 92d Congress, the Interior and Insular
Affairs 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 management,
protection, and development of the national
resource lands, and for other purposes.”15 At the
same time, Senators Jackson and Allott co-spon­
sored at the Administration’s request S. 2401 “[to
provide for the management, protection and devel­
opment of the national resource lands, and for
other purposes.”16
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

5. S. 3389, 91st Cong., 2d Sess., 116 CONG. REC. 35401 (1970).
6. S. REP. No. 91-1256, 91st Cong., 2d Sess. 2 (1970).
7. S. 3389, 91st Cong., 2d Sess. § 2, 116 CONG. REC. 35401 (1970).
8. Id § 3(b), 116 CONG. REC. at 35402.
9. 43 U.S. C. § 1702(c) (1976).
10. S. 3389, 91st Cong., 2d Sess § 3(c), 116 CONG. REC. 35401, 35402 (1970).
11. 43 U.S.C. § 1702(h) (1976).
12. S. 3389, 91st Cong., 2d Sess § 4(b), 116 CONG. REC. 35401, 35402 (1970).
13. Id. § 5, 116 CONG. REC. at 35402.
14. Id. § 6, 116 CONG. REC. at 35402.
15. S. 921, 92d Cong., 1st Sess., 117 CONG. REC. 3558-61 (1971).
16. 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 effort to establish a more representative and mission-oriented identification for the lands than
the less specific expression “public lands.”

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 61

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 afford
a basis for comparison between what the
Administration sought as an organic act for the
Bureau of Land Management and what Congress
finally 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 dis­
posal of particular tracts was consistent with the
purposes, terms, and conditions of the Act, and (2)
that the lands be managed under principles of mul­
tiple use and sustained yield in a manner which
would, “using all practicable means and meas­
ures,” protect the environmental quality of those
lands to assure their continued value for present
and future generations.17
The bill prohibited the use, occupancy, or devel­
opment of the national resource lands contrary to
any regulation issued by the Secretary or to any
order issued under a regulation.18 S. 2401 also
specified that an inventory of all national resource
lands and their resources be maintained and that
priority be given to areas of critical environmental
concern.19 Development and maintenance of land
use plans would be required and management
of the lands would be in accordance with these
plans. Specific 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
17. S. 2401, 92d Cong., 1st Sess., § 3 (1971).
18. Id. § 4.
19. Id. § 5.
20. Id. § 7.
21. Id. § 8.
22. Id. § 9.
23. Id. § 10.
24. Id. § 11.

a requirement for prompt development of regula­
tions for the protection of areas of critical environ­
mental concern.20
Another provision of S. 2401 authorized the
Secretary to sell public lands if he found that the
sale would lead to significant improvement in the
management of national resource lands or if he
found that it would serve important public objec­
tives 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.21 Generally, conveyances of title were to
reserve minerals to the United States, together
with the right to develop them. However, the
Secretary could grant full fee title if he 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 develop­
ment was a more beneficial use of the land than
mineral development. The Secretary would also
have been required to insert in document of con­
veyance terms and conditions he considered neces­
sary to ensure proper land use, environmental
integrity, and protection of the public interest. In
the event an area which the Secretary identified as
an area of critical environmental concern was con­
veyed out of federal ownership, the Secretary
would be required to provide for the continued
protection of the area in the patent or other docu­
ment of conveyance.22 Liberal acquisition and
exchange authority was provided by the bill.23
S. 2401, as introduced, would have made viola­
tions of regulations adopted to protect national
resource lands, other public property and public
health, safety and welfare a misdemeanor punishable by a fine of not more than $10,000 or impris­
onment for not more than one year or both. It
would have allowed the Secretary to designate
employees as special officers authorized to make
arrests or serve citations for violations committed
on the public lands.24 The bill also provided for

62 ———— Federal Land Policy and Management Act of 1976

public hearings, where appropriate, to give federal,
state, and local governments and the public an
opportunity to comment on “the formulation of
standards and criteria in the preparation and exe­
cution of plans and programs and in the manage­
ment of the national resource lands.”25 It specifi­
cally required that any proposed “significant
change in land use plans and regulations pertain­
ing to areas of critical environmental concern be
the subject of a public hearing.”26 Finally, the bill
authorized the appropriation of such sums “as are
necessary to carry out the purposes of this Act”27
and repealed a long list of prior laws.28
As reported out by the Senate Committee on
Interior and Insular Affairs, S. 2401 contained a
few significant changes and additions. Specific
examples of areas of critical environmental con­
cern were deleted, leaving only a short definition
of the term. The statement of congressional policy
was expanded, and the fine for violation of a regu­
lation was reduced to $1,000. There was a require­
ment that the Director of the Bureau of Land
Management be appointed by the President, with
the advice and consent of the Senate. The Director
would have to possess a broad background and
experience in public land and natural resources
management.29 There was no provision for repeal
of any public land laws.30
Eight members voted for and four against report­
ing S. 2401 out of the Senate Committee on
Interior and Insular Affairs. The minority state­
ment of Senators Hansen, Fannin, Hatfield, and
Bellmon expressed agreement with the comment
of President Nixon in his 1972 Environmental
Message that this type of legislation was “something which we have been without for too long.”31
However, these Senators felt that the legislation
had been the subject of too little discussion by the

Committee. They noted that the bill granted broad
authority to the Secretary of the Interior, but just
how broad this authority was had never been dis­
cussed. Their view was that the legislation was too
important to deal with in a hasty manner, and that
the Committee should have the opportunity to
study and analyze the legislation during the next
session of Congress.32 As a matter of fact, the
Committee studied, discussed, and analyzed the
legislation for two more Congresses before an
organic act was enacted into law. The full Senate
did not consider S. 2401 in the 92d Congress. As
will be seen, many provisions of S. 2401 consid­
ered by the 92d Congress were enacted in the
Federal Land Policy and Management Act of
1976, sometimes with only subtle changes or dif­
ferences in emphasis.
The Interior and Insular Affairs Committee of the
House of Representatives followed a different
approach in the 92d Congress. That committee did
not consider the Administration proposal but con­
sidered and reported out instead H.R. 7211,33 a bill
that had been introduced by Chairman Wayne
Aspinall on behalf of himself and Congressmen
Baring, Taylor, Udall, and Kyl. Although as intro­
duced, H.R. 7211 would have been cited as the
“Public Land Policy Act of 1971,” when it was
reported out its title was changed to “National
Land Policy, Planning, and Management Act of
1972.” The reported bill was a comprehensive
piece of legislation designed to reflect as many as
possible of the policies and recommendations of
the Public Land Law Review Commission.34
Included was an extensive statement of findings,
goals, and objectives.35
The stated objective of H.R. 7211 was to provide
for an overall land use planning effort on the part
of all public land management agencies and to

25. Id.
26. Id. § 15.
27. Id. § 18.
28. Id § 19.
29. Id
30. S. REP. No. 92-1163, 92d Cong., 2d Sess. § 19, at 5 (1972).
31. Id. at 51.
32. Id.
33. H.R. 7211, 92d Cong., 2d Sess., 118 CONG. REC. 27179 (1972).
34. See PUBLIC LAND LAW REVIEW COMMISSION, ONE THIRD OF THE NATION’S LAND (1970).
35. H. R. 7211, 92d Cong., 2d Sess. § 101, 118 CONG. REC. 27179 (1972).

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 63

strengthen management by providing statutory
guidelines applicable to all agencies having juris­
diction over the public lands. The goal was man­
agement practices that would be more uniform,
more easily administered, and more easily understood by the public.36 Title II of the bill, “National
Land Use Planning,” provided for federal grants to
eligible states to be used in developing compre­
hensive land use planning. The bill contained
detailed descriptions of the requirements to be
met, specific provision as to how and for what the
funds allotted could be expended, specifications
for financial record keeping, and provisions for
termination or suspension of the grants if the
Secretary found that the state’s comprehensive
land use planning process no longer met the
requirements of the bill or that the state was
making no substantial progress toward the
development of a comprehensive land use plan­
ning process.37
Title III of H.R. 7211 addressed “Coordination of
Land Use Planning and Policy.” It would have
established within the Department of the Interior
an Office of Land Use Policy and Planning to
administer the grant-in-aid program under Title II
and to coordinate between Title II programs with
the planning responsibilities of the federal govern­
ment spelled out in Title IV. The Committee report
on H.R. 7211 stated: “To insure the absence of any
mission-orientation in such administration and
coordination, the Office is separate from any exist­
ing bureau or agency in the Department.”38 The
bill as reported out of Committee also would have
established a complex advisory system that includ­
ed a National Land Use Policy and Planning
Board,39 land use policy coordinators appointed by
the Board members,40 Departmental Advisory
Committees,41 and local advisory councils.42

Title IV of H.R. 7211 was “Public Land Policy
and Planning.” The term “public lands” was
defined as “any lands owned by the United States
without regard to how the United States acquired
ownership, and without regard to the agency
having responsibility for management thereof.”43
Excluded were lands held in trust for the Indians,
Aleuts, and Eskimos and certain lands acquired
by the General Services Administration and other
federal agencies.44 Thus, the coverage of H.R.
7211 was far broader than had been proposed in
any other of the public land bills before the
Congress. Because many of the lands encom­
passed by its definition were covered by existing
statutes, the bill declared specifically that the poli­
cies therein were supplemental to and not in dero­
gation of the purposes for which units of the
National Park System, National Forest System,
and National Wildlife Refuge System were estab­
lished and administered and for which public lands
were administered by departments other than
Agriculture and the Interior in the fulfillment of
their statutory obligations.45
Title IV of H.R. 7211 contained sixteen declara­
tions of policy that were based generally on rec­
ommendations of the Public Land Law Review
Commission. The House Committee in its report
recognized that each of the declarations would
require additional legislative and administrative
action.46 An anticipated five to ten years would be
required for the Congress to consider all the rec­
ommendations of the Commission and to develop
the specific and detailed statutory language neces­
sary to implement the recommendations that
Congress agreed to. H.R. 7211 was designed to
establish a “policy framework” within which the
legislation to implement each policy could be

36. H.R. REP. No. 1306, 92d Cong., 2d Sess. 39 (1972).
37. H.R. 7211, 92d Cong., 2d Sess. tit. II, 118 CONG. REC. 27179 (1972).
38. H.R. REP. No. 92-1306, 92d Cong., 2d Sess. 30 (1972).
39. H.R. 7211, 92d Cong., 1st Sess. § 303, 118 CONG. REC. 27179 (1972).
40. Id. § 304, 118 CONG. REC. at 27179.
41. Id. § 306, 118 CONG. REC. at 27179.
42. Id. § 307, 118 CONG. REC. at 27179.
43. Id. § 503(n), 118 CONG. REC. at 27179.
44. Id. § 503(n)(3), 118 CONG. REC. at 27179.
45. Id. § 401, 118 CONG. REC. at 27179.
46. H.R. REP. No. 92-1306, 92d Cong., 2d Sess. 35 (1972).

64 ———— Federal Land Policy and Management Act of 1976

contained, so that future congressional action
could be on a coordinated basis.47
The sixteen statements of policy are interesting
as a reflection of the recommendations of the
Public Land Law Review Commission and in the
light of the legislation finally enacted by Congress.
Stated briefly, as they appear in the report of the
House Committee, these recommended policies
are:
(1) Public lands generally be retained in federal
ownership;
(2) public land classifications be reviewed to
determine the type of use that will provide maximum benefit for the general public in accordance
with overall land use planning goals;
(3) Executive withdrawals be reviewed to ascer­
tain if they are of sufficient extent, adequately pro­
tected from encroachment, and in accordance with
the overall land use planning goals of the Act, with
a view toward securing a permanent statutory base
for units of the National Park, Forest, and Wildlife
Refuge Systems;
(4) Congress exercise withdrawal authority gen­
erally and establish specific guidelines for limited
Executive withdrawals;
(5) public land management agencies be
required to establish and adhere to administrative
procedures;

(9) equitable compensation be provided to users
if use is interrupted prior to the end of the period
for which use is permitted;
(10) an equitable system be devised to compen­
sate state and local governments for burdens borne
by reason of the tax immunity of the federal land;
(11) when public lands are managed to accom­
plish objectives unrelated to protection or develop­
ment of public lands, the purpose and authority
therefore be provided expressly by statute;
(12) administration of public land programs by
various agencies be similar;
(13) uniform procedures for disposal, acquisi­
tion, and exchange be established by statute;
(14) regulations for protection of areas of criti­
cal environmental concern be developed; and that
authorizations for use of the public lands provide
for revocation upon violation of applicable regula­
tions;
(15) persons engaging in extractive or other
activities “likely to entail significant disturbance”
be required to have a land reclamation plan and a
performance bond guaranteeing such reclamation;
and
(16) the public lands be administered uniformly
as to use and contractual liability conditions,
except when otherwise provided by law.48

(7) public lands be managed for protection of
quality of scientific, scenic, historical, ecological,
and archeological values; for preservation and pro­
tection of certain lands in their natural conditions;
to reconcile competing demands; to provide habi­
tat for fish and wildlife; and to provide for outdoor
recreation;

In addition to the extensive declaration of policy,
Title IV of H.R. 7211 contained provisions relating
to inventory, planning, public land use, manage­
ment directives, and executive withdrawals. The
bill also provided enforcement authority to land
managing agencies and made violations of regula­
tions issued by an agency head with reference to
public lands administered by him punishable by
fine or imprisonment or both. Title V of H.R. 7211
contained appropriation authorization, the repeal
of many prior public land laws, and a series of
definitions of terms used.

(8) fair market value generally be received for
the use of the public lands and their resources;

Time did not permit consideration of H.R. 7211
by the full House before the 92d Congress ended.

(6) statutory land use planning guidelines be
established providing for management of the pub­
lic lands generally on the basis of multiple use and
sustained yield;

47. See id. at 36.
48. Id. at 36-39.

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 65

In the 93d Congress, the Senate had before it S.
424,49 which Senator Jackson introduced on behalf
of himself and Senators Bennett, Church, Gurney,
Haskell, Humphrey, Inouye, Metcalf, Moss,
Pastore, and Tunney. The Senate also had the
Administration’s proposal, S. 1041.50 On July 8,
1974, S. 424 was passed by the Senate by a vote
of 71 to 1, with 28 members not voting.51 S. 424,
with very few changes, was reintroduced in the
94th Congress as S. 507.52 The new bill applied
only to national resource lands—those lands
administered by the Bureau of Land Management
except the Outer Continental Shelf.
S. 507 contained these basic provisions relating
to land management:
(1) management of the national resource lands
under principles of multiple use and sustained
yield;
(2) a return of fair market value to the federal
government for the use or sale of lands;
(3) inventory;
(4) emphasis on planning;
(5) authority to issue regulations;
(6) public participation;
(7) advisory boards;
(8) annual reports;
(9) general management authority with specific
guidelines;
(10) sales authority;
(11) expanded exchange authority;
(12) authority to convey reserved mineral inter­
ests;
(13) reenactment of the Public Land
Administration Act of 1960 to put all land manag­
ing authorities into one statute;
(14) authority to issue recordable disclaimers of
interest and to issue and correct patents;

(15) to afford an opportunity to zone or otherwise regulate the use of land, a requirement to
notify states and local governmental units with
zoning authority of any proposal to convey lands;
(16) authority to acquire land;
(17) creation of a working capital fund;
(18) enforcement authority;
(19) authority in the Secretary to cooperate with
state and local governments in the enforcement of
state and local laws on national resource lands;
(20) special provisions for cadastral survey
operations and resource protection;
(21) special provisions for long-range planning
for the “California Desert Area”;
(22) provisions for oil shale revenues;
(23) a complete consolidation and revision of
the authority to grant rights-of-way; and
(24) repeal of disposal, rights-of-way, and other
statutes which this law was replacing.
S. 507, as passed by the Senate in the 94th
Congress on February 25, 1976,53 had these addi­
tional provisions that were not in S. 424 in the 93d
Congress:
(1) provisions for disposal of “omitted” lands;
(2) amendments to the Mineral Leasing Act of
1920 to increase the percentage of revenues paid
to states;
(3) provision for mineral impact relief loans;
and
(4) provisions for recordation of mining claims
and a conclusive presumption that any recorded
claim for which the claimant did not make appli­
cation for a patent within ten years after recorda­
tion is abandoned and therefor void.
There were two points of particular interest in
the Senate floor debate on S. 507. The first point
involved an amendment by Senator McClure that
would have deleted from the provisions relating to

49. S. 424, 93d Cong., 1st Sess., 119 CONG. REC. 1339 (1973).
50. S. 1041, 93d Cong., 1st Sess., 119 CONG. REC. 5741 (1973).
51. 120 CONG. REC. 22296 (1974).
52. S. 507, 94th Cong., 1st Sess., 121 CONG. REC. 1821 (1975).
53. 122 CONG. REC. 4423 (1976).

66 ———— Federal Land Policy and Management Act of 1976

mining claims the requirement that application for
patents for mining claims be made within ten
years.54 The second point of particular interest
involved grazing fees. Senator Hansen introduced
an amendment that incorporated a formula for
establishing a fee for grazing of domestic livestock
on the public lands. The issue was vigorously
debated on February 23 and again on the 25th. The
grazing fee was opposed by Senators Jackson and
Metcalf and by the National Wildlife Federation
and the American Forestry Association, all of
whose letters of opposition appear in the
Congressional Record.55 The amendment was also
opposed by the Administration and eventually was
rejected 36 to 53.56 On February 25, after this
amendment was rejected, S. 507 was passed by the
Senate 78 to 11, with 11 members not voting.57
During the 93d and 94th Congresses, the Interior
and Insular Affairs Committee of the House of
Representatives was taking a different approach to
public land legislation. Under the leadership of
Representative John Melcher as Chairman, the
Subcommittee on Public Lands held a series of
meetings during which the members discussed and
debated what they believed should be included in
a bill. The Committee staff put proposed provi­
sions into legislative language as the sessions went
along. Committee prints were prepared and circu­
lated for comment. By the end of the 93d
Congress, eight prints had been prepared.
Congressman John Dellenback had prepared a
series of correcting amendments to the last print,
but Congress adjourned before all the amendments

could be incorporated into a bill. Two bills were
actually introduced – H.R. 16676 and then H.R.
16800, a clean bill which corrected some errors
discovered in the earlier bill.
During the 94th Congress, the Public Lands
Subcommittee of the House Interior Committee
conducted additional work sessions that culminat­
ed in the introduction of H.R. 13777.58 This bill as
reported out by the Committee not only granted
management and enforcement authorities to the
Bureau for public lands under its jurisdiction but
also applied to public domain lands in the National
Forest System. Some of the provisions relating to
the Forest Service System were deleted when the
bill was debated on the floor of the House. Passed
by the House on July 22, 1976,59 H.R. 13777 con­
tained all the now familiar provisions of previous
bills plus many new ones. The new provisions
included:
(1) a grazing fee formula applicable to BLMadministered lands and lands in the National
Forest System;
(2) provisions relating to duration of grazing
leases applicable to BLM and National Forest
System lands;
(3) requirements for grazing advisory boards,
applicable to both BLM and Forest Service;
(4) provisions relating to wild horses and bur­
ros, also applicable to both BLM and Forest
Service;

54. Senator Haskell and Senator McClure debated the issue briefly. On the calling of the question, Senator Haskell noted
the absence of a quorum. This led Senator McClure to withdraw his amendment saying:
Mr. President, I know that the Senate as a whole will probably follow the lead of the committee. If we have a roll call
on this, I would anticipate that the majority of them walking through these doors would never have heard of this ques­
tion before and would be very apt to follow the lead of the committee under those circumstances. Under those circum­
stances, I think it is likely that the result can be forecast.
In the expectation that this matter might be considered somewhat differently in the other body and with the full confi­
dence that we can move forward on a comprehensive bill, perhaps before this bill has been passed and becomes law, I
am suggesting, therefore, it might be varied by subsequent legislation or conference between the Senate and the other
body on the Organic Act, and I will withdraw the amendment at this time.
112 CONG. REC. 4053 (1976). As Senator McClure anticipated, the provision was not in S. 507 as it passed the House. The
conferees did not adopt the provision, and it is not in the Act.
55. 122 CONG. REC. 4419 (1976).
56. Id. at 4422.
57. Id. at 4423.
58. H.R. 13777, 94th Cong., 2d Sess., 122 CONG. REC. 13815 (1976).
59. 122 CONG. REC. 23483 (1976).

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 67

(5) amendment of what is frequently called the
Unintentional Trespass Act;60
(6) provisions relating to the “California Desert
Conservation Areas;” and
(7) the “King Range National Conservation
Areas.”61 After the House passed H.R. 13777, S.
507 was considered, amended to read as H.R.
13777 did, and passed.62
As expected, the Senate disagreed to the amend­
ments of the House and requested a conference.
On July 30, 1976, Senate conferees were appoint­
ed: Jackson, Church, Metcalf, Johnston, Haskell,
Bumpers, Hansen, Hatfield, and Fannin. Senator
Fannin was replaced later by Senator McClure.
Conferees from the House were Representatives
Melcher, Johnson (California), Seiberling, Udall,
Phillip Burton, Santini, Weaver, Steiger (Arizona),
Clausen and Young (Alaska). At an organizational
meeting held on August 30, 1976, Congressman
Melcher was elected chairman. The conferees
determined that because of all the primaries sched­
uled for early September, the first working session
of the conferees could not be held until September
15. Staff were instructed to study the Senate and
House versions of S. 407, identify areas of virtual
agreement, outline areas of disagreement, and rec­
ommend alternatives for resolving those areas of
disagreement.
The first difference in text addressed by the con­
ferees was the short title of the Act. The title of the
House amendment was “Federal Land Policy and
Management Act of 1976.” The title of the Senate
amendment was “National Resource Lands
Management Act.” The Senate staff deferred to
the House staff on the title, and the conferees con­
curred. The second issue involved the term to be
used in referring to lands administered by the
Bureau of Land Management. The conferees
adopted the term used by the House—public lands

—although they recognized, as the staff pointed
out, that in the past that had been a confusing
term, referring sometimes to public domain lands
and other times to acquired lands. And so it went.
During four sessions, on September 15, 20, 21,
and 22 and spanning more than twelve hours, the
conferees had extensive discussions but relatively
little problem agreeing to language to be incorpo­
rated into the Act—with four major exceptions.
These exceptions almost killed the Act.
The House version of the Act contained a graz­
ing fee formula and a provision for ten-year graz­
ing permits.63 It also provided for grazing district
advisory boards, as distinct from the multiple use
advisory councils.64 The Senate conferees, particu­
larly Senator Metcalf, objected to these provisions.
The Senate version of the Act contained a provi­
sion that required mining claimants to make appli­
cation for patent within ten years after the date of
recordation of the claim. If the claimant failed to
do so, the claim would be conclusively presumed
to be abandoned and would be void.65 The House
conferees, particularly Congressman Santini,
objected to this.
These issues of grazing and mining were debated
extensively on September 22nd. Before the end of
that five-hour session, Senator Metcalf offered a
“package compromise.”66 The proposed compro­
mise required:
(1) that the grazing fee provisions be deleted
from the bill—in effect that the House would
accede to the Senate on Section 401;
(2) that the Senate agree with the House on the
already adopted Metcalf/Santini amendment that
all grazing leases be for ten years;
(3) that the conferees accept the grazing adviso­
ry boards with their functions limited to expendi­
ture of range improvement fees;67 and

60. 43 U.S. C. __ 1431-1435 (1976).
61. These add-ons have sometimes been called the “Christmas-tree amendments.”
62. 122 CONG. REC. 23508 (1976).
63. H.R. 13777, 94th Cong., 1st Sess. __ 210, 211, 122 CONG. REC. 23447-48 (1976).
64. Id § 212, 122 CONG. REC. at 23448.
65. S. 507, 94th Cong., 1st Sess., § 207, 122 CONG. REC. 23497 (1976).
66. The proposal actually was brought to the conferees by D. Michael Harvey, Staff Counsel, because Senator Metcalf was
at a meeting of the Committee on Committees.
67. Mr. Harvey noted that this was as far as Senator Metcalf would go on an individual basis, but as part of the package he
would add to the functions of the grazing advisory boards the development of the management allotment plans.

68 ———— Federal Land Policy and Management Act of 1976

(4) with respect to the Senate language on min­
ing claims, that the language be applicable only to
mining claims filed after enactment of the Act, not
pre-existing claims.
The conferees could not agree on the compro­
mise that day but did agree to meet again on
September 23rd just in advance of the Conference
on the National Forest Management Act of 1976
that was due to start at 1:30 p.m. Several of the
conferees on S. 507 were also on the Forest Act
conference. The conferees convened at 1:10 p.m.
on September 23rd. Congressman Santini offered a
substitute compromise that would knock out advi­
sory boards, have five-year leases in return for
keeping grazing fees, and knock out the patent
provisions. Senator Metcalf countered with a pro­
posal to accept the first three amendments he had
offered and knock out the Senate language on min­
ing. This was rejected by the Senate conferees and
at 1:20 p.m., the Conference was adjourned by

Chairman Melcher who said he saw no point in
prolonging the meeting. For the moment, hopes
dimmed for passage of an Organic Act for the
Bureau of Land Management. The 94th Congress
was in its last-minute rush before adjournment.
But as with many pieces of landmark legislation,
a compromise was reached at the eleventh hour,
reportedly as a result of behind-the-scenes lobby­
ing by interested private parties.68
On September 28, Congressman Melcher made a
last minute effort to reach a compromise and get a
public land management act in the 94th Congress.
He called a meeting of the Conference Committee
to commence at 5:30 p.m. that evening. The meet­
ing was held in a very small room in the Congress.
Very few persons, other than conferees and staff,
were permitted in the room. Dozens of interested
persons filled the halls and corridors leading to the
meeting room. Within a few minutes of coming
together, the conferees took a thirty-minute break.

68. The struggle to achieve an acceptable middle ground was reported in the October 7, 1976, issue of Public Land News:
How the BLM Organic Act came back from the grave in five days
The final, fateful meeting of the House-Senate conference committee that revived the BLM Organic Act pitted two
unyielding antagonists—Sen. Lee Metcalf (D-Mont.) And Rep. James Santini (D-Nev.).
Simply put, Santini wanted a statutory grazing fee he co-authored to stay in the bill. Metcalf didn’t.
So, on September 23, the conference deadlocked over the grazing fee when the House refused by a 5-5 vote to give up
the provision. At the same time, the Senate conferees refused to allow the grazing fee to stay in. The bill was effectively
dead for 1976 . . . or so the conferees said.
The deadlock began to give way the following day when the mining industry, principally the American Mining
Congress, realized the Senate would give up its provision on requiring patent in 10 years. But only if the House dropped
the grazing fee. The mining industry abhors the patent requirement.
So, the mining industry started pressuring the ranching industry to ask its Congressional allies to yield on the grazing
fee, said sources in the cattle industry.
And Rep. John Melcher (D-Mont.)—chief sponsor of the House bill, candidate for the U.S. Senate—continued to push
for a further compromise.
Pressure was applied primarily to Reps. Don Young (R-Alaska) and Don Clausen (R-Calif.), PLNews sources said.
Then on Tuesday morning (September 28) a meeting was held among the House supporters of the statutory grazing
fee. They decided to yield on the grazing fee, reasoning that a freeze was better than no bill at all.
With that a meeting of the full conference was held in room S 224 of the Capitol at 5:30 p.m, just minutes after a com­
promise timber management bill had been hammered out in conference down the hall.
The last BLM conference, with only a half dozen attendees other than Congressmen and their staff, started badly.
Metcalf and Santini, almost shouting at times, argued forcefully that each had already compromised too much. But Santini
eventually offered a compromise on the grazing fee. It called for a statutory grazing fee for two years while a study was
conducted. The Senate conferees refused to even consider it.
Then Clausen offered a compromise calling for freezing the present grazing fee, developed administratively by BLM
and the Forest Service, for two years while a study was conducted. Again, the Senate refused to consider it.
Then the conferees, with no one in particular sponsoring it, agreed to consider a one-year freeze with study. Santini
asked for and received a 30-minute break.
During the break, PLNews talked to representatives of the American National Cattlemen’s Association and the Public
Lands Council. They said, resignedly, the one-year freeze plus study was the most they could hope for, given the Senate
conferees adamant opposition to anything else.
Finally, at 7 p.m. on September 28, the conferees reassembled and Melcher asked for a show of
hands from the House members. He, Rep. James Johnson (R-Colo.), Rep. Harold T. Johnson (D- Calif.), Clausen, and
Santini voted for the compromise. Melcher said Reps. Mo Udall (D-Ariz.), Jim Weaver (D-Ore.), and John Seiberling
(D-Ohio) also would have agreed to the compromise if they had been present.

Public Law 94–579—Oct. 21, 1976, as amended through May 7, 2001 ———— 69

Word spread among the assembled crowd that the
meeting was going badly. However, when the con­
ferees reassembled at 7 p.m., those present voted
almost immediately for the compromise that had
been suggested earlier. The conferees and staff
walked quickly out of the conference room. As
they made their way down the corridor, they
received the quiet congratulations of the very
interested group of people who had waited to hear
the final outcome of the session.
In keeping with its somewhat stormy and cliffhanger history, the conference report was passed
by the House on September thirtieth, and by the
Senate on October first, just hours before the 94th
session ended. The Act was signed by the
President on October 21, 1976, and became Public
Law 94-579, 90 Stat. 2743.

The Senate members present—Metcalf, Floyd Haskell (D-Colo.), and Frank Church (D-ID)—also agreed without a
formal vote.

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