Federal Land Policy and Management Act (FLPMA), 43 USC 1732

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[CITE: 43USC1732]

TITLE 43--PUBLIC LANDS

CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT

SUBCHAPTER III--ADMINISTRATION

Sec. 1732. Management of use, occupancy, and development of
public lands

(a) Multiple use and sustained yield requirements applicable; exception

The Secretary shall manage the public lands under principles of
multiple use and sustained yield, in accordance with the land use plans
developed by him under section 1712 of this title when they are
available, except that where a tract of such public land has been
dedicated to specific uses according to any other provisions of law it
shall be managed in accordance with such law.

(b) Easements, permits, etc., for utilization through habitation,
cultivation, and development of small trade or manufacturing
concerns; applicable statutory requirements

In managing the public lands, the Secretary shall, subject to this
Act and other applicable law and under such terms and conditions as are
consistent with such law, regulate, through easements, permits, leases,
licenses, published rules, or other instruments as the Secretary deems
appropriate, the use, occupancy, and development of the public lands,
including, but not limited to, long-term leases to permit individuals to
utilize public lands for habitation, cultivation, and the development of
small trade or manufacturing concerns: Provided, That unless otherwise
provided for by law, the Secretary may permit Federal departments and
agencies to use, occupy, and develop public lands only through rights-
of-way under section 1767 of this title, withdrawals under section 1714
of this title, and, where the proposed use and development are similar
or closely related to the programs of the Secretary for the public lands
involved, cooperative agreements under section 1737(b) of this title:
Provided further, That nothing in this Act shall be construed as
authorizing the Secretary concerned to require Federal permits to hunt
and fish on public lands or on lands in the National Forest System and
adjacent waters or as enlarging or diminishing the responsibility and
authority of the States for management of fish and resident wildlife.
However, the Secretary concerned may designate areas of public land and
of lands in the National Forest System where, and establish periods
when, no hunting or fishing will be permitted for reasons of public
safety, administration, or compliance with provisions of applicable law.
Except in emergencies, any regulations of the Secretary concerned
relating to hunting and fishing pursuant to this section shall be put
into effect only after consultation with the appropriate State fish and
game department. Nothing in this Act shall modify or change any
provision of Federal law relating to migratory birds or to endangered or
threatened species. Except as provided in section 1744, section 1782,
and subsection (f) of section 1781 of this title and in the last
sentence of this paragraph, no provision of this section or any other
section of this Act shall in any way amend the Mining Law of 1872 or
impair the rights of any locators or claims under that Act, including,
but not limited to, rights of ingress and egress. In managing the public
lands the Secretary shall, by regulation or otherwise, take any action
necessary to prevent unnecessary or undue degradation of the lands.

(c) Revocation or suspension provision in instrument authorizing use,
occupancy or development; violation of provision; procedure
applicable

The Secretary shall insert in any instrument providing for the use,
occupancy, or development of the public lands a provision authorizing
revocation or suspension, after notice and hearing, of such instrument
upon a final administrative finding of a violation of any term or
condition of the instrument, including, but not limited to, terms and
conditions requiring compliance with regulations under Acts applicable
to the public lands and compliance with applicable State or Federal air
or water quality standard or implementation plan: Provided, That such
violation occurred on public lands covered by such instrument and
occurred in connection with the exercise of rights and privileges
granted by it: Provided further, That the Secretary shall terminate any
such suspension no later than the date upon which he determines the
cause of said violation has been rectified: Provided further, That the
Secretary may order an immediate temporary suspension prior to a hearing
or final administrative finding if he determines that such a suspension
is necessary to protect health or safety or the environment: Provided
further, That, where other applicable law contains specific provisions
for suspension, revocation, or cancellation of a permit, license, or
other authorization to use, occupy, or develop the public lands, the
specific provisions of such law shall prevail.

(d) Authorization to utilize certain public lands in Alaska for military
purposes

(1) The Secretary of the Interior, after consultation with the
Governor of Alaska, may issue to the Secretary of Defense or to the
Secretary of a military department within the Department of Defense or
to the Commandant of the Coast Guard a nonrenewable general
authorization to utilize public lands in Alaska (other than within a
conservation system unit or the Steese National Conservation Area or the
White Mountains National Recreation Area) for purposes of military
maneuvering, military training, or equipment testing not involving
artillery firing, aerial or other gunnery, or other use of live
ammunition or ordnance.
(2) Use of public lands pursuant to a general authorization under
this subsection shall be limited to areas where such use would not be
inconsistent with the plans prepared pursuant to section 1712 of this
title. Each such use shall be subject to a requirement that the using
department shall be responsible for any necessary cleanup and
decontamination of the lands used, and to such other terms and
conditions (including but not limited to restrictions on use of off-road
or all-terrain vehicles) as the Secretary of the Interior may require
to--
(A) minimize adverse impacts on the natural, environmental,
scientific, cultural, and other resources and values (including fish
and wildlife habitat) of the public lands involved; and
(B) minimize the period and method of such use and the
interference with or restrictions on other uses of the public lands
involved.

(3)(A) A general authorization issued pursuant to this subsection
shall not be for a term of more than three years and shall be revoked in
whole or in part, as the Secretary of the Interior finds necessary,
prior to the end of such term upon a determination by the Secretary of
the Interior that there has been a failure to comply with its terms and
conditions or that activities pursuant to such an authorization have had
or might have a significant adverse impact on the resources or values of
the affected lands.
(B) Each specific use of a particular area of public lands pursuant
to a general authorization under this subsection shall be subject to
specific authorization by the Secretary and to appropriate terms and
conditions, including such as are described in paragraph (2) of this
subsection.
(4) Issuance of a general authorization pursuant to this subsection
shall be subject to the provisions of section 1712(f) of this title,
section 3120 of title 16, and all other applicable provisions of law.
The Secretary of a military department (or the Commandant of the Coast
Guard) requesting such authorization shall reimburse the Secretary of
the Interior for the costs of implementing this paragraph. An
authorization pursuant to this subsection shall not authorize the
construction of permanent structures or facilities on the public lands.
(5) To the extent that public safety may require closure to public
use of any portion of the public lands covered by an authorization
issued pursuant to this subsection, the Secretary of the military
Department concerned or the Commandant of the Coast Guard shall take
appropriate steps to notify the public concerning such closure and to
provide appropriate warnings of risks to public safety.
(6) For purposes of this subsection, the term ``conservation system
unit'' has the same meaning as specified in section 3102 of title 16.

(Pub. L. 94-579, title III, Sec. 302, Oct. 21, 1976, 90 Stat. 2762; Pub.
L. 100-586, Nov. 3, 1988, 102 Stat. 2980.)

References in Text

This Act, referred to in subsec. (b), is Pub. L. 94-579, Oct. 21,
1976, 90 Stat. 2743, as amended, known as the Federal Land Policy and
Management Act of 1976. For complete classification of this Act to the
Code, see Tables.
The Mining Law of 1872, referred to in subsec. (b), is act May 10,
1872, ch. 152, 17 Stat. 91, which was incorporated into the Revised
Statutes of 1878 as R.S. Secs. 2319 to 2328, 2331, 2333 to 2337, and
2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to
35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Mining. For
complete classification of such Revised Statutes sections to the Code,
see Tables.

Amendments

1988--Subsec. (d). Pub. L. 100-586 added subsec. (d).

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
Enforcement functions of Secretary or other official in Department
of the Interior related to compliance with land use permits for
temporary use of public lands and other associated land uses, issued
under sections 1732, 1761, and 1763 to 1771 of this title, with respect
to pre-construction, construction, and initial operation of
transportation systems for Canadian and Alaskan natural gas transferred
to Federal Inspector, Office of Federal Inspector for the Alaska Natural
Gas Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, Secs. 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade. Functions and authority vested in Secretary of Energy
subsequently transferred to Federal Coordinator for Alaska Natural Gas
Transportation Projects by section 720d(f) of Title 15.

Management Guidelines To Prevent Wasting of Pacific Yew

For Congressional findings relating to management guidelines to
prevent wasting of Pacific yew in current and future timber sales on
Federal lands, see section 4801(a)(8) of Title 16, Conservation.