Federal Land Policy and Management Act, 43 U.S.C. 1701

43 USC Ch. 35: FEDERAL LAND POLICY AND MANAGEMENT
From Title 43—PUBLIC LANDS

CHAPTER 35—FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER I—GENERAL PROVISIONS
Sec.

1701.
1702.
1703.

1711.
1712.
1713.
1714.
1715.
1716.
1717.
1718.
1719.
1720.
1721.
1722.
1723.

1731.
1732.
1733.
1734.
1734a.
1735.
1736.
1736a.
1737.
1738.
1739.
1740.
1741.
1742.
1742a.
1743.
1744.
1745.
1746.
1747.
1748.
1748a.
1748a–1.
1748a–2.
1748b.
1748b–1.
1748c.
1748d.

Congressional declaration of policy.
Definitions.
Cooperative action and sharing of resources by Secretaries of the Interior and Agriculture.
SUBCHAPTER II—LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION
Continuing inventory and identification of public lands; preparation and maintenance.
Land use plans.
Sales of public land tracts.
Withdrawals of lands.
Acquisitions of public lands and access over non-Federal lands to National Forest System units.
Exchanges of public lands or interests therein within the National Forest System.
Qualifications of conveyees.
Documents of conveyance; terms, covenants, etc.
Mineral interests; reservation and conveyance requirements and procedures.
Coordination by Secretary of the Interior with State and local governments.
Conveyances of public lands to States, local governments, etc.
Sale of public lands subject to unintentional trespass.
Temporary revocation authority.
SUBCHAPTER III—ADMINISTRATION
Bureau of Land Management.
Management of use, occupancy, and development of public lands.
Enforcement authority.
Fees, charges, and commissions.
Availability of excess fees.
Forfeitures and deposits.
Working capital fund.
Revolving fund derived from disposal of salvage timber.
Implementation provisions.
Contracts for surveys and resource protection; renewals; funding requirements.
Advisory councils.
Rules and regulations.
Annual reports.
Search, rescue, and protection forces; emergency situations authorizing hiring.
Good Samaritan Search and Recovery Act.
Disclosure of financial interests by officers or employees.
Recordation of mining claims.
Disclaimer of interest in lands.
Correction of conveyance documents.
Loans to States and political subdivisions; purposes; amounts; allocation; terms and conditions;
interest rate; security; limitations; forebearance for benefit of borrowers; recordkeeping
requirements; discrimination prohibited; deposit of receipts.
Funding requirements.
FLAME Wildfire Suppression Reserve Funds.
Request for additional wildfire suppression funds.
Reporting requirements.
Cohesive wildfire management strategy.
Wildfire technology modernization.
Bureau of Land Management Foundation.
Report on wildfire, insect infestation, and disease prevention on Federal land.

1751.
1752.
1753.

1761.
1761a.
1762.
1763.
1764.
1765.
1766.
1767.
1768.
1769.
1770.
1771.
1772.

SUBCHAPTER IV—RANGE MANAGEMENT
Grazing fees; feasibility study; contents; submission of report; annual distribution and use of
range betterment funds; nature of distributions.
Grazing leases and permits.
Omitted.
SUBCHAPTER V—RIGHTS-OF-WAY
Grant, issue, or renewal of rights-of-way.
Streamlining the Forest Service process for consideration of communications facility location
applications.
Roads.
Right-of-way corridors; criteria and procedures applicable for designation.
General requirements.
Terms and conditions.
Suspension or termination; grounds; procedures applicable.
Rights-of-way for Federal departments and agencies.
Conveyance of lands covered by right-of-way; terms and conditions.
Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way for railroad and
appurtenant communication facilities; applicability of existing terms and conditions.
Applicability of provisions to other Federal laws.
Coordination of applications.
Vegetation management, facility inspection, and operation and maintenance relating to electric
transmission and distribution facility rights of way.

1781.
1781a.
1782.
1783.
1784.
1785.
1786.
1787.

SUBCHAPTER VI—DESIGNATED MANAGEMENT AREAS
California Desert Conservation Area.
Acceptance of donation of certain existing permits or leases.
Bureau of Land Management Wilderness Study.
Yaquina Head Outstanding Natural Area.
Lands in Alaska; designation as wilderness; management by Bureau of Land Management
pending Congressional action.
Fossil Forest Research Natural Area.
Piedras Blancas Historic Light Station.
Jupiter Inlet Lighthouse Outstanding Natural Area.

SUBCHAPTER I—GENERAL PROVISIONS

§1701. Congressional declaration of policy
(a) The Congress declares that it is the policy of the United States that—
(1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure
provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest;
(2) the national interest will be best realized if the public lands and their resources are periodically and
systematically inventoried and their present and future use is projected through a land use planning process
coordinated with other Federal and State planning efforts;
(3) public lands not previously designated for any specific use and all existing classifications of public lands that
were effected by executive action or statute before October 21, 1976, be reviewed in accordance with the provisions
of this Act;
(4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands
for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without
legislative action;
(5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be
required to establish comprehensive rules and regulations after considering the views of the general public; and to
structure adjudication procedures to assure adequate third party participation, objective administrative review of
initial decisions, and expeditious decisionmaking;
(6) judicial review of public land adjudication decisions be provided by law;
(7) goals and objectives be established by law as guidelines for public land use planning, and that management
be on the basis of multiple use and sustained yield unless otherwise specified by law;

(8) the public lands be managed in a manner that will protect the quality of scientific, scenic, historical, ecological,
environmental, air and atmospheric, water resource, and archeological values; that, where appropriate, will preserve
and protect certain public lands in their natural condition; that will provide food and habitat for fish and wildlife and
domestic animals; and that will provide for outdoor recreation and human occupancy and use;
(9) the United States receive fair market value of the use of the public lands and their resources unless otherwise
provided for by statute;
(10) uniform procedures for any disposal of public land, acquisition of non-Federal land for public purposes, and
the exchange of such lands be established by statute, requiring each disposal, acquisition, and exchange to be
consistent with the prescribed mission of the department or agency involved, and reserving to the Congress review
of disposals in excess of a specified acreage;
(11) regulations and plans for the protection of public land areas of critical environmental concern be promptly
developed;
(12) the public lands be managed in a manner which recognizes the Nation's need for domestic sources of
minerals, food, timber, and fiber from the public lands including implementation of the Mining and Minerals Policy Act
of 1970 (84 Stat. 1876, 30 U.S.C. 21a) as it pertains to the public lands; and
(13) the Federal Government should, on a basis equitable to both the Federal and local taxpayer, provide for
payments to compensate States and local governments for burdens created as a result of the immunity of Federal
lands from State and local taxation.
(b) The policies of this Act shall become effective only as specific statutory authority for their implementation is
enacted by this Act or by subsequent legislation and shall then be construed as supplemental to and not in derogation
of the purposes for which public lands are administered under other provisions of law.
(Pub. L. 94–579, title I, §102, Oct. 21, 1976, 90 Stat. 2744.)
Editorial Notes

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

Short Title of 2018 Amendment
Pub. L. 115–141, div. O, §101(a), Mar. 23, 2018, 132 Stat. 1059, as amended by Pub. L. 116–6, §7(2), Feb.
15, 2019, 133 Stat. 15, provided that: "This division [see Tables for classification] may be cited as the
'Stephen Sepp Wildfire Suppression Funding and Forest Management Activities Act'."

Short Title of 2009 Amendment
Pub. L. 111–88, div. A, title V, §501, Oct. 30, 2009, 123 Stat. 2968, provided that: "This title [enacting
sections 1748a and 1748b of this title] may be cited as the 'Federal Land Assistance, Management, and

Enhancement Act of 2009' or 'FLAME Act of 2009'."

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

Land Exchange Facilitation Act of 1988'."

Short Title
Pub. L. 94–579, title I, §101, Oct. 21, 1976, 90 Stat. 2744, provided that: "This Act [see Tables for
classification] may be cited as the 'Federal Land Policy and Management Act of 1976'."

Savings Provision
Pub. L. 94–579, title VII, §701, Oct. 21, 1976, 90 Stat. 2786, provided that:

"(a) Nothing in this Act, or in any amendment made by this Act [see Short Title note above], shall be
construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or
authorization existing on the date of approval of this Act [Oct. 21, 1976].

"(b) Notwithstanding any provision of this Act, in the event of conflict with or inconsistency between this
Act and the Acts of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a–1181j [now 43 U.S.C. 2601 et seq., see
Tables for classification]), and May 24, 1939 (53 Stat. 753), insofar as they relate to management of timber
resources, and disposition of revenues from lands and resources, the latter Acts shall prevail.
"(c) All withdrawals, reservations, classifications, and designations in effect as of the date of approval of
this Act shall remain in full force and effect until modified under the provisions of this Act or other
applicable law.
"(d) Nothing in this Act, or in any amendments made by this Act, shall be construed as permitting any
person to place, or allow to be placed, spent oil shale, overburden, or byproducts from the recovery of
other minerals found with oil shale, on any Federal land other than Federal land which has been leased
for the recovery of shale oil under the Act of February 25, 1920 (41 Stat. 437, as amended; 30 U.S.C. 181 et
seq.).
"(e) Nothing in this Act shall be construed as modifying, revoking, or changing any provision of the
Alaska Native Claims Settlement Act (85 Stat. 688, as amended; 43 U.S.C. 1601 et seq.).
"(f) Nothing in this Act shall be deemed to repeal any existing law by implication.
"(g) Nothing in this Act shall be construed as limiting or restricting the power and authority of the United
States or—
"(1) as affecting in any way any law governing appropriation or use of, or Federal right to, water on
public lands;
"(2) as expanding or diminishing Federal or State jurisdiction, responsibility, interests, or rights in
water resources development or control;
"(3) as displacing, superseding, limiting, or modifying any interstate compact or the jurisdiction or
responsibility of any legally established joint or common agency of two or more States or of two or
more States and the Federal Government;
"(4) as superseding, modifying, or repealing, except as specifically set forth in this Act, existing
laws applicable to the various Federal agencies which are authorized to develop or participate in the
development of water resources or to exercise licensing or regulatory functions in relation thereto;
"(5) as modifying the terms of any interstate compact;
"(6) as a limitation upon any State criminal statute or upon the police power of the respective
States, or as derogating the authority of a local police officer in the performance of his duties, or as
depriving any State or political subdivision thereof of any right it may have to exercise civil and criminal
jurisdiction on the national resource lands; or as amending, limiting, or infringing the existing laws
providing grants of lands to the States.
"(h) All actions by the Secretary concerned under this Act shall be subject to valid existing rights.
"(i) The adequacy of reports required by this Act to be submitted to the Congress or its committees
shall not be subject to judicial review.
"(j) Nothing in this Act shall be construed as affecting the distribution of livestock grazing revenues to
local governments under the Granger-Thye Act (64 Stat. 85, 16 U.S.C. 580h), under the Act of May 23, 1908
(35 Stat. 260, as amended; 16 U.S.C. 500), under the Act of March 4, 1913 (37 Stat. 843, as amended; 16
U.S.C. 501), and under the Act of June 20, 1910 (36 Stat. 557)."

Severability
Pub. L. 94–579, title VII, §707, Oct. 21, 1976, 90 Stat. 2794, provided that: "If any provision of this Act [see
Short Title note set out above] or the application thereof is held invalid, the remainder of the Act and the
application thereof shall not be affected thereby."

References to Division O of Pub. L. 115–141
Pub. L. 115–141, div. O, §101(b), Mar. 23, 2018, 132 Stat. 1059, as amended by Pub. L. 116–6, §7(2), Feb.
15, 2019, 133 Stat. 15, provided that: "A reference to the Wildfire Suppression Funding and Forest
Management Activities Act [div. O of Pub. L. 115–141, see Short Title of 2018 Amendment note above],
including a reference in a regulation, order, or other law, is deemed to refer to the Stephen Sepp Wildfire
Suppression Funding and Forest Management Activities Act."

Existing Rights-of-Way
Pub. L. 94–579, title VII, §706(b), Oct. 21, 1976, 90 Stat. 2794, provided that: "Nothing in section 706(a)
[see Tables for classification], except as it pertains to rights-of-way, may be construed as affecting the
authority of the Secretary of Agriculture under the Act of June 4, 1897 (30 Stat. 35, as amended, 16 U.S.C.
551); the Act of July 22, 1937 (50 Stat. 525, as amended, 7 U.S.C. 1010–1212); or the Act of September 3,
1954 (68 Stat. 1146, 43 U.S.C. 931c)."

§1702. Definitions
Without altering in any way the meaning of the following terms as used in any other statute, whether or not such
statute is referred to in, or amended by, this Act, as used in this Act—
(a) The term "areas of critical environmental concern" means areas within the public lands where special
management attention is required (when such areas are developed or used or where no development is required) to
protect and prevent irreparable damage to important historic, cultural, or scenic values, fish and wildlife resources or
other natural systems or processes, or to protect life and safety from natural hazards.
(b) The term "holder" means any State or local governmental entity, individual, partnership, corporation, association,
or other business entity receiving or using a right-of-way under subchapter V of this chapter.
(c) The term "multiple use" means the management of the public lands and their various resource values so that they
are utilized in the combination that will best meet the present and future needs of the American people; making the
most judicious use of the land for some or all of these resources or related services over areas large enough to provide
sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land
for less than all of the resources; a combination of balanced and diverse resource uses that takes into account the
long-term needs of future generations for renewable and nonrenewable resources, including, but not limited to,
recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values; and
harmonious and coordinated management of the various resources without permanent impairment of the productivity
of the land and the quality of the environment with consideration being given to the relative values of the resources and
not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output.
(d) The term "public involvement" means the opportunity for participation by affected citizens in rulemaking,
decisionmaking, and planning with respect to the public lands, including public meetings or hearings held at locations
near the affected lands, or advisory mechanisms, or such other procedures as may be necessary to provide public
comment in a particular instance.
(e) The term "public lands" means any land and interest in land owned by the United States within the several States
and administered by the Secretary of the Interior through the Bureau of Land Management, without regard to how the
United States acquired ownership, except—
(1) lands located on the Outer Continental Shelf; and
(2) lands held for the benefit of Indians, Aleuts, and Eskimos.
(f) The term "right-of-way" includes an easement, lease, permit, or license to occupy, use, or traverse public lands
granted for the purpose listed in subchapter V of this chapter.
(g) The term "Secretary", unless specifically designated otherwise, means the Secretary of the Interior.
(h) The term "sustained yield" means the achievement and maintenance in perpetuity of a high-level annual or
regular periodic output of the various renewable resources of the public lands consistent with multiple use.
(i) The term "wilderness" as used in section 1782 of this title shall have the same meaning as it does in section
1131(c) of title 16.
(j) The term "withdrawal" means withholding an area of Federal land from settlement, sale, location, or entry, under
some or all of the general land laws, for the purpose of limiting activities under those laws in order to maintain other
public values in the area or reserving the area for a particular public purpose or program; or transferring jurisdiction
over an area of Federal land, other than "property" governed by the Federal Property and Administrative Services Act,
as amended (40 U.S.C. 472) 1 from one department, bureau or agency to another department, bureau or agency.
(k) An "allotment management plan" means a document prepared in consultation with the lessees or permittees
involved, which applies to livestock operations on the public lands or on lands within National Forests in the eleven
contiguous Western States and which:
(1) prescribes the manner in, and extent to, which livestock operations will be conducted in order to meet the
multiple-use, sustained-yield, economic and other needs and objectives as determined for the lands by the Secretary
concerned; and
(2) describes the type, location, ownership, and general specifications for the range improvements to be installed
and maintained on the lands to meet the livestock grazing and other objectives of land management; and
(3) contains such other provisions relating to livestock grazing and other objectives found by the Secretary
concerned to be consistent with the provisions of this Act and other applicable law.
(l) The term "principal or major uses" includes, and is limited to, domestic livestock grazing, fish and wildlife
development and utilization, mineral exploration and production, rights-of-way, outdoor recreation, and timber
production.
(m) The term "department" means a unit of the executive branch of the Federal Government which is headed by a
member of the President's Cabinet and the term "agency" means a unit of the executive branch of the Federal
Government which is not under the jurisdiction of a head of a department.
(n) The term "Bureau 2 means the Bureau of Land Management.
(o) The term "eleven contiguous Western States" means the States of Arizona, California, Colorado, Idaho, Montana,
Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.

(p) The term "grazing permit and lease" means any document authorizing use of public lands or lands in National
Forests in the eleven contiguous western States for the purpose of grazing domestic livestock.
(Pub. L. 94–579, title I, §103, Oct. 21, 1976, 90 Stat. 2745.)
Editorial Notes

References in Text
This Act, referred to in the opening par. and in subsec. (k), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743,
known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to
the Code, see Tables.
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (j), is act June 30,
1949, ch. 288, 63 Stat. 377, which was substantially repealed and restated in chapters 1 to 11 of Title 40,
Public Buildings, Property, and Works, and division C of subtitle I of Title 41, Public Contracts, by Pub. L.
107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, which Act enacted Title 40, and Pub. L. 111–350,
§§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855, which Act enacted Title 41. For complete classification of this
Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For
disposition of sections of former Titles 40 and 41, see Disposition Tables preceding section 101 of Title 40
and section 101 of Title 41.
1 See References in Text note below.
2 So in original. Probably should be followed by closing quotation marks.

§1703. Cooperative action and sharing of resources by Secretaries of the Interior
and Agriculture
In fiscal year 2012 and each fiscal year thereafter, the Secretaries of the Interior and Agriculture, subject to annual
review of Congress, may establish programs to conduct projects, planning, permitting, leasing, contracting and other
activities, either jointly or on behalf of one another; may co-locate in Federal offices and facilities leased by an agency
of either Department; and may promulgate special rules as needed to test the feasibility of issuing unified permits,
applications, and leases. The Secretaries of the Interior and Agriculture may make reciprocal delegations of their
respective authorities, duties and responsibilities in support of the "Service First" initiative agency-wide to promote
customer service and efficiency. Nothing herein shall alter, expand or limit the applicability of any public law or
regulation to lands administered by the Bureau of Land Management, National Park Service, Fish and Wildlife Service,
or the Forest Service or matters under the purview of other bureaus or offices of either Department. To facilitate the
sharing of resources under the Service First initiative, the Secretaries of the Interior and Agriculture may make
transfers of funds and reimbursement of funds on an annual basis, including transfers and reimbursements for multiyear projects, except that this authority may not be used to circumvent requirements and limitations imposed on the
use of funds.
(Pub. L. 106–291, title III, §330, Oct. 11, 2000, 114 Stat. 996; Pub. L. 109–54, title IV, §428, Aug. 2, 2005, 119 Stat.
555; Pub. L. 111–8, div. E, title IV, §418, Mar. 11, 2009, 123 Stat. 747; Pub. L. 112–74, div. E, title IV, §422, Dec. 23,
2011, 125 Stat. 1045; Pub. L. 113–76, div. G, title IV, §430, Jan. 17, 2014, 128 Stat. 345.)
Editorial Notes

Codification
Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act,
2001, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this
chapter.
Section was formerly set out as a note under section 1701 of this title.

Amendments
2014—Pub. L. 113–76, in first sentence, substituted "programs" for "programs. involving the land
management agencies referred to in this section" and "and may promulgate" for "and promulgate" and, in
third sentence, inserted "or matters under the purview of other bureaus or offices of either Department"
after "Forest Service".
2011—Pub. L. 112–74 substituted "In fiscal year 2012 and each fiscal year thereafter" for "In fiscal years
2001 through 2011" and "programs." for "pilot programs".

2009—Pub. L. 111–8 substituted "2011" for "2008".
2005—Pub. L. 109–54 substituted "2008" for "2005", struck out "may pilot test agency-wide joint

permitting and leasing programs" before ", subject to annual review", inserted "may establish pilot
programs involving the land management agencies referred to in this section to conduct projects,
planning, permitting, leasing, contracting and other activities, either jointly or on behalf of one another;
may co-locate in Federal offices and facilities leased by an agency of either Department;" after
"Congress,", inserted ", National Park Service, Fish and Wildlife Service," after "Bureau of Land
Management", and inserted at end "To facilitate the sharing of resources under the Service First initiative,
the Secretaries of the Interior and Agriculture may make transfers of funds and reimbursement of funds
on an annual basis, including transfers and reimbursements for multi-year projects, except that this
authority may not be used to circumvent requirements and limitations imposed on the use of funds."

SUBCHAPTER II—LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION

§1711. Continuing inventory and identification of public lands; preparation and
maintenance
(a) The Secretary shall prepare and maintain on a continuing basis an inventory of all public lands and their resource
and other values (including, but not limited to, outdoor recreation and scenic values), giving priority to areas of critical
environmental concern. This inventory shall be kept current so as to reflect changes in conditions and to identify new
and emerging resource and other values. The preparation and maintenance of such inventory or the identification of
such areas shall not, of itself, change or prevent change of the management or use of public lands.
(b) As funds and manpower are made available, the Secretary shall ascertain the boundaries of the public lands;
provide means of public identification thereof including, where appropriate, signs and maps; and provide State and
local governments with data from the inventory for the purpose of planning and regulating the uses of non-Federal
lands in proximity of such public lands.
(Pub. L. 94–579, title II, §201, Oct. 21, 1976, 90 Stat. 2747.)

§1712. Land use plans
(a) Development, maintenance, and revision by Secretary
The Secretary shall, with public involvement and consistent with the terms and conditions of this Act, develop,
maintain, and, when appropriate, revise land use plans which provide by tracts or areas for the use of the public lands.
Land use plans shall be developed for the public lands regardless of whether such lands previously have been
classified, withdrawn, set aside, or otherwise designated for one or more uses.
(b) Coordination of plans for National Forest System lands with Indian land use planning and management
programs for purposes of development and revision
In the development and revision of land use plans, the Secretary of Agriculture shall coordinate land use plans for
lands in the National Forest System with the land use planning and management programs of and for Indian tribes by,
among other things, considering the policies of approved tribal land resource management programs.
(c) Criteria for development and revision
In the development and revision of land use plans, the Secretary shall—
(1) use and observe the principles of multiple use and sustained yield set forth in this and other applicable law;
(2) use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological,
economic, and other sciences;
(3) give priority to the designation and protection of areas of critical environmental concern;
(4) rely, to the extent it is available, on the inventory of the public lands, their resources, and other values;
(5) consider present and potential uses of the public lands;
(6) consider the relative scarcity of the values involved and the availability of alternative means (including
recycling) and sites for realization of those values;
(7) weigh long-term benefits to the public against short-term benefits;
(8) provide for compliance with applicable pollution control laws, including State and Federal air, water, noise, or
other pollution standards or implementation plans; and
(9) to the extent consistent with the laws governing the administration of the public lands, coordinate the land use
inventory, planning, and management activities of or for such lands with the land use planning and management
programs of other Federal departments and agencies and of the States and local governments within which the
lands are located, including, but not limited to, the statewide outdoor recreation plans developed under chapter 2003

of title 54, and of or for Indian tribes by, among other things, considering the policies of approved State and tribal
land resource management programs. In implementing this directive, the Secretary shall, to the extent he finds
practical, keep apprised of State, local, and tribal land use plans; assure that consideration is given to those State,
local, and tribal plans that are germane in the development of land use plans for public lands; assist in resolving, to
the extent practical, inconsistencies between Federal and non-Federal Government plans, and shall provide for
meaningful public involvement of State and local government officials, both elected and appointed, in the
development of land use programs, land use regulations, and land use decisions for public lands, including early
public notice of proposed decisions which may have a significant impact on non-Federal lands. Such officials in each
State are authorized to furnish advice to the Secretary with respect to the development and revision of land use
plans, land use guidelines, land use rules, and land use regulations for the public lands within such State and with
respect to such other land use matters as may be referred to them by him. Land use plans of the Secretary under
this section shall be consistent with State and local plans to the maximum extent he finds consistent with Federal law
and the purposes of this Act.
(d) Review and inclusion of classified public lands; review of existing land use plans; modification and
termination of classifications
Any classification of public lands or any land use plan in effect on October 21, 1976, is subject to review in the land
use planning process conducted under this section, and all public lands, regardless of classification, are subject to
inclusion in any land use plan developed pursuant to this section. The Secretary may modify or terminate any such
classification consistent with such land use plans.
(e) Management decisions for implementation of developed or revised plans
The Secretary may issue management decisions to implement land use plans developed or revised under this
section in accordance with the following:
(1) Such decisions, including but not limited to exclusions (that is, total elimination) of one or more of the principal
or major uses made by a management decision shall remain subject to reconsideration, modification, and
termination through revision by the Secretary or his delegate, under the provisions of this section, of the land use
plan involved.
(2) Any management decision or action pursuant to a management decision that excludes (that is, totally
eliminates) one or more of the principal or major uses for two or more years with respect to a tract of land of one
hundred thousand acres or more shall be reported by the Secretary to the House of Representatives and the
Senate. If within ninety days from the giving of such notice (exclusive of days on which either House has adjourned
for more than three consecutive days), the Congress adopts a concurrent resolution of nonapproval of the
management decision or action, then the management decision or action shall be promptly terminated by the
Secretary. If the committee to which a resolution has been referred during the said ninety day period, has not
reported it at the end of thirty calendar days after its referral, it shall be in order to either discharge the committee
from further consideration of such resolution or to discharge the committee from consideration of any other
resolution with respect to the management decision or action. A motion to discharge may be made only by an
individual favoring the resolution, shall be highly privileged (except that it may not be made after the committee has
reported such a resolution), and debate thereon shall be limited to not more than one hour, to be divided equally
between those favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it
shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. If the motion
to discharge is agreed to or disagreed to, the motion may not be made with respect to any other resolution with
respect to the same management decision or action. When the committee has reprinted, or has been discharged
from further consideration of a resolution, it shall at any time thereafter be in order (even though a previous motion to
the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall
be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be
in order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(3) Withdrawals made pursuant to section 1714 of this title may be used in carrying out management decisions,
but public lands shall be removed from or restored to the operation of the Mining Law of 1872, as amended (R.S.
2318–2352; 30 U.S.C. 21 et seq.) or transferred to another department, bureau, or agency only by withdrawal action
pursuant to section 1714 of this title or other action pursuant to applicable law: Provided, That nothing in this section
shall prevent a wholly owned Government corporation from acquiring and holding rights as a citizen under the
Mining Law of 1872.
(f) Procedures applicable to formulation of plans and programs for public land management
The Secretary shall allow an opportunity for public involvement and by regulation shall establish procedures,
including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate
notice and opportunity to comment upon and participate in the formulation of plans and programs relating to the
management of the public lands.
(Pub. L. 94–579, title II, §202, Oct. 21, 1976, 90 Stat. 2747; Pub. L. 113–287, §5(l)(6), Dec. 19, 2014, 128 Stat. 3271.)
Editorial Notes

References in Text

This Act, referred to in subsecs. (a) and (c)(9), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, 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, as amended, referred to in subsec. (e)(3), is act May 10, 1872, ch. 152, 17
Stat. 91, which was incorporated into the Revised Statutes of 1878 as R.S. §§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 R.S. §§2318–2352, see Tables.

Amendments
2014—Subsec. (c)(9). Pub. L. 113–287 substituted "chapter 2003 of title 54" for "the Act of September 3,
1964 (78 Stat. 897), as amended".

§1713. Sales of public land tracts
(a) Criteria for disposal; excepted lands
A tract of the public lands (except land in units of the National Wilderness Preservation System, National Wild and
Scenic Rivers Systems, and National System of Trails) may be sold under this Act where, as a result of land use
planning required under section 1712 of this title, the Secretary determines that the sale of such tract meets the
following disposal criteria:
(1) such tract because of its location or other characteristics is difficult and uneconomic to manage as part of the
public lands, and is not suitable for management by another Federal department or agency; or
(2) such tract was acquired for a specific purpose and the tract is no longer required for that or any other Federal
purpose; or
(3) disposal of such tract will serve important public objectives, including but not limited to, expansion of
communities and economic development, which cannot be achieved prudently or feasibly on land other than public
land and which outweigh other public objectives and values, including, but not limited to, recreation and scenic
values, which would be served by maintaining such tract in Federal ownership.
(b) Conveyance of land of agricultural value and desert in character
Where the Secretary determines that land to be conveyed under clause (3) of subsection (a) of this section is of
agricultural value and is desert in character, such land shall be conveyed either under the sale authority of this section
or in accordance with other existing law.
(c) Congressional approval procedures applicable to tracts in excess of two thousand five hundred acres
Where a tract of the public lands in excess of two thousand five hundred acres has been designated for sale, such
sale may be made only after the end of the ninety days (not counting days on which the House of Representatives or
the Senate has adjourned for more than three consecutive days) beginning on the day the Secretary has submitted
notice of such designation to the Senate and the House of Representatives, and then only if the Congress has not
adopted a concurrent resolution stating that such House does not approve of such designation. If the committee to
which a resolution has been referred during the said ninety day period, has not reported it at the end of thirty calendar
days after its referral, it shall be in order to either discharge the committee from further consideration of such resolution
or to discharge the committee from consideration of any other resolution with respect to the designation. A motion to
discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it may not
be made after the committee has reported such a resolution), and debate thereon shall be limited to not more than one
hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion
shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or
disagreed to. If the motion to discharge is agreed to or disagreed to, the motion may not be made with respect to any
other resolution with respect to the same designation. When the committee has reprinted, or has been discharged from
further consideration of a resolution, it shall at any time thereafter be in order (even though a previous motion to the
same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion shall be
highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in
order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(d) Sale price
Sales of public lands shall be made at a price not less than their fair market value as determined by the Secretary.
(e) Maximum size of tracts
The Secretary shall determine and establish the size of tracts of public lands to be sold on the basis of the land use
capabilities and development requirements of the lands; and, where any such tract which is judged by the Secretary to
be chiefly valuable for agriculture is sold, its size shall be no larger than necessary to support a family-sized farm.
(f) Competitive bidding requirements
Sales of public lands under this section shall be conducted under competitive bidding procedures to be established
by the Secretary. However, where the Secretary determines it necessary and proper in order (1) to assure equitable

distribution among purchasers of lands, or (2) to recognize equitable considerations or public policies, including but not
limited to, a preference to users, he may sell those lands with modified competitive bidding or without competitive
bidding. In recognizing public policies, the Secretary shall give consideration to the following potential purchasers:
(1) the State in which the land is located;
(2) the local government entities in such State which are in the vicinity of the land;
(3) adjoining landowners;
(4) individuals; and
(5) any other person.
(g) Acceptance or rejection of offers to purchase
The Secretary shall accept or reject, in writing, any offer to purchase made through competitive bidding at his
invitation no later than thirty days after the receipt of such offer or, in the case of a tract in excess of two thousand five
hundred acres, at the end of thirty days after the end of the ninety-day period provided in subsection (c) of this section,
whichever is later, unless the offeror waives his right to a decision within such thirty-day period. Prior to the expiration
of such periods the Secretary may refuse to accept any offer or may withdraw any land or interest in land from sale
under this section when he determines that consummation of the sale would not be consistent with this Act or other
applicable law.
(Pub. L. 94–579, title II, §203, Oct. 21, 1976, 90 Stat. 2750.)
Editorial Notes

References in Text
This Act, referred to in subsecs. (a) and (g), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the
Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code,
see Tables.

§1714. Withdrawals of lands
(a) Authorization and limitation; delegation of authority
On and after the effective date of this Act the Secretary is authorized to make, modify, extend, or revoke withdrawals
but only in accordance with the provisions and limitations of this section. The Secretary may delegate this withdrawal
authority only to individuals in the Office of the Secretary who have been appointed by the President, by and with the
advice and consent of the Senate.
(b) Application and procedures applicable subsequent to submission of application
(1) Within thirty days of receipt of an application for withdrawal, and whenever he proposes a withdrawal on his own
motion, the Secretary shall publish a notice in the Federal Register stating that the application has been submitted for
filing or the proposal has been made and the extent to which the land is to be segregated while the application is being
considered by the Secretary. Upon publication of such notice the land shall be segregated from the operation of the
public land laws to the extent specified in the notice. The segregative effect of the application shall terminate upon (a)
rejection of the application by the Secretary, (b) withdrawal of lands by the Secretary, or (c) the expiration of two years
from the date of the notice.
(2) The publication provisions of this subsection are not applicable to withdrawals under subsection (e) hereof.
(c) Congressional approval procedures applicable to withdrawals aggregating five thousand acres or more
(1) On and after October 21, 1976, a withdrawal aggregating five thousand acres or more may be made (or such a
withdrawal or any other withdrawal involving in the aggregate five thousand acres or more which terminates after such
date of approval may be extended) only for a period of not more than twenty years by the Secretary on his own motion
or upon request by a department or agency head. The Secretary shall notify both Houses of Congress of such a
withdrawal no later than its effective date and the withdrawal shall terminate and become ineffective at the end of
ninety days (not counting days on which the Senate or the House of Representatives has adjourned for more than
three consecutive days) beginning on the day notice of such withdrawal has been submitted to the Senate and the
House of Representatives, if the Congress has adopted a concurrent resolution stating that such House does not
approve the withdrawal. If the committee to which a resolution has been referred during the said ninety day period, has
not reported it at the end of thirty calendar days after its referral, it shall be in order to either discharge the committee
from further consideration of such resolution or to discharge the committee from consideration of any other resolution
with respect to the Presidential recommendation. A motion to discharge may be made only by an individual favoring the
resolution, shall be highly privileged (except that it may not be made after the committee has reported such a
resolution), and debate thereon shall be limited to not more than one hour, to be divided equally between those
favoring and those opposing the resolution. An amendment to the motion shall not be in order, and it shall not be in
order to move to reconsider the vote by which the motion was agreed to or disagreed to. If the motion to discharge is
agreed to or disagreed to, the motion may not be made with respect to any other resolution with respect to the same
Presidential recommendation. When the committee has reprinted, or has been discharged from further consideration of

a resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the resolution. The motion shall be highly privileged and shall
not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider
the vote by which the motion was agreed to or disagreed to.
(2) With the notices required by subsection (c)(1) of this section and within three months after filing the notice under
subsection (e) of this section, the Secretary shall furnish to the committees—
(1) a clear explanation of the proposed use of the land involved which led to the withdrawal;
(2) an inventory and evaluation of the current natural resource uses and values of the site and adjacent public and
nonpublic land and how it appears they will be affected by the proposed use, including particularly aspects of use
that might cause degradation of the environment, and also the economic impact of the change in use on individuals,
local communities, and the Nation;
(3) an identification of present users of the land involved, and how they will be affected by the proposed use;
(4) an analysis of the manner in which existing and potential resource uses are incompatible with or in conflict with
the proposed use, together with a statement of the provisions to be made for continuation or termination of existing
uses, including an economic analysis of such continuation or termination;
(5) an analysis of the manner in which such lands will be used in relation to the specific requirements for the
proposed use;
(6) a statement as to whether any suitable alternative sites are available (including cost estimates) for the
proposed use or for uses such a withdrawal would displace;
(7) a statement of the consultation which has been or will be had with other Federal departments and agencies,
with regional, State, and local government bodies, and with other appropriate individuals and groups;
(8) a statement indicating the effect of the proposed uses, if any, on State and local government interests and the
regional economy;
(9) a statement of the expected length of time needed for the withdrawal;
(10) the time and place of hearings and of other public involvement concerning such withdrawal;
(11) the place where the records on the withdrawal can be examined by interested parties; and
(12) a report prepared by a qualified mining engineer, engineering geologist, or geologist which shall include but
not be limited to information on: general geology, known mineral deposits, past and present mineral production,
mining claims, mineral leases, evaluation of future mineral potential, present and potential market demands.
(d) Withdrawals aggregating less than five thousand acres; procedure applicable
A withdrawal aggregating less than five thousand acres may be made under this subsection by the Secretary on his
own motion or upon request by a department or an agency head—
(1) for such period of time as he deems desirable for a resource use; or
(2) for a period of not more than twenty years for any other use, including but not limited to use for administrative
sites, location of facilities, and other proprietary purposes; or
(3) for a period of not more than five years to preserve such tract for a specific use then under consideration by
the Congress.
(e) Emergency withdrawals; procedure applicable; duration
When the Secretary determines, or when the Committee on Natural Resources of the House of Representatives or
the Committee on Energy and Natural Resources of the Senate notifies the Secretary, that an emergency situation
exists and that extraordinary measures must be taken to preserve values that would otherwise be lost, the Secretary
notwithstanding the provisions of subsections (c)(1) and (d) of this section, shall immediately make a withdrawal and
file notice of such emergency withdrawal with both of those Committees. Such emergency withdrawal shall be effective
when made but shall last only for a period not to exceed three years and may not be extended except under the
provisions of subsection (c)(1) or (d), whichever is applicable, and (b)(1) of this section. The information required in
subsection (c)(2) of this subsection 1 shall be furnished the committees within three months after filing such notice.
(f) Review of existing withdrawals and extensions; procedure applicable to extensions; duration
All withdrawals and extensions thereof, whether made prior to or after October 21, 1976, having a specific period
shall be reviewed by the Secretary toward the end of the withdrawal period and may be extended or further extended
only upon compliance with the provisions of subsection (c)(1) or (d), whichever is applicable, and only if the Secretary
determines that the purpose for which the withdrawal was first made requires the extension, and then only for a period
no longer than the length of the original withdrawal period. The Secretary shall report on such review and extensions to
the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate.
(g) Processing and adjudication of existing applications
All applications for withdrawal pending on October 21, 1976 shall be processed and adjudicated to conclusion within
fifteen years of October 21, 1976, in accordance with the provisions of this section. The segregative effect of any
application not so processed shall terminate on that date.
(h) Public hearing required for new withdrawals
All new withdrawals made by the Secretary under this section (except an emergency withdrawal made under
subsection (e) of this section) shall be promulgated after an opportunity for a public hearing.

(i) Consent for withdrawal of lands under administration of department or agency other than Department of the
Interior
In the case of lands under the administration of any department or agency other than the Department of the Interior,
the Secretary shall make, modify, and revoke withdrawals only with the consent of the head of the department or
agency concerned, except when the provisions of subsection (e) of this section apply.
(j) Applicability of other Federal laws withdrawing lands as limiting authority
The Secretary shall not make, modify, or revoke any withdrawal created by Act of Congress; make a withdrawal
which can be made only by Act of Congress; modify or revoke any withdrawal creating national monuments under
chapter 3203 of title 54; or modify, or revoke any withdrawal which added lands to the National Wildlife Refuge System
prior to October 21, 1976, or which thereafter adds lands to that System under the terms of this Act. Nothing in this Act
is intended to modify or change any provision of the Act of February 27, 1976 (90 Stat. 199; 16 U.S.C. 668dd(a)).
(k) Authorization of appropriations for processing applications
There is hereby authorized to be appropriated the sum of $10,000,000 for the purpose of processing withdrawal
applications pending on the effective date of this Act, to be available until expended.
(l) Review of existing withdrawals in certain States; procedure applicable for determination of future status of
lands; authorization of appropriations
(1) The Secretary shall, within fifteen years of October 21, 1976, review withdrawals existing on October 21, 1976, in
the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and
Wyoming of (1) all Federal lands other than withdrawals of the public lands administered by the Bureau of Land
Management and of lands which, on October 21, 1976, were part of Indian reservations and other Indian holdings, the
National Forest System, the National Park System, the National Wildlife Refuge System, other lands administered by
the Fish and Wildlife Service or the Secretary through the Fish and Wildlife Service, the National Wild and Scenic
Rivers System, and the National System of Trails; and (2) all public lands administered by the Bureau of Land
Management and of lands in the National Forest System (except those in wilderness areas, and those areas formally
identified as primitive or natural areas or designated as national recreation areas) which closed the lands to
appropriation under the Mining Law of 1872 (17 Stat. 91, as amended; 30 U.S.C. 22 et seq.) or to leasing under the
Mineral Leasing Act of 1920 (41 Stat. 437, as amended; 30 U.S.C. 181 et seq.).
(2) In the review required by paragraph (1) of this subsection, the Secretary shall determine whether, and for how
long, the continuation of the existing withdrawal of the lands would be, in his judgment, consistent with the statutory
objectives of the programs for which the lands were dedicated and of the other relevant programs. The Secretary shall
report his recommendations to the President, together with statements of concurrence or nonconcurrence submitted by
the heads of the departments or agencies which administer the lands. The President shall transmit this report to the
President of the Senate and the Speaker of the House of Representatives, together with his recommendations for
action by the Secretary, or for legislation. The Secretary may act to terminate withdrawals other than those made by
Act of the Congress in accordance with the recommendations of the President unless before the end of ninety days
(not counting days on which the Senate and the House of Representatives has adjourned for more than three
consecutive days) beginning on the day the report of the President has been submitted to the Senate and the House of
Representatives the Congress has adopted a concurrent resolution indicating otherwise. If the committee to which a
resolution has been referred during the said ninety day period, has not reported it at the end of thirty calendar days
after its referral, it shall be in order to either discharge the committee from further consideration of such resolution or to
discharge the committee from consideration of any other resolution with respect to the Presidential recommendation. A
motion to discharge may be made only by an individual favoring the resolution, shall be highly privileged (except that it
may not be made after the committee has reported such a resolution), and debate thereon shall be limited to not more
than one hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the
motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed
to or disagreed to. If the motion to discharge is agreed to or disagreed to, the motion may not be made with respect to
any other resolution with respect to the same Presidential recommendation. When the committee has reprinted, or has
been discharged from further consideration of a resolution, it shall at any time thereafter be in order (even though a
previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution.
The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order,
and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to.
(3) There are hereby authorized to be appropriated not more than $10,000,000 for the purpose of paragraph (1) of
this subsection to be available until expended to the Secretary and to the heads of other departments and agencies
which will be involved.
(Pub. L. 94–579, title II, §204, Oct. 21, 1976, 90 Stat. 2751; Pub. L. 103–437, §16(d)(1), Nov. 2, 1994, 108 Stat. 4594;
Pub. L. 113–287, §5(l)(7), Dec. 19, 2014, 128 Stat. 3271.)
Editorial Notes

References in Text

On and after the effective date of this Act, referred to in subsecs. (a) and (k), probably means on and
after the date of enactment of Pub. L. 94–579, which was approved Oct. 21, 1976.
Act of February 27, 1976 (90 Stat. 199; 16 U.S.C. 668dd(a)), referred to in subsec. (j), is Pub. L. 94–223,
Feb. 27, 1976, 90 Stat. 199, which amended section 668dd of Title 16. For complete classification of this Act
to the Code, see Tables.
This Act, referred to in subsec. (j), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, 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 (17 Stat. 91, as amended; 30 U.S.C. 22 et seq.), referred to in subsec. (l)(1), is
act May 10, 1972, ch. 152, 17 Stat. 91. That act was incorporated into the Revised Statutes as R.S.
§§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 R.S. §§2319
to 2328, 2331, 2333 to 2337, and 2344 to the Code, see Tables.
The Mineral Leasing Act of 1920 (41 Stat. 437, as amended; 30 U.S.C. 181 et seq.), referred to in subsec.
(l)(1), is act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which is classified
generally to chapter 3A (§181 et seq.) of Title 30. For complete classification of this Act to the Code, see
Short Title note set out under section 181 of Title 30 and Tables.

Amendments
2014—Subsec. (j). Pub. L. 113–287 substituted "chapter 3203 of title 54" for "the Act of June 8, 1906 (34
Stat. 225; 16 U.S.C. 431–433)".
1994—Subsec. (e). Pub. L. 103–437, §16(d)(1)(A), substituted "Committee on Natural Resources of the

House of Representatives or the Committee on Energy and Natural Resources of the Senate" for
"Committee on Interior and Insular Affairs of either the House of Representatives or the Senate" and
"both of those Committees" for "the Committees on Interior and Insular Affairs of the Senate and the
House of Representatives".
Subsec. (f). Pub. L. 103–437, §16(d)(1)(B), substituted "Committee on Natural Resources of the House
of Representatives and the Committee on Energy and Natural Resources of the Senate" for "Committees
on Interior and Insular Affairs of the House of Representatives and the Senate".
1 So in original. Probably should be "section".

§1715. Acquisitions of public lands and access over non-Federal lands to National
Forest System units
(a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture
Notwithstanding any other provisions of law, the Secretary, with respect to the public lands and the Secretary of
Agriculture, with respect to the acquisition of access over non-Federal lands to units of the National Forest System, are
authorized to acquire pursuant to this Act by purchase, exchange, donation, or eminent domain, lands or interests
therein: Provided, That with respect to the public lands, the Secretary may exercise the power of eminent domain only
if necessary to secure access to public lands, and then only if the lands so acquired are confined to as narrow a
corridor as is necessary to serve such purpose. Nothing in this subsection shall be construed as expanding or limiting
the authority of the Secretary of Agriculture to acquire land by eminent domain within the boundaries of units of the
National Forest System.
(b) Conformity to departmental policies and land-use plan of acquisitions
Acquisitions pursuant to this section shall be consistent with the mission of the department involved and with
applicable departmental land-use plans.
(c) Status of lands and interests in lands upon acquisition by Secretary of the Interior; transfers to Secretary
of Agriculture of lands and interests in lands acquired within National Forest System boundaries
Except as provided in subsection (e), lands and interests in lands acquired by the Secretary pursuant to this section
or section 1716 of this title shall, upon acceptance of title, become public lands, and, for the administration of public
land laws not repealed by this Act, shall remain public lands. If such acquired lands or interests in lands are located
within the exterior boundaries of a grazing district established pursuant to section 315 of this title, they shall become a
part of that district. Lands and interests in lands acquired pursuant to this section which are within boundaries of the
National Forest System may be transferred to the Secretary of Agriculture and shall then become National Forest
System lands and subject to all the laws, rules, and regulations applicable thereto.
(d) Status of lands and interests in lands upon acquisition by Secretary of Agriculture
Lands and interests in lands acquired by the Secretary of Agriculture pursuant to this section shall, upon acceptance
of title, become National Forest System lands subject to all the laws, rules, and regulations applicable thereto.

(e) Status and administration of lands acquired in exchange for lands revested in or reconveyed to United
States
Lands acquired by the Secretary pursuant to this section or section 1716 of this title in exchange for lands which
were revested in the United States pursuant to the provisions of the Act of June 9, 1916 (39 Stat. 218) or reconveyed
to the United States pursuant to the provisions of the Act of February 26, 1919 (40 Stat. 1179), shall be considered for
all purposes to have the same status as, and shall be administered in accordance with the same provisions of law
applicable to, the revested or reconveyed lands exchanged for the lands acquired by the Secretary.
(Pub. L. 94–579, title II, §205, Oct. 21, 1976, 90 Stat. 2755; Pub. L. 99–632, §5, Nov. 7, 1986, 100 Stat. 3521.)
Editorial Notes

References in Text
This Act, referred to in subsecs. (a) and (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the
Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code,
see Tables.
Act of June 9, 1916, referred to in subsec. (e), is not classified to the Code.
Act of February 26, 1919, referred to in subsec. (e), is act Feb. 26, 1919, ch. 47, 40 Stat. 1179, which is
not classified to the Code.

Amendments
1986—Subsec. (c). Pub. L. 99–632, §5(1), inserted exception relating to subsec. (e).
Subsec. (e). Pub. L. 99–632, §5(2), added subsec. (e).

§1716. Exchanges of public lands or interests therein within the National Forest
System
(a) Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture
A tract of public land or interests therein may be disposed of by exchange by the Secretary under this Act and a tract
of land or interests therein within the National Forest System may be disposed of by exchange by the Secretary of
Agriculture under applicable law where the Secretary concerned determines that the public interest will be well served
by making that exchange: Provided, That when considering public interest the Secretary concerned shall give full
consideration to better Federal land management and the needs of State and local people, including needs for lands
for the economy, community expansion, recreation areas, food, fiber, minerals, and fish and wildlife and the Secretary
concerned finds that the values and the objectives which Federal lands or interests to be conveyed may serve if
retained in Federal ownership are not more than the values of the non-Federal lands or interests and the public
objectives they could serve if acquired.
(b) Implementation requirements; cash equalization waiver
In exercising the exchange authority granted by subsection (a) or by section 1715(a) of this title, the Secretary
concerned may accept title to any non-Federal land or interests therein in exchange for such land, or interests therein
which he finds proper for transfer out of Federal ownership and which are located in the same State as the nonFederal land or interest to be acquired. For the purposes of this subsection, unsurveyed school sections which, upon
survey by the Secretary, would become State lands, shall be considered as "non-Federal lands". The values of the
lands exchanged by the Secretary under this Act and by the Secretary of Agriculture under applicable law relating to
lands within the National Forest System either shall be equal, or if they are not equal, the values shall be equalized by
the payment of money to the grantor or to the Secretary concerned as the circumstances require so long as payment
does not exceed 25 per centum of the total value of the lands or interests transferred out of Federal ownership. The
Secretary concerned and the other party or parties involved in the exchange may mutually agree to waive the
requirement for the payment of money to equalize values where the Secretary concerned determines that the
exchange will be expedited thereby and that the public interest will be better served by such a waiver of cash
equalization payments and where the amount to be waived is no more than 3 per centum of the value of the lands
being transferred out of Federal ownership or $15,000, whichever is less, except that the Secretary of Agriculture shall
not agree to waive any such requirement for payment of money to the United States. The Secretary concerned shall try
to reduce the amount of the payment of money to as small an amount as possible.
(c) Status of lands acquired upon exchange by Secretary of the Interior
Lands acquired by the Secretary by exchange under this section which are within the boundaries of any unit of the
National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers
System, National Trails System, National Wilderness Preservation System, or any other system established by Act of
Congress, or the boundaries of the California Desert Conservation Area, or the boundaries of any national
conservation area or national recreation area established by Act of Congress, upon acceptance of title by the United

States shall immediately be reserved for and become a part of the unit or area within which they are located, without
further action by the Secretary, and shall thereafter be managed in accordance with all laws, rules, and regulations
applicable to such unit or area.
(d) Appraisal of land; submission to arbitrator; determination to proceed or withdraw from exchange; use of
other valuation process; suspension of deadlines
(1) No later than ninety days after entering into an agreement to initiate an exchange of land or interests therein
pursuant to this Act or other applicable law, the Secretary concerned and other party or parties involved in the
exchange shall arrange for appraisal (to be completed within a time frame and under such terms as are negotiated by
the parties) of the lands or interests therein involved in the exchange in accordance with subsection (f) of this section.
(2) If within one hundred and eighty days after the submission of an appraisal or appraisals for review and approval
by the Secretary concerned, the Secretary concerned and the other party or parties involved cannot agree to accept
the findings of an appraisal or appraisals, the appraisal or appraisals shall be submitted to an arbitrator appointed by
the Secretary from a list of arbitrators submitted to him by the American Arbitration Association for arbitration to be
conducted in accordance with the real estate valuation arbitration rules of the American Arbitration Association. Such
arbitration shall be binding for a period of not to exceed two years on the Secretary concerned and the other party or
parties involved in the exchange insofar as concerns the value of the lands which were the subject of the appraisal or
appraisals.
(3) Within thirty days after the completion of the arbitration, the Secretary concerned and the other party or parties
involved in the exchange shall determine whether to proceed with the exchange, modify the exchange to reflect the
findings of the arbitration or any other factors, or to withdraw from the exchange. A decision to withdraw from the
exchange may be made by either the Secretary concerned or the other party or parties involved.
(4) Instead of submitting the appraisal to an arbitrator, as provided in paragraph (2) of this section,1 the Secretary
concerned and the other party or parties involved in an exchange may mutually agree to employ a process of
bargaining or some other process to determine the values of the properties involved in the exchange.
(5) The Secretary concerned and the other party or parties involved in an exchange may mutually agree to suspend
or modify any of the deadlines contained in this subsection.
(e) Simultaneous issue of patents or titles
Unless mutually agreed otherwise by the Secretary concerned and the other party or parties involved in an
exchange pursuant to this Act or other applicable law, all patents or titles to be issued for land or interests therein to be
acquired by the Federal Government and lands or interest therein to be transferred out of Federal ownership shall be
issued simultaneously after the Secretary concerned has taken any necessary steps to assure that the United States
will receive acceptable title.
(f) New rules and regulations; appraisal rules and regulations; "costs and other responsibilities or
requirements" defined
(1) Within one year after August 20, 1988, the Secretaries of the Interior and Agriculture shall promulgate new and
comprehensive rules and regulations governing exchanges of land and interests therein pursuant to this Act and other
applicable law. Such rules and regulations shall fully reflect the changes in law made by subsections (d) through (i) of
this section and shall include provisions pertaining to appraisals of lands and interests therein involved in such
exchanges.
(2) The provisions of the rules and regulations issued pursuant to paragraph (1) of this subsection governing
appraisals shall reflect nationally recognized appraisal standards, including, to the extent appropriate, the Uniform
Appraisal Standards for Federal Land Acquisitions: Provided, however, That the provisions of such rules and
regulations shall—
(A) ensure that the same nationally approved appraisal standards are used in appraising lands or interest therein
being acquired by the Federal Government and appraising lands or interests therein being transferred out of Federal
ownership; and
(B) with respect to costs or other responsibilities or requirements associated with land exchanges—
(i) recognize that the parties involved in an exchange may mutually agree that one party (or parties) will
assume, without compensation, all or part of certain costs or other responsibilities or requirements ordinarily borne
by the other party or parties; and
(ii) also permit the Secretary concerned, where such Secretary determines it is in the public interest and it is in
the best interest of consummating an exchange pursuant to this Act or other applicable law, and upon mutual
agreement of the parties, to make adjustments to the relative values involved in an exchange transaction in order
to compensate a party or parties to the exchange for assuming costs or other responsibilities or requirements
which would ordinarily be borne by the other party or parties.
As used in this subparagraph, the term "costs or other responsibilities or requirements" shall include, but not be
limited to, costs or other requirements associated with land surveys and appraisals, mineral examinations, title
searches, archeological surveys and salvage, removal of encumbrances, arbitration pursuant to subsection (d) of this
section, curing deficiencies preventing highest and best use, and other costs to comply with laws, regulations and
policies applicable to exchange transactions, or which are necessary to bring the Federal or non-Federal lands or
interests involved in the exchange to their highest and best use for the appraisal and exchange purposes. Prior to

making any adjustments pursuant to this subparagraph, the Secretary concerned shall be satisfied that the amount of
such adjustment is reasonable and accurately reflects the approximate value of any costs or services provided or any
responsibilities or requirements assumed.
(g) Exchanges to proceed under existing laws and regulations pending new rules and regulations
Until such time as new and comprehensive rules and regulations governing exchange of land and interests therein
are promulgated pursuant to subsection (f) of this section, land exchanges may proceed in accordance with existing
laws and regulations, and nothing in the Act shall be construed to require any delay in, or otherwise hinder, the
processing and consummation of land exchanges pending the promulgation of such new and comprehensive rules and
regulations. Where the Secretary concerned and the party or parties involved in an exchange have agreed to initiate
an exchange of land or interests therein prior to the day of enactment of such subsections, subsections (d) through (i)
of this section shall not apply to such exchanges unless the Secretary concerned and the party or parties involved in
the exchange mutually agree otherwise.
(h) Exchange of lands or interests of approximately equal value; conditions; "approximately equal value"
defined
(1) Notwithstanding the provisions of this Act and other applicable laws which require that exchanges of land or
interests therein be for equal value, where the Secretary concerned determines it is in the public interest and that the
consummation of a particular exchange will be expedited thereby, the Secretary concerned may exchange lands or
interests therein which are of approximately equal value in cases where—
(A) the combined value of the lands or interests therein to be transferred from Federal ownership by the Secretary
concerned in such exchange is not more than $150,000; and
(B) the Secretary concerned finds in accordance with the regulations to be promulgated pursuant to subsection (f)
of this section that a determination of approximately equal value can be made without formal appraisals, as based
on a statement of value made by a qualified appraiser and approved by an authorized officer; and
(C) the definition of and procedure for determining "approximately equal value" has been set forth in regulations by
the Secretary concerned and the Secretary concerned documents how such determination was made in the case of
the particular exchange involved.
(2) As used in this subsection, the term "approximately equal value" shall have the same meaning with respect to
lands managed by the Secretary of Agriculture as it does in the Act of January 22, 1983 (commonly known as the
"Small Tracts Act").
(i) Segregation from appropriation under mining and public land laws
(1) Upon receipt of an offer to exchange lands or interests in lands pursuant to this Act or other applicable laws, at
the request of the head of the department or agency having jurisdiction over the lands involved, the Secretary of the
Interior may temporarily segregate the Federal lands under consideration for exchange from appropriation under the
mining laws. Such temporary segregation may only be made for a period of not to exceed five years. Upon a decision
not to proceed with the exchange or upon deletion of any particular parcel from the exchange offer, the Federal lands
involved or deleted shall be promptly restored to their former status under the mining laws. Any segregation pursuant
to this paragraph shall be subject to valid existing rights as of the date of such segregation.
(2) All non-Federal lands which are acquired by the United States through exchange pursuant to this Act or pursuant
to other law applicable to lands managed by the Secretary of Agriculture shall be automatically segregated from
appropriation under the public land law, including the mining laws, for ninety days after acceptance of title by the
United States. Such segregation shall be subject to valid existing rights as of the date of such acceptance of title. At
the end of such ninety day period, such segregation shall end and such lands shall be open to operation of the public
land laws and to entry, location, and patent under the mining laws except to the extent otherwise provided by this Act
or other applicable law, or appropriate actions pursuant thereto.
(Pub. L. 94–579, title II, §206, Oct. 21, 1976, 90 Stat. 2756; Pub. L. 100–409, §§3, 9, Aug. 20, 1988, 102 Stat. 1087,
1092.)
Editorial Notes

References in Text
This Act, referred to in subsecs. (a), (b), (d)(1), (e), (f)(1), (2)(B)(ii), (g), (h)(1), and (i), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For
complete classification of this Act to the Code, see Tables.
Act of January 22, 1983 (commonly known as the "Small Tracts Act"), referred to in subsec. (h)(2), is
Pub. L. 97–465, Jan. 12, 1983, 96 Stat. 2535, which enacted sections 521c to 521i of Title 16, Conservation,
and amended section 484a of Title 16. For complete classification of this Act to the Code, see Tables.

Amendments
1988—Subsec. (b). Pub. L. 100–409, §3(b), inserted "concerned" after "Secretary" in first sentence.

Pub. L. 100–409, §9, inserted provision relating to waiver of cash equalization payments.
Subsec. (c). Pub. L. 100–409, §3(c), amended subsec. (c) generally. Prior to amendment, subsec. (c)

read as follows: "Lands acquired by exchange under this section by the Secretary which are within the
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
to the National Forest System. Lands acquired by exchange by the Secretary under this section which
are within the boundaries of National Park, Wildlife Refuge, Wild and Scenic Rivers, Trails, or any other
System established by Act of Congress may be transferred to the appropriate agency head for
administration as part of such System and in accordance with the laws, rules, and regulations applicable
to such System."
Subsecs. (d) to (i). Pub. L. 100–409, §3(a), added subsecs. (d) to (i).
Statutory Notes and Related Subsidiaries

Congressional Statement of Findings and Purposes
Pub. L. 100–409, §2, Aug. 20, 1988, 102 Stat. 1086, provided that:
"(a) Findings.—The Congress finds and declares that—

"(1) land exchanges are a very important tool for Federal and State land managers and private
landowners to consolidate Federal, State, and private holdings of land or interests in land for purposes
of more efficient management and to secure important objectives including the protection of fish and
wildlife habitat and aesthetic values; the enhancement of recreation opportunities; the consolidation of
mineral and timber holdings for more logical and efficient development; the expansion of communities;
the promotion of multiple-use values; and fulfillment of public needs;
"(2) needs for land ownership adjustments and consolidation consistently outpace available
funding for land purchases by the Federal Government and thereby make land exchanges an
increasingly important method of land acquisition and consolidation for both Federal and State land
managers and private landowners;
"(3) the Federal Land Policy and Management Act of 1976 [Pub. L. 94–579, see Short Title note set
out under section 1701 of this title] and other laws provide a basic framework and authority for land
exchanges involving lands under the jurisdiction of the Secretary of the Interior and the Secretary of
Agriculture; and
"(4) such existing laws are in need of certain revisions to streamline and facilitate land exchange
procedures and expedite exchanges.
"(b) Purposes.—The purposes of this Act [see Short Title of 1988 Amendment note set out under
section 1701 of this title] are:
"(1) to facilitate and expedite land exchanges pursuant to the Federal Land Policy and
Management Act of 1976 and other laws applicable to exchanges involving lands managed by the
Departments of the Interior and Agriculture by—
"(A) providing more uniform rules and regulations pertaining to land appraisals which reflect
nationally recognized appraisal standards; and
"(B) establishing procedures and guidelines for the resolution of appraisal disputes.[;]
"(2) to provide sufficient resources to the Secretaries of the Interior and Agriculture to ensure that
land exchange activities can proceed consistent with the public interest; and
"(3) to require a study and report concerning improvements in the handling of certain information
related to Federal and other lands."

Land Exchange Funding Authorization
Pub. L. 100–409, §4, Aug. 20, 1988, 102 Stat. 1090, provided that: "In order to ensure that there are
increased funds and personnel available to the Secretaries of the Interior and Agriculture to consider,
process, and consummate land exchanges pursuant to the Federal Land Policy and Management Act of
1976 [Pub. L. 94–579, see Short Title note set out under section 1701 of this title] and other applicable law,
there are hereby authorized to be appropriated for fiscal years 1989 through 1998 an annual amount not
to exceed $4,000,000 which shall be used jointly or divided among the Secretaries as they determine
appropriate for the consideration, processing, and consummation of land exchanges pursuant to the
Federal Land Policy and Management Act of 1976, as amended, and other applicable law. Such moneys
are expressly intended by Congress to be in addition to, and not offset against, moneys otherwise
annually requested by the Secretaries, and appropriated by Congress for land exchange purposes."

Savings Provision

Pub. L. 100–409, §5, Aug. 20, 1988, 102 Stat. 1090, provided that: "Nothing in this Act [see Short Title of
1988 Amendment note set out under section 1701 of this title] shall be construed as amending the Alaska
Native Claims Settlement Act (Public Law 92–203, as amended) [43 U.S.C. 1601 et seq.] or the Alaska
National Interest Lands Conservation Act (Public Law 96–487, as amended) [see Tables for classification]
or as enlarging or diminishing the authority with regard to exchanges conferred upon either the Secretary
of the Interior or the Secretary of Agriculture by either such Acts. If any provision of this Act or the
application thereof is held invalid, the remainder of the Act and the application thereof shall not be
affected thereby. Nothing in this Act shall be construed to change the discretionary nature of land
exchanges or to prohibit the Secretary concerned or any other party or parties involved in a land
exchange from withdrawing from the exchange at any time, unless the Secretary concerned and the
other party or parties specifically commit otherwise by written agreement."
1 So in original. Probably should be "subsection,".

§1717. Qualifications of conveyees
No tract of land may be disposed of under this Act, whether by sale, exchange, or donation, to any person who is not
a citizen of the United States, or in the case of a corporation, is not subject to the laws of any State or of the United
States.
(Pub. L. 94–579, title II, §207, Oct. 21, 1976, 90 Stat. 2757.)
Editorial Notes

References in Text
This Act, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land
Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

§1718. Documents of conveyance; terms, covenants, etc.
The Secretary shall issue all patents or other documents of conveyance after any disposal authorized by this Act.
The Secretary shall insert in any such patent or other document of conveyance he issues, except in the case of land
exchanges, for which the provisions of subsection 1716(b) of this title shall apply, such terms, covenants, conditions,
and reservations as he deems necessary to insure proper land use and protection of the public interest: Provided, That
a conveyance of lands by the Secretary, subject to such terms, covenants, conditions, and reservations, shall not
exempt the grantee from compliance with applicable Federal or State law or State land use plans: Provided further,
That the Secretary shall not make conveyances of public lands containing terms and conditions which would, at the
time of the conveyance, constitute a violation of any law or regulation pursuant to State and local land use plans, or
programs.
(Pub. L. 94–579, title II, §208, Oct. 21, 1976, 90 Stat. 2757.)
Editorial Notes

References in Text
This Act, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land
Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

§1719. Mineral interests; reservation and conveyance requirements and
procedures
(a) All conveyances of title issued by the Secretary, except those involving land exchanges provided for in section
1716 of this title, shall reserve to the United States all minerals in the lands, together with the right to prospect for,
mine, and remove the minerals under applicable law and such regulations as the Secretary may prescribe, except that
if the Secretary makes the findings specified in subsection (b) of this section, the minerals may then be conveyed
together with the surface to the prospective surface owner as provided in subsection (b).
(b)(1) The Secretary, after consultation with the appropriate department or agency head, may convey mineral
interests owned by the United States where the surface is or will be in non-Federal ownership, regardless of which
Federal entity may have administered the surface, if he finds (1) that there are no known mineral values in the land, or

(2) that the reservation of the mineral rights in the United States is interfering with or precluding appropriate nonmineral
development of the land and that such development is a more beneficial use of the land than mineral development.
(2) Conveyance of mineral interests pursuant to this section shall be made only to the existing or proposed record
owner of the surface, upon payment of administrative costs and the fair market value of the interests being conveyed.
(3) Before considering an application for conveyance of mineral interests pursuant to this section—
(i) the Secretary shall require the deposit by the applicant of a sum of money which he deems sufficient to cover
administrative costs including, but not limited to, costs of conducting an exploratory program to determine the
character of the mineral deposits in the land, evaluating the data obtained under the exploratory program to
determine the fair market value of the mineral interests to be conveyed, and preparing and issuing the documents of
conveyance: Provided, That, if the administrative costs exceed the deposit, the applicant shall pay the outstanding
amount; and, if the deposit exceeds the administrative costs, the applicant shall be given a credit for or refund of the
excess; or
(ii) the applicant, with the consent of the Secretary, shall have conducted, and submitted to the Secretary the
results of, such an exploratory program, in accordance with standards promulgated by the Secretary.
(4) Moneys paid to the Secretary for administrative costs pursuant to this subsection shall be paid to the agency
which rendered the service and deposited to the appropriation then current.
(Pub. L. 94–579, title II, §209, Oct. 21, 1976, 90 Stat. 2757.)

§1720. Coordination by Secretary of the Interior with State and local governments
At least sixty days prior to offering for sale or otherwise conveying public lands under this Act, the Secretary shall
notify the Governor of the State within which such lands are located and the head of the governing body of any political
subdivision of the State having zoning or other land use regulatory jurisdiction in the geographical area within which
such lands are located, in order to afford the appropriate body the opportunity to zone or otherwise regulate, or change
or amend existing zoning or other regulations concerning the use of such lands prior to such conveyance. The
Secretary shall also promptly notify such public officials of the issuance of the patent or other document of conveyance
for such lands.
(Pub. L. 94–579, title II, §210, Oct. 21, 1976, 90 Stat. 2758.)
Editorial Notes

References in Text
This Act, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land
Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

§1721. Conveyances of public lands to States, local governments, etc.
(a) Unsurveyed islands; authorization and limitations on authority
The Secretary is authorized to convey to States or their political subdivisions under the Recreation and Public
Purposes Act (44 Stat. 741 as amended; 43 U.S.C. 869 et seq.), as amended, but without regard to the acreage
limitations contained therein, unsurveyed islands determined by the Secretary to be public lands of the United States.
The conveyance of any such island may be made without survey: Provided, however, That such island may be
surveyed at the request of the applicant State or its political subdivision if such State or subdivision donates money or
services to the Secretary for such survey, the Secretary accepts such money or services, and such services are
conducted pursuant to criteria established by the Director of the Bureau of Land Management. Any such island so
surveyed shall not be conveyed without approval of such survey by the Secretary prior to the conveyance.
(b) Omitted lands; authorization and limitations on authority
(1) The Secretary is authorized to convey to States and their political subdivisions under the Recreation and Public
Purposes Act [43 U.S.C. 869 to 869–4], but without regard to the acreage limitations contained therein, lands other
than islands determined by him after survey to be public lands of the United States erroneously or fraudulently omitted
from the original surveys (hereinafter referred to as "omitted lands"). Any such conveyance shall not be made without a
survey: Provided, That the prospective recipient may donate money or services to the Secretary for the surveying
necessary prior to conveyance if the Secretary accepts such money or services, such services are conducted pursuant
to criteria established by the Director of the Bureau of Land Management, and such survey is approved by the
Secretary prior to the conveyance.
(2) The Secretary is authorized to convey to the occupant of any omitted lands which, after survey, are found to have
been occupied and developed for a five-year period prior to January 1, 1975, if the Secretary determines that such
conveyance is in the public interest and will serve objectives which outweigh all public objectives and values which
would be served by retaining such lands in Federal ownership. Conveyance under this subparagraph shall be made at

not less than the fair market value of the land, as determined by the Secretary, and upon payment in addition of
administrative costs, including the cost of making the survey, the cost of appraisal, and the cost of making the
conveyance.
(c) Conformity with land use plans and programs and coordination with State and local governments of
conveyances
(1) No conveyance shall be made pursuant to this section until the relevant State government, local government,
and areawide planning agency designated pursuant to section 204 of the Demonstration Cities and Metropolitan
Development Act of 1966 (80 Stat. 1255, 1262) [42 U.S.C. 3334] and/or section 6506 of title 31 have notified the
Secretary as to the consistency of such conveyance with applicable State and local government land use plans and
programs.
(2) The provisions of section 1720 of this title shall be applicable to all conveyances under this section.
(d) Applicability of other statutory requirements for authorized use of conveyed lands
The final sentence of section 1(c) of the Recreation and Public Purposes Act [43 U.S.C. 869(c)] shall not be
applicable to conveyances under this section.
(e) Limitations on uses of conveyed lands
No conveyance pursuant to this section shall be used as the basis for determining the baseline between Federal and
State ownership, the boundary of any State for purposes of determining the extent of a State's submerged lands or the
line of demarcation of Federal jurisdiction, or any similar or related purpose.
(f) Applicability to lands within National Forest System, National Park System, National Wildlife Refuge
System, and National Wild and Scenic Rivers System
The provisions of this section shall not apply to any lands within the National Forest System, defined in the Act of
August 17, 1974 (88 Stat. 476; 16 U.S.C. 1601), the National Park System, the National Wildlife Refuge System, and
the National Wild and Scenic Rivers System.
(g) Applicability to other statutory provisions authorizing sale of specific omitted lands
Nothing in this section shall supersede the provisions of the Act of December 22, 1928 (45 Stat. 1069; 43 U.S.C.
1068), as amended, and the Act of May 31, 1962 (76 Stat. 89), or any other Act authorizing the sale of specific omitted
lands.
(Pub. L. 94–579, title II, §211, Oct. 21, 1976, 90 Stat. 2758.)
Editorial Notes

References in Text
The Recreation and Public Purposes Act, referred to in subsecs. (a) and (b)(1), is act June 14, 1926,
ch. 578, 44 Stat. 741, which is classified to sections 869 to 869–4 of this title. For complete classification of
this Act to the Code, see Short Title note set out under section 869 of this title and Tables.
Act of August 17, 1974 (88 Stat. 476; 16 U.S.C. 1601), referred to in subsec. (f), is Pub. L. 93–378, Aug. 17,
1974, 88 Stat. 476, known as the Forest and Rangelands Renewable Resources Planning Act of 1974,
which is classified generally to subchapter I (§1600 et seq.) chapter 36 of Title 16, Conservation. The
provisions of such Act defining the lands within the National Forest System are set out in section 1609 of
Title 16. For complete classification of this Act to the Code, see Short Title note set out under section 1600
of Title 16 and Tables.
Act of December 22, 1928 (45 Stat. 1069; 43 U.S.C. 1068), as amended, referred to in subsec. (g), is act
Dec. 22, 1928, ch. 47, 45 Stat. 1069, as amended, which is classified generally to chapter 25A (§1068 et
seq.) of this title. For complete classification of this Act to the Code, see Tables.
Act of May 31, 1962, referred to in subsec. (g), is Pub. L. 87–469, May 31, 1962, 76 Stat. 89, which is not
classified to the Code.

Codification
In subsec. (c)(1), "section 6506 of title 31" substituted for "title IV of the Intergovernmental Cooperation
Act of 1968 (82 Stat. 1098, 1103–4) [42 U.S.C. 4231 et seq.]" on authority of Pub. L. 97–258, §4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

§1722. Sale of public lands subject to unintentional trespass
(a) Preference right of contiguous landowners; offering price
Notwithstanding the provisions of the Act of September 26, 1968 (82 Stat. 870; 43 U.S.C. 1431–1435), hereinafter
called the "1968 Act", with respect to applications under the 1968 Act which were pending before the Secretary as of

the effective date of this subsection and which he approves for sale under the criteria prescribed by the 1968 Act, he
shall give the right of first refusal to those having a preference right under section 2 of the 1968 Act [43 U.S.C. 1432].
The Secretary shall offer such lands to such preference right holders at their fair market value (exclusive of any values
added to the land by such holders and their predecessors in interest) as determined by the Secretary as of September
26, 1973.
(b) Procedures applicable
Within three years after October 21, 1976, the Secretary shall notify the filers of applications subject to paragraph (a)
of this section whether he will offer them the lands applied for and at what price; that is, their fair market value as of
September 26, 1973, excluding any value added to the lands by the applicants or their predecessors in interest. He will
also notify the President of the Senate and the Speaker of the House of Representatives of the lands which he has
determined not to sell pursuant to paragraph (a) of this section and the reasons therefor. With respect to such lands
which the Secretary determined not to sell, he shall take no other action to convey those lands or interests in them
before the end of ninety days (not counting days on which the House of Representatives or the Senate has adjourned
for more than three consecutive days) beginning on the date the Secretary has submitted such notice to the Senate
and House of Representatives. If, during that ninety-day period, the Congress adopts a concurrent resolution stating
the length of time such suspension of action should continue, he shall continue such suspension for the specified time
period. If the committee to which a resolution has been referred during the said ninety-day period, has not reported it at
the end of thirty calendar days after its referral, it shall be in order to either discharge the committee from further
consideration of such resolution or to discharge the committee from consideration of any other resolution with respect
to the suspension of action. A motion to discharge may be made only by an individual favoring the resolution, shall be
highly privileged (except that it may not be made after the committee has reported such a resolution), and debate
thereon shall be limited to not more than one hour, to be divided equally between those favoring and those opposing
the resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the
vote by which the motion was agreed to or disagreed to. If the motion to discharge is agreed to or disagreed to, the
motion may not be made with respect to any other resolution with respect to the same suspension of action. When the
committee has reprinted, or has been discharged from further consideration of a resolution, it shall at any time
thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to
the consideration of the resolution. The motion shall be highly privileged and shall not be debatable. An amendment to
the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was
agreed to or disagreed to.
(c) Time for processing of applications and sales
Within five years after October 21, 1976, the Secretary shall complete the processing of all applications filed under
the 1968 Act and hold sales covering all lands which he has determined to sell thereunder.
(Pub. L. 94–579, title II, §214, Oct. 21, 1976, 90 Stat. 2760.)
Editorial Notes

References in Text
Act of September 26, 1968, referred to in subsec. (a), is Pub. L. 90–516, Sept. 26, 1968, 82 Stat. 870,
which was classified generally to subchapter VII [§1431 et seq.] of chapter 30 of this title, and was omitted
from the Code pursuant to section 1435 of this title, which provided that the authority granted by that
subchapter was to expire three years from September 26, 1968, with certain exceptions. For complete
classification of this Act to the Code prior to omission, see Tables.
The effective date of this subsection, referred to in subsec. (a), probably means the date of the
enactment of such subsection (a) by Pub. L. 94–579, which was approved Oct. 21, 1976.

§1723. Temporary revocation authority
(a) Exchange involved
When the sole impediment to consummation of an exchange of lands or interests therein (hereinafter referred to as
an exchange) determined to be in the public interest, is the inability of the Secretary of the Interior to revoke, modify, or
terminate part or all of a withdrawal or classification because of the order (or subsequent modification or continuance
thereof) of the United States District Court for the District of Columbia dated February 10, 1986, in Civil Action No. 85–
2238 (National Wildlife Federation v. Robert E. Burford, et al.), the Secretary of the Interior is hereby authorized,
notwithstanding such order (or subsequent modification or continuance thereof), to use the authority contained herein,
in lieu of other authority provided in this Act including section 1714 of this title, to revoke, modify, or terminate in whole
or in part, withdrawals or classifications to the extent deemed necessary by the Secretary to enable the United States
to transfer land or interests therein out of Federal ownership pursuant to an exchange.
(b) Requirements

The authority specified in subsection (a) of this section may be exercised only in cases where—
(1) a particular exchange is proposed to be carried out pursuant to this Act, as amended, or other applicable law
authorizing such an exchange;
(2) the proposed exchange has been prepared in compliance with all laws applicable to such exchange;
(3) the head of each Federal agency managing the lands proposed for such transfer has submitted to the
Secretary of the Interior a statement of concurrence with the proposed revocation, modification, or termination;
(4) at least sixty days have elapsed since the Secretary of the Interior has published in the Federal Register a
notice of the proposed revocation, modification, or termination; and
(5) at least sixty days have elapsed since the Secretary of the Interior has transmitted to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United
States Senate a report which includes—
(A) a justification for the necessity of exercising such authority in order to complete an exchange;
(B) an explanation of the reasons why the continuation of the withdrawal or a classification or portion thereof
proposed for revocation, modification, or termination is no longer necessary for the purposes of the statutory or
other program or programs for which the withdrawal or classification was made or other relevant programs;
(C) assurances that all relevant documents concerning the proposed exchange or purchase for which such
authority is proposed to be exercised (including documents related to compliance with the National Environmental
Policy Act of 1969 [42 U.S.C. 4321 et seq.] and all other applicable provisions of law) are available for public
inspection in the office of the Secretary concerned located nearest to the lands proposed for transfer out of
Federal ownership in furtherance of such exchange and that the relevant portions of such documents are also
available in the offices of the Secretary concerned in Washington, District of Columbia; and
(D) an explanation of the effect of the revocation, modification, or termination of a withdrawal or classification or
portion thereof and the transfer of lands out of Federal ownership pursuant to the particular proposed exchange,
on the objectives of the land management plan which is applicable at the time of such transfer to the land to be
transferred out of Federal ownership.
(c) Limitations
(1) Nothing in this section shall be construed as affirming or denying any of the allegations made by any party in the
civil action specified in subsection (a), or as constituting an expression of congressional opinion with respect to the
merits of any allegation, contention, or argument made or issue raised by any party in such action, or as expanding or
diminishing the jurisdiction of the United States District Court for the District of Columbia.
(2) Except as specifically provided in this section, nothing in this section shall be construed as modifying,
terminating, revoking, or otherwise affecting any provision of law applicable to land exchanges, withdrawals, or
classifications.
(3) The availability or exercise of the authority granted in subsection (a) may not be considered by the Secretary of
the Interior in making a determination pursuant to this Act or other applicable law as to whether or not any proposed
exchange is in the public interest.
(d) Termination
The authority specified in subsection (a) shall expire either (1) on December 31, 1990, or (2) when the Court order
(or subsequent modification or continuation thereof) specified in subsection (a) is no longer in effect, whichever occurs
first.
(Pub. L. 94–579, title II, §215, as added Pub. L. 100–409, §10, Aug. 20, 1988, 102 Stat. 1092; amended Pub. L. 103–
437, §16(d)(2), Nov. 2, 1994, 108 Stat. 4595.)
Editorial Notes

References in Text
This Act, referred to in subsecs. (a), (b)(1), and (c)(3), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743,
known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to
the Code, see Tables.
The National Environmental Policy Act of 1969, referred to in subsec. (b)(5)(C), is Pub. L. 91–190, Jan.
1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health
and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section
4321 of Title 42 and Tables.

Amendments
1994—Subsec. (b)(5). Pub. L. 103–437 substituted "Natural Resources" for "Interior and Insular Affairs"
before "of the House".
Statutory Notes and Related Subsidiaries

Savings Provision
See note set out under section 1716 of this title.

SUBCHAPTER III—ADMINISTRATION

§1731. Bureau of Land Management
(a) Director; appointment, qualifications, functions, and duties
The Bureau of Land Management established by Reorganization Plan Numbered 3, of 1946 shall have as its head a
Director. Appointments to the position of Director shall hereafter be made by the President, by and with the advice and
consent of the Senate. The Director of the Bureau shall have a broad background and substantial experience in public
land and natural resource management. He shall carry out such functions and shall perform such duties as the
Secretary may prescribe with respect to the management of lands and resources under his jurisdiction according to the
applicable provisions of this Act and any other applicable law.
(b) Statutory transfer of functions, powers and duties relating to administration of laws
Subject to the discretion granted to him by Reorganization Plan Numbered 3 of 1950, the Secretary shall carry out
through the Bureau all functions, powers, and duties vested in him and relating to the administration of laws which, on
October 21, 1976, were carried out by him through the Bureau of Land Management established by section 403 of
Reorganization Plan Numbered 3 of 1946. The Bureau shall administer such laws according to the provisions thereof
existing as of October 21, 1976, as modified by the provisions of this Act or by subsequent law.
(c) Associate Director, Assistant Directors, and other employees; appointment and compensation
In addition to the Director, there shall be an Associate Director of the Bureau and so many Assistant Directors, and
other employees, as may be necessary, who shall be appointed by the Secretary subject to the provisions of title 5
governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51
and subchapter 3 1 of chapter 53 of such title relating to classification and General Schedule pay rates.
(d) Existing regulations relating to administration of laws
Nothing in this section shall affect any regulation of the Secretary with respect to the administration of laws
administered by him through the Bureau on October 21, 1976.
(Pub. L. 94–579, title III, §301, Oct. 21, 1976, 90 Stat. 2762.)
Editorial Notes

References in Text
The provision of Reorg. Plan No. 3 of 1946 establishing the Bureau of Land Management, referred to in
subsec. (a), is section 403 of such Reorg. Plan. Section 403 of Reorg. Plan No. 3 of 1946, also referred
to in subsec. (b), is set out as a note under section 1 of this title.
This Act, referred to in subsecs. (a) and (b), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended,
known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to
the Code, see Tables.
Reorganization Plan Numbered 3 of 1950, referred to in subsec. (b), is set out under section 1451 of this
title.
The General Schedule, referred to in subsec. (c), is set out under section 5332 of Title 5.
Statutory Notes and Related Subsidiaries

Use of Appropriated Funds for Protection of Lands and Surveys of Federal
Lands in Alaska
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378, provided in part: "That appropriations herein
[Department of the Interior and Related Agencies Appropriations Act, 1993] made, in fiscal year 1993 and
thereafter, may be expended for surveys of Federal lands and on a reimbursable basis for surveys of
Federal lands and for protection of lands for the State of Alaska".
1 So in original. Probably should be subchapter "III".

§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, §302, Oct. 21, 1976, 90 Stat. 2762; Pub. L. 100–586, Nov. 3, 1988, 102 Stat. 2980.)
Editorial Notes

References in Text
This Act, referred to in subsec. (b), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, 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. §§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).
Statutory Notes and Executive Documents

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.

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.
Executive Documents

Transfer of Functions
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, §§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.

§1733. Enforcement authority
(a) Regulations for implementation of management, use, and protection requirements; violations; criminal
penalties
The Secretary shall issue regulations necessary to implement the provisions of this Act with respect to the
management, use, and protection of the public lands, including the property located thereon. Any person who
knowingly and willfully violates any such regulation which is lawfully issued pursuant to this Act shall be fined no more
than $1,000 or imprisoned no more than twelve months, or both. Any person charged with a violation of such regulation
may be tried and sentenced by any United States magistrate judge designated for that purpose by the court by which
he was appointed, in the same manner and subject to the same conditions and limitations as provided for in section
3401 of title 18.
(b) Civil actions by Attorney General for violations of regulations; nature of relief; jurisdiction
At the request of the Secretary, the Attorney General may institute a civil action in any United States district court for
an injunction or other appropriate order to prevent any person from utilizing public lands in violation of regulations
issued by the Secretary under this Act.
(c) Contracts for enforcement of Federal laws and regulations by local law enforcement officials; procedure
applicable; contract requirements and implementation
(1) When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to
the public lands or their resources he shall offer a contract to appropriate local officials having law enforcement
authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law
enforcement officials in enforcing such laws and regulations. The Secretary shall negotiate on reasonable terms with
such officials who have authority to enter into such contracts to enforce such Federal laws and regulations. In the
performance of their duties under such contracts such officials and their agents are authorized to carry firearms;
execute and serve any warrant or other process issued by a court or officer of competent jurisdiction; make arrests
without warrant or process for a misdemeanor he has reasonable grounds to believe is being committed in his
presence or view, or for a felony if he has reasonable grounds to believe that the person to be arrested has committed
or is committing such felony; search without warrant or process any person, place, or conveyance according to any
Federal law or rule of law; and seize without warrant or process any evidentiary item as provided by Federal law. The
Secretary shall provide such law enforcement training as he deems necessary in order to carry out the contracted for
responsibilities. While exercising the powers and authorities provided by such contract pursuant to this section, such
law enforcement officials and their agents shall have all the immunities of Federal law enforcement officials.
(2) The Secretary may authorize Federal personnel or appropriate local officials to carry out his law enforcement
responsibilities with respect to the public lands and their resources. Such designated personnel shall receive the
training and have the responsibilities and authority provided for in paragraph (1) of this subsection.
(d) Cooperation with regulatory and law enforcement officials of any State or political subdivision in
enforcement of laws or ordinances
In connection with the administration and regulation of the use and occupancy of the public lands, the Secretary is
authorized to cooperate with the regulatory and law enforcement officials of any State or political subdivision thereof in
the enforcement of the laws or ordinances of such State or subdivision. Such cooperation may include reimbursement
to a State or its subdivision for expenditures incurred by it in connection with activities which assist in the
administration and regulation of use and occupancy of the public lands.
(e) Uniformed desert ranger force in California Desert Conservation Area; establishment; enforcement of
Federal laws and regulations
Nothing in this section shall prevent the Secretary from promptly establishing a uniformed desert ranger force in the
California Desert Conservation Area established pursuant to section 1781 of this title for the purpose of enforcing
Federal laws and regulations relating to the public lands and resources managed by him in such area. The officers and
members of such ranger force shall have the same responsibilities and authority as provided for in paragraph (1) of
subsection (c) of this section.
(f) Applicability of other Federal enforcement provisions
Nothing in this Act shall be construed as reducing or limiting the enforcement authority vested in the Secretary by
any other statute.
(g) Unlawful activities

The use, occupancy, or development of any portion of the public lands contrary to any regulation of the Secretary or
other responsible authority, or contrary to any order issued pursuant to any such regulation, is unlawful and prohibited.
(Pub. L. 94–579, title III, §303, Oct. 21, 1976, 90 Stat. 2763; Pub. L. 101–650, title III, §321, Dec. 1, 1990, 104 Stat.
5117.)
Editorial Notes

References in Text
This Act, referred to in subsecs. (a), (b), and (f), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as
the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code,
see Tables.
Statutory Notes and Related Subsidiaries

Change of Name
"United States magistrate judge" substituted for "United States magistrate" in subsec. (a) pursuant to
section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.

Modification of Regulations Relating to Mining Operations on Public Lands;
Posting of Reclamation Bond for All Operations Involving Significant
Surface Disturbance
Pub. L. 99–500, §101(h) [title I], Oct. 18, 1986, 100 Stat. 1783–242, 1783-243, and Pub. L. 99–591, §101(h)
[title I], Oct. 30, 1986, 100 Stat. 3341–242, 3341-243, provided: "That regulations pertaining to mining
operations on public lands conducted under the Mining Law of 1872 (30 U.S.C. 22, et seq.) and sections
302, 303, and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732, 1733, and
1782) shall be modified to include a requirement for the posting of reclamation bonds by operators for all
operations which involve significant surface disturbance, (a) at the discretion of the authorized officer for
operators who have a record of compliance with pertinent regulations concerning mining on public lands,
and (b) on a mandatory basis only for operators with a history of noncompliance with the aforesaid
regulations: Provided further, That surety bonds, third party surety bonds, or irrevocable letters of credit
shall qualify as bond instruments: Provided further, That evidence of an equivalent bond posted with a
State agency shall be accepted in lieu of a separate bond: Provided further, That the amount of such bonds
shall be sufficient to cover the costs of reclamation as estimated by the Bureau of Land Management."

§1734. Fees, charges, and commissions
(a) Authority to establish and modify
Notwithstanding any other provision of law, the Secretary may establish reasonable filing and service fees and
reasonable charges, and commissions with respect to applications and other documents relating to the public lands
and may change and abolish such fees, charges, and commissions.
(b) Deposits for payments to reimburse reasonable costs of United States
The Secretary is authorized to require a deposit of any payments intended to reimburse the United States for
reasonable costs with respect to applications and other documents relating to such lands. The moneys received for
reasonable costs under this subsection shall be deposited with the Treasury in a special account and are hereby
authorized to be appropriated and made available until expended. As used in this section "reasonable costs" include,
but are not limited to, the costs of special studies; environmental impact statements; monitoring construction,
operation, maintenance, and termination of any authorized facility; or other special activities. In determining whether
costs are reasonable under this section, the Secretary may take into consideration actual costs (exclusive of
management overhead), the monetary value of the rights or privileges sought by the applicant, the efficiency to the
government processing involved, that portion of the cost incurred for the benefit of the general public interest rather
than for the exclusive benefit of the applicant, the public service provided, and other factors relevant to determining the
reasonableness of the costs.
(c) Refunds
In any case where it shall appear to the satisfaction of the Secretary that any person has made a payment under any
statute relating to the sale, lease, use, or other disposition of public lands which is not required or is in excess of the

amount required by applicable law and the regulations issued by the Secretary, the Secretary, upon application or
otherwise, may cause a refund to be made from applicable funds.
(Pub. L. 94–579, title III, §304, Oct. 21, 1976, 90 Stat. 2765.)
Statutory Notes and Related Subsidiaries

Filing Fees for Applications for Noncompetitive Oil and Gas Leases; Study
and Report of Rental Charges on Oil and Gas Leases
Pub. L. 97–35, title XIV, §1401(d), Aug. 13, 1981, 95 Stat. 748, provided that:

"(1) Notwithstanding any other provision of law, effective October 1, 1981, all applications for
noncompetitive oil and gas leases shall be accompanied by a filing fee of not less than $25 for each such
application: Provided, That any increase in the filing fee above $25 shall be established by regulation and
subject to the provisions of the Act of August 31, 1951 (65 Stat. 290) [probably means title V of that Act
which was classified to section 483a of former Title 31, Money and Finance and was repealed and
reenacted as section 9701 of Title 31 by Pub. L. 97–258] the Act of October 20, 1976 (90 Stat. 2765) [probably
should be Oct. 21, 1976, meaning this chapter] but not limited to actual costs. Such fees shall be retained
as a service charge even though the application or offer may be rejected or withdrawn in whole or in part.
"(2) The Secretary of the Interior is hereby directed to conduct a study and report to Congress within
one year of the date of enactment of this Act [Aug. 13, 1981], regarding the current annual rental charges
on all noncompetitive oil and gas leases to investigate the feasibility and effect of raising such rentals."

§1734a. Availability of excess fees
In fiscal year 1997 and thereafter, all fees, excluding mining claim fees, in excess of the fiscal year 1996 collections
established by the Secretary of the Interior under the authority of section 1734 of this title for processing, recording, or
documenting authorizations to use public lands or public land natural resources (including cultural, historical, and
mineral) and for providing specific services to public land users, and which are not presently being covered into any
Bureau of Land Management appropriation accounts, and not otherwise dedicated by law for a specific distribution,
shall be made immediately available for program operations in this account and remain available until expended.
(Pub. L. 104–208, div. A, title I, §101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009-182.)
Editorial Notes

Codification
Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act,
1997, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this
chapter.

§1735. Forfeitures and deposits
(a) Credit to separate account in Treasury; appropriation and availability
Any moneys received by the United States as a result of the forfeiture of a bond or other security by a resource
developer or purchaser or permittee who does not fulfill the requirements of his contract or permit or does not comply
with the regulations of the Secretary; or as a result of a compromise or settlement of any claim whether sounding in tort
or in contract involving present or potential damage to the public lands shall be credited to a separate account in the
Treasury and are hereby authorized to be appropriated and made available, until expended as the Secretary may
direct, to cover the cost to the United States of any improvement, protection, or rehabilitation work on those public
lands which has been rendered necessary by the action which has led to the forfeiture, compromise, or settlement.
(b) Expenditure of moneys collected administering Oregon and California Railroad and Coos Bay Wagon Road
Grant lands
Any moneys collected under this Act in connection with lands administered under the Act of August 28, 1937 (50
Stat. 874; 43 U.S.C. 1181a–1181j),1 shall be expended for the benefit of such land only.
(c) Refunds
If any portion of a deposit or amount forfeited under this Act is found by the Secretary to be in excess of the cost of
doing the work authorized under this Act, the Secretary, upon application or otherwise, may cause a refund of the
amount in excess to be made from applicable funds.

(Pub. L. 94–579, title III, §305, Oct. 21, 1976, 90 Stat. 2765.)
Editorial Notes

References in Text
This Act, referred to in subsecs. (b) and (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the
Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code,
see Tables.
Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a–1181j), referred to in subsec. (b), probably means
act Aug. 28, 1937, ch. 876, 50 Stat. 874, which was formerly classified principally to sections 1181a to 1181f
of this title prior to editorial reclassification, and is now classified principally to subchapter I (§2601 et seq.)
of chapter 44 of this title. Section 3 of the Act, former section 1181c of this title, was repealed by Pub. L. 94–
579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787. Sections 1181f–1 to 1181f–4 of this title, included within the
parenthetical reference to sections 1181a to 1181j, were enacted by act May 24, 1939, ch. 144, 53 Stat.
753, and were editorially reclassified as subchapter II (§2621 et seq.) of chapter 44 of this title. Sections
1181g to 1181j of this title, also included within the parenthetical reference to sections 1181a to 1181j, were
enacted by act June 24, 1954, ch. 357, 68 Stat. 270, and were editorially reclassified as subchapter III
(§2631 et seq.) of chapter 44 of this title. For complete classification of these Acts to the Code, see Tables.
Statutory Notes and Related Subsidiaries

Availability of Funds for Improvement, Protection, or Rehabilitation of
Damaged Public Lands
Pub. L. 104–134, title I, §101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321-158; renumbered title I,
Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That notwithstanding any provision to
the contrary of section 305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)), any moneys that have

been or will be received pursuant to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), shall be
available and may be expended under the authority of this or subsequent appropriations Acts by the
Secretary to improve, protect, or rehabilitate any public lands administered through the Bureau of Land
Management which have been damaged by the action of a resource developer, purchaser, permittee, or
any unauthorized person, without regard to whether all moneys collected from each such forfeiture,
compromise, or settlement are used on the exact lands damage to which led to the forfeiture,
compromise, or settlement: Provided further, That such moneys are in excess of amounts needed to repair
damage to the exact land for which collected."
Similar provisions were contained in the following appropriation acts:
Pub. L. 117–103, div. G, title I, Mar. 15, 2022, 136 Stat. 349.
Pub. L. 116–260, div. G, title I, Dec. 27, 2020, 134 Stat. 1479.
Pub. L. 116–94, div. D, title I, Dec. 20, 2019, 133 Stat. 2688.
Pub. L. 116–6, div. E, title I, Feb. 15, 2019, 133 Stat. 207.
Pub. L. 115–141, div. G, title I, Mar. 23, 2018, 132 Stat. 637.
Pub. L. 115–31, div. G, title I, May 5, 2017, 131 Stat. 437.
Pub. L. 114–113, div. G, title I, Dec. 18, 2015, 129 Stat. 2527.
Pub. L. 113–235, div. F, title I, Dec. 16, 2014, 128 Stat. 2398.
Pub. L. 113–76, div. G, title I, Jan. 17, 2014, 128 Stat. 291.
Pub. L. 112–74, div. E, title I, Dec. 23, 2011, 125 Stat. 987.
Pub. L. 111–88, div. A, title I, Oct. 30, 2009, 123 Stat. 2906.
Pub. L. 111–8, div. E, title I, Mar. 11, 2009, 123 Stat. 703.
Pub. L. 110–161, div. F, title I, Dec. 26, 2007, 121 Stat. 2099.
Pub. L. 109–54, title I, Aug. 2, 2005, 119 Stat. 502.
Pub. L. 108–447, div. E, title I, Dec. 8, 2004, 118 Stat. 3042.
Pub. L. 108–108, title I, Nov. 10, 2003, 117 Stat. 1244.
Pub. L. 108–7, div. F, title I, Feb. 20, 2003, 117 Stat. 219.
Pub. L. 107–63, title I, Nov. 5, 2001, 115 Stat. 418.
Pub. L. 106–291, title I, Oct. 11, 2000, 114 Stat. 925.
Pub. L. 106–113, div. B, §1000(a)(3) [title I], Nov. 29, 1999, 113 Stat. 1535, 1501A-138.
Pub. L. 105–277, div. A, §101(e) [title I], Oct. 21, 1998, 112 Stat. 2681–231, 2681-234.
Pub. L. 105–83, title I, Nov. 14, 1997, 111 Stat. 1545.
Pub. L. 104–208, div. A, title I, §101(d) [title I], Sept. 30, 1996, 110 Stat. 3009–181, 3009-184.

Pub. L. 103–332,
Pub. L. 103–138,
Pub. L. 102–381,
Pub. L. 102–154,
Pub. L. 101–512,
Pub. L. 101–121,
Pub. L. 100–446,
Pub. L. 100–202,

title I, Sept. 30, 1994, 108 Stat. 2501.
title I, Nov. 11, 1993, 107 Stat. 1381.
title I, Oct. 5, 1992, 106 Stat. 1377.
title I, Nov. 13, 1991, 105 Stat. 992.
title I, Nov. 5, 1990, 104 Stat. 1917.
title I, Oct. 23, 1989, 103 Stat. 703.
title I, Sept. 27, 1988, 102 Stat. 1776.
§101(g) [title I], Dec. 22, 1987, 101 Stat. 1329–213, 1329-215.

1 See References in Text note below.

§1736. Working capital fund
(a) Establishment; availability of fund
There is hereby established a working capital fund for the management of the public lands. This fund shall be
available without fiscal year limitation for expenses necessary for furnishing, in accordance with chapters 1 to 11 of title
40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and
regulations promulgated thereunder, supplies and equipment services in support of Bureau programs, including but not
limited to, the purchase or construction of storage facilities, equipment yards, and related improvements and the
purchase, lease, or rent of motor vehicles, aircraft, heavy equipment, and fire control and other resource management
equipment within the limitations set forth in appropriations made to the Secretary for the Bureau.
(b) Initial funding; subsequent transfers
The initial capital of the fund shall consist of appropriations made for that purpose together with the fair and
reasonable value at the fund's inception of the inventories, equipment, receivables, and other assets, less the liabilities,
transferred to the fund. The Secretary is authorized to make such subsequent transfers to the fund as he deems
appropriate in connection with the functions to be carried on through the fund.
(c) Payments credited to fund; amount; advancement or reimbursement
The fund shall be credited with payments from appropriations, and funds of the Bureau, other agencies of the
Department of the Interior, other Federal agencies, and other sources, as authorized by law, at rates approximately
equal to the cost of furnishing the facilities, supplies, equipment, and services (including depreciation and accrued
annual leave). Such payments may be made in advance in connection with firm orders, or by way of reimbursement.
(d) Authorization of appropriations
There is hereby authorized to be appropriated a sum not to exceed $3,000,000 as initial capital of the working capital
fund.
(Pub. L. 94–579, title III, §306, Oct. 21, 1976, 90 Stat. 2766.)
Editorial Notes

Codification
In subsec. (a), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b),
3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and
Administrative Services Act of 1949 (63 Stat. 377, as amended)" on authority of Pub. L. 107–217, §5(c), Aug.
21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L.
111–350, §6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

§1736a. Revolving fund derived from disposal of salvage timber
There is hereby established in the Treasury of the United States a special fund to be derived on and after October 5,
1992, from the Federal share of moneys received from the disposal of salvage timber prepared for sale from the lands
under the jurisdiction of the Bureau of Land Management, Department of the Interior. The money in this fund shall be
immediately available to the Bureau of Land Management without further appropriation, for the purposes of planning
and preparing salvage timber for disposal, the administration of salvage timber sales, and subsequent site preparation
and reforestation.
(Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1376.)
Editorial Notes

Codification
Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act,
1993, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this
chapter.
Statutory Notes and Related Subsidiaries

Distribution of Receipts
Title I of Pub. L. 102–381, 106 Stat. 1376, provided in part that: "Nothing in this provision [enacting this
section] shall alter the formulas currently in existence by law for the distribution of receipts for the
applicable lands and timber resources."

§1737. Implementation provisions
(a) Investigations, studies, and experiments
The Secretary may conduct investigations, studies, and experiments, on his own initiative or in cooperation with
others, involving the management, protection, development, acquisition, and conveying of the public lands.
(b) Contracts and cooperative agreements
Subject to the provisions of applicable law, the Secretary may enter into contracts and cooperative agreements
involving the management, protection, development, and sale of public lands.
(c) Contributions and donations of money, services, and property
The Secretary may accept contributions or donations of money, services, and property, real, personal, or mixed, for
the management, protection, development, acquisition, and conveying of the public lands, including the acquisition of
rights-of-way for such purposes. He may accept contributions for cadastral surveying performed on federally controlled
or intermingled lands. Moneys received hereunder shall be credited to a separate account in the Treasury and are
hereby authorized to be appropriated and made available until expended, as the Secretary may direct, for payment of
expenses incident to the function toward the administration of which the contributions were made and for refunds to
depositors of amounts contributed by them in specific instances where contributions are in excess of their share of the
cost.
(d) Recruitment of volunteers
The Secretary may recruit, without regard to the civil service classification laws, rules, or regulations, the services of
individuals contributed without compensation as volunteers for aiding in or facilitating the activities administered by the
Secretary through the Bureau of Land Management.
(e) Restrictions on activities of volunteers
In accepting such services of individuals as volunteers, the Secretary—
(1) shall not permit the use of volunteers in hazardous duty or law enforcement work, or in policymaking processes
or to displace any employee; and
(2) may provide for services or costs incidental to the utilization of volunteers, including transportation, supplies,
lodging, subsistence, recruiting, training, and supervision.
(f) Federal employment status of volunteers
Volunteers shall not be deemed employees of the United States except for the purposes of—
(1) the tort claims provisions of title 28;
(2) subchapter 1 1 of chapter 81 of title 5; and
(3) claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which
case the provisions of section 3721 of title 31 shall apply.
(g) Authorization of appropriations
Effective with fiscal years beginning after September 30, 1984, there are authorized to be appropriated such sums
as may be necessary to carry out the provisions of subsection (d), but not more than $250,000 may be appropriated for
any one fiscal year.
(Pub. L. 94–579, title III, §307, Oct. 21, 1976, 90 Stat. 2766; Pub. L. 98–540, §2, Oct. 24, 1984, 98 Stat. 2718; Pub. L.
101–286, title II, §204(c), May 9, 1990, 104 Stat. 175.)
Editorial Notes

Amendments

1990—Subsec. (f). Pub. L. 101–286 amended subsec. (f) generally. Prior to amendment, subsec. (f) read
as follows: "Volunteers shall not be deemed employees of the United States except for the purposes of
the tort claims provisions of title 28 and subchapter 1 of chapter 81 of title 5, relating to compensation for
work injuries."
1984—Subsecs. (d) to (g). Pub. L. 98–540 added subsecs. (d) to (g).
1 So in original. Probably should be subchapter "I".

§1738. Contracts for surveys and resource protection; renewals; funding
requirements
(a) The Secretary is authorized to enter into contracts for the use of aircraft, and for supplies and services, prior to
the passage of an appropriation therefor, for airborne cadastral survey and resource protection operations of the
Bureau. He may renew such contracts annually, not more than twice, without additional competition. Such contracts
shall obligate funds for the fiscal years in which the costs are incurred.
(b) Each such contract shall provide that the obligation of the United States for the ensuing fiscal years is contingent
upon the passage of an applicable appropriation, and that no payment shall be made under the contract for the
ensuing fiscal years until such appropriation becomes available for expenditure.
(Pub. L. 94–579, title III, §308, Oct. 21, 1976, 90 Stat. 2767.)

§1739. Advisory councils
(a) Establishment; membership; operation
The Secretary shall establish advisory councils of not less than ten and not more than fifteen members appointed by
him from among persons who are representative of the various major citizens' interests concerning the problems
relating to land use planning or the management of the public lands located within the area for which an advisory
council is established. At least one member of each council shall be an elected official of general purpose government
serving the people of such area. To the extent practicable there shall be no overlap or duplication of such councils.
Appointments shall be made in accordance with rules prescribed by the Secretary. The establishment and operation of
an advisory council established under this section shall conform to the requirements of chapter 10 of title 5.
(b) Meetings
Notwithstanding the provisions of subsection (a) of this section, each advisory council established by the Secretary
under this section shall meet at least once a year with such meetings being called by the Secretary.
(c) Travel and per diem payments
Members of advisory councils shall serve without pay, except travel and per diem will be paid each member for
meetings called by the Secretary.
(d) Functions
An advisory council may furnish advice to the Secretary with respect to the land use planning, classification,
retention, management, and disposal of the public lands within the area for which the advisory council is established
and such other matters as may be referred to it by the Secretary.
(e) Public participation; procedures applicable
In exercising his authorities under this Act, the Secretary, by regulation, shall establish procedures, including public
hearings where appropriate, to give the Federal, State, and local governments and the public adequate notice and an
opportunity to comment upon the formulation of standards and criteria for, and to participate in, the preparation and
execution of plans and programs for, and the management of, the public lands.
(Pub. L. 94–579, title III, §309, Oct. 21, 1976, 90 Stat. 2767; Pub. L. 95–514, §13, Oct. 25, 1978, 92 Stat. 1808; Pub. L.
117–286, §4(a)(285), Dec. 27, 2022, 136 Stat. 4337.)
Editorial Notes

References in Text
This Act, referred to in subsec. (e), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal
Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Amendments

2022—Subsec. (a). Pub. L. 117–286 substituted "chapter 10 of title 5." for "the Federal Advisory Committee
Act (86 Stat. 770)."
1978—Subsec. (a). Pub. L. 95–514 substituted in first sentence "shall establish" for "is authorized to
establish".
Statutory Notes and Related Subsidiaries

Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year
period beginning on the date of their establishment, unless, in the case of a council established by the
President or an officer of the Federal Government, such council is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of a council established by the Congress, its duration
is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770,
776, set out in the Appendix to Title 5, Government Organization and Employees.

§1740. Rules and regulations
The Secretary, with respect to the public lands, shall promulgate rules and regulations to carry out the purposes of
this Act and of other laws applicable to the public lands, and the Secretary of Agriculture, with respect to lands within
the National Forest System, shall promulgate rules and regulations to carry out the purposes of this Act. The
promulgation of such rules and regulations shall be governed by the provisions of chapter 5 of title 5, without regard to
section 553(a)(2). Prior to the promulgation of such rules and regulations, such lands shall be administered under
existing rules and regulations concerning such lands to the extent practical.
(Pub. L. 94–579, title III, §310, Oct. 21, 1976, 90 Stat. 2767.)
Editorial Notes

References in Text
This Act, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land
Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

§1741. Annual reports
(a) Purpose; time for submission
For the purpose of providing information that will aid Congress in carrying out its oversight responsibilities for public
lands programs and for other purposes, the Secretary shall prepare a report in accordance with subsections (b) and (c)
and submit it to the Congress no later than one hundred and twenty days after the end of each fiscal year beginning
with the report for fiscal year 1979.
(b) Format
A list of programs and specific information to be included in the report as well as the format of the report shall be
developed by the Secretary after consulting with the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate and shall be provided to the committees prior to
the end of the second quarter of each fiscal year.
(c) Contents
The report shall include, but not be limited to, program identification information, program evaluation information, and
program budgetary information for the preceding current and succeeding fiscal years.
(Pub. L. 94–579, title III, §311, Oct. 21, 1976, 90 Stat. 2768; Pub. L. 103–437, §16(d)(3), Nov. 2, 1994, 108 Stat. 4595.)
Editorial Notes

Amendments
1994—Subsec. (b). Pub. L. 103–437 substituted "Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural Resources of the Senate" for "Committees
on Interior and Insular Affairs of the House and Senate".

Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any
annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the
9th item on page 112 identifies a reporting provision which, as subsequently amended, is contained in
this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title
31, Money and Finance.

§1742. Search, rescue, and protection forces; emergency situations authorizing
hiring
Where in his judgment sufficient search, rescue, and protection forces are not otherwise available, the Secretary is
authorized in cases of emergency to incur such expenses as may be necessary (a) in searching for and rescuing, or in
cooperating in the search for and rescue of, persons lost on the public lands, (b) in protecting or rescuing, or in
cooperating in the protection and rescue of, persons or animals endangered by an act of God, and (c) in transporting
deceased persons or persons seriously ill or injured to the nearest place where interested parties or local authorities
are located.
(Pub. L. 94–579, title III, §312, Oct. 21, 1976, 90 Stat. 2768.)

§1742a. Good Samaritan Search and Recovery Act
(a) Definitions
In this section:
(1) Eligible
The term "eligible", with respect to an organization or individual, means that the organization or individual,
respectively, is—
(A) acting in a not-for-profit capacity; and
(B) composed entirely of members who, at the time of the good Samaritan search-and-recovery mission, have
attained the age of majority under the law of the State where the mission takes place.
(2) Good Samaritan search-and-recovery mission
The term "good Samaritan search-and-recovery mission" means a search conducted by an eligible organization or
individual for 1 or more missing individuals believed to be deceased at the time that the search is initiated.
(3) Secretary
The term "Secretary" means the Secretary or the Secretary of Agriculture, as applicable.
(b) Process
(1) In general
Each Secretary shall develop and implement a process to expedite access to Federal land under the
administrative jurisdiction of the Secretary for eligible organizations and individuals to request access to Federal land
to conduct good Samaritan search-and-recovery missions.
(2) Inclusions
The process developed and implemented under this subsection shall include provisions to clarify that—
(A) an eligible organization or individual granted access under this section—
(i) shall be acting for private purposes; and
(ii) shall not be considered to be a Federal volunteer;
(B) an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this
section shall not be considered to be a volunteer under section 102301(c) of title 54;
(C) chapter 171 of title 28 (commonly known as the "Federal Tort Claims Act") shall not apply to an eligible
organization or individual carrying out a privately requested good Samaritan search-and-recovery mission under
this section; and
(D) chapter 81 of title 5 (commonly known as the "Federal Employees Compensation Act") shall not apply to an
eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section,
and the conduct of the good Samaritan search-and-recovery mission shall not constitute civilian employment.
(c) Release of Federal Government from liability

The Secretary shall not require an eligible organization or individual to have liability insurance as a condition of
accessing Federal land under this section, if the eligible organization or individual—
(1) acknowledges and consents, in writing, to the provisions described in subparagraphs (A) through (D) of
subsection (b)(2); and
(2) signs a waiver releasing the Federal Government from all liability relating to the access granted under this
section and agrees to indemnify and hold harmless the United States from any claims or lawsuits arising from any
conduct by the eligible organization or individual on Federal land.
(d) Approval and denial of requests
(1) In general
The Secretary shall notify an eligible organization or individual of the approval or denial of a request by the eligible
organization or individual to carry out a good Samaritan search-and-recovery mission under this section by not later
than 48 hours after the request is made.
(2) Denials
If the Secretary denies a request from an eligible organization or individual to carry out a good Samaritan searchand-recovery mission under this section, the Secretary shall notify the eligible organization or individual of—
(A) the reason for the denial of the request; and
(B) any actions that the eligible organization or individual can take to meet the requirements for the request to
be approved.
(e) Partnerships
Each Secretary shall develop search-and-recovery-focused partnerships with search-and-recovery organizations—
(1) to coordinate good Samaritan search-and-recovery missions on Federal land under the administrative
jurisdiction of the Secretary; and
(2) to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on
Federal land under the administrative jurisdiction of the Secretary.
(f) Report
Not later than 180 days after March 12, 2019, the Secretaries shall submit to Congress a joint report describing—
(1) plans to develop partnerships described in subsection (e)(1); and
(2) efforts carried out to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing
individuals on Federal land under the administrative jurisdiction of each Secretary pursuant to subsection (e)(2).
(Pub. L. 116–9, title IX, §9002, Mar. 12, 2019, 133 Stat. 830.)
Editorial Notes

Codification
Section was enacted as part of the John D. Dingell, Jr. Conservation, Management, and Recreation
Act, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this
chapter.
Statutory Notes and Related Subsidiaries

Definition of "Secretary"
Secretary means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under

section 1 of Title 16, Conservation.

§1743. Disclosure of financial interests by officers or employees
(a) Annual written statement; availability to public
Each officer or employee of the Secretary and the Bureau who—
(1) performs any function or duty under this Act; and
(2) has any known financial interest in any person who (A) applies for or receives any permit, lease, or right-of-way
under, or (B) applies for or acquires any land or interests therein under, or (C) is otherwise subject to the provisions
of, this Act,
shall, beginning on February 1, 1977, annually file with the Secretary a written statement concerning all such
interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the
public.
(b) Implementation of requirements

The Secretary shall—
(1) act within ninety days after October 21, 1976—
(A) to define the term "known financial interests" for the purposes of subsection (a) of this section; and
(B) to establish the methods by which the requirement to file written statements specified in subsection (a) of
this section will be monitored and enforced, including appropriate provisions for the filing by such officers and
employees of such statements and the review by the Secretary of such statements; and
(2) report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken
in regard thereto during the preceding calendar year.
(c) Exempted personnel
In the rules prescribed in subsection (b) of this section, the Secretary may identify specific positions within the
Department of the Interior which are of a nonregulatory or nonpolicymaking nature and provide that officers or
employees occupying such positions shall be exempt from the requirements of this section.
(d) Violations; criminal penalties
Any officer or employee who is subject to, and knowingly violates, this section, shall be fined not more than $2,500
or imprisoned not more than one year, or both.
(Pub. L. 94–579, title III, §313, Oct. 21, 1976, 90 Stat. 2768.)
Editorial Notes

References in Text
This Act, referred to in subsec. (a)(1), (2), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the
Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code,
see Tables.
Statutory Notes and Related Subsidiaries

Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to the
requirement that the Secretary report to Congress on June 1 of each calendar year, see section 3003 of
Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the
2nd item on page 108 of House Document No. 103–7.

§1744. Recordation of mining claims
(a) Filing requirements
The owner of an unpatented lode or placer mining claim located prior to October 21, 1976, shall, within the threeyear period following October 21, 1976 and prior to December 31 of each year thereafter, file the instruments required
by paragraphs (1) and (2) of this subsection. The owner of an unpatented lode or placer mining claim located after
October 21, 1976 shall, prior to December 31 of each year following the calendar year in which the said claim was
located, file the instruments required by paragraphs (1) and (2) of this subsection:
(1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold
the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a
suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon, on 1 a
detailed report provided by section 28–1 of title 30, relating thereto.
(2) File in the office of the Bureau designated by the Secretary a copy of the official record of the instrument filed or
recorded pursuant to paragraph (1) of this subsection, including a description of the location of the mining claim
sufficient to locate the claimed lands on the ground.
(b) Additional filing requirements
The owner of an unpatented lode or placer mining claim or mill or tunnel site located prior to October 21, 1976 shall,
within the three-year period following October 21, 1976, file in the office of the Bureau designated by the Secretary a
copy of the official record of the notice of location or certificate of location, including a description of the location of the
mining claim or mill or tunnel site sufficient to locate the claimed lands on the ground. The owner of an unpatented lode
or placer mining claim or mill or tunnel site located after October 21, 1976 shall, within ninety days after the date of
location of such claim, file in the office of the Bureau designated by the Secretary a copy of the official record of the
notice of location or certificate of location, including a description of the location of the mining claim or mill or tunnel site
sufficient to locate the claimed lands on the ground.

(c) Failure to file as constituting abandonment; defective or untimely filing
The failure to file such instruments as required by subsections (a) and (b) shall be deemed conclusively to constitute
an abandonment of the mining claim or mill or tunnel site by the owner; but it shall not be considered a failure to file if
the instrument is defective or not timely filed for record under other Federal laws permitting filing or recording thereof,
or if the instrument is filed for record by or on behalf of some but not all of the owners of the mining claim or mill or
tunnel site.
(d) Validity of claims, waiver of assessment, etc., as unaffected
Such recordation or application by itself shall not render valid any claim which would not be otherwise valid under
applicable law. Nothing in this section shall be construed as a waiver of the assessment and other requirements of
such law.
(Pub. L. 94–579, title III, §314, Oct. 21, 1976, 90 Stat. 2769.)
1 So in original. Probably should be "or".

§1745. Disclaimer of interest in lands
(a) Issuance of recordable document; criteria
After consulting with any affected Federal agency, the Secretary is authorized to issue a document of disclaimer of
interest or interests in any lands in any form suitable for recordation, where the disclaimer will help remove a cloud on
the title of such lands and where he determines (1) a record interest of the United States in lands has terminated by
operation of law or is otherwise invalid; or (2) the lands lying between the meander line shown on a plat of survey
approved by the Bureau or its predecessors and the actual shoreline of a body of water are not lands of the United
States; or (3) accreted, relicted, or avulsed lands are not lands of the United States.
(b) Procedures applicable
No document or disclaimer shall be issued pursuant to this section unless the applicant therefor has filed with the
Secretary an application in writing and notice of such application setting forth the grounds supporting such application
has been published in the Federal Register at least ninety days preceding the issuance of such disclaimer and until the
applicant therefor has paid to the Secretary the administrative costs of issuing the disclaimer as determined by the
Secretary. All receipts shall be deposited to the then-current appropriation from which expended.
(c) Construction as quit-claim deed from United States
Issuance of a document of disclaimer by the Secretary pursuant to the provisions of this section and regulations
promulgated hereunder shall have the same effect as a quit-claim deed from the United States.
(Pub. L. 94–579, title III, §315, Oct. 21, 1976, 90 Stat. 2770.)

§1746. Correction of conveyance documents
The Secretary may correct patents or documents of conveyance issued pursuant to section 1718 of this title or to
other Acts relating to the disposal of public lands where necessary in order to eliminate errors. In addition, the
Secretary may make corrections of errors in any documents of conveyance which have heretofore been issued by the
Federal Government to dispose of public lands. Any corrections authorized by this section which affect the boundaries
of, or jurisdiction over, land administered by another Federal agency shall be made only after consultation with, and the
approval of, the head of such other agency.
(Pub. L. 94–579, title III, §316, Oct. 21, 1976, 90 Stat. 2770; Pub. L. 108–7, div. F, title IV, §411(e), Feb. 20, 2003, 117
Stat. 291.)
Editorial Notes

Amendments
2003—Pub. L. 108–7 inserted at end "Any corrections authorized by this section which affect the

boundaries of, or jurisdiction over, land administered by another Federal agency shall be made only after
consultation with, and the approval of, the head of such other agency."

§1747. Loans to States and political subdivisions; purposes; amounts; allocation;
terms and conditions; interest rate; security; limitations; forebearance for

benefit of borrowers; recordkeeping requirements; discrimination prohibited;
deposit of receipts
(1) The Secretary is authorized to make loans to States and their political subdivisions in order to relieve social or
economic impacts occasioned by the development of minerals leased in such States pursuant to the Act of February
25, 1920, as amended [30 U.S.C. 181 et seq.]. Such loans shall be confined to the uses specified for the 50 per
centum of mineral leasing revenues to be received by such States and subdivisions pursuant to section 35 of such Act
[30 U.S.C. 191].
(2) The total amount of loans outstanding pursuant to this section for any State and political subdivisions thereof in
any year shall be not more than the anticipated mineral leasing revenues to be received by that State pursuant to
section 35 of the Act of February 25, 1920, as amended [30 U.S.C. 191], for the ten years following.
(3) The Secretary, after consultation with the Governors of the affected States, shall allocate such loans among the
States and their political subdivisions in a fair and equitable manner, giving priority to those States and subdivisions
suffering the most severe impacts.
(4) Loans made pursuant to this section shall be subject to such terms and conditions as the Secretary determines
necessary to assure the achievement of the purpose of this section. The Secretary shall promulgate such regulations
as may be necessary to carry out the provisions of this section no later than three months after August 20, 1978.
(5) Loans made pursuant to this section shall bear interest equivalent to the lowest interest rate paid on an issue of
at least $1,000,000 of tax exempt bonds of such State or any agency thereof within the preceding calendar year.
(6) Any loan made pursuant to this section shall be secured only by a pledge of the revenues received by the State
or the political subdivision thereof pursuant to section 35 of the Act of February 25, 1920, as amended [30 U.S.C. 191],
and shall not constitute an obligation upon the general property or taxing authority of such unit of government.
(7) Notwithstanding any other provision of law, loans made pursuant to this section may be used for the non-Federal
share of the aggregate cost of any project or program otherwise funded by the Federal Government which requires a
non-Federal share for such project or program and which provides planning or public facilities otherwise eligible for
assistance under this section.
(8) Nothing in this section shall be construed to preclude any forebearance 1 for the benefit of the borrower including
loan restructuring, which may be determined by the Secretary as justified by the failure of anticipated mineral
development or related revenues to materialize as expected when the loan was made pursuant to this section.
(9) Recipients of loans made pursuant to this section shall keep such records as the Secretary shall prescribe by
regulation, including records which fully disclose the disposition of the proceeds of such assistance and such other
records as the Secretary may require to facilitate an effective audit. The Secretary and the Comptroller General of the
United States or their duly authorized representatives shall have access, for the purpose of audit, to such records.
(10) No person in the United States shall, on the grounds of race, color, religion, national origin, or sex be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded
in whole or part with funds made available under this section.
(11) All amounts collected in connection with loans made pursuant to this section, including interest payments or
repayments of principal on loans, fees, and other moneys, derived in connection with this section, shall be deposited in
the Treasury as miscellaneous receipts.
(Pub. L. 94–579, title III, §317(c), Oct. 21, 1976, 90 Stat. 2771; Pub. L. 95–352, §1(f), Aug. 20, 1978, 92 Stat. 515.)
Editorial Notes

References in Text
Act of February 25, 1920, as amended, referred to in par. (1), is act Feb. 25, 1920, ch. 85, 41 Stat. 437,
known as the Mineral Leasing Act, which is classified generally to chapter 3A (§181 et seq.) of Title 30,
Mineral Lands and Mining. For complete classification of this Act to the Code, see Short Title note set out
under section 181 of Title 30 and Tables.

Codification
Section is comprised of subsec. (c) of section 317 of Pub. L. 94–579. Subsecs. (a) and (b) of section 317
of Pub. L. 94–579 are classified to section 191 of Title 30, Mineral Lands and Mining, and a note set out
under that section; respectively.

Amendments
1978—Pars. (1) and (2). Pub. L. 95–352 redesignated par. (1) as pars. (1) and (2), in par. (1) struck out
provisions establishing interest rate requirements, and in par. (2) struck out exception for Alaska and
requirements for repayment. Former par. (2) redesignated (3).
Pars. (3) to (11). Pub. L. 95–352 redesignated former pars. (2) and (3) as (3) and (4), respectively, and
added pars. (5) to (11).

1 So in original.

§1748. Funding requirements
(a) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out the purposes and provisions of
this Act, but no amounts shall be appropriated to carry out after October 1, 2002, any program, function, or activity of
the Bureau under this or any other Act unless such sums are specifically authorized to be appropriated as of October
21, 1976 or are authorized to be appropriated in accordance with the provisions of subsection (b) of this section.
(b) Procedure applicable for authorization of appropriations
Consistent with section 1110 of title 31, beginning May 15, 1977, and not later than May 15 of each second even
numbered year thereafter, the Secretary shall submit to the Speaker of the House of Representatives and the
President of the Senate a request for the authorization of appropriations for all programs, functions, and activities of
the Bureau to be carried out during the four-fiscal-year period beginning on October 1 of the calendar year following
the calendar year in which such request is submitted. The Secretary shall include in his request, in addition to the
information contained in his budget request and justification statement to the Office of Management and Budget, the
funding levels which he determines can be efficiently and effectively utilized in the execution of his responsibilities for
each such program, function, or activity, notwithstanding any budget guidelines or limitations imposed by any official or
agency of the executive branch.
(c) Distribution of receipts from Bureau from disposal of lands, etc.
Nothing in this section shall apply to the distribution of receipts of the Bureau from the disposal of lands, natural
resources, and interests in lands in accordance with applicable law, nor to the use of contributed funds, private
deposits for public survey work, and townsite trusteeships, nor to fund allocations from other Federal agencies,
reimbursements from both Federal and non-Federal sources, and funds expended for emergency firefighting and
rehabilitation.
(d) Purchase of certain public lands from Land and Water Conservation Fund
In exercising the authority to acquire by purchase granted by section 1715(a) of this title, the Secretary may use the
Land and Water Conservation Fund to purchase lands which are necessary for proper management of public lands
which are primarily of value for outdoor recreation purposes.
(Pub. L. 94–579, title III, §318, Oct. 21, 1976, 90 Stat. 2771; Pub. L. 104–333, div. I, title III, §310, Nov. 12, 1996, 110
Stat. 4139.)
Editorial Notes

References in Text
This Act, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal
Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Codification
In subsec. (b), "section 1110 of title 31" substituted for "section 607 of the Congressional Budget Act of
1974 [31 U.S.C. 11c]" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.

Amendments
1996—Subsec. (a). Pub. L. 104–333 substituted "October 1, 2002" for "October 1, 1978".

§1748a. FLAME Wildfire Suppression Reserve Funds
(a) Definitions
In this section:
(1) Federal land
The term "Federal land" means—
(A) public land, as defined in section 1702 of this title;
(B) units of the National Park System;
(C) refuges of the National Wildlife Refuge System;
(D) land held in trust by the United States for the benefit of Indian tribes or members of an Indian tribe; and

(E) land in the National Forest System, as defined in section 1609(a) of title 16.
(2) FLAME Fund
The term "FLAME Fund" means a FLAME Wildfire Suppression Reserve Fund established by subsection (b).
(3) Relevant congressional committees
The term "relevant congressional committees" means the Committee on Appropriations, the Committee on Natural
Resources, and the Committee on Agriculture of the House of Representatives and the Committee on
Appropriations, the Committee on Energy and Natural Resources, and the Committee on Indian Affairs of the
Senate.
(4) Secretary concerned
The term "Secretary concerned" means—
(A) the Secretary of the Interior, with respect to—
(i) Federal land described in subparagraphs (A), (B), (C), and (D) of paragraph (1); and
(ii) the FLAME Fund established for the Department of the Interior; and
(B) the Secretary of Agriculture, with respect to—
(i) National Forest System land; and
(ii) the FLAME Fund established for the Department of the Agriculture.
(b) Establishment of FLAME Funds
There is established in the Treasury of the United States the following accounts:
(1) The FLAME Wildfire Suppression Reserve Fund for the Department of the Interior.
(2) The FLAME Wildfire Suppression Reserve Fund for the Department of Agriculture.
(c) Purpose of FLAME Funds
The FLAME Funds shall be available to cover the costs of large or complex wildfire events and as a reserve when
amounts provided for wildfire suppression and Federal emergency response in the Wildland Fire Management
appropriation accounts are exhausted.
(d) Funding
(1) Credits to funds
A FLAME Fund shall consist of the following:
(A) Such amounts as are appropriated to that FLAME Fund.
(B) Such amounts as are transferred to that FLAME Fund under paragraph (5).
(2) Authorization of appropriations
(A) Authorization of appropriations
There are authorized to be appropriated to the FLAME Funds such amounts as are necessary to carry out this
section.
(B) Congressional intent
It is the intent of Congress that, for fiscal year 2011 and each fiscal year thereafter, the amounts requested by
the President for a FLAME Fund should be not less than the amount estimated by the Secretary concerned as the
amount necessary for that fiscal year for wildfire suppression activities of the Secretary that meet the criteria
specified in subsection (e)(2)(B)(i).
(C) Sense of Congress on designation of flame fund appropriations, supplemental funding request, and
supplement to other suppression funding
It is the sense of Congress that for fiscal year 2011 and each fiscal year thereafter—
(i) amounts appropriated to a FLAME Fund in excess of the amount estimated by the Secretary concerned as
the amount necessary for that fiscal year for wildfire suppression activities of the Secretary that meet the criteria
specified in subsection (e)(2)(B)(i) should be designated as amounts necessary to meet emergency needs;
(ii) the Secretary concerned should promptly make a supplemental request for additional funds to replenish
the FLAME Fund if the Secretary determines that the FLAME Fund will be exhausted within 30 days; and
(iii) funding made available through the FLAME Fund should be used to supplement the funding otherwise
appropriated to the Secretary concerned for wildfire suppression and Federal emergency response in the
Wildland Fire Management appropriation accounts.
(3) Availability
Amounts in a FLAME Fund shall remain available to the Secretary concerned until expended.
(4) Notice of insufficient funds
The Secretary concerned shall notify the relevant congressional committees if the Secretary estimates that only 60
days worth of funds remain in the FLAME Fund administered by that Secretary.
(5) Transfer authority

If a FLAME Fund has insufficient funds, the Secretary concerned administering the other FLAME Fund may
transfer amounts to the FLAME Fund with insufficient funds. Not more than $100,000,000 may be transferred from a
FLAME Fund during any fiscal year under this authority.
(e) Use of FLAME Fund
(1) In general
Subject to paragraphs (2) and (3), amounts in a FLAME Fund shall be available to the Secretary concerned to
transfer to the Wildland Fire Management appropriation account of that Secretary to pay the costs of wildfire
suppression activities of that Secretary that are separate from amounts for wildfire suppression activities annually
appropriated to that Secretary under the Wildland Fire Management appropriation account of that Secretary.
(2) Declaration required
(A) In general
Amounts in a FLAME Fund shall be available for transfer under paragraph (1) only after that Secretary
concerned issues a declaration that a wildfire suppression event is eligible for funding from the FLAME Fund.
(B) Declaration criteria
A declaration by the Secretary concerned under subparagraph (A) may be issued only if—
(i) in the case of an individual wildfire incident—
(I) the fire covers 300 or more acres; or
(II) the Secretary concerned determines that the fire has required an emergency Federal response based
on the significant complexity, severity, or threat posed by the fire to human life, property, or resources; or
(ii) the cumulative costs of wildfire suppression and Federal emergency response activities for the Secretary
concerned will exceed, within 30 days, all of the amounts previously appropriated (including amounts
appropriated under an emergency designation, but excluding amounts appropriated to the FLAME Fund) to the
Secretary concerned for wildfire suppression and Federal emergency response.
(3) State, private, and tribal land
Use of a FLAME Fund for emergency wildfire suppression activities on State land, private land, and tribal land
shall be consistent with any existing agreements in which the Secretary concerned has agreed to assume
responsibility for wildfire suppression activities on the land.
(f) Treatment of anticipated and predicted activities
For fiscal year 2011 and subsequent fiscal years, the Secretary concerned shall request funds within the Wildland
Fire Management appropriation account of that Secretary for regular wildfire suppression activities that do not meet the
criteria specified in subsection (e)(2)(B)(i).
(g) Prohibition on other transfers
The Secretary concerned may not transfer funds from non-fire accounts to the Wildland Fire Management
appropriation account of that Secretary unless amounts in the FLAME Fund of that Secretary and any amounts
appropriated to that Secretary for the purpose of wildfire suppression will be exhausted within 30 days.
(h) Accounting and reports
(1) Accounting and reporting requirements
The Secretary concerned shall account and report on amounts transferred from the respective FLAME Fund in a
manner that is consistent with existing National Fire Plan reporting procedures.
(2) Annual report
The Secretary concerned shall submit to the relevant congressional committees and make available to the public
an annual report that—
(A) describes the obligation and expenditure of amounts transferred from the FLAME Fund; and
(B) includes any recommendations that the Secretary concerned may have to improve the administrative control
and oversight of the FLAME Fund.
(3) Estimates of wildfire suppression costs to improve budgeting and funding
(A) In general
Consistent with the schedule provided in subparagraph (C), the Secretary concerned shall submit to the
relevant congressional committees an estimate of anticipated wildfire suppression costs for the applicable fiscal
year.
(B) Independent review
The methodology for developing the estimates under subparagraph (A) shall be subject to periodic independent
review to ensure compliance with subparagraph (D).
(C) Schedule

The Secretary concerned shall submit an estimate under subparagraph (A) during—
(i) the first week of March of each year;
(ii) the first week of May of each year;
(iii) the first week of July of each year; and
(iv) if a bill making appropriations for the Department of the Interior and the Forest Service for the following
fiscal year has not been enacted by September 1, the first week of September of each year.
(D) Requirements
An estimate of anticipated wildfire suppression costs shall be developed using the best available—
(i) climate, weather, and other relevant data; and
(ii) models and other analytic tools.
(i) Termination of authority
The authority of the Secretary concerned to use the FLAME Fund established for that Secretary shall terminate at
the end of the third fiscal year in which no appropriations to, or withdrawals from, that FLAME Fund have been made
for a period of three consecutive fiscal years. Upon termination of such authority, any amounts remaining in the
affected FLAME Fund shall be transferred to, and made a part of, the Wildland Fire Management appropriation
account of the Secretary concerned for wildland suppression activities.
(Pub. L. 111–88, div. A, title V, §502, Oct. 30, 2009, 123 Stat. 2968.)
Editorial Notes

Codification
Section was enacted as part of the Federal Land Assistance, Management, and Enhancement Act of
2009, also known as the FLAME Act of 2009, and also as part of the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2010, and not as part of the Federal Land Policy
and Management Act of 1976 which comprises this chapter.

§1748a–1. Request for additional wildfire suppression funds
If the amount provided for wildfire suppression operations for that fiscal year will be exhausted within 30 calendar
days, the Secretary of the Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the
Office of Management and Budget, shall promptly submit a request to Congress for supplemental appropriations.
(Pub. L. 115–141, div. O, title I, §103, Mar. 23, 2018, 132 Stat. 1060.)
Editorial Notes

Codification
Section was enacted as part of the Wildfire Suppression Funding and Forest Management Activities
Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Federal Land
Policy and Management Act of 1976 which comprises this chapter.

§1748a–2. Reporting requirements
(a) In general
Not later than 90 days after the end of the fiscal year for which additional new budget authority is used, pursuant to
section 901(b)(2)(F)(i) of title 2, as added by section 102 of this division, the Secretary of the Interior or the Secretary
of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, shall—
(1) prepare an annual report with respect to the additional new budget authority;
(2) submit to the Committees on Appropriations, the Budget, and Natural Resources of the House of
Representatives and the Committees on Appropriations, the Budget, and Energy and Natural Resources of the
Senate the annual report prepared under paragraph (1); and
(3) make the report prepared under paragraph (1) available to the public.
(b) Components
The annual report prepared under subsection (a)(1) shall—
(1) document obligations and outlays of the additional new budget authority for wildfire suppression operations;
(2) identify risk-based factors that influenced management decisions with respect to wildfire suppression
operations;
(3) analyze a statistically significant sample of large fires, including an analysis for each fire of—

(A) cost drivers;
(B) the effectiveness of risk management techniques and whether fire operations strategy tracked the risk
assessment;
(C) any resulting ecological or other benefits to the landscape;
(D) the impact of investments in wildfire suppression operations preparedness;
(E) effectiveness of wildfire suppression operations, including an analysis of resources lost versus dollars
invested;
(F) effectiveness of any fuel treatments on fire behavior and suppression expenditures;
(G) levels of exposure experienced by firefighters;
(H) suggested corrective actions; and
(I) any other factors the Secretary of the Interior or Secretary of Agriculture (as applicable) determines to be
appropriate;
(4) include an accounting of overall fire management and spending by the Department of the Interior or the
Department of Agriculture, which shall be analyzed by fire size, cost, regional location, and other factors;
(5) describe any lessons learned in the conduct of wildfire suppression operations; and
(6) include any other elements that the Secretary of the Interior or the Secretary of Agriculture (as applicable)
determines to be necessary.
(Pub. L. 115–141, div. O, title I, §104, Mar. 23, 2018, 132 Stat. 1061.)
Editorial Notes

References in Text
Section 102 of this division, referred to in subsec. (a), means section 102 of div. O of Pub. L. 115–141.

Codification
Section was enacted as part of the Wildfire Suppression Funding and Forest Management Activities
Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Federal Land
Policy and Management Act of 1976 which comprises this chapter.

§1748b. Cohesive wildfire management strategy
(a) Strategy required
Not later than one year after October 30, 2009, the Secretary of the Interior and the Secretary of Agriculture, acting
jointly, shall submit to Congress a report that contains a cohesive wildfire management strategy, consistent with the
recommendations described in recent reports of the Government Accountability Office regarding management
strategies.
(b) Elements of strategy
The strategy required by subsection (a) shall provide for—
(1) the identification of the most cost-effective means for allocating fire management budget resources;
(2) the reinvestment in non-fire programs by the Secretary of the Interior and the Secretary of Agriculture;
(3) employing the appropriate management response to wildfires;
(4) assessing the level of risk to communities;
(5) the allocation of hazardous fuels reduction funds based on the priority of hazardous fuels reduction projects;
(6) assessing the impacts of climate change on the frequency and severity of wildfire; and
(7) studying the effects of invasive species on wildfire risk.
(c) Revision
At least once during each five-year period beginning on the date of the submission of the cohesive wildfire
management strategy under subsection (a), the Secretary of the Interior and the Secretary of Agriculture shall revise
the strategy to address any changes affecting the strategy, including changes with respect to landscape, vegetation,
climate, and weather.
(Pub. L. 111–88, div. A, title V, §503, Oct. 30, 2009, 123 Stat. 2971.)
Editorial Notes

Codification
Section was enacted as part of the Federal Land Assistance, Management, and Enhancement Act of
2009, also known as the FLAME Act of 2009, and also as part of the Department of the Interior,

Environment, and Related Agencies Appropriations Act, 2010, and not as part of the Federal Land Policy
and Management Act of 1976 which comprises this chapter.
Executive Documents

Ex. Ord. No. 13855. Promoting Active Management of America's Forests,
Rangelands, and Other Federal Lands To Improve Conditions and Reduce
Wildfire Risk
Ex. Ord. No. 13855, Dec. 21, 2018, 84 F.R. 45, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to protect people, communities, and watersheds,
and to promote healthy and resilient forests, rangelands, and other Federal lands by actively managing
them through partnerships with States, tribes, communities, non-profit organizations, and the private
sector. For decades, dense trees and undergrowth have amassed in these lands, fueling catastrophic
wildfires. These conditions, along with insect infestation, invasive species, disease, and drought, have
weakened our forests, rangelands, and other Federal lands, and have placed communities and homes at
risk of damage from catastrophic wildfires.
Active management of vegetation is needed to treat these dangerous conditions on Federal lands but
is often delayed due to challenges associated with regulatory analysis and current consultation
requirements. In addition, land designations and policies can reduce emergency responder access to
Federal land and restrict management practices that can promote wildfire-resistant landscapes. With the
same vigor and commitment that characterizes our efforts to fight wildfires, we must actively manage our
forests, rangelands, and other Federal lands to improve conditions and reduce wildfire risk.
In recognition of these regulatory, policy, and coordinating challenges, the Secretary of the Interior and
the Secretary of Agriculture (the Secretaries) each shall implement the following policies in their
respective departments:
(a) Shared Management Priorities. The goal of Federal fire management policy for forests, rangelands,
and other Federal lands shall be to agree on a set of shared priorities with Federal land managers,
States, tribes, and other landowners to manage fire risk across landscapes.
(b) Coordinating Federal, State, Tribal, and Local Assets. Wildfire prevention and suppression and
post-wildfire restoration require a variety of assets and skills across landscapes. Federal, State, tribal,
and local governments should coordinate the deployment of appropriate assets and skills to restore our
landscapes and communities after damage caused by fires and to help reduce hazardous fuels through
active forest management in order to protect communities, critical infrastructure, and natural and cultural
resources.
(c) Removing Hazardous Fuels, Increasing Active Management, and Supporting Rural Economies.
Post-fire assessments show that reducing vegetation through hazardous fuel management and strategic
forest health treatments is effective in reducing wildfire severity and loss. Actions must be taken across
landscapes to prioritize treatments in order to enhance fuel reduction and forest-restoration projects that
protect life and property, and to benefit rural economies through encouraging utilization of the by-products
of forest restoration.
Sec. 2. Goals. (a) To protect communities and watersheds, to better prevent catastrophic wildfires, and
to improve the health of America's forests, rangelands, and other Federal lands, the Secretaries shall
each develop goals and implementation plans for wildfire prevention activities and programs in their
respective departments. In the development of such goals and plans:
(i) The Secretary of the Interior shall review the Secretary's 2019 budget justifications and give all due
consideration to establishing the following objectives for 2019, as feasible and appropriate in light of
those budget justifications, and consistent with applicable law and available appropriations:
(A) Treating 750,000 acres of Department of the Interior (DOI)-administered lands to reduce fuel
loads;
(B) Treating 500,000 acres of DOI-administered lands to protect water quality and mitigate severe
flooding and erosion risks arising from forest fires;
(C) Treating 750,000 acres of DOI-administered lands for native and invasive species;
(D) Reducing vegetation giving rise to wildfire conditions through forest health treatments by
increasing health treatments as part of DOI's offering for sale 600 million board feet of timber from DOIadministered lands; and
(E) Performing maintenance on public roads needed to provide access for emergency services
and restoration work; and

(ii) The Secretary of Agriculture shall review the Secretary's 2019 budget justifications and give all due
consideration to establishing the following objectives for 2019, as feasible and appropriate in light of
those budget justifications, and consistent with applicable law and available appropriations:
(A) Treating 3.5 million acres of Department of Agriculture (USDA) Forest Service (FS) lands to
reduce fuel load;
(B) Treating 2.2 million acres of USDA FS lands to protect water quality and mitigate severe
flooding and erosion risks arising from forest fires;
(C) Treating 750,000 acres of USDA FS lands for native and invasive species;
(D) Reducing vegetation giving rise to wildfire conditions through forest health treatments by
increasing health treatments as part of USDA's offering for sale at least 3.8 billion board feet of timber
from USDA FS lands; and
(E) Performing maintenance on roads needed to provide access on USDA FS lands for emergency
services and restoration work.
(b) For the years following establishment of the objectives in subsection (a) of this section, the
Secretaries shall consider annual treatment objectives that meet or exceed those established in
subsection (a) of this section, using the full range of available and appropriate management tools,
including prescribed burns and mechanical thinning. The Secretaries shall also refine and develop
performance metrics to better capture the risk reduction benefits achieved through application of these
management tools.
(c) In conjunction with establishment of goals, and by no later than March 31, 2019, the Secretaries
shall identify salvage and log recovery options from lands damaged by fire during the 2017 and 2018 fire
seasons, insects, or disease.
Sec. 3. Coordination and Efficient Processes. Effective Federal agency coordination and efficient
administrative actions and decisions are essential to improving the condition of America's forests,
rangelands, and other Federal lands. To advance the policies set forth in this order and the goals set by
the Secretaries, the Secretaries shall:
(a) Coordinate with the heads of all relevant Federal agencies to prioritize and promptly implement
post-wildfire rehabilitation, salvage, and forest restoration;
(b) Streamline agency administrative and regulatory processes and policies relating to fuel reduction in
forests, rangelands, and other Federal lands and forest restoration when appropriate by:
(i) Adhering to minimum statutory and regulatory time periods, to the maximum extent practicable, for
comment, consultation, and administrative review processes related to active management of forests,
rangelands, and other Federal lands, including management of wildfire risks;
(ii) Using all applicable categorical exclusions set forth in law or regulation for fire management,
restoration, and other management projects in forests, rangelands, and other Federal lands when
implementing the requirements of the National Environmental Policy Act [of 1969] (42 U.S.C. 4321 et seq.);
(iii) Consistent with applicable law, developing and using new categorical exclusions to implement
active management of forests, rangelands, and other Federal lands; and
(iv) Immediately prioritizing efforts to reduce the time required to comply with consultation obligations
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Sec. 4. Unmanned Aerial Systems. To reduce fire and forest health risks as described in section 1 of this
order, the Secretaries shall, in coordination with the Administrator of the Federal Aviation Administration,
maximize appropriate use of unmanned aerial systems to accelerate forest management and support
firefighting and post-fire rehabilitation in forests, rangelands, and other Federal lands.
Sec. 5. Wildfire Strategy. (a) In collaboration with Federal, State, tribal, and local partners, the
Secretaries shall jointly develop, by December 31, 2020, a strategy to support local Federal land
managers in project decision-making and inform local fire management decisions related to forests,
rangelands, and other Federal lands, thereby protecting habitats and communities, and reducing risks to
physical infrastructure.
(b) In developing the strategy described in subsection (a) of this section, the Secretaries shall:
(i) Identify DOI- and USDA FS-administered lands with the highest probability of catastrophic wildfires,
as well as areas on those lands where there is a high probability that wildfires would threaten people,
structures, or other high-value assets, in order to direct and prioritize actions to meet land management
goals and to protect communities;
(ii) Examine the costs and challenges relating to management of DOI- and USDA FS-administered
lands, including costs associated with wildfire suppression, implementation of applicable statutory
requirements, and litigation;
(iii) Review land designations and policies that may limit active forest management and increase the
risk of catastrophic wildfires;
(iv) Consider market conditions as appropriate when preparing timber sales, including biomass and
biochar opportunities, and encourage export of these or similar forest-treatment products to the maximum

extent permitted by law, in order to promote active forest management, mitigate wildfire risk, and
encourage post-fire forest restoration;
(v) Develop recommended actions and incentives to expand uses, markets, and utilization of forest
products resulting from restoration and fuel reduction projects in forests, rangelands, and other Federal
lands, including biomass and small-diameter materials;
(vi) Assess how effectively Federal programs and investments support forest-product infrastructure and
market access;
(vii) Identify and assess methods, including methods undertaken pursuant to section 3(b)(iv) of this
order, to more effectively and efficiently streamline consultation under the Endangered Species Act;
(viii) In conjunction with the Administrator of the Environmental Protection Agency, identify methods to
reduce interagency regulatory barriers, improve alignment of Federal, State, and tribal policy, and identify
redundant policies and procedures to promote efficiencies in implementing the Clean Water Act of 1972
[also known as the Federal Water Pollution Control Act] (33 U.S.C. 1251 et seq.), Clean Air Act (42 U.S.C.
7401 et seq.), and other applicable Federal environmental laws; and
(ix) Develop procedures and guidance to facilitate timely compliance with the National Environmental
Policy Act.
Sec. 6. Collaborative Partnerships. To reduce fuel loads, restore watersheds, and improve forest,
rangeland, and other Federal land conditions, and to utilize available expertise and efficiently deploy
resources, the Secretaries shall expand collaboration with States, tribes, communities, non-profit
organizations, and the private sector. Such expanded collaboration by the Secretaries shall, at a
minimum, address:
(a) Supporting road activities needed to maintain forest, rangeland, and other Federal land health and
to mitigate wildfire risk by expanding existing or entering into new Good Neighbor Authority agreements,
consistent with applicable law; and
(b) Achieving the land management restoration goals set forth in section 2 of this order and reducing
fuel loads by pursuing long-term stewardship contracts, including 20-year contracts, with States, tribes,
non-profit organizations, communities, and the private sector, consistent with applicable law.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
Donald J. Trump.      

Ex. Ord. No. 13976. Establishing the Wildland Fire Management Policy
Committee
Ex. Ord. No. 13976, Jan. 14, 2021, 86 F.R. 6549, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Purpose. Federal wildland fire management lacks a single focal point of responsibility for
policy leadership and accountability for cost controls. While executive departments and agencies
(agencies) have implemented Executive Order 13855 of December 21, 2018 (Promoting Active
Management of America's Forests, Rangelands, and Other Federal Lands To Improve Conditions and
Reduce Wildfire Risk) [set out above], and similar Administration efforts, more must be done to continue
to improve interagency coordination.
In contrast to effective ground-level coordination with States, including at the National Interagency Fire
Center on suppression activity and the Wildland Fire Leadership Council (WFLC) on Federal-State policy
coordination, agencies do not adequately or effectively coordinate with each other at the policy level to
reduce hazardous fuels and wildfire severity. This order will ensure that agencies effectively work
together in coordinating Federal wildland fire management policy to improve funding allocations for
hazardous fuel projects, performance measures for suppression operations and hazardous fuels
mitigation, procurement, Federal-State cooperation and cost sharing, cross-jurisdictional post-wildfire
rehabilitation, monitoring of electric transmission lines and other critical infrastructure, and other
functions.
Sec. 2. Policy. It is the policy of the United States to:

(a) Improve coordination among agencies on wildland fire management policy, implementation, and
oversight issues;
(b) Reduce unnecessary duplication across the Federal Government by coordinating and consolidating
existing wildland fire-related councils, working groups, and other formal cross-agency initiatives, as
appropriate;
(c) Efficiently and effectively manage preparedness resources, initial attack response, extended attack
and large-fire support, post-wildfire rehabilitation, and hazardous fuels at a cross-boundary, landscape
scale;
(d) Promote integrated planning and procurement among agencies for Federal investments in wildland
fire management infrastructure;
(e) Support workforce development and efforts to recruit, train, and retain Federal wildland firefighters
to efficiently and effectively respond to wildfire on public lands, and to protect life, property, and
community infrastructure; and
(f) Coordinate Federal engagement with State, local, and tribal government entities, including Federal
policy positions in the WFLC.
Sec. 3. Interagency Wildland Fire Subcabinet. To promote efficient and effective coordination across
agencies engaged in Federal wildland firefighting and to facilitate coordinated and strategic wildland fire
management actions, an interagency Wildland Fire Management Policy Committee (to be known as the
Wildland Fire Subcabinet) is hereby established.
(a) The Wildland Fire Subcabinet shall be co-chaired by the Secretary of Agriculture and Secretary of
the Interior (Co-Chairs), and shall include the Secretary of Defense, the Secretary of Energy, the
Secretary of Homeland Security, the Chairman of the Council on Environmental Quality (CEQ), the
Director of the Office of Science and Technology Policy (OSTP), the Administrator of the Environmental
Protection Agency (EPA), the Director of the National Economic Council (NEC), and the heads of such
other agencies, or their designated representatives, as the Co-Chairs deem appropriate.
(b) The Wildland Fire Subcabinet shall meet quarterly.
Sec. 4. Reducing Inefficiencies and Duplication. Currently, several Federal wildfire-related councils, task
forces, working groups, and other formal cross-agency initiatives (Federal interagency working groups)
exist to address wildland fire management policy. Within 90 days of the date of this order [Jan. 14, 2021],
the Wildland Fire Subcabinet shall, to the extent practicable, identify all such Federal interagency working
groups and provide recommendations to the Secretary of the Interior, the Secretary of Agriculture, and
the Director of the Office of Management and Budget (OMB) on coordinating and consolidating these
Federal interagency working groups, as appropriate and consistent with applicable law.
Sec. 5. Improving Wildland Fire Management Policy Coordination, Implementation, and Oversight. Within 180
days of the date of this order, the Wildland Fire Subcabinet shall develop, publish, and implement a
strategic plan addressing the issues described in this section. To implement this strategic plan, the
Wildland Fire Subcabinet shall develop specific measurable goals, performance targets, and dashboard
reporting for consideration by each Federal agency represented on the Wildland Fire Subcabinet, using
common data standards at the wildfire and hazardous fuels program level. This strategic plan shall
address the issues described below:
(a) Effectively managing preparedness resources, initial attack response, extended attack and largefire support, post-wildfire rehabilitation, and hazardous fuels at a cross-boundary, landscape scale;
(b) Developing and adopting additional hazardous fuels performance measures that go beyond the
traditional output reporting of total acreage for fuel removal to transparently demonstrate a strategic focus
on projects that, by consensus agreement, pose the highest risks to life, property, and community
infrastructure;
(c) Developing and adopting additional wildland fire suppression operations performance measures for
large wildfires, and for aviation asset deployment, that go beyond the traditional output reporting of acres
burned, dollars spent, and gallons of retardant dropped to demonstrate strategic use of high-cost human
capital, equipment, and aircraft as opposed to traditional reliance on overwhelming force;
(d) Developing and adopting new technologies to bring to bear cutting-edge management of the
wildland fire program to improve the safety, efficiency, and effectiveness of suppression operations;
(e) Developing and adopting data-driven decision-making in order to support infrastructure, allowing for
better integration of wildland fire research and development into ground-level suppression operations and
hazardous fuel mitigation;
(f) Evaluating personnel policies to ensure that they allow for the year-round availability of a welltrained firefighting force at all levels, from apprentice to incident command, and the most efficient division
of responsibility between line officers and incident commanders to support wildfire response and
hazardous fuels reduction;
(g) Strengthening government and industry collaboration with critical infrastructure owners and
operators, including electric utilities, to better manage and mitigate risks, improve and invest in

technology research and development, deploy technologies in concert with the private sector, exchange
lessons learned in training and monitoring capabilities, and share operational practices;
(h) Examining regulatory and other issues that negatively impact hazardous fuel reduction and postwildfire rehabilitation program performance, including coordination across agencies on projects requiring
compliance with the National Environmental Policy Act, 42 U.S.C. 4321 et seq.;
(i) Coordinating among Federal land managers to assure efficient and consistent approaches between
agencies to review and approve utility vegetation management actions to improve or maintain the
reliability of the grid or reduce wildfire risk; and
(j) Developing a coordinated budget strategy that addresses the trade-offs between suppression,
preparedness, post-wildfire rehabilitation, and fuels treatment to ensure a balanced commitment of
resources and investment in areas at risk or affected by wildfire.
Sec. 6. Report. Within 1 year of the date of this order, and annually thereafter, the Wildland Fire
Subcabinet shall update the Chairman of CEQ, the Director of OMB, the Director of OSTP, and the
Director of the NEC on the status of the strategic plan and the specific actions identified in this order.
Sec. 7. Administration. The Department of Agriculture shall, to the extent permitted by law and subject to
the availability of appropriations, provide administrative support as needed for the Wildland Fire
Subcabinet to implement this order. The Departments of the Interior and Agriculture shall consult with
WFLC, as appropriate, to effectively carry out the requirements of this order.
Sec. 8. Federal Advisory Committee Act. The members of the Wildland Fire Subcabinet should, pursuant to
and consistent with the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and in the interest
of obtaining advice or recommendations for the Wildland Fire Subcabinet, use their advisory committees,
as appropriate.
Sec. 9. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with applicable law and subject to the
availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
Donald J. Trump.      

§1748b–1. Wildfire technology modernization
(a) Purpose
The purpose of this section is to promote the use of the best available technology to enhance the effective and costefficient response to wildfires—
(1) to meet applicable protection objectives; and
(2) to increase the safety of—
(A) firefighters; and
(B) the public.
(b) Definitions
In this section:
(1) Secretaries
The term "Secretaries" means—
(A) the Secretary of Agriculture; and
(B) the Secretary.
(2) Secretary concerned
The term "Secretary concerned" means—
(A) the Secretary of Agriculture, with respect to activities under the Department of Agriculture; and
(B) the Secretary, with respect to activities under the Department of the Interior.
(c) Unmanned aircraft systems
(1) Definitions
In this subsection, the terms "unmanned aircraft" and "unmanned aircraft system" have the meanings given those
terms in section 44801 of title 49.
(2) Establishment of program

Not later than 180 days after March 12, 2019, the Secretary, in consultation with the Secretary of Agriculture, shall
establish a research, development, and testing program, or expand an applicable existing program, to assess
unmanned aircraft system technologies, including optionally piloted aircraft, across the full range of wildland fire
management operations in order to accelerate the deployment and integration of those technologies into the
operations of the Secretaries.
(3) Expanding use of unmanned aircraft systems on wildfires
In carrying out the program established under paragraph (2), the Secretaries, in coordination with the Federal
Aviation Administration, State wildland firefighting agencies, and other relevant Federal agencies, shall enter into an
agreement under which the Secretaries shall develop consistent protocols and plans for the use on wildland fires of
unmanned aircraft system technologies, including for the development of real-time maps of the location of wildland
fires.
(d) Location systems for wildland firefighters
(1) In general
Not later than 2 years after March 12, 2019, subject to the availability of appropriations, the Secretaries, in
coordination with State wildland firefighting agencies, shall jointly develop and operate a tracking system (referred to
in this subsection as the "system") to remotely locate the positions of fire resources for use by wildland firefighters,
including, at a minimum, any fire resources assigned to Federal type 1 wildland fire incident management teams.
(2) Requirements
The system shall—
(A) use the most practical and effective technology available to the Secretaries to remotely track the location of
an active resource, such as a Global Positioning System;
(B) depict the location of each fire resource on the applicable maps developed under subsection (c)(3);
(C) operate continuously during the period for which any firefighting personnel are assigned to the applicable
Federal wildland fire; and
(D) be subject to such terms and conditions as the Secretary concerned determines necessary for the effective
implementation of the system.
(3) Operation
The Secretary concerned shall—
(A) before commencing operation of the system—
(i) conduct not fewer than 2 pilot projects relating to the operation, management, and effectiveness of the
system; and
(ii) review the results of those pilot projects;
(B) conduct training, and maintain a culture, such that an employee, officer, or contractor shall not rely on the
system for safety; and
(C) establish procedures for the collection, storage, and transfer of data collected under this subsection to
ensure—
(i) data security; and
(ii) the privacy of wildland fire personnel.
(e) Wildland fire decision support
(1) Protocol
To the maximum extent practicable, the Secretaries shall ensure that wildland fire management activities
conducted by the Secretaries, or conducted jointly by the Secretaries and State wildland firefighting agencies,
achieve compliance with applicable incident management objectives in a manner that—
(A) minimizes firefighter exposure to the lowest level necessary; and
(B) reduces overall costs of wildfire incidents.
(2) Wildfire decision support system
(A) In general
The Secretaries, in coordination with State wildland firefighting agencies, shall establish a system or expand an
existing system to track and monitor decisions made by the Secretaries or State wildland firefighting agencies in
managing wildfires.
(B) Components
The system established or expanded under subparagraph (A) shall be able to alert the Secretaries if—
(i) unusual costs are incurred;
(ii) an action to be carried out would likely—
(I) endanger the safety of a firefighter; or
(II) be ineffective in meeting an applicable suppression or protection goal; or

(iii) a decision regarding the management of a wildfire deviates from—
(I) an applicable protocol established by the Secretaries, including the requirement under paragraph (1); or
(II) an applicable spatial fire management plan or fire management plan of the Secretary concerned.
(f) Smoke projections from active wildland fires
The Secretaries shall establish a program, to be known as the "Interagency Wildland Fire Air Quality Response
Program", under which the Secretary concerned—
(1) to the maximum extent practicable, shall assign 1 or more air resource advisors to a type 1 incident
management team managing a Federal wildland fire; and
(2) may assign 1 or more air resource advisors to a type 2 incident management team managing a wildland fire.
(g) Omitted
(h) Rapid Response Erosion Database
(1) In general
The Secretaries, in consultation with the Administrator of the National Aeronautics and Space Administration and
the Secretary of Commerce, shall establish and maintain a database, to be known as the "Rapid Response Erosion
Database" (referred to in this subsection as the "Database").
(2) Open-source Database
(A) Availability
The Secretaries shall make the Database (including the original source code)—
(i) web-based; and
(ii) available without charge.
(B) Components
To the maximum extent practicable, the Database shall provide for—
(i) the automatic incorporation of spatial data relating to vegetation, soils, and elevation into an applicable
map created by the Secretary concerned that depicts the changes in land-cover and soil properties caused by a
wildland fire; and
(ii) the generation of a composite map that can be used by the Secretary concerned to model the
effectiveness of treatments in the burned area to prevent flooding, erosion, and landslides under a range of
weather scenarios.
(3) Use
The Secretary concerned shall use the Database, as applicable, in developing recommendations for emergency
stabilization treatments or modifications to drainage structures to protect values-at-risk following a wildland fire.
(4) Coordination
The Secretaries may share the Database, and any results generated in using the Database, with any State or unit
of local government.
(i) Predicting where wildfires will start
(1) In general
The Secretaries, in consultation with the Administrator of the National Aeronautics and Space Administration, the
Secretary of Energy, and the Secretary of Commerce, through the capabilities and assets located at the National
Laboratories, shall establish and maintain a system to predict the locations of future wildfires for fire-prone areas of
the United States.
(2) Cooperation; components
The system established under paragraph (1) shall be based on, and seek to enhance, similar systems in existence
on March 12, 2019, including the Fire Danger Assessment System.
(3) Use in forecasts
Not later than 1 year after March 12, 2019, the Secretaries shall use the system established under paragraph (1),
to the maximum extent practicable, for purposes of developing any wildland fire potential forecasts.
(4) Coordination
The Secretaries may share the system established under paragraph (1), and any results generated in using the
system, with any State or unit of local government.
(j) Termination of authority
The authority provided by this section terminates on the date that is 10 years after March 12, 2019.
(k) Savings clause
Nothing in this section—
(1) requires the Secretary concerned to establish a new program, system, or database to replace an existing
program, system, or database that meets the objectives of this section; or

(2) precludes the Secretary concerned from using existing or future technology that—
(A) is more efficient, safer, or better meets the needs of firefighters, other personnel, or the public; and
(B) meets the objectives of this section.
(Pub. L. 116–9, title I, §1114, Mar. 12, 2019, 133 Stat. 615.)
Editorial Notes

Codification
Section is comprised of section 1114 of Pub. L. 116–9. Subsec. (g) of section 1114 of Pub. L. 116–9
amended section 2208 of Title 15, Commerce and Trade.
Statutory Notes and Related Subsidiaries

Definition of "Secretary"
"Secretary" means the Secretary of the Interior, see section 2 of Pub. L. 116–9, set out as a note under

section 1 of Title 16, Conservation.

§1748c. Bureau of Land Management Foundation
(a) Definitions
In this section:
(1) Board
The term "Board" means the Board of Directors of the Foundation established under subsection (c).
(2) Foundation
The term "Foundation" means the Bureau of Land Management Foundation established by subsection (b)(1)(A).
(3) Public land
The term "public land" has the meaning given the term "public lands" in section 1702 of this title.
(4) Secretary
The term "Secretary" means the Secretary of the Interior.
(5) Wild free-roaming horses and burros
The term "wild free-roaming horses and burros" has the meaning given the term in section 1332 of title 16.
(b) Establishment and purposes
(1) Establishment
(A) In general
There is established a foundation, to be known as the "Bureau of Land Management Foundation".
(B) Limitation
The Foundation shall not be considered to be an agency or establishment of the United States.
(C) Tax exemption
The Foundation shall be considered to be a charitable and nonprofit corporation under section 501(c)(3) of title
26.
(2) Purposes
The purposes of the Foundation are—
(A) to encourage, accept, and administer private gifts of money and real and personal property for the benefit of,
or in connection with the activities and services of, the Bureau of Land Management;
(B) to carry out activities that advance the purposes for which public land is administered;
(C) to carry out and encourage educational, technical, scientific, and other assistance or activities that support
the mission of the Bureau of Land Management; and
(D) to assist the Bureau of Land Management with challenges that could be better addressed with the support of
a foundation, including—
(i) reclamation and conservation activities;
(ii) activities relating to wild free-roaming horses and burros; and
(iii) the stewardship of cultural and archeological treasures on public land.
(c) Board of Directors

(1) Establishment
(A) In general
The Foundation shall be governed by a Board of Directors.
(B) Composition
(i) In general
The Board shall consist of not more than 9 members.
(ii) Ex-officio member
The Director of the Bureau of Land Management shall be an ex-officio, nonvoting member of the Board.
(C) Requirements
(i) Citizenship
A member appointed to the Board shall be a citizen of the United States.
(ii) Expertise
A majority of members appointed to the Board shall have education or experience relating to natural, cultural,
conservation, or other resource management, law, or research.
(iii) Diverse points of view
To the maximum extent practicable, the members of the Board shall represent diverse points of view.
(2) Date of initial appointment
Not later than 1 year after May 5, 2017, the Secretary shall appoint the initial members of the Board.
(3) Terms
(A) In general
Except as provided in subparagraph (B), a member of the Board shall be appointed for a term of 6 years.
(B) Initial appointments
The Secretary shall stagger the initial appointments to the Board, as the Secretary determines to be
appropriate, in a manner that ensures that—
(i) 1/3 of the members shall serve for a term of 2 years;
(ii) 1/3 of the members shall serve for a term of 4 years; and
(iii) 1/3 of the members shall serve for a term of 6 years.
(C) Vacancies
A vacancy on the Board shall be filled—
(i) not later than 60 days after the date of the vacancy;
(ii) in the manner in which the original appointment was made; and
(iii) for the remainder of the term of the member vacating the Board.
(D) Removal for failure to attend meetings
(i) In general
A member of the Board may be removed from the Board by a majority vote of the Board, if the individual fails
to attend 3 consecutive regularly scheduled meetings of the Board.
(ii) Requirements
A vacancy as the result of a removal under clause (i) shall be filled in accordance with subparagraph (C).
(E) Limitation
A member of the Board shall not serve more than 12 consecutive years on the Board.
(4) Chairperson
(A) In general
The Board shall elect a Chairperson from among the members of the Board.
(B) Term
The Chairperson of the Board—
(i) shall serve as Chairperson for a 2-year term; and
(ii) may be reelected as Chairperson while serving as a member of the Board.
(5) Quorum
A majority of the voting members of the Board shall constitute a quorum for the transaction of business of the
Board.
(6) Meetings

The Board shall meet—
(A) at the call of the Chairperson; but
(B) not less than once each calendar year.
(7) Reimbursement of expenses
(A) In general
Serving as a member of the Board shall not constitute employment by the Federal Government for any purpose.
(B) Reimbursement
A member of the Board shall serve without pay, other than reimbursement for the actual and necessary traveling
and subsistence expenses incurred in the performance of the duties of the member for the Foundation, in
accordance with section 5703 of title 5.
(8) General powers
The Board may—
(A) appoint officers and employees in accordance with paragraph (9);
(B) adopt a constitution and bylaws consistent with the purposes of the Foundation and this section; and
(C) carry out any other activities that may be necessary to function and to carry out this section.
(9) Officers and employees
(A) In general
No officer or employee may be appointed to the Foundation until the date on which the Board determines that
the Foundation has sufficient funds to pay for the service of the officer or employee.
(B) Limitation
Appointment as an officer or employee of the Foundation shall not constitute employment by the Federal
Government.
(10) Limitation and conflicts of interest
(A) Prohibition on political activity
The Foundation shall not participate or intervene in a political campaign on behalf of any candidate for public
office.
(B) Limitation on participation
No member of the Board or officer or employee of the Foundation shall participate, directly or indirectly, in the
consideration or determination of any question before the Foundation that affects—
(i) the financial interests of the member of the Board, officer, or employee; or
(ii) the interests of any corporation partnership, entity, or organization in which the member of the Board,
officer, or employee—
(I) is an officer, director, or trustee; or
(II) has any direct or indirect financial interest.
(d) Powers and obligations
(1) In general
The Foundation—
(A) shall have perpetual succession; and
(B) may conduct business throughout the several States, territories, and possessions of the United States.
(2) Notice; service of process
(A) Designated agent
The Foundation shall at all times maintain a designated agent in the District of Columbia authorized to accept
service of process for the Foundation.
(B) Service of process
The serving of notice to, or service of process on, the agent required under this paragraph, or mailed to the
business address of the agent, shall be deemed to be notice to, or the service of process on, the Foundation.
(3) Seal
The Foundation shall have an official seal, to be selected by the Board, which shall be judicially noticed.
(4) Powers
To carry out the purposes of the Foundation, the Foundation shall have, in addition to powers otherwise authorized
by this section, the usual powers of a not-for-profit corporation in the District of Columbia, including the power—
(A) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, absolutely or in trust, of real
or personal property, or any income from, or other interest in, the property;
(B) to acquire by donation, gift, devise, purchase, or exchange, and to dispose of, any real or personal property
or interest in the property;

(C) to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income from property,
unless limited by the instrument of transfer;
(D) to borrow money and issue bonds, debentures, or other debt instruments;
(E) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the
members of the Board shall not be held personally liable, except in a case of gross negligence;
(F)(i) to enter into contracts or other agreements with public agencies, private organizations, and persons; and
(ii) to make such payments as may be necessary to carry out the purposes of the contracts or agreements; and
(G) to carry out any activity necessary and proper to advance the purposes of the Foundation.
(5) Real property
(A) In general
For purposes of this section, an interest in real property shall include mineral and water rights, rights-of-way, and
easements, appurtenant or in gross.
(B) Acceptance
A gift, devise, or bequest of real property may be accepted by the Foundation, regardless of whether the
property is encumbered, restricted, or subject to beneficial interests of a private person, if any current or future
interest in the property is for the benefit of the Foundation.
(C) Declining gifts
The Foundation may, at the discretion of the Foundation, decline any gift, devise, or bequest of real property.
(D) Prohibition on condemnation
No land, water, or interest in land or water, that is owned by the Foundation shall be subject to condemnation by
any State, political subdivision of a State, or agent or instrumentality of a State or political subdivision of a State.
(e) Administrative services and support
(1) Funding
(A) In general
For the purposes of assisting the Foundation in establishing an office and meeting initial administrative, project,
and other expenses, the Secretary may provide to the Foundation, from funds appropriated under subsection (j),
such sums as are necessary for fiscal years 2017 and 2018.
(B) Availability of funds
Funds made available under subparagraph (A) shall remain available to the Foundation until expended for
authorized purposes.
(2) Administrative expenses
(A) In general
The Secretary may provide to the Foundation personnel, facilities, equipment, and other administrative services,
subject to such limitations, terms, and conditions as the Secretary may establish.
(B) Reimbursement
The Foundation may reimburse the Secretary for any support provided under subparagraph (A), in whole or in
part, and any reimbursement received by the Secretary under this subparagraph shall be deposited in the
Treasury to the credit of the appropriations then current and chargeable for the cost of providing the services.
(f) Volunteers
The Secretary may accept, without regard to the civil service classification laws (including regulations), the services
of the Foundation, the Board, and the officers, employees, and agents of the Foundation, without compensation from
the Department of the Interior, as volunteers for the performance of the functions under section 1737(d) of this title.
(g) Audits and report requirements
(1) Audits
For purposes of section 10101 of title 36, the Foundation shall be considered to be a private corporation
established under Federal law.
(2) Annual reports
At the end of each fiscal year, the Board shall submit to Congress a report that describes the proceedings and
activities of the Foundation during that fiscal year, including a full and complete statement of the receipts,
expenditures, and investments.
(h) United States release from liability
(1) In general
The United States shall not be liable for any debt, default, act, or omission of the Foundation.
(2) Full faith and credit

The full faith and credit of the United States shall not extend to any obligation of the Foundation.
(i) Limitation on authority
Nothing in this section authorizes the Foundation to perform any function the authority for which is provided to the
Bureau of Land Management under any other provision of law.
(j) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(Pub. L. 115–31, div. G, title I, §122, May 5, 2017, 131 Stat. 463.)
Editorial Notes

Codification
Section was enacted as part of the Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2017, and also as part of the Consolidated Appropriations Act, 2017, and not as part
of the Federal Land Policy and Management Act of 1976 which comprises this chapter.

§1748d. Report on wildfire, insect infestation, and disease prevention on Federal
land
Not later than 180 days after December 20, 2018, and every year thereafter, the Secretary and the Secretary of
Interior 1 shall submit to the Committee on Agriculture of the House of Representatives, the Committee on Natural
Resources of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and
the Committee on Energy and Natural Resources of the Senate a jointly written report on—
(1) the number of acres of Federal land treated by the Secretary or the Secretary of the Interior for wildfire, insect
infestation, or disease prevention;
(2) the number of acres of Federal land categorized as a high or extreme fire risk;
(3) the total timber production from Federal land;
(4) the number of acres and average fire intensity of wildfires affecting Federal land treated for wildfire, insect
infestation, or disease prevention;
(5) the number of acres and average fire intensity of wildfires affecting Federal land not treated for wildfire, insect
infestation, or disease prevention;
(6) the Federal response time for each fire on greater than 25,000 acres;
(7) the number of miles of roads and trails on Federal land in need of maintenance;
(8) the number of miles of roads on Federal land in need of decommissioning;
(9) the maintenance backlog, as of the date of the report, for roads, trails, and recreational facilities on Federal
land;
(10) other measures needed to maintain, improve, or restore water quality on Federal land; and
(11) other measures needed to improve ecosystem function or resiliency on Federal land.
(Pub. L. 115–334, title VIII, §8706, Dec. 20, 2018, 132 Stat. 4880.)
Editorial Notes

Codification
Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Federal
Land Policy and Management Act of 1976 which comprises this chapter.
Statutory Notes and Related Subsidiaries

Definition of "Secretary"
"Secretary" means the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under

section 9001 of Title 7, Agriculture.

1 So in original. Probably should be preceded by "the".

SUBCHAPTER IV—RANGE MANAGEMENT

§1751. Grazing fees; feasibility study; contents; submission of report; annual
distribution and use of range betterment funds; nature of distributions
(a) The Secretary of Agriculture and the Secretary of the Interior shall jointly cause to be conducted a study to
determine the value of grazing on the lands under their jurisdiction in the eleven Western States with a view to
establishing a fee to be charged for domestic livestock grazing on such lands which is equitable to the United States
and to the holders of grazing permits and leases on such lands. In making such study, the Secretaries shall take into
consideration the costs of production normally associated with domestic livestock grazing in the eleven Western
States, differences in forage values, and such other factors as may relate to the reasonableness of such fees. The
Secretaries shall report the result of such study to the Congress not later than one year from and after October 21,
1976, together with recommendations to implement a reasonable grazing fee schedule based upon such study. If the
report required herein has not been submitted to the Congress within one year after October 21, 1976, the grazing fee
charge then in effect shall not be altered and shall remain the same until such report has been submitted to the
Congress. Neither Secretary shall increase the grazing fee in the 1977 grazing year.
(b)(1) Congress finds that a substantial amount of the Federal range lands is deteriorating in quality, and that
installation of additional range improvements could arrest much of the continuing deterioration and could lead to
substantial betterment of forage conditions with resulting benefits to wildlife, watershed protection, and livestock
production. Congress therefore directs that 50 per centum or $10,000,000 per annum, whichever is greater of all
moneys received by the United States as fees for grazing domestic livestock on public lands (other than from ceded
Indian lands) under the Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.) and the Act of August 28, 1937 (50
Stat. 874; 43 U.S.C. 1181d),1 and on lands in National Forests in the sixteen contiguous Western States under the
provisions of this section shall be credited to a separate account in the Treasury, one-half of which is authorized to be
appropriated and made available for use in the district, region, or national forest from which such moneys were
derived, as the respective Secretary may direct after consultation with district, regional, or national forest user
representatives, for the purpose of on-the-ground range rehabilitation, protection, and improvements on such lands,
and the remaining one-half shall be used for on-the-ground range rehabilitation, protection, and improvements as the
Secretary concerned directs. Any funds so appropriated shall be in addition to any other appropriations made to the
respective Secretary for planning and administration of the range betterment program and for other range
management. Such rehabilitation, protection, and improvements shall include all forms of range land betterment
including, but not limited to, seeding and reseeding, fence construction, weed control, water development, and fish and
wildlife habitat enhancement as the respective Secretary may direct after consultation with user representatives. The
annual distribution and use of range betterment funds authorized by this paragraph shall not be considered a major
Federal action requiring a detailed statement pursuant to section 4332(c) 2 of title 42.
(2) All distributions of moneys made under subsection (b)(1) shall be in addition to distributions made under section
10 of the Taylor Grazing Act [43 U.S.C. 315i] and shall not apply to distribution of moneys made under section 11 of
that Act [43 U.S.C. 315j]. The remaining moneys received by the United States as fees for grazing domestic livestock
on the public lands shall be deposited in the Treasury as miscellaneous receipts.
(Pub. L. 94–579, title IV, §401(a), (b)(1), (2), Oct. 21, 1976, 90 Stat. 2772; Pub. L. 95–514, §6(b), Oct. 25, 1978, 92
Stat. 1806.)
Editorial Notes

References in Text
The Taylor Grazing Act (48 Stat. 1269; 43 U.S.C. 315 et seq.), referred to in subsec. (b), is act June 28,
1934, ch. 865, 48 Stat. 1269, which is classified principally to subchapter I (§315 et seq.) of chapter 8A of
this title. For complete classification of this Act to the Code, see Short Title note set out under section 315
of this title and Tables.
Act of August 28, 1937, referred to in subsec. (b)(1), probably means section 4 of act Aug. 28, 1937,
ch. 876, title I, 50 Stat. 875, which was formerly classified to section 1181d of this title prior to editorial
reclassification as section 2603 of this title. For complete classification of this Act to the Code, see Tables.

Codification
Subsec. (b)(2) of this section is comprised of second and third sentences of section 401(b)(2) of Pub. L.

94–579. The first sentence of such section 401(b)(2) amended section 315i(b) of this title.

Amendments
1978—Subsec. (b)(1). Pub. L. 95–514 inserted "or $10,000,000 per annum, whichever is greater" after
"50 per centum" and substituted "sixteen contiguous Western States" for "eleven contiguous Western
States".

Statutory Notes and Related Subsidiaries

Credit on Grazing Fee for Approved Conservation Practices
Pub. L. 117–103, div. G, title III, Mar. 15, 2022, 136 Stat. 391, provided in part: "That notwithstanding
section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in
calculating a fee for grazing on a National Grassland, may provide a credit of up to 50 percent of the
calculated fee to a Grazing Association or direct permittee for a conservation practice approved by the
Secretary in advance of the fiscal year in which the cost of the conservation practice is incurred, and that
the amount credited shall remain available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each fiscal year thereafter for use on the
project for conservation practices approved by the Secretary".
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 116–260, div. G, title III, Dec. 27, 2020, 134 Stat. 1518.
Pub. L. 116–94, div. D, title III, Dec. 20, 2019, 133 Stat. 2725.
Pub. L. 116–6, div. E, title III, Feb. 15, 2019, 133 Stat. 242.
Pub. L. 115–141, div. G, title III, Mar. 23, 2018, 132 Stat. 671.
Pub. L. 115–31, div. G, title III, May 5, 2017, 131 Stat. 477.

Moratorium on Increase of Grazing Fee for 1978 Grazing Year
Pub. L. 95–321, July 21, 1978, 92 Stat. 394, in order to allow the Congress sufficient time to analyze the
report and recommendations of the Secretaries of Interior and Agriculture under subsec. (a) of this
section and to take appropriate action, provided that the 1978 grazing year fee was not to be raised by
the Secretary of the Interior for the grazing of livestock on public lands nor by the Secretary of Agriculture
for such grazing on lands under the jurisdiction of the Forest Service.
1 See References in Text note below.
2 So in original. Probably means "4332(2)(C)".

§1752. Grazing leases and permits
(a) Terms and conditions
Except as provided in subsection (b) of this section, permits and leases for domestic livestock grazing on public
lands issued by the Secretary under the Act of June 28, 1934 (48 Stat. 1269, as amended; 43 U.S.C. 315 et seq.) or
the Act of August 28, 1937 (50 Stat. 874, as amended; 43 U.S.C. 1181a–1181j),1 or by the Secretary of Agriculture,
with respect to lands within National Forests in the sixteen contiguous Western States, shall be for a term of ten years
subject to such terms and conditions the Secretary concerned deems appropriate and consistent with the governing
law, including, but not limited to, the authority of the Secretary concerned to cancel, suspend, or modify a grazing
permit or lease, in whole or in part, pursuant to the terms and conditions thereof, or to cancel or suspend a grazing
permit or lease for any violation of a grazing regulation or of any term or condition of such grazing permit or lease.
(b) Terms of lesser duration
Permits or leases may be issued by the Secretary concerned for a period shorter than ten years where the Secretary
concerned determines that—
(1) the land is pending disposal; or
(2) the land will be devoted to a public purpose prior to the end of ten years; or
(3) it will be in the best interest of sound land management to specify a shorter term: Provided, That the absence
from an allotment management plan of details the Secretary concerned would like to include but which are
undeveloped shall not be the basis for establishing a term shorter than ten years: Provided further, That the absence
of completed land use plans or court ordered environmental statements shall not be the sole basis for establishing a
term shorter than ten years unless the Secretary determines on a case-by-case basis that the information to be
contained in such land use plan or court ordered environmental impact statement is necessary to determine whether
a shorter term should be established for any of the reasons set forth in items (1) through (3) of this subsection.
(c) First priority for renewal of expiring permit or lease
(1) Renewal of expiring or transferred permit or lease
During any period in which (A) the lands for which the permit or lease is issued remain available for domestic
livestock grazing in accordance with land use plans prepared pursuant to section 1712 of this title or section 1604 of
title 16, (B) the permittee or lessee is in compliance with the rules and regulations issued and the terms and

conditions in the permit or lease specified by the Secretary concerned, and (C) 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.
(2) Continuation of terms under new permit or lease
The terms and conditions in a grazing permit or lease that has expired, or was terminated due to a grazing
preference transfer, shall be continued under a new permit or lease until the date on which the Secretary concerned
completes any environmental analysis and documentation for the permit or lease required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws.
(3) Completion of processing
As of the date on which the Secretary concerned completes the processing of a grazing permit or lease in
accordance with paragraph (2), the permit or lease may be canceled, suspended, or modified, in whole or in part.
(4) Environmental reviews
The Secretary concerned shall seek to conduct environmental reviews on an allotment or multiple allotment basis,
to the extent practicable, if the allotments share similar ecological conditions, for purposes of compliance with the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable laws.
(d) Allotment management plan requirements
All permits and leases for domestic livestock grazing issued pursuant to this section may incorporate an allotment
management plan developed by the Secretary concerned. However, nothing in this subsection shall be construed to
supersede any requirement for completion of court ordered environmental impact statements prior to development and
incorporation of allotment management plans. If the Secretary concerned elects to develop an allotment management
plan for a given area, he shall do so in careful and considered consultation, cooperation and coordination with the
lessees, permittees, and landowners involved, the district grazing advisory boards established pursuant to section
1753 of this title, and any State or States having lands within the area to be covered by such allotment management
plan. Allotment management plans shall be tailored to the specific range condition of the area to be covered by such
plan, and shall be reviewed on a periodic basis to determine whether they have been effective in improving the range
condition of the lands involved or whether such lands can be better managed under the provisions of subsection (e) of
this section. The Secretary concerned may revise or terminate such plans or develop new plans from time to time after
such review and careful and considered consultation, cooperation and coordination with the parties involved. As used
in this subsection, the terms "court ordered environmental impact statement" and "range condition" shall be defined as
in the "Public Rangelands Improvement Act of 1978 [43 U.S.C. 1901 et seq.]".
(e) Omission of allotment management plan requirements and incorporation of appropriate terms and
conditions; reexamination of range conditions
In all cases where the Secretary concerned has not completed an allotment management plan or determines that an
allotment management plan is not necessary for management of livestock operations and will not be prepared, the
Secretary concerned shall incorporate in grazing permits and leases such terms and conditions as he deems
appropriate for management of the permitted or leased lands pursuant to applicable law. The Secretary concerned
shall also specify therein the numbers of animals to be grazed and the seasons of use and that he may reexamine the
condition of the range at any time and, if he finds on reexamination that the condition of the range requires adjustment
in the amount or other aspect of grazing use, that the permittee or lessee shall adjust his use to the extent the
Secretary concerned deems necessary. Such readjustment shall be put into full force and effect on the date specified
by the Secretary concerned.
(f) Allotment management plan applicability to non-Federal lands; appeal rights
Allotment management plans shall not refer to livestock operations or range improvements on non-Federal lands
except where the non-Federal lands are intermingled with, or, with the consent of the permittee or lessee involved,
associated with, the Federal lands subject to the plan. The Secretary concerned under appropriate regulations shall
grant to lessees and permittees the right of appeal from decisions which specify the terms and conditions of allotment
management plans. The preceding sentence of this subsection shall not be construed as limiting any other right of
appeal from decisions of such officials.
(g) Cancellation of permit or lease; determination of reasonable compensation; notice
Whenever a permit or lease for grazing domestic livestock is canceled in whole or in part, in order to devote the
lands covered by the permit or lease to another public purpose, including disposal, the permittee or lessee shall
receive from the United States a reasonable compensation for the adjusted value, to be determined by the Secretary
concerned, of his interest in authorized permanent improvements placed or constructed by the permittee or lessee on
lands covered by such permit or lease, but not to exceed the fair market value of the terminated portion of the
permittee's or lessee's interest therein. Except in cases of emergency, no permit or lease shall be canceled under this
subsection without two years' prior notification.
(h) National Environmental Policy Act of 1969
(1) In general

The issuance of a grazing permit or lease by the Secretary concerned may be categorically excluded from the
requirement to prepare an environmental assessment or an environmental impact statement under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if—
(A) the issued permit or lease continues the current grazing management of the allotment; and
(B) the Secretary concerned—
(i) has assessed and evaluated the grazing allotment associated with the lease or permit; and
(ii) based on the assessment and evaluation under clause (i), has determined that the allotment—
(I) with respect to public land administered by the Secretary of the Interior—
(aa) is meeting land health standards; or
(bb) is not meeting land health standards due to factors other than existing livestock grazing; or
(II) with respect to National Forest System land administered by the Secretary of Agriculture—
(aa) is meeting objectives in the applicable land and resource management plan; or
(bb) is not meeting the objectives in the applicable land resource management plan due to factors other
than existing livestock grazing.
(2) Trailing and crossing
The trailing and crossing of livestock across public land and National Forest System land and the implementation
of trailing and crossing practices by the Secretary concerned may be categorically excluded from the requirement to
prepare an environmental assessment or an environmental impact statement under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(i) Priority and timing for completion of environmental analyses
The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing
for completing each required environmental analysis with respect to a grazing allotment, permit, or lease based on—
(1) the environmental significance of the grazing allotment, permit, or lease; and
(2) the available funding for the environmental analysis.
(j) Applicability of provisions to rights, etc., in or to public lands or lands in National Forests
Nothing in this Act shall be construed as modifying in any way law existing on October 21, 1976, with respect to the
creation of right, title, interest or estate in or to public lands or lands in National Forests by issuance of grazing permits
and leases.
(Pub. L. 94–579, title IV, §402, Oct. 21, 1976, 90 Stat. 2773; Pub. L. 95–514, §§7, 8, Oct. 25, 1978, 92 Stat. 1807; Pub.
L. 113–291, div. B, title XXX, §3023, Dec. 19, 2014, 128 Stat. 3762.)
Editorial Notes

References in Text
Act of June 28, 1934, referred to in subsec. (a), is act June 28, 1934, ch. 865, 48 Stat. 1269, known as
the Taylor Grazing Act, which is classified principally to subchapter I (§315 et seq.) of chapter 8A of this
title. For complete classification of this Act to the Code, see Short Title note set out under section 315 of
this title and Tables.
Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a–1181j), referred to in subsec. (a), probably means
act Aug. 28, 1937, ch. 876, 50 Stat. 874, which was formerly classified principally to sections 1181a to 1181f
of this title prior to editorial reclassification, and is now classified principally to subchapter I (§2601 et seq.)
of chapter 44 of this title. Section 3 of the Act, former section 1181c of this title, was repealed by Pub. L. 94–
579, title VII, §702, Oct. 21, 1976, 90 Stat. 2787. Sections 1181f–1 to 1181f–4 of this title, included within the
parenthetical reference to sections 1181a to 1181j, were enacted by act May 24, 1939, ch. 144, 53 Stat.
753, and were editorially reclassified as subchapter II (§2621 et seq.) of chapter 44 of this title. Sections
1181g to 1181j of this title, also included within the parenthetical reference to sections 1181a to 1181j, were
enacted by act June 24, 1954, ch. 357, 68 Stat. 270, and were editorially reclassified as subchapter III
(§2631 et seq.) of chapter 44 of this title. For complete classification of these Acts to the Code, see Tables.
The National Environmental Policy Act of 1969, referred to in subsecs. (c)(2), (4) and (h), is Pub. L. 91–
190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The
Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out
under section 4321 of Title 42 and Tables.
The Public Rangelands Improvement Act of 1978, referred to in subsec. (d), is Pub. L. 95–514, Oct. 25,
1978, 92 Stat. 1803, which is classified principally to chapter 37 (§1901 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 1901 of this title and Tables.
This Act, referred to in subsec. (j), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal
Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Amendments

2014—Subsec. (c). Pub. L. 113–291, §3023(1), designated existing provisions as par. (1) and inserted
heading, substituted "During any period in which" for "So long as", redesignated former pars. (1) to (3) as
subpars. (A) to (C), respectively, and added pars. (2) to (4).
Subsecs. (h) to (j). Pub. L. 113–291, §3023(2), (3), added subsecs. (h) and (i) and redesignated former
subsec. (h) as (j).
1978—Subsec. (a). Pub. L. 95–514, §7(b), substituted "sixteen contiguous Western States" for "eleven
contiguous Western States".
Subsec. (b)(3). Pub. L. 95–514, §7(a), inserted provision that absence of completed land use plans or
court ordered environmental statements shall not be the sole basis for establishing a term shorter than
ten years unless information therein would be necessary to determine whether a shorter term should be
established for any of the specified reasons.
Subsec. (d). Pub. L. 95–514, §8(a), struck out ", with the exceptions authorized in subsection (e) of this
section, on and after October 1, 1988," after "pursuant to this section" and inserted provisions prohibiting
any requirements for completion of court ordered environmental impact statements prior to development
and incorporation of allotment plans from being superseded by subsec. (d), providing for careful and
considered consultation, cooperation, and coordination with certain persons, including landowners
involved, district grazing advisory boards and States having lands within the covered area and for
tailoring allotment management plans to the specific range condition of the covered area and periodic
review thereof, authorizing the Secretary to terminate or develop the plans after review and careful and
considered consultation, cooperation, and coordination with the parties involved, and defining "court
ordered environmental impact statement" and "range condition".
Subsec. (e). Pub. L. 95–514, §8(b), substituted introductory word "In" for "Prior to October 1, 1988, or
thereafter, in".
Statutory Notes and Related Subsidiaries

Grazing Permit Renewals
Pub. L. 108–108, title III, §325, Nov. 10, 2003, 117 Stat. 1308, provided in part: "That beginning in
November 2004, and every year thereafter, the Secretaries of the Interior and Agriculture shall report to
Congress the extent to which they are completing analysis required under applicable laws prior to the
expiration of grazing permits, and beginning in May 2004, and every two years thereafter, the Secretaries
shall provide Congress recommendations for legislative provisions necessary to ensure all permit
renewals are completed in a timely manner. The legislative recommendations provided shall be
consistent with the funding levels requested in the Secretaries' budget proposals".

Appeals of Reductions in Grazing Allotments on Public Rangeland; Time;
Effective Date of Reductions; Suspension Pending Final Action on
Appeal
Provisions requiring appeals of reductions in grazing allotments on public rangelands to be taken within
a certain time period; providing that reductions of up to 10 per centum in grazing allotments are effective
when so designated by the Secretary; suspending proposed reductions in excess of 10 per centum
pending final action on appeals; and requiring final action on appeals to be completed within 2 years of
filing of the appeal were contained in the following appropriation acts:
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378.
Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 993.
Pub. L. 101–512, title I, Nov. 5, 1990, 104 Stat. 1917.
Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 704.
Pub. L. 100–446, title I, Sept. 27, 1988, 102 Stat. 1776.
Pub. L. 100–202, §101(g) [title I], Dec. 22, 1987, 101 Stat. 1329–213, 1329-216.
Pub. L. 99–500, §101(h) [title I], Oct. 18, 1986, 100 Stat. 1783–242, 1783-245, and Pub. L. 99–591, §101(h)
[title I], Oct. 30, 1986, 100 Stat. 3341–242, 3341-245.
Pub. L. 99–190, §101(d) [title I], Dec. 19, 1985, 99 Stat. 1224, 1226.
Pub. L. 98–473, title I, §101(c) [title I], Oct. 12, 1984, 98 Stat. 1837, 1840.
Pub. L. 98–146, title I, Nov. 4, 1983, 97 Stat. 921.
Pub. L. 97–394, title I, Dec. 30, 1982, 96 Stat. 1968.
Pub. L. 97–100, title I, Dec. 23, 1981, 95 Stat. 1393.
Pub. L. 96–514, title I, Dec. 12, 1980, 94 Stat. 2959.
Pub. L. 96–126, title I, Nov. 27, 1979, 93 Stat. 956.

1 See References in Text note below.

§1753. Omitted
Editorial Notes

Codification
Section, Pub. L. 94–579, title IV, §403, Oct. 21, 1976, 90 Stat. 2775; Pub. L. 95–514, §10, Oct. 25, 1978, 92
Stat. 1808, provided for the establishment and maintenance of grazing advisory boards and expired on
Dec. 31, 1985.

SUBCHAPTER V—RIGHTS-OF-WAY

§1761. Grant, issue, or renewal of rights-of-way
(a) Authorized purposes
The Secretary, with respect to the public lands (including public lands, as defined in section 1702(e) of this title,
which are reserved from entry pursuant to section 24 of the Federal Power Act (16 U.S.C. 818)) and, the Secretary of
Agriculture, with respect to lands within the National Forest System (except in each case land designated as
wilderness), are authorized to grant, issue, or renew rights-of-way over, upon, under, or through such lands for—
(1) reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and systems for the
impoundment, storage, transportation, or distribution of water;
(2) pipelines and other systems for the transportation or distribution of liquids and gases, other than water and
other than oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom, and for
storage and terminal facilities in connection therewith;
(3) pipelines, slurry and emulsion systems, and conveyor belts for transportation and distribution of solid materials,
and facilities for the storage of such materials in connection therewith;
(4) systems for generation, transmission, and distribution of electric energy, except that the applicant shall also
comply with all applicable requirements of the Federal Energy Regulatory Commission under the Federal Power Act,
including part 1 1 thereof (41 Stat. 1063, 16 U.S.C. 791a–825r).; 2
(5) systems for transmission or reception of radio, television, telephone, telegraph, and other electronic signals,
and other means of communication;
(6) roads, trails, highways, railroads, canals, tunnels, tramways, airways, livestock driveways, or other means of
transportation except where such facilities are constructed and maintained in connection with commercial recreation
facilities on lands in the National Forest System; or
(7) such other necessary transportation or other systems or facilities which are in the public interest and which
require rights-of-way over, upon, under, or through such lands.
(b) Procedures applicable; administration
(1) The Secretary concerned shall require, prior to granting, issuing, or renewing a right-of-way, that the applicant
submit and disclose those plans, contracts, agreements, or other information reasonably related to the use, or intended
use, of the right-of-way, including its effect on competition, which he deems necessary to a determination, in
accordance with the provisions of this Act, as to whether a right-of-way shall be granted, issued, or renewed and the
terms and conditions which should be included in the right-of-way.
(2) If the applicant is a partnership, corporation, association, or other business entity, the Secretary concerned, prior
to granting a right-to-way 3 pursuant to this subchapter, shall require the applicant to disclose the identity of the
participants in the entity, when he deems it necessary to a determination, in accordance with the provisions of this
subchapter, as to whether a right-of-way shall be granted, issued, or renewed and the terms and conditions which
should be included in the right-of-way. Such disclosures shall include, where applicable: (A) the name and address of
each partner; (B) the name and address of each shareholder owning 3 per centum or more of the shares, together with
the number and percentage of any class of voting shares of the entity which such shareholder is authorized to vote;
and (C) the name and address of each affiliate of the entity together with, in the case of an affiliate controlled by the
entity, the number of shares and the percentage of any class of voting stock of that affiliate owned, directly or indirectly,
by that entity, and, in the case of an affiliate which controls that entity, the number of shares and the percentage of any
class of voting stock of that entity owned, directly or indirectly, by the affiliate.
(3) The Secretary of Agriculture shall have the authority to administer all rights-of-way granted or issued under
authority of previous Acts with respect to lands under the jurisdiction of the Secretary of Agriculture, including rights-of-

way granted or issued pursuant to authority given to the Secretary of the Interior by such previous Acts.
(c) Permanent easement for water systems; issuance, preconditions, etc.
(1) Upon receipt of a written application pursuant to paragraph (2) of this subsection from an applicant meeting the
requirements of this subsection, the Secretary of Agriculture shall issue a permanent easement, without a requirement
for reimbursement, for a water system as described in subsection (a)(1) of this section, traversing Federal lands within
the National Forest System ("National Forest Lands"), constructed and in operation or placed into operation prior to
October 21, 1976, if—
(A) the traversed National Forest lands are in a State where the appropriation doctrine governs the ownership of
water rights;
(B) at the time of submission of the application the water system is used solely for agricultural irrigation or
livestock watering purposes;
(C) the use served by the water system is not located solely on Federal lands;
(D) the originally constructed facilities comprising such system have been in substantially continuous operation
without abandonment;
(E) the applicant has a valid existing right, established under applicable State law, for water to be conveyed by the
water system;
(F) a recordable survey and other information concerning the location and characteristics of the system as
necessary for proper management of National Forest lands is provided to the Secretary of Agriculture by the
applicant for the easement; and
(G) the applicant submits such application on or before December 31, 1996.
(2)(A) Nothing in this subsection shall be construed as affecting any grants made by any previous Act. To the extent
any such previous grant of right-of-way is a valid existing right, it shall remain in full force and effect unless an owner
thereof notifies the Secretary of Agriculture that such owner elects to have a water system on such right-of-way
governed by the provisions of this subsection and submits a written application for issuance of an easement pursuant
to this subsection, in which case upon the issuance of an easement pursuant to this subsection such previous grant
shall be deemed to have been relinquished and shall terminate.
(B) Easements issued under the authority of this subsection shall be fully transferable with all existing conditions and
without the imposition of fees or new conditions or stipulations at the time of transfer. The holder shall notify the
Secretary of Agriculture within sixty days of any address change of the holder or change in ownership of the facilities.
(C) Easements issued under the authority of this subsection shall include all changes or modifications to the original
facilities in existence as of October 21, 1976, the date of enactment of this Act.
(D) Any future extension or enlargement of facilities after October 21, 1976, shall require the issuance of a separate
authorization, not authorized under this subsection.
(3)(A) Except as otherwise provided in this subsection, the Secretary of Agriculture may terminate or suspend an
easement issued pursuant to this subsection in accordance with the procedural and other provisions of section 1766 of
this title. An easement issued pursuant to this subsection shall terminate if the water system for which such easement
was issued is used for any purpose other than agricultural irrigation or livestock watering use. For purposes of
subparagraph (D) of paragraph (1) of this subsection, non-use of a water system for agricultural irrigation or livestock
watering purposes for any continuous five-year period shall constitute a rebuttable presumption of abandonment of the
facilities comprising such system.
(B) Nothing in this subsection shall be deemed to be an assertion by the United States of any right or claim with
regard to the reservation, acquisition, or use of water. Nothing in this subsection shall be deemed to confer on the
Secretary of Agriculture any power or authority to regulate or control in any manner the appropriation, diversion, or use
of water for any purpose (nor to diminish any such power or authority of such Secretary under applicable law) or to
require the conveyance or transfer to the United States of any right or claim to the appropriation, diversion, or use of
water.
(C) Except as otherwise provided in this subsection, all rights-of-way issued pursuant to this subsection are subject
to all conditions and requirements of this Act.
(D) In the event a right-of-way issued pursuant to this subsection is allowed to deteriorate to the point of threatening
persons or property and the holder of the right-of-way, after consultation with the Secretary of Agriculture, refuses to
perform the repair and maintenance necessary to remove the threat to persons or property, the Secretary shall have
the right to undertake such repair and maintenance on the right-of-way and to assess the holder for the costs of such
repair and maintenance, regardless of whether the Secretary had required the holder to furnish a bond or other
security pursuant to subsection (i) of this section.
(d) Rights-of-way on certain Federal lands
With respect to any project or portion thereof that was licensed pursuant to, or granted an exemption from, part I of
the Federal Power Act [16 U.S.C. 791a et seq.] which is located on lands subject to a reservation under section 24 of
the Federal Power Act [16 U.S.C. 818] and which did not receive a permit, right-of-way or other approval under this
section prior to October 24, 1992, no such permit, right-of-way, or other approval shall be required for continued
operation, including continued operation pursuant to section 15 of the Federal Power Act [16 U.S.C. 808], of such
project unless the Commission determines that such project involves the use of any additional public lands or National
Forest lands not subject to such reservation.

(Pub. L. 94–579, title V, §501, Oct. 21, 1976, 90 Stat. 2776; Pub. L. 99–545, §1(b), (c), Oct. 27, 1986, 100 Stat. 3047,
3048; Pub. L. 102–486, title XXIV, §2401, Oct. 24, 1992, 106 Stat. 3096.)
Editorial Notes

References in Text
The Federal Power Act, referred to in subsecs. (a)(4) and (d), is act June 20, 1920, ch. 285, 41 Stat.
1063, which is classified generally to chapter 12 (§791a et seq.) of Title 16, Conservation. Part I of the Act is
classified generally to subchapter I (§791a et seq.) of chapter 12 of Title 16. For complete classification of
this Act to the Code, see section 791a of Title 16 and Tables.
This Act, referred to in subsecs. (b)(1) and (c)(3)(C), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743,

known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to
the Code, see Tables.

Amendments
1992—Subsec. (a). Pub. L. 102–486, §2401(1), inserted "(including public lands, as defined in section
1702(e) of this title, which are reserved from entry pursuant to section 24 of the Federal Power Act (16
U.S.C. 818))".
Subsec. (a)(4). Pub. L. 102–486, §2401(2), substituted "Federal Energy Regulatory Commission under
the Federal Power Act, including part 1 thereof (41 Stat. 1063, 16 U.S.C. 791a–825r)." for "Federal Power
Commission under the Federal Power Act of 1935 (49 Stat. 847; 16 U.S.C. 791)". The substitution was

made to reflect the probable intent of Congress, in the absence of closing quotations designating the
provisions to be struck out.
Subsec. (d). Pub. L. 102–486, §2401(3), added subsec. (d).
1986—Subsec. (b)(3). Pub. L. 99–545, §1(c), added par. (3).
Subsec. (c). Pub. L. 99–545, §1(b), added subsec. (c).
Executive Documents

Transfer of Functions
Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Department, related to compliance with land use permits for
other associated land uses issued under sections 1761, and 1763 to 1771 of this title, and such 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 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, §§102(e), (f), 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.
1 So in original. Probably should be part "I".
2 So in original. The period preceding the semicolon probably should not appear.
3 So in original. Probably should be "right-of-way".

§1761a. Streamlining the Forest Service process for consideration of
communications facility location applications
(a) Definitions

In this section:
(1) Communications facility
The term "communications facility" includes—
(A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted
unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all
kinds; and
(B) any antenna or apparatus that—
(i) is designed for the purpose of emitting radio frequency;
(ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal
Communications Commission or is using duly authorized devices that do not require individual licenses; and
(iii) is added to a tower, building, or other structure.
(2) Communications site
The term "communications site" means an area of covered land designated for communications uses.
(3) Communications use
The term "communications use" means the placement and operation of a communications facility.
(4) Communications use authorization
The term "communications use authorization" means an easement, right-of-way, lease, license, or other
authorization to locate or modify a communications facility on covered land by the Forest Service for the primary
purpose of authorizing the occupancy and use of the covered land for communications use.
(5) Covered land
The term "covered land" means National Forest System land.
(6) Forest Service
The term "Forest Service" means the United States Forest Service of the Department of Agriculture.
(7) Organizational unit
The term "organizational unit" means, within the Forest Service—
(A) a regional office;
(B) the headquarters;
(C) a management unit; or
(D) a ranger district office.
(b) Regulations
Notwithstanding section 1455 of title 47 or section 606 of the Repack Airwaves Yielding Better Access for Users of
Modern Services Act of 2018 (Public Law 115–141), not later than 1 year after December 20, 2018, the Secretary shall
issue regulations—
(1) to streamline the process for considering applications to locate or modify communications facilities on covered
land;
(2) to ensure, to the maximum extent practicable, that the process is uniform and standardized across the
organizational units of the Forest Service; and
(3) to require that the applications described in paragraph (1) be considered and granted on a competitively
neutral, technology neutral, and non-discriminatory basis.
(c) Requirements
The regulations issued under subsection (b) shall include the following:
(1) Procedures for the tracking of applications described in subsection (b)(1), including—
(A) identifying the number of applications—
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application that is denied, describing the reasons for the denial; and
(C) describing the amount of time between the receipt of an application and the issuance of a final decision on
an application.
(2) Provision for minimum lease terms of not less than 15 years for leases with respect to the location of
communications facilities on covered land.
(3) A structure of fees for—
(A) submitting an application described in subsection (b)(1), based on the cost to the Forest Service of
considering such an application; and

(B) issuing communications use authorizations, based on the cost to the Forest Service of any maintenance or
other activities required to be performed by the Forest Service as a result of the location or modification of the
communications facility.
(4) Provision for prioritization or streamlining of the consideration of applications to locate or modify
communications facilities on covered land in a previously disturbed right-of-way.
(d) Additional considerations
In issuing regulations under subsection (b), the Secretary shall consider—
(1) how discrete reviews in considering an application described in subsection (b)(1) can be conducted
simultaneously, rather than sequentially, by any organizational units of the Forest Service that must approve the
location or modification; and
(2) how to eliminate overlapping requirements among the organizational units of the Forest Service with respect to
the location or modification of a communications facility on covered land administered by those organizational units.
(e) Communication of streamlined process to organizational units
The Secretary shall, with respect to the regulations issued under subsection (b)—
(1) communicate the regulations to the organizational units of the Forest Service; and
(2) ensure that the organizational units of the Forest Service follow the regulations.
(f) Deposit and availability of fees
(1) Special account
The Secretary of the Treasury shall establish a special account in the Treasury for the Forest Service for the
deposit of fees collected by the Forest Service under subsection (c)(3) for communications use authorizations on
covered land granted, issued, or executed by the Forest Service.
(2) Requirements for fees collected
Fees collected by the Forest Service under subsection (c)(3) shall be—
(A) collected only to the extent provided in advance in appropriations Acts;
(B) based on the costs described in subsection (c)(3); and
(C) competitively neutral, technology neutral, and nondiscriminatory with respect to other users of the
communications site.
(3) Deposit of fees
Fees collected by the Forest Service under subsection (c)(3) shall be deposited in the special account established
for the Forest Service under paragraph (1).
(4) Availability of fees
Amounts deposited in the special account for the Forest Service shall be available, to the extent and in such
amounts as are provided in advance in appropriation Acts, to the Secretary to cover costs incurred by the Forest
Service described in subsection (c)(3), including the following:
(A) Preparing needs assessments or other programmatic analyses necessary to designate communications
sites and issue communications use authorizations.
(B) Developing management plans for communications sites.
(C) Training for management of communications sites.
(D) Obtaining or improving access to communications sites.
(5) No additional appropriations authorized
Except as provided in paragraph (4), no other amounts are authorized to be appropriated to carry out this section.
(g) Savings provisions
(1) Real property authorities
Nothing in this section, or the amendments made by this section, shall be construed as providing any executive
agency with any new leasing or other real property authorities not existing prior to December 20, 2018.
(2) Effect on other laws
Nothing in this section, or the amendments made by this section, and no actions taken pursuant to this section, or
the amendments made by this section, shall impact a decision or determination by any executive agency to sell,
dispose of, declare excess or surplus, lease, reuse, or redevelop any Federal real property pursuant to title 40, the
Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note; Public Law 114–287), or any other law
governing real property activities of the Federal Government. No agreement entered into pursuant to this section, or
the amendments made by this section, may obligate the Federal Government to hold, control, or otherwise retain or
use real property that may otherwise be deemed as excess, surplus, or that could otherwise be sold, leased, or
redeveloped.
(Pub. L. 115–334, title VIII, §8705, Dec. 20, 2018, 132 Stat. 4878; Pub. L. 116–94, div. D, title IV, §416, Dec. 20, 2019,
133 Stat. 2746.)

Editorial Notes

References in Text
Section 606 of the Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018,
referred to in subsec. (b), is section 606 of div. P of Pub. L. 115–141, which amended section 1455 of Title 47,
Telecommunications, and enacted provisions set out as notes under section 1455 of Title 47.

Codification
Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Federal
Land Policy and Management Act of 1976 which comprises this chapter.

Amendments
2019—Subsec. (f)(2). Pub. L. 116–94 added par. (2) and struck out former par. (2). Prior to amendment,
text read as follows: "Fees collected by the Forest Service under subsection (c)(3) shall be—
"(A) based on the costs described in subsection (c)(3); and
"(B) competitively neutral, technology neutral, and nondiscriminatory with respect to other users of
the communications site."
Statutory Notes and Related Subsidiaries

Definition of "Secretary"
"Secretary" means the Secretary of Agriculture, see section 2 of Pub. L. 115–334, set out as a note under

section 9001 of Title 7, Agriculture.

§1762. Roads
(a) Authority to acquire, construct, and maintain; financing arrangements
The Secretary, with respect to the public lands, is authorized to provide for the acquisition, construction, and
maintenance of roads within and near the public lands in locations and according to specifications which will permit
maximum economy in harvesting timber from such lands tributary to such roads and at the same time meet the
requirements for protection, development, and management of such lands for utilization of the other resources thereof.
Financing of such roads may be accomplished (1) by the Secretary utilizing appropriated funds, (2) by requirements on
purchasers of timber and other products from the public lands, including provisions for amortization of road costs in
contracts, (3) by cooperative financing with other public agencies and with private agencies or persons, or (4) by a
combination of these methods: Provided, That, where roads of a higher standard than that needed in the harvesting
and removal of the timber and other products covered by the particular sale are to be constructed, the purchaser of
timber and other products from public lands shall not, except when the provisions of the second proviso of this
subsection apply, be required to bear that part of the costs necessary to meet such higher standard, and the Secretary
is authorized to make such arrangements to this end as may be appropriate: Provided further, That when timber is
offered with the condition that the purchaser thereof will build a road or roads in accordance with standards specified in
the offer, the purchaser of the timber will be responsible for paying the full costs of construction of such roads.
(b) Recordation of copies of affected instruments
Copies of all instruments affecting permanent interests in land executed pursuant to this section shall be recorded in
each county where the lands are located.
(c) Maintenance or reconstruction of facilities by users
The Secretary may require the user or users of a road, trail, land, or other facility administered by him through the
Bureau, including purchasers of Government timber and other products, to maintain such facilities in a satisfactory
condition commensurate with the particular use requirements of each. Such maintenance to be borne by each user
shall be proportionate to total use. The Secretary may also require the user or users of such a facility to reconstruct the
same when such reconstruction is determined to be necessary to accommodate such use. If such maintenance or
reconstruction cannot be so provided or if the Secretary determines that maintenance or reconstruction by a user
would not be practical, then the Secretary may require that sufficient funds be deposited by the user to provide his
portion of such total maintenance or reconstruction. Deposits made to cover the maintenance or reconstruction of
roads are hereby made available until expended to cover the cost to the United States of accomplishing the purposes
for which deposited: Provided, That deposits received for work on adjacent and overlapping areas may be combined
when it is the most practicable and efficient manner of performing the work, and cost thereof may be determined by

estimates: And provided further, That unexpended balances upon accomplishment of the purpose for which deposited
shall be transferred to miscellaneous receipts or refunded.
(d) Fund for user fees for delayed payment to grantor
Whenever the agreement under which the United States has obtained for the use of, or in connection with, the public
lands a right-of-way or easement for a road or an existing road or the right to use an existing road provides for delayed
payments to the Government's grantor, any fees or other collections received by the Secretary for the use of the road
may be placed in a fund to be available for making payments to the grantor.
(Pub. L. 94–579, title V, §502, Oct. 21, 1976, 90 Stat. 2777.)

§1763. Right-of-way corridors; criteria and procedures applicable for designation
In order to minimize adverse environmental impacts and the proliferation of separate rights-of-way, the utilization of
rights-of-way in common shall be required to the extent practical, and each right-of-way or permit shall reserve to the
Secretary concerned the right to grant additional rights-of-way or permits for compatible uses on or adjacent to rightsof-way granted pursuant to this Act. In designating right-of-way corridors and in determining whether to require that
rights-of-way be confined to them, the Secretary concerned shall take into consideration national and State land use
policies, environmental quality, economic efficiency, national security, safety, and good engineering and technological
practices. The Secretary concerned shall issue regulations containing the criteria and procedures he will use in
designating such corridors. Any existing transportation and utility corridors may be designated as transportation and
utility corridors pursuant to this subsection without further review.
(Pub. L. 94–579, title V, §503, Oct. 21, 1976, 90 Stat. 2778.)
Editorial Notes

References in Text
This Act, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land
Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.
Executive Documents

Transfer of Functions
Enforcement functions of Secretary or other official in Department of Agriculture, insofar as they involve
lands and programs under jurisdiction of that Department, related to compliance with land use permits for
other associated land uses issued under sections 1761, and 1763 to 1771 of this title, and such 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 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, §§102(e), (f), 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.

§1764. General requirements
(a) Boundary specifications; criteria; temporary use of additional lands
The Secretary concerned shall specify the boundaries of each right-of-way as precisely as is practical. Each right-ofway shall be limited to the ground which the Secretary concerned determines (1) will be occupied by facilities which
constitute the project for which the right-of-way is granted, issued, or renewed, (2) to be necessary for the operation or
maintenance of the project, (3) to be necessary to protect the public safety, and (4) will do no unnecessary damage to
the environment. The Secretary concerned may authorize the temporary use of such additional lands as he determines
to be reasonably necessary for the construction, operation, maintenance, or termination of the project or a portion
thereof, or for access thereto.

(b) Terms and conditions of right-of-way or permit
Each right-of-way or permit granted, issued, or renewed pursuant to this section shall be limited to a reasonable term
in light of all circumstances concerning the project. In determining the duration of a right-of-way the Secretary
concerned shall, among other things, take into consideration the cost of the facility, its useful life, and any public
purpose it serves. The right-of-way shall specify whether it is or is not renewable and the terms and conditions
applicable to the renewal.
(c) Applicability of regulations or stipulations
Rights-of-way shall be granted, issued, or renewed pursuant to this subchapter under such regulations or
stipulations, consistent with the provisions of this subchapter or any other applicable law, and shall also be subject to
such terms and conditions as the Secretary concerned may prescribe regarding extent, duration, survey, location,
construction, maintenance, transfer or assignment, and termination.
(d) Submission of plan of construction, operation, and rehabilitation by new project applicants; plan
requirements
The Secretary concerned prior to granting or issuing a right-of-way pursuant to this subchapter for a new project
which may have a significant impact on the environment, shall require the applicant to submit a plan of construction,
operation, and rehabilitation for such right-of-way which shall comply with stipulations or with regulations issued by that
Secretary, including the terms and conditions required under section 1765 of this title.
(e) Regulatory requirements for terms and conditions; revision and applicability of regulations
The Secretary concerned shall issue regulations with respect to the terms and conditions that will be included in
rights-of-way pursuant to section 1765 of this title. Such regulations shall be regularly revised as needed. Such
regulations shall be applicable to every right-of-way granted or issued pursuant to this subchapter and to any
subsequent renewal thereof, and may be applicable to rights-of-way not granted or issued, but renewed pursuant to
this subchapter.
(f) Removal or use of mineral and vegetative materials
Mineral and vegetative materials, including timber, within or without a right-of-way, may be used or disposed of in
connection with construction or other purposes only if authorization to remove or use such materials has been obtained
pursuant to applicable laws or for emergency repair work necessary for those rights-of-way authorized under section
1761(c) of this title.
(g) Rental payments; amount, waiver, etc.
The holder of a right-of-way shall pay in advance the fair market value thereof, as determined by the Secretary
granting, issuing, or renewing such right-of-way. The Secretary concerned may require either annual payment or a
payment covering more than one year at a time except that private individuals may make at their option either annual
payments or payments covering more than one year if the annual fee is greater than one hundred dollars. The
Secretary concerned may waive rentals where a right-of-way is granted, issued or renewed in consideration of a rightof-way conveyed to the United States in connection with a cooperative cost share program between the United States
and the holder. The Secretary concerned may, by regulation or prior to promulgation of such regulations, as a condition
of a right-of-way, require an applicant for or holder of a right-of-way to reimburse the United States for all reasonable
administrative and other costs incurred in processing an application for such right-of-way and in inspection and
monitoring of construction, operation, and termination of the facility pursuant to such right-of-way: Provided, however,
That the Secretary concerned need not secure reimbursement in any situation where there is in existence a
cooperative cost share right-of-way program between the United States and the holder of a right-of-way. Rights-of-way
may be granted, issued, or renewed to a Federal, State, or local government or any agency or instrumentality thereof,
to nonprofit associations or nonprofit corporations which are not themselves controlled or owned by profitmaking
corporations or business enterprises, or to a holder where he provides without or at reduced charges a valuable benefit
to the public or to the programs of the Secretary concerned, or to a holder in connection with the authorized use or
occupancy of Federal land for which the United States is already receiving compensation for such lesser charge,
including free use as the Secretary concerned finds equitable and in the public interest. Such rights-of-way issued at
less than fair market value are not assignable except with the approval of the Secretary issuing the right-of-way. The
moneys received for reimbursement of reasonable costs shall be deposited with the Treasury in a special account and
are hereby authorized to be appropriated and made available until expended. Rights-of-way shall be granted, issued,
or renewed, without rental fees, for electric or telephone facilities eligible for financing pursuant to the Rural
Electrification Act of 1936, as amended [7 U.S.C. 901 et seq.], determined without regard to any application
requirement under that Act, or any extensions from such facilities: Provided, That nothing in this sentence shall be
construed to affect the authority of the Secretary granting, issuing, or renewing the right-of-way to require
reimbursement of reasonable administrative and other costs pursuant to the second sentence of this subsection.
(h) Liability for damage or injury incurred by United States for use and occupancy of rights-of-way;
indemnification of United States; no-fault liability; amount of damages
(1) The Secretary concerned shall promulgate regulations specifying the extent to which holders of rights-of-way
under this subchapter shall be liable to the United States for damage or injury incurred by the United States caused by
the use and occupancy of the rights-of-way. The regulations shall also specify the extent to which such holders shall

indemnify or hold harmless the United States for liabilities, damages, or claims caused by their use and occupancy of
the rights-of-way.
(2) Any regulation or stipulation imposing liability without fault shall include a maximum limitation on damages
commensurate with the foreseeable risks or hazards presented. Any liability for damage or injury in excess of this
amount shall be determined by ordinary rules of negligence.
(i) Bond or security requirements
Where he deems it appropriate, the Secretary concerned may require a holder of a right-of-way to furnish a bond, or
other security, satisfactory to him to secure all or any of the obligations imposed by the terms and conditions of the
right-of-way or by any rule or regulation of the Secretary concerned.
(j) Criteria for grant, issue, or renewal of right-of-way
The Secretary concerned shall grant, issue, or renew a right-of-way under this subchapter only when he is satisfied
that the applicant has the technical and financial capability to construct the project for which the right-of-way is
requested, and in accord with the requirements of this subchapter.
(Pub. L. 94–579, title V, §504, Oct. 21, 1976, 90 Stat. 2778; Pub. L. 98–300, May 25, 1984, 98 Stat. 215; Pub. L. 99–
545, §2, Oct. 27, 1986, 100 Stat. 3048; Pub. L. 104–333, div. I, title X, §1032(a), Nov. 12, 1996, 110 Stat. 4239.)
Editorial Notes

References in Text
The Rural Electrification Act of 1936, referred to in subsec. (g), is act May 20, 1936, ch. 432, 49 Stat.
1363, which is classified generally to chapter 31 (§901 et seq.) of Title 7, Agriculture. For complete
classification of this Act to the Code, see section 901 of Title 7 and Tables.

Amendments
1996—Subsec. (g). Pub. L. 104–333 substituted "eligible for financing pursuant to the Rural Electrification
Act of 1936, as amended, determined without regard to any application requirement under that Act," for
"financed pursuant to the Rural Electrification Act of 1936, as amended,".
1986—Subsec. (f). Pub. L. 99–545, §2(1), inserted before the period at end "or for emergency repair
work necessary for those rights-of-way authorized under section 1761(c) of this title".
Subsec. (g). Pub. L. 99–545, §2(2), substituted "The holder of a right-of-way shall pay in advance the fair
market value thereof, as determined by the Secretary granting, issuing, or renewing such right-of-way.
The Secretary concerned may require either annual payment or a payment covering more than one year
at a time except that private individuals may make at their option either annual payments or payments
covering more than one year if the annual fee is greater than one hundred dollars. The Secretary
concerned may waive rentals where a right-of-way is granted, issued or renewed in consideration of a
right-of-way conveyed to the United States in connection with a cooperative cost share program between
the United States and the holder." for "The holder of a right-of-way shall pay annually in advance the fair
market value thereof as determined by the Secretary granting, issuing, or renewing such right-of-way:
Provided, That when the annual rental is less than $100, the Secretary concerned may require advance
payment for more than one year at a time: Provided further, That the Secretary concerned may waive
rentals where a right-of-way is granted, issued, or renewed in reciprocation for a right-of-way conveyed to
the United States in connection with a cooperative cost share program between the United States and
the holder."
1984—Subsec. (g). Pub. L. 98–300 inserted at end "Rights-of-way shall be granted, issued, or renewed,
without rental fees, for electric or telephone facilities financed pursuant to the Rural Electrification Act of
1936, as amended, or any extensions from such facilities: Provided, That nothing in this sentence shall be
construed to affect the authority of the Secretary granting, issuing, or renewing the right-of-way to require
reimbursement of reasonable administrative and other costs pursuant to the second sentence of this
subsection."
Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment
Pub. L. 104–333, div. I, title X, §1032(b), Nov. 12, 1996, 110 Stat. 4239, provided that: "The amendment
made by subsection (a) [amending this section] shall apply with respect to rights-of-way leases held on or
after the date of enactment of this Act [Nov. 12, 1996]."
Executive Documents

Transfer of Functions
See note set out under section 1763 of this title.

§1765. Terms and conditions
Each right-of-way shall contain—
(a) terms and conditions which will (i) carry out the purposes of this Act and rules and regulations issued
thereunder; (ii) minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the
environment; (iii) require compliance with applicable air and water quality standards established by or pursuant to
applicable Federal or State law; and (iv) require compliance with State standards for public health and safety,
environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way for similar
purposes if those standards are more stringent than applicable Federal standards; and
(b) such terms and conditions as the Secretary concerned deems necessary to (i) protect Federal property and
economic interests; (ii) manage efficiently the lands which are subject to the right-of-way or adjacent thereto and
protect the other lawful users of the lands adjacent to or traversed by such right-of-way; (iii) protect lives and
property; (iv) protect the interests of individuals living in the general area traversed by the right-of-way who rely on
the fish, wildlife, and other biotic resources of the area for subsistence purposes; (v) require location of the right-ofway along a route that will cause least damage to the environment, taking into consideration feasibility and other
relevant factors; and (vi) otherwise protect the public interest in the lands traversed by the right-of-way or adjacent
thereto.
(Pub. L. 94–579, title V, §505, Oct. 21, 1976, 90 Stat. 2780.)
Editorial Notes

References in Text
This Act, referred to in par. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal
Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.
Executive Documents

Transfer of Functions
See note set out under section 1763 of this title.

§1766. Suspension or termination; grounds; procedures applicable
Abandonment of a right-of-way or noncompliance with any provision of this subchapter condition of the right-of-way,
or applicable rule or regulation of the Secretary concerned may be grounds for suspension or termination of the rightof-way if, after due notice to the holder of the right-of-way and, and 1 with respect to easements, an appropriate
administrative proceeding pursuant to section 554 of title 5, the Secretary concerned determines that any such ground
exists and that suspension or termination is justified. No administrative proceeding shall be required where the right-ofway by its terms provides that it terminates on the occurrence of a fixed or agreed-upon condition, event, or time. If the
Secretary concerned determines that an immediate temporary suspension of activities within a right-of-way for violation
of its terms and conditions is necessary to protect public health or safety or the environment, he may abate such
activities prior to an administrative proceeding. Prior to commencing any proceeding to suspend or terminate a right-ofway the Secretary concerned shall give written notice to the holder of the grounds for such action and shall give the
holder a reasonable time to resume use of the right-of-way or to comply with this subchapter condition, rule, or
regulation as the case may be. Failure of the holder of the right-of-way to use the right-of-way for the purpose for which
it was granted, issued, or renewed, for any continuous five-year period, shall constitute a rebuttable presumption of
abandonment of the right-of-way except that where the failure of the holder to use the right-of-way for the purpose for
which it was granted, issued, or renewed for any continuous five-year period is due to circumstances not within the
holder's control, the Secretary concerned is not required to commence proceedings to suspend or terminate the rightof-way.
(Pub. L. 94–579, title V, §506, Oct. 21, 1976, 90 Stat. 2780.)
Executive Documents

Transfer of Functions

See note set out under section 1763 of this title.
1 So in original.

§1767. Rights-of-way for Federal departments and agencies
(a) The Secretary concerned may provide under applicable provisions of this subchapter for the use of any
department or agency of the United States a right-of-way over, upon, under or through the land administered by him,
subject to such terms and conditions as he may impose.
(b) Where a right-of-way has been reserved for the use of any department or agency of the United States, the
Secretary shall take no action to terminate, or otherwise limit, that use without the consent of the head of such
department or agency.
(Pub. L. 94–579, title V, §507, Oct. 21, 1976, 90 Stat. 2781.)
Executive Documents

Transfer of Functions
See note set out under section 1763 of this title.

§1768. Conveyance of lands covered by right-of-way; terms and conditions
If under applicable law the Secretary concerned decides to transfer out of Federal ownership any lands covered in
whole or in part by a right-of-way, including a right-of-way granted under the Act of November 16, 1973 (87 Stat. 576;
30 U.S.C. 185), the lands may be conveyed subject to the right-of-way; however, if the Secretary concerned
determines that retention of Federal control over the right-of-way is necessary to assure that the purposes of this
subchapter will be carried out, the terms and conditions of the right-of-way complied with, or the lands protected, he
shall (a) reserve to the United States that portion of the lands which lies within the boundaries of the right-of-way, or (b)
convey the lands, including that portion within the boundaries of the right-of-way, subject to the right-of-way and
reserving to the United States the right to enforce all or any of the terms and conditions of the right-of-way, including
the right to renew it or extend it upon its termination and to collect rents.
(Pub. L. 94–579, title V, §508, Oct. 21, 1976, 90 Stat. 2781.)
Editorial Notes

References in Text
Act of November 16, 1973, referred to in text, is Pub. L. 93–153, Nov. 16, 1973, 87 Stat. 576. For
complete classification of this Act to the Code, see Tables.
Executive Documents

Transfer of Functions
See note set out under section 1763 of this title.

§1769. Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way
for railroad and appurtenant communication facilities; applicability of existing
terms and conditions
(a) Nothing in this subchapter shall have the effect of terminating any right-of-way or right-of-use heretofore issued,
granted, or permitted. However, with the consent of the holder thereof, the Secretary concerned may cancel such a
right-of-way or right-of-use and in its stead issue a right-of-way pursuant to the provisions of this subchapter.
(b) When the Secretary concerned issues a right-of-way under this subchapter for a railroad and appurtenant
communication facilities in connection with a realinement of a railroad on lands under his jurisdiction by virtue of a
right-of-way granted by the United States, he may, when he considers it to be in the public interest and the lands
involved are not within an incorporated community and are of approximately equal value, notwithstanding the
provisions of this subchapter, provide in the new right-of-way the same terms and conditions as applied to the portion
of the existing right-of-way relinquished to the United States with respect to the payment of annual rental, duration of

the right-of-way, and the nature of the interest in lands granted. The Secretary concerned or his delegate shall take
final action upon all applications for the grant, issue, or renewal of rights-of-way under subsection (b) of this section no
later than six months after receipt from the applicant of all information required from the applicant by this subchapter.
(Pub. L. 94–579, title V, §509, Oct. 21, 1976, 90 Stat. 2781.)
Executive Documents

Transfer of Functions
See note set out under section 1763 of this title.

§1770. Applicability of provisions to other Federal laws
(a) Right-of-way
Effective on and after October 21, 1976, no right-of-way for the purposes listed in this subchapter shall be granted,
issued, or renewed over, upon, under, or through such lands except under and subject to the provisions, limitations,
and conditions of this subchapter: Provided, That nothing in this subchapter shall be construed as affecting or
modifying the provisions of sections 532 to 538 of title 16 and in the event of conflict with, or inconsistency between,
this subchapter and sections 532 to 538 of title 16, the latter shall prevail: Provided further, That nothing in this Act
should be construed as making it mandatory that, with respect to forest roads, the Secretary of Agriculture limit rightsof-way grants or their term of years or require disclosure pursuant to section 1761(b) of this title or impose any other
condition contemplated by this Act that is contrary to present practices of that Secretary under sections 532 to 538 of
title 16. Any pending application for a right-of-way under any other law on the effective date of this section shall be
considered as an application under this subchapter. The Secretary concerned may require the applicant to submit any
additional information he deems necessary to comply with the requirements of this subchapter.
(b) Highway use
Nothing in this subchapter shall be construed to preclude the use of lands covered by this subchapter for highway
purposes pursuant to sections 107 and 317 of title 23.
(c) Application of antitrust laws
(1) Nothing in this subchapter shall be construed as exempting any holder of a right-of-way issued under this
subchapter from any provision of the antitrust laws of the United States.
(2) For the purposes of this subsection, the term "antitrust laws" includes the Act of July 2, 1890 (26 Stat.1 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].
(Pub. L. 94–579, title V, §510, Oct. 21, 1976, 90 Stat. 2782.)
Editorial Notes

References in Text
This Act, referred to in subsec. (a), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal
Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.
The effective date of this section, referred to in subsec. (a), probably means the date of enactment of
this section by Pub. L. 94–579, which was approved Oct. 21, 1976.
Act of July 2, 1890, referred to in subsec. (c)(2), is act July 2, 1890, ch. 647, 26 Stat. 209, known as the
Sherman Act, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete
classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.
Act of October 15, 1914, referred to in subsec. (c)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, known
as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 21, and 22 to 27 of Title 15, and
sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code,
see References in Text note set out under section 12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in subsec. (c)(2), is act Sept. 26, 1914, ch. 311, 38 Stat.
717, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15. For complete
classification of this Act to the Code, see section 58 of Title 15 and Tables.
Sections 73 and 74 of the Act of August 27, 1894, referred to in subsec. (c), are sections 73 and 74 of
act Aug. 27, 1894, ch. 349, 28 Stat. 570, which are classified to sections 8 and 9 of Title 15.
Executive Documents

Transfer of Functions
See note set out under section 1763 of this title.
1 So in original. Probably should be followed by "209".

§1771. Coordination of applications
Applicants before Federal departments and agencies other than the Department of the Interior or Agriculture seeking
a license, certificate, or other authority for a project which involve a right-of-way over, upon, under, or through public
land or National Forest System lands must simultaneously apply to the Secretary concerned for the appropriate
authority to use public lands or National Forest System lands and submit to the Secretary concerned all information
furnished to the other Federal department or agency.
(Pub. L. 94–579, title V, §511, Oct. 21, 1976, 90 Stat. 2782.)
Executive Documents

Transfer of Functions
See note set out under section 1763 of this title.

§1772. Vegetation managment,1 facility inspection, and operation and maintenance
relating to electric transmission and distribution facility rights of way
(a) Definitions
In this section:
(1) Hazard tree
The term "hazard tree" means any tree or part thereof (whether located inside or outside a right-of-way) that has
been designated, prior to tree failure, by a certified or licensed arborist or forester under the supervision of the
Secretary concerned or the owner or operator of a transmission or distribution facility to be—
(A) dead, likely to die within the routine vegetation management cycle, or likely to fail within the routine
vegetation management cycle; and
(B) if the tree or part of the tree failed, likely to—
(i) cause substantial damage or disruption to a transmission or distribution facility; or
(ii) come within 10 feet of an electric power line.
(2) Owner; operator
The terms "owner" and "operator" include contractors or other agents engaged by the owner or operator of an
electric transmission or distribution facility.
(3) Plan
The term "plan" means a vegetation management, facility inspection, and operation and maintenance plan that—
(A) is prepared by the owner or operator of 1 or more electric transmission or distribution facilities to cover 1 or
more electric transmission and distribution rights-of-way; and
(B) provides for the long-term, cost-effective, efficient, and timely management of facilities and vegetation within
the width of the right-of-way and abutting Federal land, including hazard trees, to enhance electric reliability,
promote public safety, and avoid fire hazards.
(4) Secretary concerned
The term "Secretary concerned" means—
(A) the Secretary, with respect to public lands; and
(B) the Secretary of Agriculture, with respect to National Forest System land.
(b) Guidance
(1) In general
To enhance the reliability of the electric grid and reduce the threat of wildfire damage to, and wildfire caused by
vegetation-related conditions within, electric transmission and distribution rights-of-way and abutting Federal land,
including hazard trees, the Secretary concerned shall issue and periodically update guidance to ensure that
provisions are appropriately developed and implemented for utility vegetation management, facility inspection, and
operation and maintenance of rights-of-way, regardless of the means by which the rights-of-way are established
(including by grant, special use authorization, and easement).

(2) Limitation
The guidance issued under paragraph (1) shall be compatible with mandatory reliability standards established by
the Electric Reliability Organization.
(3) Considerations
The guidance issued under paragraph (1) shall take into account—
(A) all applicable law, including fire safety and electric system reliability requirements (including reliability
standards established by the Electric Reliability Organization under section 824o of title 16); and
(B) the Memorandum of Understanding on Vegetation Management for Powerline Rights-of-Way between the
Edison Electric Institute, Utility Arborist Association, the Department of the Interior, the Department of Agriculture,
and the Environmental Protection Agency signed in 2016.
(4) Requirements
The guidance issued under paragraph (1) shall—
(A) be developed in consultation with the owners of transmission and distribution facilities that hold rights-ofway;
(B) seek to minimize the need for case-by-case approvals for—
(i) routine vegetation management, facility inspection, and operation and maintenance activities; and
(ii) utility vegetation management activities that are necessary to control hazard trees; and
(C) provide for prompt and timely review of requests to conduct vegetation management activities that require
approval of the Secretary concerned, especially activities requiring expedited or immediate action.
(c) Vegetation management, facility inspection, and operation and maintenance plans
(1) Development and submission
Consistent with subsection (b), the Secretary concerned shall provide owners and operators of electric
transmission or distribution facilities located on public lands and National Forest System land, as applicable, with the
option to develop and submit a plan.
(2) ERO standards
Owners and operators subject to mandatory reliability standards established by the Electric Reliability
Organization (or superseding standards) may use those standards as part of the plan.
(3) Plan requirements
A plan developed under paragraph (1) shall—
(A) identify the applicable transmission or distribution facilities to be maintained;
(B) take into account operations and maintenance plans for the applicable transmission or distribution line;
(C) describe the vegetation management, inspection, and operation and maintenance methods that may be
used to comply with all applicable law, including fire safety requirements and reliability standards established by
the Electric Reliability Organization;
(D) include schedules for—
(i) the applicable owner or operator to notify the Secretary concerned about routine and major maintenance;
(ii) the applicable owner or operator to request approval from the Secretary concerned about undertaking
routine and major maintenance; and
(iii) the Secretary concerned to respond to a request by an owner or operator under clause (ii); and
(E) describe processes for—
(i) identifying changes in conditions; and
(ii) modifying the approved plan, if necessary.
(4) Review and approval process
(A) In general
The Secretary concerned shall jointly develop a consolidated and coordinated process for the review and
approval of plans submitted under paragraph (1) that—
(i) includes timelines and benchmarks for—
(I) the submission of agency comments on the plans and schedules for final decision; and
(II) the timely review of modifications of the plans in cases in which modifications are necessary;
(ii) is consistent with applicable law; and 1
(iii) includes a process for modifications to a plan in a prompt manner if changed conditions necessitate a
modification to a plan; and
(iv) ensures, to the maximum extent practicable, a prompt review and approval process not to exceed 120
days.
(B) Plan modification

Upon reasonable advance notice to an owner or operator of an electric transmission or distribution facility of any
changed conditions that warrant a modification to a plan, the Secretary concerned shall—
(i) provide an opportunity for the owner or operator to submit a proposed plan modification, consistent with the
process described under subparagraph (A)(iii), to address the changed condition identified by the Secretary
concerned;
(ii) consider the proposed plan modification consistent with the process described under paragraph (4)(A);
and
(iii) allow the owner or operator to continue to implement any element of the approved plan that does not
directly and adversely affect the condition precipitating the need for modification.
(5) Categories of actions not requiring environmental analysis
With respect to the development and approval of plans submitted under paragraph (1), as well as with respect to
actions carried out under such plans, the Secretary concerned shall identify categories of actions for which neither
an environmental impact statement nor an environmental assessment shall be required under section 1508.4 of title
40, Code of Federal Regulations (or a successor regulation).
(d) Certain owners and operators
(1) In general
The owner or operator of an electric transmission or distribution facility that is not subject to the mandatory
reliability standards established by the Electric Reliability Organization or that sold less than or equal to 1,000,000
megawatt hours of electric energy for purposes other than resale during each of the 3 calendar years immediately
preceding March 23, 2018, may enter into an agreement with the Secretary concerned in lieu of a plan under
subsection (c).
(2) Minimum requirements
The Secretary concerned shall ensure that the minimum requirements for an agreement under paragraph (1)—
(A) reflect the relative financial resources of the applicable owner or operator compared to other owners or
operators of an electric transmission or distribution facility;
(B) include schedules as described in subsection (c)(3)(D);
(C) are subject to modification requirements as described in subsection (c)(4)(B); and
(D) comply with applicable law.
(e) Emergency conditions
If vegetation or hazard trees have contacted or present an imminent danger of contacting an electric transmission or
distribution line from within or adjacent to an electric transmission or distribution right-of-way, the owner or operator of
the electric transmission or distribution lines—
(1) may prune or remove the vegetation or hazard tree—
(A) to avoid the disruption of electric service; and
(B) to eliminate immediate fire and safety hazards; and
(2) shall notify the appropriate local agent of the Secretary concerned not later than 1 day after the date of the
response to emergency conditions.
(f) Activities that require approval
(1) In general
Except as provided under paragraph (3), the owner or operator of an electric transmission or distribution facility
may conduct vegetation management activities that require approval of the Secretary concerned in accordance with
a plan approved under subsection (c) or an agreement entered into under subsection (d) only with the approval of
the Secretary concerned.
(2) Requirement to respond
The Secretary concerned shall respond to a request for approval to conduct vegetation management activities in
accordance with the applicable schedules in a plan approved under subsection (c) or an agreement entered into
under subsection (d).
(3) Authorized activities
The owner or operator of an electric transmission or distribution facility may conduct vegetation management
activities that require approval of the Secretary concerned in accordance with a plan approved under subsection (c)
or an agreement entered into under subsection (d) without the approval of the Secretary concerned if—
(A) the owner or operator submitted a request to the Secretary concerned in accordance with the applicable
schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d);
(B) the vegetation management activities, including the removal of hazard trees, proposed in the request under
subparagraph (A) are in accordance with a plan approved under subsection (c) or an agreement entered into
under subsection (d); and
(C) the Secretary concerned fails to respond to the request under subparagraph (A) in accordance with the
applicable schedule in a plan approved under subsection (c) or an agreement entered into under subsection (d).

(g) Liability
(1) In general
The Secretary concerned shall not impose strict liability for damages or injury resulting from—
(A) the Secretary concerned unreasonably withholding or delaying—
(i) approval of a plan under subsection (c); or
(ii) entrance into an agreement under subsection (d); or
(B) the Secretary concerned unreasonably failing to adhere to an applicable schedule in a plan approved under
subsection (c) or an agreement entered into under subsection (d).
(2) Damages
For the period ending 10 years after March 23, 2018, the Secretary concerned shall not impose strict liability in an
amount greater than $500,000 per incident for damages or injury resulting from activities conducted by an owner or
operator in accordance with an approved agreement under subsection (d).
(3) Rule of construction
Nothing in paragraph (2) shall be construed to effect 1 any liability imposed by the Secretary concerned under
section 251.56(d) of title 36, Code of Federal Regulations (as in effect on March 23, 2018) and section 2807.12 of
title 43, Code of Federal Regulations (as in effect on March 23, 2018), for activities conducted by an owner or
operator in accordance with an approved plan under subsection (c).
(h) Reporting requirement
(1) Activities that require approval
The Secretary concerned shall report requests and actions made under subsection (f) annually on the website of
the Secretary concerned.
(2) Liability
Not later than four years after March 23, 2018, the Secretary concerned shall prepare and submit a report to the
Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate that describes the effect on the Treasury of the strict liability limitation established by
subsection (g)(2).
(i) Training and guidance
In consultation with the electric utility industry, the Secretary concerned is encouraged to develop a program to train
personnel of the Department of the Interior and the Forest Service involved in vegetation management decisions
relating to electric transmission and distribution facilities to ensure that the personnel—
(1) understand electric system reliability requirements as the requirements relate to vegetation management of
transmission and distribution rights-of-way on Federal land, including reliability standards established by the Electric
Reliability Organization and fire safety requirements;
(2) assist owners and operators of electric transmission and distribution facilities in complying with applicable
electric reliability and fire safety requirements;
(3) encourage and assist willing owners and operators of electric transmission and distribution facilities to
incorporate on a voluntary basis vegetation management practices to enhance habitats and forage for pollinators
and for other wildlife if the practices are compatible with the integrated vegetation management practices necessary
for reliability and safety; and
(4) understand how existing and emerging unmanned technologies can help electric utilities, the Federal
Government, State and local governments, and private landowners—
(A) to more efficiently identify vegetation management needs;
(B) to reduce the risk of wildfires; and
(C) to lower ratepayer energy costs.
(j) Implementation
The Secretary concerned shall—
(1) not later than 1 year after March 23, 2018, propose regulations, or amend existing regulations, to implement
this section; and
(2) not later than 2 years after March 23, 2018, finalize regulations, or amend existing regulations, to implement
this section.
(k) Existing vegetation management, facility inspection, and operation and maintenance plans
Nothing in this section requires an owner or operator to develop and submit a new plan under this section if a plan
consistent with this section has already been approved by the Secretary concerned before March 23, 2018.
(Pub. L. 94–579, title V, §512, as added Pub. L. 115–141, div. O, title II, §211(a), Mar. 23, 2018, 132 Stat. 1068.)
Statutory Notes and Related Subsidiaries

Utility Infrastructure Rights-of-Way Vegetation Management Pilot Program
Pub. L. 115–334, title VIII, §8630, Dec. 20, 2018, 132 Stat. 4865, provided that:
"(a) Definitions.—In this section:
"(1) National forest system land.—
"(A) In general.—The term 'National Forest System land' means land within the National

Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)).
"(B) Exclusions.—The term 'National Forest System land' does not include—
"(i) a National Grassland; or
"(ii) a land utilization project on land designated as a National Grassland and
administered pursuant to sections 31, 32, and 33 of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010, 1011, 1012).
"(2) Passing wildfire.—The term 'passing wildfire' means a wildfire that originates outside of a
right-of-way.
"(3) Pilot program.—The term 'pilot program' means the pilot program established by the
Secretary [of Agriculture] under subsection (b).
"(4) Right-of-way.—The term 'right-of-way' means a special use authorization issued by the Forest
Service allowing the placement of utility infrastructure.
"(5) Utility infrastructure.—The term 'utility infrastructure' means electric transmission lines,
natural gas infrastructure, or related structures.
"(b) Establishment.—
"(1) In general.—To encourage owners or operators of rights-of-way on National Forest System
land to partner with the Forest Service to voluntarily conduct vegetation management projects on a
proactive basis to better protect utility infrastructure from potential passing wildfires, the Secretary may
establish a limited, voluntary pilot program, in the manner described in this section, to conduct
vegetation management projects on National Forest System land adjacent to those rights-of-way.
"(2) Application.—The pilot program shall not apply in a right-of-way described in paragraph (1).
"(c) Eligible Participants.—
"(1) In general.—A participant in the pilot program shall be the owner or operator of a right-of-way
on National Forest System land.
"(2) Selection priority.—In selecting participants for the pilot program, the Secretary shall give
priority to an owner or operator of a right-of-way that has developed the utility infrastructure protection
prescriptions of the owner or operator in coordination with Forest Service fire scientists or fire
managers.
"(d) Vegetation Management Projects.—
"(1) In general.—A vegetation management project conducted under the pilot program shall
involve only limited vegetation management activities that—
"(A) shall create the least ground disturbance and least disturbance to wildlife reasonably
necessary to protect utility infrastructure from passing wildfires based on applicable models,
including Forest Service fuel models;
"(B) may include thinning and treatment of surface fuels, ladder fuels, and activity fuels to
create or maintain shaded fuel breaks or other appropriate measures recommended by Forest
Service fire scientists or fire managers;
"(C)(i) shall only be conducted on National Forest System land; and
"(ii) shall not—
"(I) extend for more than 150 feet from the electric transmission line for which the
applicable participant has a right-of-way; or
"(II) comprise an overall width, for both sides of that electric transmission line, that totals
more than 200 feet; and
"(D) shall not be conducted on—
"(i) a component of the National Wilderness Preservation System;
"(ii) a designated wilderness study area;
"(iii) an inventoried roadless area; or
"(iv) Federal land on which, by Act of Congress or Presidential proclamation, the removal
of vegetation is restricted or prohibited.
"(2) Approval.—Each vegetation management project described in paragraph (1) shall be subject
to approval by the Forest Service in accordance with this section.
"(3) Fire prevention.—In carrying out a vegetation management project under the pilot program, a
participant shall adhere to—
"(A) Forest Service regulations relating to spark arresting devices;

"(B) Forest Service regulations limiting and prohibiting certain activities conducted by
contractors in an area, based on weather conditions and fire danger;
"(C) Forest Service regulations that apply to contractors removing vegetation on National
Forest System land pursuant to a timber sale or stewardship contract, including regulations relating
to—
"(i) protection of residual trees and timber damaged by contractors;
"(ii) protection measures needed for plants, animals, cultural resources, and cave
resources;
"(iii) streamcourse protection and erosion control;
"(iv) fire plans, precautions, and precautionary periods;
"(v) fire suppression costs; and
"(vi) employment of eligible workers; and
"(D) State regulations relating to the prevention of wildfires and contractors removing
vegetation.
"(4) Treatment of slash.—In carrying out a vegetation management project under the pilot
program, a participant shall treat any activity fuels in a manner that—
"(A) is satisfactory to the Forest Service;
"(B) does not result in a fire hazard; and
"(C) reduces the risk of an insect or disease outbreak.
"(e) Project Costs.—
"(1) In general.—Except as provided in paragraph (2) and subsection (f)(2), a participant in the
pilot program shall be responsible for all costs, as determined by the Secretary, incurred in participating
in the pilot program.
"(2) Federal funding.—The Secretary may contribute funds for a vegetation management project
conducted under the pilot program if the Secretary determines that the contribution is in the public
interest.
"(f) Liability.—
"(1) Activities within rights-of-way.—Participation in the pilot program shall not affect any legal
obligations or liability standards that arise under the right-of-way for activities in the right-of-way.
"(2) Wildfires.—
"(A) Operations fires.—
"(i) In general.—With respect to fire suppression costs for a wildfire caused by the
operations of a participant in the pilot program (other than an operation or activity of a participant
described in subparagraph (B) or (C)), the participant shall reimburse the Forest Service for those
costs, subject to a maximum dollar amount to which the Forest Service and the participant shall
agree prior to the commencement of the project.
"(ii) Credit for actions by participants.—
     "(I) In general.—If a participant in the pilot program provides actions, supplies, or equipment for use to
suppress a wildfire described in clause (i) or at the request of the Forest Service, the cost of
those actions, supplies, or equipment shall be credited toward the maximum dollar amount
described in that clause.
     "(II) Reimbursement.—If the actual cost of a participant described in subclause (I) exceeds the
maximum dollar amount described in clause (i), the Forest Service shall reimburse the
participant for the excess.
"(B) Negligent fires.—
"(i) In general.—Subject to clause (ii), if a wildfire is caused by the negligence of a
participant in the pilot program, or an agent of the participant, including a wildfire caused by
smoking by persons engaged in the operations of the participant, the participant shall bear the cost
of damages to Forest Service resources and the fire suppression costs resulting from the wildfire.
"(ii) Limitation.—Except as provided in clause (iii), the costs borne by a participant under
clause (i) shall not exceed $500,000.
"(iii) Failure to comply.—If the start or spread of a wildfire described in clause (i) is
caused by the failure of the participant to comply with specific safety requirements expressly
imposed by the Forest Service as a condition of conducting a vegetation management project
under the pilot program or by this section, the participant shall bear the cost of damages to Forest
Service resources and the fire suppression costs resulting from the wildfire.
"(C) Exceptions.—This paragraph shall not apply in the case of a wildfire caused by the felling
of a tree by a participant in the pilot program, or an agent of the participant, onto an electric
transmission line.
"(3) Effect.—Nothing in this subsection relieves a participant in the pilot program of any liabilities
to which the participant is subject—

"(A) under State laws; or
"(B) with regard to damages to property other than Forest Service property.

"(g) Implementation.—
"(1) In general.—Except as provided in paragraph (3), the Secretary shall use the authority of the
Secretary under other laws (including regulations) to carry out the pilot program.
"(2) Compliance with existing laws.—Except as provided in paragraph (3), a vegetation
management project under the pilot program shall be—
"(A) consistent with the applicable land management plan for the area in which the project is
located; and
"(B) carried out in accordance with all applicable laws, including the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
"(3) Modification of regulations.—In order to implement the pilot program in an efficient and
expeditious manner, the Secretary may waive or modify specific provisions of the Federal Acquisition
Regulation, including waivers or modifications to allow for the formation of contracts or agreements on
a noncompetitive basis.
"(h) Treatment of Proceeds.—Notwithstanding any other provision of law, the Secretary may—
"(1) retain any funds provided to the Forest Service by a participant in the pilot program; and
"(2) use funds retained under paragraph (1), in such amounts as may be appropriated, to carry out
the pilot program.
"(i) Report to Congress.—Not later than December 31, 2020, and 2 years thereafter, the Secretary
shall submit a report describing the status of the pilot program and vegetation management projects
conducted under the pilot program to—
"(1) the Committees on Agriculture, Nutrition, and Forestry and Energy and Natural Resources of
the Senate; and
"(2) the Committees on Agriculture and Natural Resources of the House of Representatives.
"(j) Duration.—The authority to carry out the pilot program, including any vegetation management
project conducted under the pilot program, expires on October 1, 2023."
1 So in original. Probably should be "management,".
1 So in original.

SUBCHAPTER VI—DESIGNATED MANAGEMENT AREAS

§1781. California Desert Conservation Area
(a) Congressional findings
The Congress finds that—
(1) the California desert contains historical, scenic, archeological, environmental, biological, cultural, scientific,
educational, recreational, and economic resources that are uniquely located adjacent to an area of large population;
(2) the California desert environment is a total ecosystem that is extremely fragile, easily scarred, and slowly
healed;
(3) the California desert environment and its resources, including certain rare and endangered species of wildlife,
plants, and fishes, and numerous archeological and historic sites, are seriously threatened by air pollution,
inadequate Federal management authority, and pressures of increased use, particularly recreational use, which are
certain to intensify because of the rapidly growing population of southern California;
(4) the use of all California desert resources can and should be provided for in a multiple use and sustained yield
management plant 1 to conserve these resources for future generations, and to provide present and future use and
enjoyment, particularly outdoor recreation uses, including the use, where appropriate, of off-road recreational
vehicles;
(5) the Secretary has initiated a comprehensive planning process and established an interim management
program for the public lands in the California desert; and
(6) to insure further study of the relationship of man and the California desert environment, preserve the unique
and irreplaceable resources, including archeological values, and conserve the use of the economic resources of the
California desert, the public must be provided more opportunity to participate in such planning and management,
and additional management authority must be provided to the Secretary to facilitate effective implementation of such
planning and management.
(b) Statement of purpose

It is the purpose of this section to provide for the immediate and future protection and administration of the public
lands in the California desert within the framework of a program of multiple use and sustained yield, and the
maintenance of environmental quality.
(c) Description of Area
(1) For the purpose of this section, the term "California desert" means the area generally depicted on a map entitled
"California Desert Conservation Area—Proposed" dated April 1974, and described as provided in subsection (c)(2).
(2) As soon as practicable after October 21, 1976, the Secretary shall file a revised map and a legal description of
the California Desert Conservation Area with the Committees on Interior and Insular Affairs of the United States Senate
and the House of Representatives, and such map and description shall have the same force and effect as if included in
this Act. Correction of clerical and typographical errors in such legal description and a map may be made by the
Secretary. To the extent practicable, the Secretary shall make such legal description and map available to the public
promptly upon request.
(d) Preparation and implementation of comprehensive long-range plan for management, use, etc.
The Secretary, in accordance with section 1712 of this title, shall prepare and implement a comprehensive, longrange plan for the management, use, development, and protection of the public lands within the California Desert
Conservation Area. Such plan shall take into account the principles of multiple use and sustained yield in providing for
resource use and development, including, but not limited to, maintenance of environmental quality, rights-of-way, and
mineral development. Such plan shall be completed and implementation thereof initiated on or before September 30,
1980.
(e) Interim program for management, use, etc.
During the period beginning on October 21, 1976, and ending on the effective date of implementation of the
comprehensive, long-range plan, the Secretary shall execute an interim program to manage, use, and protect the
public lands, and their resources now in danger of destruction, in the California Desert Conservation Area, to provide
for the public use of such lands in an orderly and reasonable manner such as through the development of
campgrounds and visitor centers, and to provide for a uniformed desert ranger force.
(f) Applicability of mining laws
Subject to valid existing rights, nothing in this Act shall affect the applicability of the United States mining laws on the
public lands within the California Desert Conservation Area, except that all mining claims located on public lands within
the California Desert Conservation Area shall be subject to such reasonable regulations as the Secretary may
prescribe to effectuate the purposes of this section. Any patent issued on any such mining claim shall recite this
limitation and continue to be subject to such regulations. Such regulations shall provide for such measures as may be
reasonable to protect the scenic, scientific, and environmental values of the public lands of the California Desert
Conservation Area against undue impairment, and to assure against pollution of the streams and waters within the
California Desert Conservation Area.
(g) Advisory Committee; establishment; functions
(1) The Secretary, within sixty days after October 21, 1976, shall establish a California Desert Conservation Area
Advisory Committee (hereinafter referred to as "advisory committee") in accordance with the provisions of section 1739
of this title.
(2) It shall be the function of the advisory committee to advise the Secretary with respect to the preparation and
implementation of the comprehensive, long-range plan required under subsection (d) of this section.
(h) Management of lands under jurisdiction of Secretary of Agriculture and Secretary of Defense
The Secretary of Agriculture and the Secretary of Defense shall manage lands within their respective jurisdictions
located in or adjacent to the California Desert Conservation Area, in accordance with the laws relating to such lands
and wherever practicable, in a manner consonant with the purpose of this section. The Secretary, the Secretary of
Agriculture, and the Secretary of Defense are authorized and directed to consult among themselves and take
cooperative actions to carry out the provisions of this subsection, including a program of law enforcement in
accordance with applicable authorities to protect the archeological and other values of the California Desert
Conservation Area and adjacent lands.
(i) Omitted
(j) Authorization of appropriations
There are authorized to be appropriated for fiscal years 1977 through 1981 not to exceed $40,000,000 for the
purpose of this section, such amount to remain available until expended.
(Pub. L. 94–579, title VI, §601, Oct. 21, 1976, 90 Stat. 2782.)
Editorial Notes

References in Text

This Act, referred to in subsecs. (c)(2) and (f), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as
the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code,
see Tables.

Codification
Subsec. (i) of this section, which required the Secretary to report annually to Congress on the progress
in, and any problems concerning, the implementation of this section, terminated, effective May 15, 2000,
pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31,
Money and Finance. See, also, the last item on page 107 of House Document No. 103–7.
Statutory Notes and Related Subsidiaries

Change of Name
Committee on Interior and Insular Affairs of the Senate, referred to in subsec. (c)(2), abolished and
replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See
Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as
the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.
Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on
Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One
Hundred Third Congress.

Desert Lily Sanctuary
Pub. L. 103–433, title I, §107, Oct. 31, 1994, 108 Stat. 4483, provided that:
"(a) Designation.—There is hereby established the Desert Lily Sanctuary within the California Desert

Conservation Area, California, of the Bureau of Land Management, comprising approximately two
thousand forty acres, as generally depicted on a map entitled 'Desert Lily Sanctuary', dated February
1986. The Secretary [of the Interior] shall administer the area to provide maximum protection to the
desert lily.
"(b) Withdrawal.—Subject to valid existing rights, all Federal lands within the Desert Lily Sanctuary are
hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from
location, entry, and patent under the United States mining laws; and from disposition under all laws
pertaining to mineral and geothermal leasing, and mineral materials, and all amendments thereto."

Dinosaur Trackway Area of Critical Environmental Concern
Pub. L. 103–433, title I, §108, Oct. 31, 1994, 108 Stat. 4483, provided that:
"(a) Designation.—There is hereby established the Dinosaur Trackway Area of Critical Environmental

Concern within the California Desert Conservation Area, of the Bureau of Land Management, comprising
approximately five hundred and ninety acres as generally depicted on a map entitled 'Dinosaur Trackway
Area of Critical Environmental Concern', dated July 1993. The Secretary [of the Interior] shall administer
the area to preserve the paleontological resources within the area.
"(b) Withdrawal.—Subject to valid existing rights, the Federal lands within and adjacent to the Dinosaur
Trackway Area of Critical Environmental Concern, as generally depicted on a map entitled 'Dinosaur
Trackway Mineral Withdrawal Area', dated July 1993, are hereby withdrawn from all forms of entry,
appropriation, or disposal under the public land laws; from location, entry, and patent under the United
States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and
mineral materials, and all amendments thereto."
1 So in original. Probably should be "plan".

§1781a. Acceptance of donation of certain existing permits or leases
(1) During fiscal year 2012 and thereafter, the Secretary of the Interior shall accept the donation of any valid existing
permits or leases authorizing grazing on public lands within the California Desert Conservation Area. With respect to
each permit or lease donated under this paragraph, the Secretary shall terminate the grazing permit or lease, ensure a
permanent end (except as provided in paragraph (2)), to grazing on the land covered by the permit or lease, and make
the land available for mitigation by allocating the forage to wildlife use consistent with any applicable Habitat
Conservation Plan, section 10(a)(1)(B) permit, or section 7 consultation under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).

(2) If the land covered by a permit or lease donated under paragraph (1) is also covered by another valid existing
permit or lease that is not donated under such paragraph, the Secretary of the Interior shall reduce the authorized
grazing level on the land covered by the permit or lease to reflect the donation of the permit or lease under paragraph
(1). To ensure that there is a permanent reduction in the level of grazing on the land covered by a permit or lease
donated under paragraph (1), the Secretary shall not allow grazing use to exceed the authorized level under the
remaining valid existing permit or lease that is not donated.
(Pub. L. 112–74, div. E, title I, §122(b), Dec. 23, 2011, 125 Stat. 1013.)
Editorial Notes

References in Text
The Endangered Species Act of 1973, referred to in par. (1), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat.
884, which is classified principally to chapter 35 (§1531 et seq.) of Title 16, Conservation. Sections 10(a)(1)(B)
and 7 of the Act are classified to sections 1539(a)(1)(B) and 1536, respectively, of Title 16. For complete
classification of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables.

Codification
Section was enacted as part of the Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2012, and also as part of the Consolidated Appropriations Act, 2012, and not as part
of the Federal Land Policy and Management Act of 1976 which comprises this chapter.

§1782. Bureau of Land Management Wilderness Study
(a) Lands subject to review and designation as wilderness
Within fifteen years after October 21, 1976, the Secretary shall review those roadless areas of five thousand acres or
more and roadless islands of the public lands, identified during the inventory required by section 1711(a) of this title as
having wilderness characteristics described in the Wilderness Act of September 3, 1964 (78 Stat. 890; 16 U.S.C. 1131
et seq.) and shall from time to time report to the President his recommendation as to the suitability or nonsuitability of
each such area or island for preservation as wilderness: Provided, That prior to any recommendations for the
designation of an area as wilderness the Secretary shall cause mineral surveys to be conducted by the United States
Geological Survey and the United States Bureau of Mines to determine the mineral values, if any, that may be present
in such areas: Provided further, That the Secretary shall report to the President by July 1, 1980, his recommendations
on those areas which the Secretary has prior to November 1, 1975, formally identified as natural or primitive areas.
The review required by this subsection shall be conducted in accordance with the procedure specified in section 3(d) of
the Wilderness Act [16 U.S.C. 1132(d)].
(b) Presidential recommendation for designation as wilderness
The President shall advise the President of the Senate and the Speaker of the House of Representatives of his
recommendations with respect to designation as wilderness of each such area, together with a map thereof and a
definition of its boundaries. Such advice by the President shall be given within two years of the receipt of each report
from the Secretary. A recommendation of the President for designation as wilderness shall become effective only if so
provided by an Act of Congress.
(c) Status of lands during period of review and determination
During the period of review of such areas and until Congress has determined otherwise, the Secretary shall continue
to manage such lands according to his authority under this Act and other applicable law in a manner so as not to impair
the suitability of such areas for preservation as wilderness, subject, however, to the continuation of existing mining and
grazing uses and mineral leasing in the manner and degree in which the same was being conducted on October 21,
1976: Provided, That, in managing the public lands the Secretary shall by regulation or otherwise take any action
required to prevent unnecessary or undue degradation of the lands and their resources or to afford environmental
protection. Unless previously withdrawn from appropriation under the mining laws, such lands shall continue to be
subject to such appropriation during the period of review unless withdrawn by the Secretary under the procedures of
section 1714 of this title for reasons other than preservation of their wilderness character. Once an area has been
designated for preservation as wilderness, the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.] which apply to
national forest wilderness areas shall apply with respect to the administration and use of such designated area,
including mineral surveys required by section 4(d)(2) of the Wilderness Act [16 U.S.C. 1133(d)(2)], and mineral
development, access, exchange of lands, and ingress and egress for mining claimants and occupants.
(Pub. L. 94–579, title VI, §603, Oct. 21, 1976, 90 Stat. 2785; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000;
Pub. L. 102–285, §10(b), May 18, 1992, 106 Stat. 172.)
Editorial Notes

References in Text
The Wilderness Act of September 3, 1964, referred to in subsecs. (a) and (c), is Pub. L. 88–577, Sept. 3,
1964, 78 Stat. 890, which is classified generally to chapter 23 (§1131 et seq.) of Title 16, Conservation. For
complete classification of this Act to the Code, see Short Title note set out under section 1131 of Title 16 and
Tables.
This Act, referred to in subsec. (c), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal
Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries

Change of Name
"United States Geological Survey" substituted for "Geological Survey" in subsec. (a) pursuant to
provision of title I of Pub. L. 102–154, set out as a note under section 31 of this title.
"United States Bureau of Mines" substituted for "Bureau of Mines" in subsec. (a) pursuant to section
10(b) of Pub. L. 102–285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. For
provisions relating to closure and transfer of functions of the United States Bureau of Mines, see note set
out under section 1 of Title 30.
Pub. L. 104–134, title I, §101(c) [title I], Apr. 26, 1996, 110 Stat. 1321–156, 1321-165; renumbered title I,
Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327, provided in part: "That the authority granted to the
United States Bureau of Mines to conduct mineral surveys and to determine mineral values by section
603 of Public Law 94–579 [43 U.S.C. 1782] is hereby transferred to, and vested in, the Director of the United
States Geological Survey."

§1783. Yaquina Head Outstanding Natural Area
(a) Establishment
In order to protect the unique scenic, scientific, educational, and recreational values of certain lands in and around
Yaquina Head, in Lincoln County, Oregon, there is hereby established, subject to valid existing rights, the Yaquina
Head Outstanding Natural Area (hereinafter referred to as the "area"). The boundaries of the area are those shown on
the map entitled "Yaquina Head Area", dated July 1979, which shall be on file and available for public inspection in the
Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State Office of
the Bureau of Land Management in the State of Oregon.
(b) Administration by Secretary of the Interior; management plan; quarrying permits
(1) The Secretary of the Interior (hereinafter referred to as the "Secretary") shall administer the Yaquina Head
Outstanding Natural Area in accordance with the laws and regulations applicable to the public lands as defined in
section 103(e) of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1702) [43 U.S.C.
1702(e)], in such a manner as will best provide for—
(A) the conservation and development of the scenic, natural, and historic values of the area;
(B) the continued use of the area for purposes of education, scientific study, and public recreation which do not
substantially impair the purposes for which the area is established; and
(C) protection of the wildlife habitat of the area.
(2) The Secretary shall develop a management plan for the area which accomplishes the purposes and is consistent
with the provisions of this section. This plan shall be developed in accordance with the provisions of section 202 of the
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1712).
(3) Notwithstanding any other provision of this section, the Secretary is authorized to issue permits or to contract for
the quarrying of materials from the area in accordance with the management plan for the area on condition that the
lands be reclaimed and restored to the satisfaction of the Secretary. Such authorization to quarry shall require payment
of fair market value for the materials to be quarried, as established by the Secretary, and shall also include any terms
and conditions which the Secretary determines necessary to protect the values of such quarry lands for purposes of
this section.
(c) Revocation of 1866 reservation of lands for lighthouse purposes; restoration to public lands status
The reservation of lands for lighthouse purposes made by Executive order of June 8, 1866, of certain lands totaling
approximately 18.1 acres, as depicted on the map referred to in subsection (a), is hereby revoked. The lands referred
to in subsection (a) 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), except that such lands are
hereby withdrawn from settlement, sale, location, or entry, under the public land laws, including the mining laws (30

U.S.C., ch. 2), leasing under the mineral leasing laws (30 U.S.C. 181 et seq.), and disposals under the Materials Act of
July 31, 1947, as amended (30 U.S.C. 601, 602) [43 U.S.C. 601 et seq.].
(d) Acquisition of lands not already in Federal ownership
The Secretary shall, as soon as possible but in no event later than twenty-four months following March 5, 1980,
acquire by purchase, exchange, donation, or condemnation all or any part of the lands and waters and interests in
lands and waters within the area referred to in subsection (a) which are not in Federal ownership except that State land
shall not be acquired by purchase or condemnation. Any lands or interests acquired by the Secretary pursuant to this
section shall become public lands as defined in the Federal Land Policy and Management Act of 1976, as amended
[43 U.S.C. 1701 et seq.]. Upon acquisition by the United States, such lands are automatically withdrawn under the
provisions of subsection (c) except that lands affected by quarrying operations in the area shall be subject to disposals
under the Materials Act of July 31, 1947, as amended (30 U.S.C. 601, 602) [30 U.S.C. 601 et seq.]. Any lands acquired
pursuant to this subsection shall be administered in accordance with the management plan for the area developed
pursuant to subsection (b).
(e) Wind energy research
The Secretary is authorized to conduct a study relating to the use of lands in the area for purposes of wind energy
research. If the Secretary determines after such study that the conduct of wind energy research activity will not
substantially impair the values of the lands in the area for purposes of this section, the Secretary is further authorized
to issue permits for the use of such lands as a site for installation and field testing of an experimental wind turbine
generating system. Any permit issued pursuant to this subsection shall contain such terms and conditions as the
Secretary determines necessary to protect the values of such lands for purposes of this section.
(f) Reclamation and restoration of lands affected by quarrying operations
The Secretary shall develop and administer, in addition to any requirements imposed pursuant to subsection (b)(3),
a program for the reclamation and restoration of all lands affected by quarrying operations in the area acquired
pursuant to subsection (d). All revenues received by the United States in connection with quarrying operations
authorized by subsection (b)(3) 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). After completion of such reclamation and
restoration to the satisfaction of the Secretary, any unexpended revenues in such fund shall be returned to the general
fund of the United States Treasury.
(g) Authorization of appropriations
There are hereby authorized to be appropriated in addition to that authorized by subsection (f), such sums as may
be necessary to carry out the provisions of this section.
(Pub. L. 96–199, title I, §119, Mar. 5, 1980, 94 Stat. 71.)
Editorial Notes

References in Text
The Materials Act of July 31, 1947, as amended (30 U.S.C. 601, 602), referred to in subsecs. (c) and (d),
is act July 31, 1947, ch. 406, 61 Stat. 681, which is classified generally to subchapter I (§601 et seq.) of
chapter 15 of Title 30. For complete classification of this Act to the Code, see Short Title note set out under
section 601 of Title 30 and Tables.
The Federal Land Policy and Management Act of 1976, as amended, referred to in subsec. (d), is Pub.
L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

Codification
Section was not enacted as part of the Federal Land Policy and Management Act of 1976 which
comprises this chapter.

§1784. Lands in Alaska; designation as wilderness; management by Bureau of
Land Management pending Congressional action
Notwithstanding any other provision of law, section 1782 of this title shall not apply to any lands in Alaska. However,
in carrying out his duties under sections 1711 and 1712 of this title and other applicable laws, the Secretary may
identify areas in Alaska which he determines are suitable as wilderness and may, from time to time, make
recommendations to the Congress for inclusion of any such areas in the National Wilderness Preservation System,
pursuant to the provisions of the Wilderness Act [16 U.S.C. 1131 et seq.]. In the absence of congressional action

relating to any such recommendation of the Secretary, the Bureau of Land Management shall manage all such areas
which are within its jurisdiction in accordance with the applicable land use plans and applicable provisions of law.
(Pub. L. 96–487, title XIII, §1320, Dec. 2, 1980, 94 Stat. 2487.)
Editorial Notes

References in Text
The Wilderness Act, referred to in text, is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classified
generally to chapter 23 (§1131 et seq.) of Title 16, Conservation. For complete classification of this Act to the
Code, see Short Title note set out under section 1131 of Title 16 and Tables.

Codification
Section was enacted as part of the Alaska National Interest Lands Conservation Act, and not as part of
the Federal Land Policy and Management Act of 1976 which comprises this chapter.
Statutory Notes and Related Subsidiaries

Kenai Natives Association Land Exchange
Pub. L. 104–333, div. I, title III, §311, Nov. 12, 1996, 110 Stat. 4139, as amended by Pub. L. 106–176, title I,
§105, Mar. 10, 2000, 114 Stat. 25, provided that:
"(a) Short Title.—This section may be cited as the 'Kenai Natives Association Equity Act Amendments
of 1996'.
"(b) Findings and Purpose.—
"(1) Findings.—The Congress finds the following:
"(A) The United States Fish and Wildlife Service and Kenai Natives Association, Inc., have
agreed to transfers of certain land rights, in and near the Kenai National Wildlife Refuge, negotiated
as directed by Public Law 102–458 [106 Stat. 2267].
"(B) The lands to be acquired by the Service are within the area impacted by the Exxon
Valdez oil spill of 1989, and these lands included important habitat for various species of fish and
wildlife for which significant injury resulting from the spill has been documented through the EVOS
Trustee Council restoration process. This analysis has indicated that these lands generally have
value for the restoration of such injured natural resources as pink salmon, dolly varden, bald eagles,
river otters, and cultural and archaeological resources. This analysis has also indicated that these
lands generally have high value for the restoration of injured species that rely on these natural
resources, including wilderness quality, recreation, tourism, and subsistence.
"(C) Restoration of the injured species will benefit from acquisition and the prevention of
disturbances which may adversely affect their recovery.
"(D) It is in the public interest to complete the conveyances provided for in this section.
"(2) Purpose.—The purpose of this section is to authorize and direct the Secretary, at the election
of KNA, to complete the conveyances provided for in this section.
"(c) Definitions.—For purposes of this section, the term—
"(1) 'ANCSA' means the Alaska Native Claims Settlement Act of 1971 (43 U.S.C. 1601 et seq.);
"(2) 'ANILCA' means the Alaska National Interest Lands Conservation Act (Public Law 96–487; 94
Stat. 2371 et seq. [see Short Title note set out under section 3101 of Title 16, Conservation]);
"(3) 'conservation system unit' has the same meaning as in section 102(4) of ANILCA (16 U.S.C.
3102(4));
"(4) 'CIRI' means the Cook Inlet Region, Inc., a Native Regional Corporation incorporated in the
State of Alaska pursuant to the terms of ANCSA;
"(5) 'EVOS' means the Exxon Valdez oil spill;
"(6) 'KNA' means the Kenai Natives Association, Inc., an urban corporation incorporated in the
State of Alaska pursuant to the terms of ANCSA;
"(7) 'lands' means any lands, waters, or interests therein;
"(8) 'Refuge' means the Kenai National Wildlife Refuge;
"(9) 'Secretary' means the Secretary of the Interior;
"(10) 'Service' means the United States Fish and Wildlife Service; and
"(11) 'Terms and Conditions' means the Terms and Conditions for Land Consolidation and
Management in the Cook Inlet Area, as clarified on August 31, 1976, ratified by section 12 of Public Law
94–204 (43 U.S.C. 1611 note).
"(d) Acquisition of Lands.—

"(1) Offer to kna.—
"(A) In general.—Subject to the availability of the funds identified in paragraph (2)(C), no later
than 90 days after the date of enactment of this section [Nov. 12, 1996], the Secretary shall offer to
convey to KNA the interests in land and rights set forth in paragraph (2)(B), subject to valid existing
rights, in return for the conveyance by KNA to the United States of the interests in land or
relinquishment of ANCSA selections set forth in paragraph (2)(A). Payment for the lands conveyed to
the United States by KNA is contingent upon KNA's acceptance of the entire conveyance outlined
herein.
"(B) Limitation.—The Secretary may not convey any lands or make payment to KNA under this
section unless title to the lands to be conveyed by KNA under this section has been found by the
United States to be sufficient in accordance with the provisions of section 355 of the Revised Statutes
(40 U.S.C. 255) [now 40 U.S.C. 3111, 3112].
"(2) Acquisition lands.—
"(A) Lands to be conveyed to the united states.—The lands to be conveyed by KNA to the
United States, or the valid selection rights under ANCSA to be relinquished, all situated within the
boundary of the Refuge, are the following:
"(i) The conveyance of approximately 803 acres located along and on islands within the
Kenai River, known as the Stephanka Tract.
"(ii) The conveyance of approximately 1,243 acres located along the Moose River, known
as the Moose River Patented Lands Tract.
"(iii) The relinquishment of KNA's selection known as the Moose River Selected Tract,
containing approximately 753 acres located along the Moose River.
"(iv) The relinquishment of KNA's remaining ANCSA entitlement of approximately 454
acres.
"(v) The relinquishment of all KNA's remaining overselections. Upon completion of all
relinquishments outlined above, all KNA's entitlement shall be deemed to be extinguished and the
completion of this acquisition will satisfy all of KNA's ANCSA entitlement.
"(vi) The conveyance of an access easement providing the United States and its assigns
access across KNA's surface estate in the SW¼ of section 21, T. 6 N., R. 9 W., Seward Meridian,
Alaska.
"(vii) The conveyance of approximately 100 acres within the Beaver Creek Patented
Tract, which is contiguous to lands being retained by the United States contiguous to the Beaver
Creek Patented Tract, in exchange for 280 acres of Service lands currently situated within the
Beaver Creek Selected Tract.
"(B) Lands to be conveyed to kna.—The rights provided or lands to be conveyed by the United
States to KNA, are the following:
"(i) The surface and subsurface estate to approximately 5 acres, subject to reservations
of easements for existing roads and utilities, located within the city of Kenai, Alaska, identified as
United States Survey 1435, withdrawn by Executive Order 2943 and known as the old Fish and
Wildlife Service Headquarters site.
"(ii) The remaining subsurface estate held by the United States to approximately 13,651
acres, including portions of the Beaver Creek Patented Tract, the Beaver Creek Selected Tract,
and portions of the Swanson River Road West Tract and the Swanson River Road East Tract,
where the surface was previously or will be conveyed to KNA pursuant to this Act but excluding the
SW¼ of section 21, T. 6 N., R. 9 W., Seward Meridian, Alaska, which will be retained by the United
States. The conveyance of these subsurface interests will be subject to the rights of CIRI to the
coal, oil, gas, and to all rights CIRI, its successors, and assigns would have under paragraph 1(B)
of the Terms and Conditions, including the right to sand and gravel, to construct facilities, to have
rights-of-way, and to otherwise develop it subsurface interests.
"(iii)(I) The nonexclusive right to use sand and gravel which is reasonably necessary for
on-site development without compensation or permit on those portions of the Swanson River Road
East Tract, comprising approximately 1,738.04 acres; where the entire subsurface of the land is
presently owned by the United States. The United States shall retain the ownership of all other
sand and gravel located within the subsurface and KNA shall not sell or dispose of such sand and
gravel.
"(II) The right to excavate within the subsurface estate as reasonably necessary for
structures, utilities, transportation systems, and other development of the surface estate.
"(iv) The nonexclusive right to excavate within the subsurface estate as reasonably
necessary for structures, utilities, transportation systems, and other development of the surface
estate on the SW¼, section 21, T. 6 N., R. 9 W., Seward Meridian, Alaska, where the entire
subsurface of the land is owned by the United States and which public lands shall continue to be

withdrawn from mining following their removal from the Refuge boundary under paragraph (3)(A)
(ii). The United States shall retain the ownership of all other sand and gravel located within the
subsurface of this parcel.
"(v) The surface estate of approximately 280 acres known as the Beaver Creek Selected
Tract. This tract shall be conveyed to KNA in exchange for lands conveyed to the United States as
described in paragraph (2)(A)(ii).
"(C) Payment.—The United States shall make a total cash payment to KNA for the abovedescribed lands of $4,443,000, contingent upon the appropriate approvals of the Federal or State of
Alaska EVOS Trustees (or both) necessary for any expenditure of the EVOS settlement funds.
"(D) National register of historic places.—Upon completion of the acquisition authorized in
paragraph (1), the Secretary shall, at no cost to KNA, in coordination with KNA, promptly undertake
to nominate the Stephanka Tract to the National Register of Historic Places, in recognition of the
archaeological artifacts from the original Dena'ina Settlement. If the Department of the Interior
establishes a historical, cultural, or archaeological interpretive site, KNA shall have the exclusive
right to operate a Dena'ina interpretive site on the Stephanka Tract under the regulations and
policies of the department. If KNA declines to operate such a site, the department may do so under
its existing authorities. Prior to the department undertaking any archaeological activities whatsoever
on the Stephanka Tract, KNA shall be consulted.
"(3) General provisions.—
"(A) Removal of kna lands from the national wildlife refuge system.—
"(i) Effective on the date of closing for the Acquisition Lands identified in paragraph (2)(B),
all lands retained by or conveyed to KNA pursuant to this section, and the subsurface interests of
CIRI underlying such lands shall be automatically removed from the National Wildlife Refuge
System and shall neither be considered as part of the Refuge nor subject to any laws pertaining
solely to lands within the boundaries of the Refuge. The conveyance restrictions imposed by
section 22(g) of ANCSA [43 U.S.C. 1621(g)] (i) shall then be ineffective and cease to apply to such
interests of KNA and CIRI, and (ii) shall not be applicable to the interests received by KNA in
accordance with paragraph (2)(B) or to the CIRI interests underlying them. The Secretary shall
adjust the boundaries of the Refuge so as to exclude all interests in lands retained or received in
exchange by KNA in accordance with this section, including both surface and subsurface, and
shall also exclude all interests currently held by CIRI. On lands within the Swanson River Road
East Tract, the boundary adjustment shall only include the surface estate where the subsurface
estate is retained by the United States.
"(ii)(I) The Secretary, KNA, and CIRI shall execute an agreement within 45 days of the
date of enactment of this section [Nov. 12, 1996] which preserves CIRI's rights under paragraph
1(B)(1) of the Terms and Conditions, addresses CIRI's obligations under such paragraph, and
adequately addresses management issues associated with the boundary adjustment set forth in
this section and with the differing interests in land resulting from enactment of this section.
"(II) In the event that no agreement is executed as provided for in subclause (I), solely for
the purposes of administering CIRI's rights under paragraph 1(B)(1) of the Terms and Conditions,
the Secretary and CIRI shall be deemed to have retained their respective rights and obligations
with respect to CIRI's subsurface interests under the requirements of the Terms and Conditions in
effect on June 18, 1996. Notwithstanding the boundary adjustments made pursuant to this section,
conveyances to KNA shall be deemed to remain subject to the Secretary's and CIRI's rights and
obligations under paragraph 1(B)(1) of the Terms and Conditions.
"(iii) The Secretary is authorized to acquire by purchase or exchange, on a willing seller
basis only, any lands retained by or conveyed to KNA. In the event that any lands owned by KNA
are subsequently acquired by the United States, they shall be automatically included in the Refuge
System. The laws and regulations applicable to Refuge lands shall then apply to these lands and
the Secretary shall then adjust the boundaries accordingly.
"(iv) Nothing in this section is intended to enlarge or diminish the authorities, rights,
duties, obligations, or the property rights held by CIRI under the Terms and Conditions, or
otherwise except as set forth in this section. In the event of the purchase by the United States of
any lands from KNA in accordance with subparagraph (A)(ii), the United States shall reassume
from KNA the rights it previously held under the Terms and Conditions and the provisions in any
patent implementing section 22(g) of ANCSA [43 U.S.C. 1621(g)] will again apply.
"(v) By virtue of implementation of this section, CIRI is deemed entitled to 1,207 acres of
in-lieu subsurface entitlement under section 12(a)(1) of ANCSA [43 U.S.C. 1611(a)(1)]. Such
entitlement shall be fulfilled in accordance with paragraph 1(B)(2)(A) of the Terms and Conditions.
"(B) Maps and legal descriptions.—Maps and a legal description of the lands described above
shall be on file and available for public inspection in the appropriate offices of the United States

Department of the Interior, and the Secretary shall, no later than 90 days after enactment of this
section, prepare a legal description of the lands described in paragraph (2)(A)(vii). Such maps and
legal description shall have the same force and effect as if included in the section, except that the
Secretary may correct clerical and typographical errors.
"(C) Acceptance.—KNA may accept the offer made in this section by notifying the Secretary in
writing of its decision within 180 days of receipt of the offer. In the event the offer is rejected, the
Secretary shall notify the Committee on Resources [now Committee on Natural Resources] of the
House of Representatives and the Committee on Energy and Natural Resources and the Committee
on Environment and Public Works of the Senate.
"(D) Final maps.—Not later than 120 days after the conclusion of the acquisition authorized by
paragraph (1), the Secretary shall transmit a final report and maps accurately depicting the lands
transferred and conveyed pursuant to this section and the acreage and legal descriptions of such
lands to the Committee on Resources [now Committee on Natural Resources] of the House of
Representatives and the Committee on Energy and Natural Resources and the Committee on
Environment and Public Works of the Senate.
"(e) Adjustments to National Wilderness System.—Upon acquisition of lands by the United States
pursuant to subsection (d)(2)(A), that portion of the Stephanka Tract lying south and west of the Kenai
River, consisting of approximately 592 acres, shall be included in and managed as part of the Kenai
Wilderness and such lands shall be managed in accordance with the applicable provisions of the
Wilderness Act and ANILCA.
"(f) Designation of Lake Todatonten Special Management Area.—
"(1) Purpose.—To balance the potential effects on fish, wildlife, and habitat of the removal of KNA
lands from the Refuge System, the Secretary is hereby directed to withdraw, subject to valid existing
rights, from location, entry, and patent under the mining laws and to create as a special management
unit for the protection of fish, wildlife, and habitat, certain unappropriated and unreserved public lands,
totaling approximately 37,000 acres adjacent to the west boundary of the Kanuti National Wildlife
Refuge to be known as the 'Lake Todatonten Special Management Area', as depicted on the map
entitled 'Proposed: Lake Todatonten Special Management Area', dated June 13, 1996, and to be
managed by the Bureau of Land Management.
"(2) Management.—
"(A) Such designation is subject to all valid existing rights as well as the subsistence
preferences provided under title VIII of ANILCA [16 U.S.C. 3111 et seq.]. Any lands conveyed to the
State of Alaska shall be removed from the Lake Todatonten Special Management Area.
"(B) The Secretary may permit any additional uses of the area, or grant easements, only to
the extent that such use, including leasing under the mineral leasing laws, is determined to not
detract from nor materially interfere with the purposes for which the Special Management Area is
established.
"(C)(i) The BLM shall establish the Lake Todatonten Special Management Area Committee.
The membership of the Committee shall consist of 11 members as follows:
"(I) Two residents each from the villages of Alatna, Allakaket, Hughes, and Tanana.
"(II) One representative from each of Doyon Corporation, the Tanana Chiefs Conference,
and the State of Alaska.
"(ii) Members of the Committee shall serve without pay.
"(iii) The BLM shall hold meetings of the Lake Todatonten Special Management Area
Committee at least once per year to discuss management issues within the Special Management
Area. The BLM shall not allow any new type of activity in the Special Management Area without first
conferring with the Committee in a timely manner.
"(3) Access.—The Secretary shall allow the following:
"(A) Private access for any purpose, including economic development, to lands within the
boundaries of the Special Management Area which are owned by third parties or are held in trust by
the Secretary for third parties pursuant to the Alaska Native Allotment Act (25 U.S.C. 336). Such rights
may be subject to restrictions issued by the BLM to protect subsistence uses of the Special
Management Area.
"(B) Existing public access across the Special Management Area. Section 1110(a) of ANILCA
[16 U.S.C. 3170(a)] shall apply to the Special Management Area.
"(4) Secretarial order and maps.—The Secretary shall file with the Committee on Resources [now
Committee on Natural Resources] of the House of Representatives and the Committee on Energy and
Natural Resources and the Committee on Environment and Public Works of the Senate, the Secretarial
Order and maps setting forth the boundaries of the Area within 90 days of the completion of the
acquisition authorized by this section. Once established, this Order may only be amended or revoked
by Act of Congress.

"(5) Authorization of appropriations.—There are authorized to be appropriated such sums as may
be necessary to carry out the purposes of this section."

§1785. Fossil Forest Research Natural Area
(a) Establishment
To conserve and protect natural values and to provide scientific knowledge, education, and interpretation for the
benefit of future generations, there is established the Fossil Forest Research Natural Area (referred to in this section as
the "Area"), consisting of the approximately 2,770 acres in the Farmington District of the Bureau of Land Management,
New Mexico, as generally depicted on a map entitled "Fossil Forest", dated June 1983.
(b) Map and legal description
(1) In general
As soon as practicable after November 12, 1996, the Secretary of the Interior shall file a map and legal description
of the Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of
the House of Representatives.
(2) Force and effect
The map and legal description described in paragraph (1) shall have the same force and effect as if included in
this Act.
(3) Technical corrections
The Secretary of the Interior may correct clerical, typographical, and cartographical errors in the map and legal
description subsequent to filing the map pursuant to paragraph (1).
(4) Public inspection
The map and legal description shall be on file and available for public inspection in the Office of the Director of the
Bureau of Land Management, Department of the Interior.
(c) Management
(1) In general
The Secretary of the Interior, acting through the Director of the Bureau of Land Management, shall manage the
Area—
(A) to protect the resources within the Area; and
(B) in accordance with this Act, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.),
and other applicable provisions of law.
(2) Mining
(A) Withdrawal
Subject to valid existing rights, the lands within the Area are withdrawn from all forms of appropriation under the
mining laws and from disposition under all laws pertaining to mineral leasing, geothermal leasing, and mineral
material sales.
(B) Coal preference rights
The Secretary of the Interior is authorized to issue coal leases in New Mexico in exchange for any preference
right coal lease application within the Area. Such exchanges shall be made in accordance with applicable existing
laws and regulations relating to coal leases after a determination has been made by the Secretary that the
applicant is entitled to a preference right lease and that the exchange is in the public interest.
(C) Oil and gas leases
Operations on oil and gas leases issued prior to November 12, 1996, shall be subject to the applicable
provisions of Group 3100 of title 43, Code of Federal Regulations (including section 3162.5–1), and such other
terms, stipulations, and conditions as the Secretary of the Interior considers necessary to avoid significant
disturbance of the land surface or impairment of the natural, educational, and scientific research values of the
Area in existence on November 12, 1996.
(3) Grazing
Livestock grazing on lands within the Area may not be permitted.
(d) Inventory
Not later than 3 full fiscal years after November 12, 1996, the Secretary of the Interior, acting through the Director of
the Bureau of Land Management, shall develop a baseline inventory of all categories of fossil resources within the
Area. After the inventory is developed, the Secretary shall conduct monitoring surveys at intervals specified in the
management plan developed for the Area in accordance with subsection (e).
(e) Management plan

(1) In general
Not later than 5 years after November 12, 1996, the Secretary of the Interior shall develop and submit to the
Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of
Representatives a management plan that describes the appropriate use of the Area consistent with this subsection.
(2) Contents
The management plan shall include—
(A) a plan for the implementation of a continuing cooperative program with other agencies and groups for—
(i) laboratory and field interpretation; and
(ii) public education about the resources and values of the Area (including vertebrate fossils);
(B) provisions for vehicle management that are consistent with the purpose of the Area and that provide for the
use of vehicles to the minimum extent necessary to accomplish an individual scientific project;
(C) procedures for the excavation and collection of fossil remains, including botanical fossils, and the use of
motorized and mechanical equipment to the minimum extent necessary to accomplish an individual scientific
project; and
(D) mitigation and reclamation standards for activities that disturb the surface to the detriment of scenic and
environmental values.
(Pub. L. 98–603, title I, §103, Oct. 30, 1984, 98 Stat. 3156; Pub. L. 104–333, div. I, title X, §1022(e), Nov. 12, 1996, 110
Stat. 4213; Pub. L. 106–176, title I, §124, Mar. 10, 2000, 114 Stat. 30.)
Editorial Notes

References in Text
This Act, referred to in subsecs. (b)(2) and (c)(1)(B), is Pub. L. 98–603, Oct. 30, 1984, 98 Stat. 3155,
known as the San Juan Basin Wilderness Protection Act of 1984. For complete classification of this Act to
the Code, see Tables.
The Federal Land Policy and Management Act of 1976, as amended, referred to in subsec. (c)(1)(B), is
Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to this chapter. For complete
classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

Codification
November 12, 1996, referred to in subsec. (e)(1), was in the original "the date of enactment of this Act",
which was translated as meaning the date of enactment of Pub. L. 104–333, which amended this section
generally, to reflect the probable intent of Congress.
Section was enacted as part of the San Juan Basin Wilderness Protection Act of 1984, and not as part
of the Federal Land Policy and Management Act of 1976 which comprises this chapter.

Amendments
2000—Subsec. (b)(1). Pub. L. 106–176, §124(1), substituted "Committee on Resources" for "Committee
on Natural Resources".
Subsec. (e)(1). Pub. L. 106–176, §124(2), which directed amendment of par. (1) by substituting "this
subsection" for "this Act", was executed by making the substitution following "consistent with", to reflect
the probable intent of Congress.
Pub. L. 106–176, §124(1), substituted 'Committee on Resources" for "Committee on Natural Resources".
1996—Pub. L. 104–333 amended section generally. Prior to amendment, section read as follows:
"(a) In recognition of its paramount aesthetic, natural, scientific, educational, and paleontological
values, the approximately two thousand seven hundred and twenty acre area in the Albuquerque District
of the Bureau of Land Management, New Mexico, known as the 'Fossil Forest', as generally depicted on
a map entitled 'Fossil Forest', dated June 1983, is hereby withdrawn, subject to valid existing rights, from
all forms of appropriation under the mining laws and from disposition under all laws pertaining to mineral
leasing and geothermal leasing and all amendments thereto. The Secretary of the Interior shall
administer the area in accordance with the Federal Land Policy and Management Act and shall take such
measures as are necessary to ensure that no activities are permitted within the area which would
significantly disturb the land surface or impair the area's existing natural, educational, and scientific
research values, including paleontological study, excavation, and interpretation.
"(b) Within one year of October 30, 1984, the Secretary of the Interior shall promulgate rules and
regulations for the administration of the Fossil Forest area referred to in subsection (a) of this section in
accordance with the provisions of this Act and shall file a copy of such rules and regulations with the
Committee on Interior and Insular Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.

"(c) The Bureau of Land Management is hereby directed to conduct a long-range study of the Fossil
Forest to determine how best to manage the area's resource values identified in subsection (a) of this
section. Within eight years of October 30, 1984, the Secretary shall forward the study results and
management plan for the area to Congress. During the study period and until Congress determines
otherwise, the Fossil Forest area shall be managed under the provisions of this Act."
Statutory Notes and Related Subsidiaries

Change of Name
Committee on Resources of House of Representatives changed to Committee on Natural Resources of
House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

§1786. Piedras Blancas Historic Light Station
(a) Definitions
In this section:
(1) Light Station
The term "Light Station" means Piedras Blancas Light Station.
(2) Outstanding Natural Area
The term "Outstanding Natural Area" means the Piedras Blancas Historic Light Station Outstanding Natural Area
established pursuant to subsection (c).
(3) Public lands
The term "public lands" has the meaning stated in section 103(e) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1703(e)).1
(4) Secretary
The term "Secretary" means the Secretary of the Interior.
(b) Findings
Congress finds as follows:
(1) The publicly owned Piedras Blancas Light Station has nationally recognized historical structures that should be
preserved for present and future generations.
(2) The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine
habitat that provides critical information to research institutions throughout the world.
(3) The Light Station tells an important story about California's coastal prehistory and history in the context of the
surrounding region and communities.
(4) The coastal area surrounding the Light Station was traditionally used by Indian people, including the Chumash
and Salinan Indian tribes.
(5) The Light Station is historically associated with the nearby world-famous Hearst Castle (Hearst San Simeon
State Historical Monument), now administered by the State of California.
(6) The Light Station represents a model partnership where future management can be successfully accomplished
among the Federal Government, the State of California, San Luis Obispo County, local communities, and private
groups.
(7) Piedras Blancas Historic Light Station Outstanding Natural Area would make a significant addition to the
National Landscape Conservation System administered by the Department of the Interior's Bureau of Land
Management.
(8) Statutory protection is needed for the Light Station and its surrounding Federal lands to ensure that it remains
a part of our historic, cultural, and natural heritage and to be a source of inspiration for the people of the United
States.
(c) Designation of the Piedras Blancas Historic Light Station Outstanding Natural Area
(1) In general
In order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the
unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of
certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing
certain recreational and research activities to continue, there is established, subject to valid existing rights, the
Piedras Blancas Historic Light Station Outstanding Natural Area.
(2) Maps and legal descriptions

The boundaries of the Outstanding Natural Area as those shown on the map entitled "Piedras Blancas Historic
Light Station: Outstanding Natural Area", dated May 5, 2004, which shall be on 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 California.
(3) Basis of management
The Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation
System to protect the resources of the area, and shall allow only those uses that further the purposes for the
establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.), and other applicable laws.
(4) Withdrawal
Subject to valid existing rights, and in accordance with the existing withdrawal as set forth in Public Land Order
7501 (Oct. 12, 2001, Vol. 66, No. 198, Federal Register 52149), the Federal lands and interests in lands included
within the Outstanding Natural Area are hereby withdrawn from—
(A) all forms of entry, appropriation, or disposal under the public land laws;
(B) location, entry, and patent under the public land mining laws; and
(C) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.
(d) Management of the Piedras Blancas Historic Light Station Outstanding Natural Area
(1) In general
The Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances
the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values
of that area, including an emphasis on preserving and restoring the Light Station facilities, consistent with the
requirements of subsection (c)(3).
(2) Uses
Subject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the
Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in
subsection (c)(1).
(3) Management plan
Not later than 3 years after of 2 May 8, 2008, the Secretary shall complete a comprehensive management plan
consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712) to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill
the purposes for which it is established, as set forth in subsection (c)(1). The management plan shall be developed
in consultation with appropriate Federal, State, and local government agencies, with full public participation, and the
contents shall include—
(A) provisions designed to ensure the protection of the resources and values described in subsection (c)(1);
(B) objectives to restore the historic Light Station and ancillary buildings;
(C) an implementation plan for a continuing program of interpretation and public education about the Light
Station and its importance to the surrounding community;
(D) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible
with achieving the resources objectives for the Outstanding Natural Area as described in paragraph (1) and with
other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area;
and
(E) cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with
appropriate departments of the State of California, with emphasis on the preservation of the resources of the
Outstanding Natural Area and the interpretive, education, and long-term scientific uses of the resources, giving
priority to the enforcement of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.) and
division A of subtitle III of title 54 within the Outstanding Natural Area.
(4) Cooperative agreements
In order to better implement the management plan and to continue the successful partnerships with the local
communities and the Hearst San Simeon State Historical Monument, administered by the California Department of
Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and
local agencies pursuant to section 307(b) of the Federal Land Management 3 Policy and Management Act of 1976
(43 U.S.C. 1737(b)).
(5) Research activities
In order to continue the successful partnership with research organizations and agencies and to assist in the
development and implementation of the management plan, the Secretary may authorize within the Outstanding
Natural Area appropriate research activities for the purposes identified in subsection (c)(1) and pursuant to section
307(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)).
(6) Acquisition

State and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as
appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding
Natural Area only by—
(A) donation;
(B) exchange with a willing party; or
(C) purchase from a willing seller.
(7) Additions to the Outstanding Natural Area
Any lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after May 8,
2008, shall be added to and administered as part of the Outstanding Natural Area.
(8) Overflights
Nothing in this section or the management plan shall be construed to—
(A) restrict or preclude overflights, including low level overflights, military, commercial, and general aviation
overflights that can be seen or heard within the Outstanding Natural Area;
(B) restrict or preclude the designation or creation of new units of special use airspace or the establishment of
military flight training routes over the Outstanding Natural Area; or
(C) modify regulations governing low-level overflights above the adjacent Monterey Bay National Marine
Sanctuary.
(9) Law enforcement activities
Nothing in this section shall be construed to preclude or otherwise affect coastal border security operations or
other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security,
the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding
Natural Area.
(10) Native American uses and interests
In recognition of the past use of the Outstanding Natural Area by Indians and Indian tribes for traditional cultural
and religious purposes, the Secretary shall ensure access to the Outstanding Natural Area by Indians and Indian
tribes for such traditional cultural and religious purposes. In implementing this subsection, the Secretary, upon the
request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or
more specific portions of the Outstanding Natural Area in order to protect the privacy of traditional cultural and
religious activities in such areas by the Indian tribe or Indian religious community. Any such closure shall be made to
affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be
consistent with the purpose and intent of Public Law 95–341 (42 U.S.C. 1996 et seq.; commonly referred to as the
"American Indian Religious Freedom Act").
(11) No buffer zones
The designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or
buffer zones around 4 area. The fact that activities outside the Outstanding Natural Area and not consistent with the
purposes of this section can be seen or heard within the Outstanding Natural Area shall not, of itself, preclude such
activities or uses up to the boundary of the Outstanding Natural Area.
(e) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(Pub. L. 110–229, title II, §201, May 8, 2008, 122 Stat. 759; Pub. L. 113–287, §5(l)(8), Dec. 19, 2014, 128 Stat. 3271.)
Editorial Notes

References in Text
The Federal Land Policy and Management Act of 1976, referred to in subsec. (c)(3), is Pub. L. 94–579,
Oct. 21, 1976, 90 Stat. 2743, which is classified principally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.
The Archaeological Resources Protection Act of 1979, referred to in subsec. (d)(3)(E), is Pub. L. 96–95,
Oct. 31, 1979, 93 Stat. 721, which is classified generally to chapter 1B (§470aa et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see Short Title note set out under
section 470aa of Title 16 and Tables.
The American Indian Religious Freedom Act, referred to in subsec. (d)(10), is Pub. L. 95–341, Aug. 11,
1978, 92 Stat. 469, which is classified to sections 1996 and 1996a of Title 42, The Public Health and Welfare.
For complete classification of this Act to the Code, see Short Title note set out under section 1996 of Title 42
and Tables.

Codification

Section was enacted as part of the Consolidated Natural Resources Act of 2008, and not as part of the
Federal Land Policy and Management Act of 1976 which comprises this chapter.

Amendments
2014—Subsec. (d)(3)(E). Pub. L. 113–287 substituted "division A of subtitle III of title 54" for "the National
Historic Preservation Act (16 U.S.C. 470 et seq.)".
1 So in original. Probably should be "1702(e))."
2 So in original. The word "of" probably should not appear.
3 So in original. The word "Management" probably should not appear.
4 So in original. Probably should be followed by "the".

§1787. Jupiter Inlet Lighthouse Outstanding Natural Area
(a) Definitions
In this section:
(1) Commandant
The term "Commandant" means the Commandant of the Coast Guard.
(2) Lighthouse
The term "Lighthouse" means the Jupiter Inlet Lighthouse located in Palm Beach County, Florida.
(3) Local Partners
The term "Local Partners" includes—
(A) Palm Beach County, Florida;
(B) the Town of Jupiter, Florida;
(C) the Village of Tequesta, Florida; and
(D) the Loxahatchee River Historical Society.
(4) Management plan
The term "management plan" means the management plan developed under subsection (c)(1).
(5) Map
The term "map" means the map entitled "Jupiter Inlet Lighthouse Outstanding Natural Area" and dated October
29, 2007.
(6) Outstanding Natural Area
The term "Outstanding Natural Area" means the Jupiter Inlet Lighthouse Outstanding Natural Area established by
subsection (b)(1).
(7) Public land
The term "public land" has the meaning given the term "public lands" in section 103(e) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1702(e)).
(8) Secretary
The term "Secretary" means the Secretary of the Interior.
(9) State
The term "State" means the State of Florida.
(b) Establishment of the Jupiter Inlet Lighthouse Outstanding Natural Area
(1) Establishment
Subject to valid existing rights, there is established for the purposes described in paragraph (2) the Jupiter Inlet
Lighthouse Outstanding Natural Area, the boundaries of which are depicted on the map.
(2) Purposes
The purposes of the Outstanding Natural Area are to protect, conserve, and enhance the unique and nationally
important historic, natural, cultural, scientific, educational, scenic, and recreational values of the Federal land
surrounding the Lighthouse for the benefit of present generations and future generations of people in the United
States, while—
(A) allowing certain recreational and research activities to continue in the Outstanding Natural Area; and

(B) ensuring that Coast Guard operations and activities are unimpeded within the boundaries of the Outstanding
Natural Area.
(3) Availability of map
The map shall be on file and available for public inspection in appropriate offices of the Bureau of Land
Management.
(4) Withdrawal
(A) In general
Subject to valid existing rights, subsection (e), and any existing withdrawals under the Executive orders and
public land order described in subparagraph (B), the Federal land and any interests in the Federal land included in
the Outstanding Natural Area are withdrawn from—
(i) all forms of entry, appropriation, or disposal under the public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.
(B) Description of Executive orders
The Executive orders and public land order described in subparagraph (A) are—
(i) the Executive Order dated October 22, 1854;
(ii) Executive Order No. 4254 (June 12, 1925); and
(iii) Public Land Order No. 7202 (61 Fed. Reg. 29758).
(c) Management plan
(1) In general
Not later than 3 years after May 8, 2008, the Secretary, in consultation with the Commandant, shall develop a
comprehensive management plan in accordance with section 202 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1712) to—
(A) provide long-term management guidance for the public land in the Outstanding Natural Area; and
(B) ensure that the Outstanding Natural Area fulfills the purposes for which the Outstanding Natural Area is
established.
(2) Consultation; public participation
The management plan shall be developed—
(A) in consultation with appropriate Federal, State, county, and local government agencies, the Commandant,
the Local Partners, and other partners; and
(B) in a manner that ensures full public participation.
(3) Existing plans
The management plan shall, to the maximum extent practicable, be consistent with existing resource plans,
policies, and programs.
(4) Inclusions
The management plan shall include—
(A) objectives and provisions to ensure—
(i) the protection and conservation of the resource values of the Outstanding Natural Area; and
(ii) the restoration of native plant communities and estuaries in the Outstanding Natural Area, with an
emphasis on the conservation and enhancement of healthy, functioning ecological systems in perpetuity;
(B) objectives and provisions to maintain or recreate historic structures;
(C) an implementation plan for a program of interpretation and public education about the natural and cultural
resources of the Lighthouse, the public land surrounding the Lighthouse, and associated structures;
(D) a proposal for administrative and public facilities to be developed or improved that—
(i) are compatible with achieving the resource objectives for the Outstanding Natural Area described in
subsection (d)(1)(A)(ii); and
(ii) would accommodate visitors to the Outstanding Natural Area;
(E) natural and cultural resource management strategies for the Outstanding Natural Area, to be developed in
consultation with appropriate departments of the State, the Local Partners, and the Commandant, with an
emphasis on resource conservation in the Outstanding Natural Area and the interpretive, educational, and longterm scientific uses of the resources; and
(F) recreational use strategies for the Outstanding Natural Area, to be prepared in consultation with the Local
Partners, appropriate departments of the State, and the Coast Guard, with an emphasis on passive recreation.
(5) Interim plan
Until a management plan is adopted for the Outstanding Natural Area, the Jupiter Inlet Coordinated Resource
Management Plan (including any updates or amendments to the Jupiter Inlet Coordinated Resource Management

Plan) shall be in effect.
(d) Management of the Jupiter Inlet Lighthouse Outstanding Natural Area
(1) Management
(A) In general
The Secretary, in consultation with the Local Partners and the Commandant, shall manage the Outstanding
Natural Area—
(i) as part of the National Landscape Conservation System;
(ii) in a manner that conserves, protects, and enhances the unique and nationally important historical, natural,
cultural, scientific, educational, scenic, and recreational values of the Outstanding Natural Area, including an
emphasis on the restoration of native ecological systems; and
(iii) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and
other applicable laws.
(B) Limitation
In managing the Outstanding Natural Area, the Secretary shall not take any action that precludes, prohibits, or
otherwise affects the conduct of ongoing or future Coast Guard operations or activities on lots 16 and 18, as
depicted on the map.
(2) Uses
Subject to valid existing rights and subsection (e), the Secretary shall only allow uses of the Outstanding Natural
Area that the Secretary, in consultation with the Commandant and Local Partners, determines would likely further the
purposes for which the Outstanding Natural Area is established.
(3) Cooperative agreements
To facilitate implementation of the management plan and to continue the successful partnerships with local
communities and other partners, the Secretary may, in accordance with section 307(b) of the Federal Land
Management 1 Policy and Management Act of 1976 (43 U.S.C. 1737(b)), enter into cooperative agreements with the
appropriate Federal, State, county, other local government agencies, and other partners (including the Loxahatchee
River Historical Society) for the long-term management of the Outstanding Natural Area.
(4) Research activities
To continue successful research partnerships, pursue future research partnerships, and assist in the development
and implementation of the management plan, the Secretary may, in accordance with section 307(a) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1737(a)), authorize the conduct of appropriate research
activities in the Outstanding Natural Area for the purposes described in subsection (b)(2).
(5) Acquisition of land
(A) In general
Subject to subparagraph (B), the Secretary may acquire for inclusion in the Outstanding Natural Area any State
or private land or any interest in State or private land that is—
(i) adjacent to the Outstanding Natural Area; and
(ii) identified in the management plan as appropriate for acquisition.
(B) Means of acquisition
Land or an interest in land may be acquired under subparagraph (A) only by donation, exchange, or purchase
from a willing seller with donated or appropriated funds.
(C) Additions to the Outstanding Natural Area
Any land or interest in land adjacent to the Outstanding Natural Area acquired by the United States after May 8,
2008, under subparagraph (A) shall be added to, and administered as part of, the Outstanding Natural Area.
(6) Law enforcement activities
Nothing in this section, the management plan, or the Jupiter Inlet Coordinated Resource Management Plan
(including any updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) precludes,
prohibits, or otherwise affects—
(A) any maritime security, maritime safety, or environmental protection mission or activity of the Coast Guard;
(B) any border security operation or law enforcement activity by the Department of Homeland Security or the
Department of Justice; or
(C) any law enforcement activity of any Federal, State, or local law enforcement agency in the Outstanding
Natural Area.
(7) Future disposition of Coast Guard facilities
If the Commandant determines, after May 8, 2008, that Coast Guard facilities within the Outstanding Natural Area
exceed the needs of the Coast Guard, the Commandant may relinquish the facilities to the Secretary without
removal, subject only to any environmental remediation that may be required by law.

(e) Effect on ongoing and future Coast Guard operations
Nothing in this section, the management plan, or the Jupiter Inlet Coordinated Resource Management Plan
(including updates or amendments to the Jupiter Inlet Coordinated Resource Management Plan) precludes, prohibits,
or otherwise affects ongoing or future Coast Guard operations or activities in the Outstanding Natural Area, including—
(1) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast
Guard missions, the expansion, enhancement, or replacement of, the Coast Guard High Frequency antenna site on
lot 16;
(2) the continued and future operation of, access to, maintenance of, and, as may be necessitated for Coast
Guard missions, the expansion, enhancement, or replacement of, the military family housing area on lot 18;
(3) the continued and future use of, access to, maintenance of, and, as may be necessitated for Coast Guard
missions, the expansion, enhancement, or replacement of, the pier on lot 18;
(4) the existing lease of the Jupiter Inlet Lighthouse on lot 18 from the Coast Guard to the Loxahatchee River
Historical Society; or
(5) any easements or other less-than-fee interests in property appurtenant to existing Coast Guard facilities on lots
16 and 18.
(f) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(Pub. L. 110–229, title II, §202, May 8, 2008, 122 Stat. 763.)
Editorial Notes

References in Text
The Executive Order dated October 22, 1854, and Executive Order No. 4254 (June 12, 1925), referred
to in subsec. (b)(4)(B)(i), (ii), were not classified to the Code.
The Federal Land Policy and Management Act of 1976, referred to in subsec. (d)(1)(A)(iii), is Pub. L. 94–
579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to this chapter. For complete classification
of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

Codification
Section was enacted as part of the Consolidated Natural Resources Act of 2008, and not as part of the
Federal Land Policy and Management Act of 1976 which comprises this chapter.
1 So in original. The word "Management" probably should not appear.