Flpma

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

A

The Federal Land Policy and Management Act of 1976, as amended,
is the Bureau of Land Management’s “organic act”
that establishes the agency’s multiple-use and sustained yield mandate
to serve present and future generations.

Copies are available from:
Printed Materials Distribution Services
Fax: 303-236-0845
Email: [email protected]
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BLM/HQ/GI-22/001+1750

The Federal Land Policy and
Management Act of 1976
As Amended

Compiled by
U.S. Department of the Interior
Bureau of Land Management
Washington, DC

February 2022

Acknowledgments
The Arizona Law Review article, “A Capsule Examination of the Legislative History of the Federal Land Policy
and Management Act (FLPMA) of 1976,” by Eleanor Schwartz, 21 Ariz. L. Rev. 285 (1979), is reprinted with
permission. © 1979 by the Arizona Board of Regents.
Appendices B and C are adapted from WestlawNext with the permission of Thomson Reuters.

Citation
This publication may be cited as follows:
U.S. Department of the Interior, Bureau of Land Management (editor). 2022. The Federal Land Policy and
Management Act of 1976, as amended. U.S. Department of the Interior, Bureau of Land Management,
Office of Public Affairs, Washington, DC. 110 pp.

Editor’s Note
This version of The Federal Land Policy and Management Act of 1976, As Amended updates the previous version
of this pamphlet, issued in 2001. It includes all sections of the Federal Land Policy and Management Act (the
Act) as originally passed by Congress in 1976, all subsequently enacted sections that have been codified
alongside the original Act, and separately enacted sections that are not considered amendments to the Act.
Consequently, it is more inclusive than most other similar documents.
Section and subsection headings are from the United States Code and are boldfaced to serve as easy
references within each section. Where the original public law differs from the text of the United States Code,
the text of the United States Code has generally been followed. Additions of text from amendments have
been italicized and deletions from amendments have been removed. Two appendices and an alphabetical
index have been added. The language throughout the document has been modified to be gender-neutral
and editorial corrections to the original text have been made, as indicated with brackets.
Editor’s notes within the body of the document are in a different, smaller font, and are framed by brackets.
Editor’s notes include additional cross-references not found in the United States Code; citations to amending
statutes; and annotations regarding related legislation, uncodified riders, and similar matters. Editor’s notes
are not intended to provide a comprehensive guide to the relevant law, nor do the notes reflect the views of
the Bureau of Land Management or the Office of the Solicitor.
This document was prepared by the Bureau of Land Management with assistance from the Office of the
Solicitor, in commemoration of the 40th anniversary of the Federal Land Policy and Management Act of
1976. Great care was taken to ensure that all amendments were included correctly and with precision.
Nevertheless, we recognize that this document still could contain errors. The user is encouraged to consult
the official United States Code if there is any doubt about the accuracy of the information contained herein.

Foreword
As the Bureau of Land Management (BLM) celebrates its 75th anniversary, it
is appropriate to recognize and honor our founding legislation, the Federal
Land Policy and Management Act. FLPMA is central to everything we do at
the BLM. All of the actions we take rely on the authorities that were built into
this law by Congress and the President. We use FLPMA every day to guide
our management of over 10 percent of the land in the United States and
one-third of our nation’s minerals.
FLPMA defines our mission as one of multiple use and sustained yield. This means planning thoughtful
development in the right places to drive economic opportunities for local communities. It also means
protecting natural, cultural, and historical resources that are simply too special to develop. And above all, it
means working with a changing nation to make decisions that are balanced and forward looking. Today this
includes addressing climate change, fostering clean energy, strengthening the nation’s infrastructure and
competitiveness, and helping to address economic and environmental injustice through good-paying jobs
that support families and healthy communities.
I am incredibly proud of the BLM and what our team accomplishes each day. Our responsibilities are wide
ranging, vital to our economy, and far reaching to future generations. In addition to supporting our nation’s
need for energy, minerals, timber, and grazing lands, we offer world-class recreational opportunities to
millions of Americans who are passionate about hunting, fishing, hiking, motorized sports, and mountain
biking. We have engineers who are improving public access and visitor experiences with increased investments
in deferred maintenance projects on public lands. We have one of the nation’s largest and most elite firefighting
operations. Our dedicated law enforcement officers help guide and protect visitors to the public lands. And our
biologists play a critical role in maintaining healthy habitats for 6,000 fish and wildlife species.
Looking forward, our resource specialists are tackling climate change through the America the Beautiful
initiative, a decade-long challenge to pursue a locally led and voluntary, nationwide effort to conserve,
connect, and restore the lands, waters, and wildlife upon which we all depend. Using science as our guide
and our time-honored collaborative approach, we aim to join forces with public and private landowners
to conserve at least 30 percent of America’s lands and waters by 2030. By so doing, we can ensure our
communities—now and in the future—have fresh air to breathe, clean water to drink, healthy and
dependable economies, and a livable planet.
We do all this great work with the involvement of many stakeholder groups. We work closely with hundreds
of sovereign tribal nations, state and local governments, and members of the public across the country. All
of this activity takes place on lands that stretch across the country, from the Arctic Ocean to the Mexican
border, and from Key West, Florida, to the San Juan Islands of Washington State. And we do this work
efficiently for the American people: each year, our numerous land management decisions bring in billions of
dollars for American taxpayers and support thousands of jobs.
When Congress passed FLPMA in 1976, the approach of our agency, whose roots reach back to the nation’s
founding years, was formalized into a comprehensive authority and guidelines for the management and
protection of public lands and their resources. I invite you to see what guides our work by reading this
updated publication and joining us in managing your public lands to meet the needs of today while
protecting the same opportunities for future generations.

Tracy Stone-Manning
Director, Bureau of Land Management

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

FEDERAL LAND POLICY AND
MANAGEMENT ACT OF 1976
Public Law 94-579
94th Congress
An Act
To establish public land policy; to establish guidelines for its administration; to provide for the management,
protection, development, and enhancement of the public lands; and for other purposes.
Be it enacted by the
Senate and House of Representatives of the United States of America in Congress assembled

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Public Law 94–579—October 21, 1976, as amended through March 23, 2018

TABLE OF CONTENTS
FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
Public Law 94–579 – 94th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v
TITLE I—GENERAL PROVISIONS
Sec. 101. Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Sec. 102. Congressional declaration of policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Sec. 103. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Cooperative action and sharing of resources by Secretaries of the Interior and Agriculture . . . . . . . . . . . . . . . . . . 4
TITLE II—LAND USE PLANNING; LAND ACQUISITION AND DISPOSITION
Sec. 201. Continuing inventory and identification of public lands; preparation and maintenance . . . . . . . . . . . . 5
Sec. 202. Land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Sec. 203. Sales of public land tracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Sec. 204. Withdrawals of lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Sec. 205. Acquisitions of public lands and access over non-Federal lands to National Forest System units . . 13
Sec. 206. Exchanges of public lands or interests therein within the National Forest System . . . . . . . . . . . . . . . . 14
Sec. 207. Qualifications of conveyees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Sec. 208. Documents of conveyance; terms, covenants, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Sec. 209. Mineral interests; reservation and conveyance requirements and procedures . . . . . . . . . . . . . . . . . . . 18
Sec. 210. Coordination by Secretary of the Interior with State and local governments . . . . . . . . . . . . . . . . . . . . . 18
Sec. 211. Conveyances of public lands to States, local governments, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Sec. 212. Recreation and Public Purposes Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Sec. 213. National forest townsites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Sec. 214. Sale of public lands subject to unintentional trespass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Sec. 215. Temporary revocation authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
TITLE III—ADMINISTRATION
Sec. 301. Bureau of Land Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Sec. 302. Management of use, occupancy, and development of public lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Sec. 303. Enforcement authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Sec. 304. Fees, charges, and commissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Availability of excess fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Sec. 305. Forfeitures and deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Sec. 306. Working capital fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Revolving fund derived from disposal of salvage timber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Sec. 307. Implementation provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

vii

viii

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Sec. 308.
Sec. 309.
Sec. 310.
Sec. 311.
Sec. 312.
Sec. 313.
Sec. 314.
Sec. 315.
Sec. 316.
Sec. 317.
Sec. 318.

Contracts for surveys and resource protection; renewals; funding requirements . . . . . . . . . . . . . . . . . 32
Advisory councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Rules and regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Search, rescue, and protection forces; emergency situations authorizing hiring . . . . . . . . . . . . . . . . . 33
Disclosure of financial interests by officers or employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Recordation of mining claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Disclaimer of interest in lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Correction of conveyance documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Mineral revenues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Funding requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

FLAME Wildfire Suppression Reserve Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Cohesive wildfire management strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
TITLE IV—RANGE MANAGEMENT
Sec. 401. Grazing fees* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Sec. 402. Grazing leases and permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Sec. 403. Grazing advisory boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Sec. 404. Transportation of captured animals; procedures and prohibitions applicable . . . . . . . . . . . . . . . . . . . . 49
TITLE V—RIGHTS-OF-WAY
Sec. 501. Grant, issue, or renewal of rights-of-way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Sec. 502. Roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Sec. 503. Right-of-way corridors; criteria and procedures applicable for designation . . . . . . . . . . . . . . . . . . . . . . 54
Sec. 504. General requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Sec. 505. Terms and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Sec. 506. Suspension or termination; grounds; procedures applicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Sec. 507. Rights-of-way for Federal departments and agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Sec. 508. Conveyance of lands covered by right-of-way; terms and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Sec. 509. Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way for railroad and
appurtenant communication facilities; applicability of existing terms and conditions . . . . . . . . . . . 58
Sec. 510. Applicability of provisions to other Federal laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Sec. 511. Coordination of applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Sec. 512. Vegetation Management, Facility Inspection, and Operation and Maintenance Relating
to Electric Transmission and Distribution Facility Rights-of-Way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
TITLE VI—DESIGNATED MANAGEMENT AREAS
Sec. 601. California Desert Conservation Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Acceptance of donation of certain existing permits or leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Sec. 602. King Range . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Sec. 603. Bureau of Land Management Wilderness Study . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Yaquina Head Outstanding Natural Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Lands in Alaska; designation as wilderness; management by
Bureau of Land Management pending Congressional action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
______________________________________
* As it appears in the United States Code, 43 U.S.C. 1751 contains a section heading and multiple subheadings displayed together. For ease
of reading, these subheadings were divided up and placed with the appropriate text.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

Fossil Forest Research Natural Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Piedras Blancas Historic Light Station . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Jupiter Inlet Lighthouse Outstanding Natural Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
TITLE VII—EFFECT ON EXISTING RIGHTS: REPEAL OF EXISTING LAWS; SEVERABILITY
Sec. 701. Effect on existing rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Sec. 702. Repeal of laws relating to homesteading and small tracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Sec. 703. Repeal of laws related to disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Sec. 704. Repeal of withdrawal laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Sec. 705. Repeal of laws relating to administration of public lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Sec. 706. Repeal of laws relating to rights-of-way . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Sec. 707. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Appendix A: A Capsule Examination of the Legislative History of the Federal Land
Policy and Management Act of 1976 by Eleanor R. Schwartz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Appendix B: Amending Laws for the Federal Land Policy and Management Act . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Appendix C: Correlation of Public Law to United States Code for the Federal
Land Policy and Management Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103

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Public Law 94–579—October 21, 1976, as amended through March 23, 2018

TITLE I
GENERAL PROVISIONS
Short Title
Sec. 101 [43 U.S.C. 1701 note]. This Act may be cited as
the “Federal Land Policy and Management Act of 1976”.

Congressional Declaration of Policy
Sec. 102 [43 U.S.C. 1701].
(a) The Congress declares that it is the policy of the
United States that–
(1) the public lands be retained in Federal
ownership, unless as a result of the land use
planning procedure provided for in this Act, it is
determined that disposal of a particular parcel
will serve the national interest;
(2) the national interest will be best realized
if the public lands and their resources are
periodically and systematically inventoried and
their present and future use is projected through
a land use planning process coordinated with
other Federal and State planning 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

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

each disposal, acquisition, and exchange to be
consistent with the prescribed mission of the
department or agency involved, and reserving
to the Congress review of disposals in excess of a
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.

Definitions
Sec. 103 [43 U.S.C. 1702]. Without altering in any way
the meaning of the following terms as used in any
other statute, whether or not such statute is referred
to in, or amended by, this Act, as used in this Act–
(a) The term “areas of critical environmental
concern” means areas within the public lands
where special management attention is required
(when such areas are developed or used or where
no development is required) to protect and
prevent irreparable damage to important historic,
cultural, or scenic values, fish and wildlife resources

or other natural systems or processes, or to protect
life and safety from natural hazards.
(b) The term “holder” means any State or local
governmental entity, individual, partnership,
corporation, association, or other business entity
receiving or using a right-of-way under title V of
this Act.
(c) The term “multiple use” means the
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 rule making, 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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

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
title V of this Act.
(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 603
shall have the same meaning as it does in
section 1131(c) of title 16.
(j) The term “withdrawal” means withholding an
area of Federal land from settlement, sale, location,
or entry, under some or all of the general land
laws, for the purpose of limiting activities under
those laws in order to maintain other public values
in the area or reserving the area for a particular
public purpose or program; or transferring
jurisdiction over an area of Federal land, other than
“property” governed by the Federal Property and
Administrative Services Act, as amended
(40 U.S.C. 472) from one department, bureau or
agency to another department, bureau or agency.
(k) An “allotment management plan” means a
document prepared in consultation with the
lessees or permittees involved, which applies
to livestock operations on the public lands or
on lands within National Forests in the eleven
contiguous Western States and which:
(1) prescribes the manner in, and extent to,
which livestock operations will be conducted

in order to meet the multiple-use, sustainedyield, 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[”] means the Bureau of
Land Management.
(o) The term “eleven contiguous Western States”
means the States of Arizona, California, Colorado,
Idaho, Montana, Nevada, New Mexico, Oregon,
Utah, Washington, and Wyoming.
[The term “sixteen contiguous Western States,” found in sections
401(b)(1), 402(a) and 403(a), refers to: Arizona, California,
Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New
Mexico, North Dakota, Oklahoma, Oregon, South Dakota,
Utah, Washington and Wyoming. This term is defined by Pub. L.
No. 95-514, § 3(i), 92 Stat. 1803, 1805 (1978).]

(p) The term “grazing permit and lease” means
any document authorizing use of public lands or
lands in National Forests in the eleven contiguous
Western States for the purpose of grazing
domestic livestock.

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Cooperative action and sharing of resources
by Secretaries of the Interior and Agriculture
[43 U.S.C. 1703] [Pub. L. No. 106–291, title III, § 330, Oct. 11,
2000, 114 Stat. 996; Pub. L. No. 109–54, title IV, § 428, Aug. 2,
2005, 119 Stat. 555; Pub. L. No. 111–8, div. E, title IV, § 418,
Mar. 11, 2009, 123 Stat. 747; Pub. L. No. 112–74, div. E,
title IV, § 422, Dec. 23, 2011, 125 Stat. 1045; Pub. L. No. 113–76,
div. G, title IV, § 430, Jan. 17, 2014, 128 Stat. 345].

In 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 multi-year projects, except that this authority
may not be used to circumvent requirements and
limitations imposed on the use of funds.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

TITLE II
LAND USE PLANNING;
LAND ACQUISITION AND DISPOSITION
Continuing Inventory and
Identification of Public Lands;
Preparation and Maintenance
Sec. 201 [43 U.S.C. 1711].
(a) The Secretary shall prepare and maintain on a
continuing basis an inventory of all public lands
and their resource and other values (including,
but not limited to, outdoor recreation and
scenic values), giving priority to areas of critical
environmental concern. This inventory shall be
kept current so as to 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.

Land Use Plans
Sec. 202 [43 U.S.C. 1712].
(a) Development, maintenance, and revision
by Secretary
The Secretary shall, with public involvement and
consistent with the terms and conditions of this
Act, develop, maintain, and, when appropriate,
revise land use plans which provide by tracts or
areas for the use of the public lands. Land use
plans shall be developed for the public lands
regardless of whether such lands previously have
been 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;

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(2) use a systematic interdisciplinary approach
to achieve integrated consideration of physical,
biological, economic, and other sciences;
(3) give priority to the designation and protection
of areas of critical environmental concern;
(4) rely, to the extent it is available, on the
inventory of the public lands, their resources,
and other values;
(5) consider present and potential uses of the
public lands;
(6) consider the relative scarcity of the values
involved and the availability of alternative means
(including recycling) and sites for realization of
those values;
(7) weigh long-term 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, United
States Code [Pub. L. No. 113-287, 2014] and of
or for Indian tribes by, among other things,
considering the policies of approved State and
tribal land resource management programs.
In implementing this directive, the Secretary
shall, to the extent [he or she] 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 [the
Secretary]. Land use plans of the Secretary
under this section shall be consistent with State
and local plans to the maximum extent [the
Secretary] 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 [the
Secretary’s] delegate, under the provisions of
this section, of the land use plan involved.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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
204 of this Act may be used in carrying out
management decisions, but public lands shall
be removed from or restored to the operation
of the Mining Law of 1872, as amended
(R.S. 2318–2352; 30 U.S.C. 21 et seq.) or
transferred to another department, bureau, or
agency only by withdrawal action pursuant to
section 204 or other action pursuant to applicable
law: Provided, That nothing in this section
shall prevent a wholly owned Government
corporation from acquiring and holding rights as
a citizen under the Mining Law of 1872.
(f) Procedures applicable to formulation of
plans and programs for public land management
The Secretary shall allow an opportunity for public
involvement and by regulation shall establish
procedures, including public hearings where
appropriate, to give Federal, State, and local
governments and the public, adequate notice and
opportunity to comment upon and participate in
the formulation of plans and programs relating to
the management of the public lands.

Sales of Public Land Tracts
Sec. 203 [43 U.S.C. 1713].
(a) Criteria for disposal; excepted lands
A tract of the public lands (except land in units
of the National Wilderness Preservation System,
National Wild and Scenic Rivers Systems, and
National System of Trails) may be sold under this
Act where, as a result of land use planning required
under section 202 of this Act, the Secretary
determines that the sale of such tract meets the
following disposal criteria:
(1) such tract because of its location or other
characteristics is 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

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(3) disposal of such tract will serve important
public objectives, including but not limited
to, expansion of communities and economic
development, which cannot be achieved prudently
or feasibly on land other than public land and
which outweigh other public objectives and
values, including, but not limited to, recreation
and scenic values, which would be served by
maintaining such tract in Federal ownership.
(b) Conveyance of land of agricultural value
and desert in character
Where the Secretary determines that land to be
conveyed under clause (3) of subsection (a) of
this section is of agricultural value and is desert
in character, such land shall be conveyed either
under the sale authority of this section or in
accordance with other existing law.
(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, [the Secretary]
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;

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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 [the Secretary’s] 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 or her] right to
a decision within such thirty-day period. Prior
to the expiration of such periods the Secretary
may refuse to accept any offer or may withdraw
any land or interest in land from sale under this
section when [the Secretary] determines that
consummation of the sale would not be consistent
with this Act or other applicable law.

Withdrawals of Lands
Sec. 204 [43 U.S.C. 1714].
(a) Authorization and limitation; delegation
of authority
On and after the 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 [the Secretary]
proposes a withdrawal on [his or her] own
motion, the Secretary shall publish a notice in
the Federal Register stating that the application
has been submitted for 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 or her] own motion or upon
request by a department or agency head. The
Secretary shall notify both Houses of Congress
of such a withdrawal no later than its 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.

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

A motion to discharge may be made only by
an individual favoring the resolution, shall be
highly privileged (except that it may not be
made after the committee has reported such a
resolution), and debate thereon shall be limited
to not more than one hour, to be divided equally
between those favoring and those opposing
the resolution. An amendment to the motion
shall not be in order, and it shall not be in order
to move to reconsider the vote by which the
motion was agreed to or disagreed to. If the
motion to discharge is agreed to or disagreed
to, the motion may not be made with respect
to any other resolution with respect to the
same Presidential recommendation. When the
committee has reprinted, or has been discharged
from further consideration of a resolution, it
shall at any time thereafter be in order (even
though a previous motion to the same 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.

(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;

(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–

(9) a statement of the expected length of time
needed for the withdrawal;

(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;

(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;

(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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

Secretary on [his or her] own motion or upon
request by a department or an agency head–
(1) for such period of time as [the Secretary]
deems desirable for a resource use; or
(2) for a period of not more than twenty years for
any other use, including but not limited to use
for administrative sites, location of facilities, and
other proprietary purposes; or
(3) for a period of not more than 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 [Pub. L. No. 103-437,
1994] notifies the Secretary, that an emergency
situation exists and that extraordinary measures
must be taken to preserve values that would
otherwise be lost, the Secretary notwithstanding
the provisions of subsections (c)(1) and (d) of this
section, shall immediately make a withdrawal and
file notice of such emergency withdrawal with
both of those Committees [Pub. L. No. 103-437, 1994].
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 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) of this section, 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 [Pub. L. No. 103-437, 1994].
(g) Processing and adjudication of existing
applications
All applications for withdrawal pending on
October 21, 1976 shall be processed and
adjudicated to conclusion within 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, United States Code [Pub. L. No. 113-287,
2014]; or modify, or revoke any withdrawal which
added lands to the National Wildlife Refuge System
prior to October 21, 1976, or which thereafter
adds lands to that System under the terms of this
Act. Nothing in this Act is intended to modify or

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

change any provision of the Act of February 27,
1976 (90 Stat. 199; 16 U.S.C. 668dd(a)).
(k) Authorization of appropriations for
processing applications
There is hereby authorized to be appropriated the
sum of $10,000,000 for the purpose of processing
withdrawal applications pending on the 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 the
date of October 21, 1976, review withdrawals
existing on October 21, 1976, in the States of
Arizona, California, Colorado, Idaho, Montana,
Nevada, New Mexico, Oregon, Utah, Washington,
and Wyoming of (1) all Federal lands other than
withdrawals of the public lands administered
by the Bureau of Land Management and of
lands which, on October 21, 1976, were part of
Indian reservations and other Indian holdings,
the National Forest System, the National Park
System, the National Wildlife Refuge System,
other lands administered by the Fish and Wildlife
Service or the Secretary through the Fish and
Wildlife Service, the National Wild and Scenic
Rivers System, and the National System of
Trails; and (2) all public lands administered by
the Bureau of Land Management and of lands
in the National Forest System (except those
in wilderness areas, and those areas formally
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 [the Secretary’s] judgment, consistent with
the statutory objectives of the programs for
which the lands were dedicated and of the other

relevant programs. The Secretary shall report
[his or her] recommendations to the President,
together with statements of concurrence or
nonconcurrence submitted by the heads of the
departments or agencies which administer the
lands. The President shall transmit this report to
the President of the Senate and the Speaker of
the House of Representatives, together with [the
President’s] recommendations for action by the
Secretary, or for legislation. The Secretary may
act to terminate withdrawals other than those
made by Act of the Congress in accordance with
the recommendations of the President unless
before the end of ninety days (not counting
days on which the Senate and the House of
Representatives has adjourned for more than
three consecutive days) beginning on the day
the report of the President has been submitted
to the Senate and the House of Representatives
the Congress has adopted a concurrent
resolution indicating otherwise. If the committee
to which a resolution has been referred during
the said ninety day period, has not reported
it at the end of thirty calendar days after its
referral, it shall be in order to either discharge
the committee from further consideration of
such resolution or to discharge the committee
from consideration of any other resolution with
respect to the Presidential recommendation.
A motion to discharge may be made only by
an individual favoring the resolution, shall be
highly privileged (except that it may not be
made after the committee has reported such a
resolution), and debate thereon shall be limited
to not more than one hour, to be divided equally
between those favoring and those opposing
the resolution. An amendment to the motion
shall not be in order, and it shall not be in order
to move to reconsider the vote by which the
motion was agreed to or disagreed to. If the
motion to discharge is agreed to or disagreed
to, the motion may not be made with respect
to any other resolution with respect to the
same Presidential recommendation. When the
committee has reprinted, or has been discharged
from further consideration of a resolution, it
shall at any time thereafter be in order (even
though a previous motion to the same effect has
been disagreed to) to move to proceed to the
consideration of the resolution. The motion shall

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

be highly privileged and shall not be debatable.
An amendment to the motion shall not be in
order, and it shall not be in order to move to
reconsider the vote by which the motion was
agreed to or disagreed to.
(3) There are hereby authorized to be
appropriated not more than $10,000,000 for the
purpose of paragraph (1) of this subsection to
be available until expended to the Secretary and
to the heads of other departments and agencies
which will be involved.

Acquisitions of Public Lands and
Access Over Non-Federal Lands to
National Forest System Units
Sec. 205 [43 U.S.C. 1715].
(a) Authorization and limitations on authority
of Secretary of the Interior and Secretary
of Agriculture
Notwithstanding any other provisions of law, the
Secretary, with respect to the public lands and
the Secretary of Agriculture, with respect to the
acquisition of access over non-Federal lands to
units of the National Forest System, are authorized
to acquire pursuant to this Act by purchase,
exchange, donation, or eminent domain, lands or
interests therein: Provided, That with respect to the
public lands, the Secretary may exercise the power
of eminent domain only if necessary to secure
access to public lands, and then only if the lands
so acquired are 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 landuse 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) of this section
[Pub. L. No. 99-632, 1986], lands and interests in lands
acquired by the Secretary pursuant to this section
or section 206 shall, upon acceptance of title,
become public lands, and, for the administration
of public land laws not repealed by this Act, shall
remain public lands. If such acquired lands or
interests in lands are located within the exterior
boundaries of a grazing district established
pursuant to section 315 of this title, they shall
become a part of that district. Lands and interests
in lands acquired pursuant to this section which
are within boundaries of the National Forest
System may be transferred to the Secretary of
Agriculture and shall then become National Forest
System lands and subject to all the laws, rules, and
regulations applicable thereto.
(d) Status of lands and interests in lands upon
acquisition by Secretary of Agriculture
Lands and interests in lands acquired by the
Secretary of Agriculture pursuant to this section
shall, upon acceptance of title, become National
Forest System lands subject to all the laws, rules,
and regulations applicable thereto.
(e) Status and administration of lands acquired in
exchange for lands revested in or reconveyed to
United States
Lands acquired by the Secretary pursuant to this
section or section 206 [43 U.S.C. 1716] in exchange
for lands which were revested in the United States
pursuant to the provisions of the Act of June 9, 1916
(39 Stat. 218) or reconveyed to the United States

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

pursuant to the provisions of the Act of February 26,
1919 (40 Stat. 1179) [16 U.S.C. 342], shall be considered
for all purposes to have the same status as, and
shall be administered in accordance with the same
provisions of law applicable to, the revested or
reconveyed lands exchanged for the lands acquired
by the Secretary [Pub. L. No. 99-632, 1986].

Exchanges of Public Lands or
Interests Therein within the
National Forest System
Sec. 206 [43 U.S.C. 1716].
(a) Authorization and limitations on authority
of Secretary of the Interior and Secretary
of Agriculture
A tract of public land or interests therein may be
disposed of by exchange by the Secretary under
this Act and a tract of land or interests therein
within the National Forest System may be disposed
of by exchange by the Secretary of Agriculture
under applicable law where the Secretary
concerned determines that the public interest
will be well served by making that exchange:
Provided, That when considering public interest the
Secretary concerned shall give full consideration
to better Federal land management and the needs
of State and local people, including needs for
lands for the economy, community expansion,
recreation areas, food, 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) of this section or by section 205(a)
of this Act, the Secretary concerned [Pub. L.
No. 100-409, 1988] may accept title to any nonFederal land or interests therein in exchange
for such land, or interests therein which [the

Secretary] finds proper for transfer out of Federal
ownership and which are located in the same
State as the non-Federal land or interest to be
acquired. For the purposes of this subsection,
unsurveyed school sections which, upon survey
by the Secretary, would become State lands,
shall be considered as “non-Federal lands”. The
values of the lands exchanged by the Secretary
under this Act and by the Secretary of Agriculture
under applicable law relating to lands within the
National Forest System either shall be equal, or if
they are not equal, the values shall be equalized
by the payment of money to the grantor or to
the Secretary concerned as the circumstances
require so long as payment does not exceed 25 per
centum of the total value of the lands or interests
transferred out of Federal ownership. The Secretary
concerned and the other party or parties involved
in the exchange may mutually agree to waive the
requirement for the payment of money to equalize
values where the Secretary concerned determines
that the exchange will be expedited thereby and that
the public interest will be better served by such a
waiver of cash equalization payments and where the
amount to be waived is no more than 3 per centum of
the value of the lands being transferred out of Federal
ownership or $15,000, whichever is less, except that
the Secretary of Agriculture shall not agree to waive
any such requirement for payment of money to the
United States [Pub. L. No. 100-409, 1988]. The Secretary
concerned shall try to reduce the amount of the
payment of money to as small an amount as possible.
(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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

a part of the unit or area within which they are
located, without further action by the Secretary, and
shall thereafter be managed in accordance with all
laws, rules, and regulations applicable to such unit or
area [Pub. L. No. 100-409, 1988].
(d) Appraisal of land; submission to arbitrator;
determination to proceed or withdraw from
exchange; use of other valuation process;
suspension of deadlines
(1) No later than ninety days after entering into
an agreement to initiate an exchange of land
or interests therein pursuant to this Act or other
applicable law, the Secretary concerned and other
party or parties involved in the exchange shall
arrange for appraisal (to be completed within a
time frame and under such terms as are negotiated
by the parties) of the lands or interests therein
involved in the exchange in accordance with
subsection (f) of this section.
(2) If within one hundred and eighty days after the
submission of an appraisal or appraisals for review
and approval by the Secretary concerned, the
Secretary concerned and the other party or parties
involved cannot agree to accept the 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 [the Secretary] by the American Arbitration
Association for arbitration to be conducted
in accordance with the real estate valuation
arbitration rules of the American Arbitration
Association. Such arbitration shall be binding for a
period of not to exceed two years on the Secretary
concerned and the other party or parties involved
in the exchange insofar as concerns the value of
the lands which were the subject of the appraisal
or appraisals.
(3) Within thirty days after the completion of the
arbitration, the Secretary concerned and the other
party or parties involved in the exchange shall
determine whether to proceed with the exchange,
modify the exchange to 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, the Secretary concerned and the other
party or parties involved in an exchange may
mutually agree to employ a process of bargaining
or some other process to determine the values of
the properties involved in the exchange.
(5) The Secretary concerned and the other party
or parties involved in an exchange may mutually
agree to suspend or modify any of the deadlines
contained in this subsection.
(e) Simultaneous issue of patents or titles
Unless mutually agreed otherwise by the Secretary
concerned and the other party or parties involved in
an exchange pursuant to this Act or other applicable
law, all patents or titles to be issued for lands or
interests therein to be acquired by the Federal
Government and lands or interests therein to be
transferred out of Federal ownership shall be issued
simultaneously after the Secretary concerned has
taken any necessary steps to assure that the United
States will receive acceptable title.
(f) New rules and regulations; appraisal rules and
regulations; “costs and other responsibilities or
requirements” 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 –

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(A) ensure that the same nationally approved
appraisal standards are used in appraising
lands or interests therein being acquired by the
Federal Government and appraising lands or
interests therein being transferred out of Federal
ownership; and
(B) with respect to costs or other responsibilities or
requirements associated with land exchanges –
(i) recognize that the parties involved in
an exchange may mutually agree that
one party (or parties) will assume, without
compensation, all or part of certain costs or
other responsibilities or requirements ordinarily
borne by the other party or parties; and
(ii) also permit the Secretary concerned,
where such Secretary determines it is in the
public interest and it is in the best interest of
consummating an exchange pursuant to this
Act or other applicable law, and upon mutual
agreement of the parties, to make adjustments
to the relative values involved in an exchange
transaction in order to compensate a party or
parties to the exchange for assuming costs or
other responsibilities or requirements which
would ordinarily be borne by the other party
or parties.
As used in this subparagraph, the term “costs
or other responsibilities or requirements” shall
include, but not be limited to, costs or other
requirements associated with land surveys
and appraisals, mineral examinations, title
searches, archeological surveys and salvage,
removal of encumbrances, arbitration
pursuant to subsection (d) of this section,
curing 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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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. No. 100-409, 1988].
[A statement of congressional findings and purposes related to this
section is found, alongside various amendments to the section, in
Pub. L. No. 100-409, § 2, 102 Stat. 1086, 1086-1087 (1988).]

Qualifications of Conveyees
Sec. 207 [43 U.S.C. 1717]. No tract of land may
be disposed of under this Act, whether by sale,
exchange, or donation, to any person who is not
a citizen of the United States, or in the case of a
corporation, is not subject to the laws of any State or
of the United States.

Documents of Conveyance; Terms,
Covenants, etc.
Sec. 208 [43 U.S.C. 1718]. The Secretary shall issue all
patents or other documents of conveyance after
any disposal authorized by this Act. The Secretary
shall insert in any such patent or other document
of conveyance [he or she] issues, except in the
case of land exchanges, for which the provisions of
subsection 206 (b) of this Act shall apply, such terms,
covenants, conditions, and reservations as [the
Secretary] deems necessary to insure proper land
use and protection of the public interest: Provided,
That a conveyance of lands by the Secretary,
subject to such terms, covenants, conditions, and
reservations, shall not exempt the grantee from
compliance with applicable Federal or State law
or State land use plans: Provided further, That the
Secretary shall not make conveyances of public lands
containing terms and conditions which would, at the
time of the conveyance, constitute a violation of any
law or regulation pursuant to State and local land
use plans, or programs.

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Mineral Interests; Reservation
and Conveyance Requirements
and Procedures
Sec. 209 [43 U.S.C. 1719].
(a) All conveyances of title issued by the Secretary,
except those involving land exchanges provided
for in section 206 of this Act, shall reserve to the
United States all minerals in the lands, together
with the right to prospect for, mine, and remove
the minerals under applicable law and such
regulations as the Secretary may prescribe, except
that if the Secretary makes the 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) of this section.
(b) (1) The Secretary, after consultation with the
appropriate department or agency head, may
convey mineral interests owned by the United
States where the surface is or will be in nonFederal ownership, regardless of which Federal
entity may have administered the surface, if
[the Secretary] 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
[the Secretary] 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.

Coordination by Secretary of
the Interior with State and Local
Governments
Sec. 210 [43 U.S.C. 1720]. At least sixty days prior
to offering for sale or otherwise conveying public
lands under this Act, the Secretary shall notify the
Governor of the State within which such lands
are located and the head of the governing body
of any political subdivision of the State having
zoning or other land use regulatory jurisdiction in
the 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.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

Conveyances of Public Lands to
States, Local Governments, etc.
Sec. 211 [43 U.S.C. 1721].
(a) Unsurveyed islands; authorization and
limitations on authority
The Secretary is hereby authorized to convey to
States or their political subdivisions under the
Recreation and Public Purposes Act (44 Stat. 741
as amended; 43 U.S.C. 869 et seq.), as amended,
but without regard to the acreage limitations
contained therein, unsurveyed islands determined
by the Secretary to be public lands of the United
States. The conveyance of any such island may
be made without survey: Provided, however, That
such island may be surveyed at the request of the
applicant State or its political subdivision if such
State or subdivision donates money or services
to the Secretary for such survey, the Secretary
accepts such money or services, and such services
are conducted pursuant to criteria established by
the Director of the Bureau of Land Management.
Any such island so surveyed shall not be conveyed
without approval of such survey by the Secretary
prior to the conveyance.
(b) Omitted lands; authorization and limitations
on authority
(1) The Secretary is authorized to convey to
States and their political subdivisions under
the Recreation and Public Purposes Act
[43 U.S.C. 869 to 869-4], but without regard to
the acreage limitations contained therein, lands
other than islands determined by [the Secretary]
after survey to be public lands of the United
States erroneously or fraudulently omitted from
the original surveys (hereinafter referred to as
“omitted lands”). Any such conveyance shall
not be made without a survey: Provided, That
the prospective recipient may donate money
or services to the Secretary for the surveying
necessary prior to conveyance if the Secretary
accepts such money or services, such services
are conducted pursuant to criteria established by
the Director of the Bureau of Land Management,
and such survey is approved by the Secretary
prior to the conveyance.

(2) The Secretary is authorized to convey to
the occupant of any omitted lands which, after
survey, are found to have been occupied and
developed for a 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 210 of this Act shall
be applicable to all conveyances under this section.
(d) Applicability of other statutory requirements
for authorized use of conveyed lands
The 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.

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(f) Applicability to lands within National Forest
System, National Park System, National Wildlife
Refuge System, and National Wild and Scenic
Rivers System
The provisions of this section shall not apply
to any lands within the National Forest System,
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.

Recreation and Public Purposes Act
Sec. 212. The Recreation and Public Purposes Act of
1926 (44 Stat. 741, as amended; 43 U.S.C. 869-4), as
amended, is further amended as follows:
(a) The second sentence of subsection (a) of
the first section of that Act (43 U.S.C. 869(a)) is
amended to read as follows: “Before the land may
be disposed of under this Act it must be shown to
the satisfaction of the Secretary that the land is to
be used for an established or definitely proposed
project, that the land involved is not of national
significance nor more than is reasonably necessary
for the proposed use, and that for proposals of
over 640 acres comprehensive land use plans and
zoning regulations applicable to the area in which
the public lands to be disposed of are located
have been adopted by the appropriate State or
local authority. The Secretary shall provide an
opportunity for participation by affected citizens in
disposals under this Act, including public hearings
or meetings where [the Secretary] deems it
appropriate to provide public comments, and shall
hold at least one public meeting on any proposed
disposal of more than six hundred forty acres
under this Act.”
(b) Subsection (b)(i) of the first section of that Act
(43 U.S.C. 869(b)) is amended to read as follows:

“(b) Conveyances made in any one calendar year
shall be limited as follows:
“(i) For recreational purposes:
“(A) To any State or the State park agency or
any other agency having jurisdiction over the
State park system of such State designated
by the Governor of that State as its sole
representative for acceptance of lands under
this provision, hereinafter referred to as the
State, or to any political subdivision of such
State, six thousand four hundred acres, and
such additional acreage as may be needed for
small roadside parks and rest sites of not more
than ten acres each.
“(B) To any nonprofit corporation or nonprofit
association, six hundred and forty acres.
“(C) No more than twenty-five thousand
six hundred acres may be conveyed for
recreational purposes under this Act in any
one State per calendar year. Should any State
or political subdivision, however, fail to secure,
in any one year, six thousand four hundred
acres, not counting lands for small roadside
parks and rest sites, conveyances may be made
thereafter if pursuant to an application on file
with the Secretary of the Interior on or before
the last day of said year and to the extent that
the conveyance would not have exceeded the
limitations of said year.”
(c) Section 2(a) of that Act (43 U.S.C. 869–1) is
amended by inserting “or recreational purposes”
immediately after “historic-monument purposes”.
(d) Section 2(b) of that Act (43 U.S.C. 869–1) is
amended by adding “, except that leases of such
lands for recreational purposes shall be made
without monetary consideration” after the ph[r]ase
“reasonable annual rental”.

National Forest Townsites
Sec. 213. The Act of July 31, 1958 (72 Stat. 438,
7 U.S.C. 1012a, 16 U.S.C. 478a), is amended to read
as follows: “When the Secretary of Agriculture

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

determines that a tract of National Forest System
land in Alaska or in the eleven contiguous Western
States is located adjacent to or contiguous to an
established community, and that transfer of such
land would serve indigenous community objectives
that outweigh the public objectives and values
which would be served by maintaining such tract
in Federal ownership, [the Secretary] may, upon
application, set aside and designate as a townsite an
area of not to exceed six hundred and forty acres of
National Forest System land for any one application.
After public notice, and satisfactory showing of
need therefor by any county, city, or other local
governmental subdivision, the Secretary may offer
such area for sale to a governmental subdivision at
a price not less than the fair market value thereof:
Provided, however, That the Secretary may condition
conveyances of townsites upon the enactment,
maintenance, and enforcement of a valid ordinance
which assures any land so conveyed will be
controlled by the governmental subdivision so that
use of the area will not interfere with the protection,
management, and development of adjacent or
contiguous National Forest System lands.”

Sale of Public Lands Subject to
Unintentional Trespass
Sec. 214 [43 U.S.C. 1722].
(a) Preference right of contiguous landowners;
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 or
she] approves for sale under the criteria prescribed
by the 1968 Act, [the Secretary] 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
[the Secretary] 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. [The Secretary] will
also notify the President of the Senate and the
Speaker of the House of Representatives of the
lands which [the Secretary] has determined not to
sell pursuant to paragraph (a) of this section and
the reasons therefor. With respect to such lands
which the Secretary determined not to sell, [he
or she] shall take no other action to convey those
lands or interests in them before the end of ninety
days (not counting days on which the House of
Representatives or the Senate has adjourned for
more than three consecutive days) beginning on
the date the Secretary has submitted such notice
to the Senate and House of Representatives.
If, during that ninety-day period, the Congress
adopts a concurrent resolution stating the length
of time such suspension of action should continue,
[the Secretary] shall continue such suspension
for the 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

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

reprinted, or has been discharged from further
consideration of a resolution, it shall at any time
thereafter be in order (even though a previous
motion to the same 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 [the Secretary] has
determined to sell thereunder.

Temporary Revocation Authority
Sec. 215 [43 U.S.C. 1723].
(a) Exchange involved
When the sole impediment to consummation of an
exchange of lands or interests therein (hereinafter
referred to as an exchange) determined to be in the
public interest, is the inability of the Secretary of
the Interior to revoke, modify, or terminate part or
all of a withdrawal or 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 204,
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 [Pub. L. No. 103-437, 1994] of the House
of Representatives and the Committee on Energy and
Natural Resources of the United States Senate a report
which includes –
(A) a 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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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) of this section, or as constituting an
expression of congressional opinion with respect
to the merits of any allegation, contention, or
argument made or issue raised by any party in
such action, or as expanding or diminishing the
jurisdiction of the United States District Court for
the District of Columbia.
(2) Except as 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) of this section may not
be considered by the Secretary of the Interior in
making a determination pursuant to this Act or
other applicable law as to whether or not any
proposed exchange is in the public interest.
(d) Termination
The authority specified in subsection (a) of this
section shall expire either (1) on December 31,
1990, or (2) when the Court order (or subsequent
modification or continuation thereof) specified in
subsection (a) of this section is no longer in effect,
whichever occurs first [Pub. L. No. 100-409, 1988].
[The termination clause in subsection (d) was satisfied on
November 4, 1988, when the 1986 preliminary injunction order
specified in subsection (a) was vacated by the District Court in
National Wildlife Federation v. Burford, 699 F. Supp. 327, 332
(D.D.C. 1988).]

23

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

TITLE III
ADMINISTRATION
Bureau of Land Management
Sec. 301 [43 U.S.C. 1731].
(a) Director; appointment, qualifications,
functions, and duties
The Bureau of Land Management established
by Reorganization Plan Numbered 3, of 1946
[11 Fed. Reg. 7875 (July 20, 1946), 60 Stat. 1097, 5 U.S.C.
App.] shall have as its head a Director.

Appointments to the position of Director shall
hereafter be made by the President, by and with
the advice and consent of the Senate. The Director
of the Bureau shall have a broad background and
substantial experience in public land and natural
resource management. [The Director] shall carry
out such functions and shall perform such duties
as the Secretary may prescribe with respect to the
management of lands and resources under [the
Secretary’s] jurisdiction according to the applicable
provisions of this Act and any other applicable law.
(b) Statutory transfer of functions, powers and
duties relating to administration of laws
Subject to the discretion granted to [the Secretary]
by Reorganization Plan Numbered 3 of 1950
[15 Fed. Reg. 3174 (May 29, 1950), 64 Stat. 1262,
43 U.S.C. 1451 note], the Secretary shall carry out

through the Bureau all functions, powers, and
duties vested in [him or her] and relating to the
administration of laws which, on October 21,
1976, were carried out by [the Secretary] through
the Bureau of Land Management established by
section 403 of Reorganization Plan Numbered 3
of 1946. The Bureau shall administer such laws
according to the provisions thereof existing as of
October 21, 1976, as 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,
United States Code, governing appointments
in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
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 or her] through the
Bureau on October 21, 1976.
[Congress has specified that “appropriations . . . made [for the
BLM], in fiscal year 1993 and thereafter, may be expended for
surveys of Federal lands and on a reimbursable basis for surveys of
Federal lands and for protection of lands for the State of Alaska.”
Pub. L. No. 102-381, tit. I, 106 Stat. 1374, 1378 (1992), codified at
43 U.S.C. § 1731 note.]

Management of Use, Occupancy,
and Development of Public Lands
Sec. 302 [43 U.S.C. 1732].
(a) Multiple use and sustained yield
requirements applicable; exception
The Secretary shall manage the public lands under
principles of multiple use and sustained yield, in
accordance with the land use plans developed
by [the Secretary] under section 202 of this Act

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

when they are available, except that where a tract
of such public land has been dedicated to 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 507 of this Act, withdrawals under
section 204 of this Act, and, where the proposed
use and development are similar or closely related
to the programs of the Secretary for the public
lands involved, cooperative agreements under
subsection (b) of section 307 of this Act: Provided
further, That nothing in this Act shall be construed
as authorizing the Secretary concerned to require
Federal permits to hunt and 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 314, section 603, and subsection (f ) of
section 601 of this Act and in the last sentence of
this paragraph, no provision of this section or any
other section of this Act shall in any way amend
the Mining Law of 1872 or impair the rights of
any locators or claims under that Act, including,
but not limited to, rights of ingress and egress. In
managing the public lands the Secretary shall, by
regulation or otherwise, take any action necessary
to prevent unnecessary or undue degradation of
the lands.
(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 or she] 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 or she] determines
that such a suspension is necessary to protect
health or safety or the environment: Provided
further, That, where other applicable law contains
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.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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 202
of this Act. Each such use shall be subject to a
requirement that the using department shall
be responsible for any necessary cleanup and
decontamination of the lands used, and to such
other terms and conditions (including but not
limited to restrictions on use of off-road or allterrain 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. No.
100-586, 1988].

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Enforcement Authority
Sec. 303 [43 U.S.C. 1733].
(a) Regulations for implementation
of management, use, and protection
requirements; violations; criminal penalties
The Secretary shall issue regulations necessary to
implement the provisions of this Act with respect
to the management, use, and protection of the
public lands, including the property located
thereon. Any person who knowingly and willfully
violates any such regulation which is lawfully
issued pursuant to this Act shall be 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 [Pub. L. No. 101-650, 1990] designated for that
purpose by the court by which [the magistrate
judge] was appointed, in the same manner and
subject to the same conditions and limitations
as provided for in section 3401 of title 18 of the
United States Code.
[The $1,000 maximum fine under subsection (a) has been
superseded by 18 U.S.C. 3571. That statute provides a
maximum fine of $100,000 for an individual or $200,000 for
an organization, or twice the gross gain to the perpetrator or the
gross loss to the victim, whichever is higher. Penalties may be
even higher if the violation results in death.]

(b) Civil actions by Attorney General for violations
of regulations; nature of relief; jurisdiction
At the request of the Secretary, the Attorney
General may institute a civil action in any United
States district court for an injunction or other
appropriate order to prevent any person from
utilizing public lands in violation of regulations
issued by the Secretary under this Act.
(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 [the Secretary] 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
[they have] reasonable grounds to believe is
being committed in [their] presence or view, or
for a felony if [they have] reasonable grounds
to believe that the person to be arrested has
committed or is committing such felony; search
without warrant or process any person, place, or
conveyance according to any Federal law or rule
of law; and seize without warrant or process any
evidentiary item as provided by Federal law. The
Secretary shall provide such law enforcement
training as [he or she] deems necessary in order
to carry out the contracted for responsibilities.
While exercising the powers and authorities
provided by such contract pursuant to this
section, such law enforcement 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 or her] law enforcement responsibilities
with respect to the public lands and their
resources. Such designated personnel shall
receive the training and have the responsibilities
and authority provided for in paragraph (1) of
this subsection.
(d) Cooperation with regulatory and law
enforcement 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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

such State or subdivision. Such cooperation
may include reimbursement to a State or its
subdivision for expenditures incurred by it
in connection with activities which assist in
the administration and regulation of use and
occupancy of the public lands.
(e) Uniformed desert ranger force in California
Desert Conservation Area; establishment;
enforcement of Federal laws and regulations
Nothing in this section shall prevent the Secretary
from promptly establishing a uniformed desert
ranger force in the California Desert Conservation
Area established pursuant to section 601 of this
Act for the purpose of enforcing Federal laws
and regulations relating to the public lands and
resources managed by [the Secretary] in such area.
The 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.

(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.

Fees, Charges, and Commissions

(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.

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

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

(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.

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

(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.

110 Stat. 3009–181, 3009–182]. 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

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

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.

Forfeitures and Deposits
Sec. 305 [43 U.S.C. 1735].
(a) Credit to separate account in Treasury;
appropriation and availability
Any moneys received by the United States as a
result of the forfeiture of a bond or other security
by a resource developer or purchaser or permittee
who does not fulfill the requirements of [his or
her] contract or permit or does not comply with
the regulations of the Secretary; or as a result of a
compromise or settlement of any claim whether
sounding in tort or in contract involving present
or potential damage to the public lands shall be
credited to a separate account in the Treasury and
are hereby authorized to be appropriated and
made available, until expended as the Secretary
may direct, to cover the cost to the United States
of any improvement, protection, or rehabilitation
work on those public lands which has been
rendered necessary by the action which has led to
the forfeiture, compromise, or settlement.
(b) Expenditure of moneys collected
administering Oregon and California Railroad
and Coos Bay Wagon Road Grant lands
Any moneys collected under this Act in connection
with lands administered under the Act of August 28,
1937 (50 Stat. 874; 43 U.S.C. 1181a- 1181j), shall be
expended for the 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.

[Congress has frequently included provisions in the BLM’s annual
appropriations clarifying the purposes for which funds collected
under this section may be used. A typical rider is found in Pub L.
No. 113-235, div. F, title I, 128 Stat. 2130, 2398 (2014), and reads:
“[N]otwithstanding any provision to the contrary of [subsection
(a)], any moneys that have been or will be received pursuant to
[this] section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to [subsection
(c)], shall be available and may be expended . . . by the Secretary
to improve, protect, or rehabilitate any public lands administered
through the Bureau of Land Management which have been
damaged by the action of a resource developer, purchaser, permittee,
or any unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any such
moneys that are in excess of amounts needed to repair damage to
the exact land for which funds were collected may be used to repair
other damaged public lands.” Users should consult the most recent
BLM appropriations act.]

Working Capital Fund
Sec. 306 [43 U.S.C. 1736].
(a) Establishment; availability of fund
There is hereby established a working capital
fund for the management of the public lands.
This fund shall be available without 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
[the Secretary] deems appropriate in connection
with the functions to be carried on through the fund.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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.
Revolving fund derived from disposal of salvage
timber [43 U.S.C. 1736a] [Pub. L. No. 102–381, title I,
Oct. 5, 1992, 106 Stat. 1376]. There is hereby established
in the Treasury of the United States a special fund
to be derived on and after October 5, 1992, from
the Federal share of moneys received from the
disposal of salvage timber prepared for sale from
the lands under the jurisdiction of the Bureau of
Land Management, Department of the Interior.
The money in this fund shall be immediately
available to the Bureau of Land Management
without further appropriation, for the purposes of
planning and preparing salvage timber for disposal,
the administration of salvage timber sales, and
subsequent site preparation and reforestation.
[The provision enacting this section further provided that
“[n]othing in this provision shall alter the formulas currently in
existence by law for the distribution of receipts for the applicable
lands and timber resources.” See Pub. L. No. 102-381, tit. I,
106 Stat. 1374, 1376 (1992).]

Implementation Provisions
Sec. 307 [43 U.S.C. 1737].
(a) Investigations, studies, and experiments
The Secretary may conduct investigations,
studies, and experiments, on [his or her] own
initiative or in cooperation with others, involving
the management, protection, development,
acquisition, and conveying of the public lands.

(b) Contracts and cooperative agreements
Subject to the provisions of applicable law, the
Secretary may enter into contracts and cooperative
agreements involving the management,
protection, development, and sale of public lands.
(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.
[The Secretary] may accept contributions for
cadastral surveying performed on federally
controlled or intermingled lands. Moneys
received hereunder shall be credited to a
separate account in the Treasury and are hereby
authorized to be appropriated and made
available until expended, as the Secretary may
direct, for payment of expenses incident to the
function toward the administration of which
the contributions were made and for refunds
to depositors of amounts contributed by them
in 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.

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(f) Federal employment status of volunteers
Volunteers shall not be deemed employees of
the United States except for the purposes of
[Pub. L. No. 98-540, 1984] –
(1) the tort claims provisions of title 28;
(2) subchapter 1 of chapter 81 of title 5; and
(3) claims relating to damage to, or loss of, personal
property of a volunteer incident to volunteer service,
in which case the provisions of section 3721 of
title 31 shall apply [Pub. L. No. 101-286, 1990].
(g) Authorization of appropriations
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) of this section, but not more than
$250,000 may be appropriated for any one fiscal year
[Pub. L. No. 98-540, 1984].

Contracts for Surveys and Resource
Protection; Renewals; Funding
Requirements
Sec. 308 [43 U.S.C. 1738].
(a) The Secretary is authorized to enter into
contracts for the use of aircraft, and for supplies
and services, prior to the passage of an
appropriation therefor, for airborne cadastral
survey and resource protection operations of the
Bureau. [The Secretary] may renew such contracts
annually, not more than twice, without additional
competition. Such contracts shall obligate funds
for the 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.

Advisory Councils
Sec. 309 [43 U.S.C. 1739].
(a) Establishment; membership; operation
The Secretary shall [Pub. L. No. 95-514, 1978] establish
advisory councils of not less than ten and not more
than fifteen members appointed by [the Secretary]
from among persons who are representative of
the various major citizens’ interests concerning
the problems relating to land use planning or
the management of the public lands located
within the area for which an advisory council is
established. At least one member of each council
shall be an elected 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 the
Federal Advisory Committee Act (86 Stat. 770)
[5 U.S.C. App. §§ 1-16].
(b) Meetings
Notwithstanding the provisions of subsection (a)
of this section, each advisory council established
by the Secretary under this section shall meet at
least once a year with such meetings being called
by the Secretary.
(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 or her] authorities under this
Act, the Secretary, by regulation, shall establish
procedures, including public hearings where

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

appropriate, to give the Federal, State, and local
governments and the public adequate notice and
an opportunity to comment upon the formulation
of standards and criteria for, and to participate in, the
preparation and execution of plans and programs
for, and the management of, the public lands.

Rules and Regulations
Sec. 310 [43 U.S.C. 1740]. The Secretary, with respect
to the public lands, shall promulgate rules and
regulations to carry out the purposes of this Act and
of other laws applicable to the public lands, and the
Secretary of Agriculture, with respect to lands within
the National Forest System, shall promulgate rules
and regulations to carry out the purposes of this Act.
The promulgation of such rules and regulations shall
be governed by the provisions of chapter 5 of title 5
of the United States Code, without regard to
section 553(a)(2). Prior to the promulgation of
such rules and regulations, such lands shall be
administered under existing rules and regulations
concerning such lands to the extent practical.

Annual Reports
Sec. 311 [43 U.S.C. 1741].
(a) Purpose; time for submission
For the purpose of providing information that
will aid Congress in carrying out its oversight
responsibilities for public lands programs and
for other purposes, the Secretary shall prepare a
report in accordance with subsections (b) and (c)
of this section and submit it to the Congress no
later than one hundred and twenty days after the
end of each 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 [Pub. L. No. 103-437, 1994] 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.

Search, Rescue, and Protection
Forces; Emergency Situations
Authorizing Hiring
Sec. 312 [43 U.S.C. 1742]. Where in [the Secretary’s]
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.

Disclosure of Financial Interests by
Officers or Employees
Sec. 313 [43 U.S.C. 1743].
(a) Annual written statement; availability to public
Each officer or employee of the Secretary and the
Bureau who–

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(1) performs any function or duty under this
Act; and

occupying such positions shall be exempt from the
requirements of this section.

(2) has any known financial interest in any
person who

(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.

(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

Recordation of Mining Claims
Sec. 314 [43 U.S.C. 1744].
(a) Filing requirements
The owner of an unpatented lode or placer mining
claim located prior to October 21, 1976, shall,
within the three-year period following
October 21, 1976 and prior to December 31 of
each year thereafter, 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,
[or] 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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

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) of this section shall
be deemed conclusively to constitute an
abandonment of the mining claim or mill or tunnel
site by the owner; but it shall not be considered a
failure to 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.

Disclaimer of Interest in Lands
Sec. 315 [43 U.S.C. 1745].
(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 [the Secretary] determines

(1) a record interest of the United States in
lands has terminated by operation of law or is
otherwise invalid; or
(2) the lands lying between the meander
line shown on a plat of survey approved by
the Bureau or its predecessors and the actual
shoreline of a body of water are not lands of the
United States; or
(3) accreted, relicted, or avulsed lands are not
lands of the United States.
(b) Procedures applicable
No document or disclaimer shall be issued
pursuant to this section unless the applicant
therefor has 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.

Correction of Conveyance
Documents
Sec. 316 [43 U.S.C. 1746]. The Secretary may correct
patents or documents of conveyance issued
pursuant to section 208 of this Act or to other
Acts relating to the disposal of public lands where
necessary in order to eliminate errors. In addition,
the Secretary may make corrections of errors in any
documents of conveyance which have heretofore
been issued by the Federal Government to dispose
of public lands. Any corrections authorized by this
section which affect the boundaries of, or jurisdiction

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

over, land administered by another Federal agency
shall be made only after consultation with, and the
approval of, the head of such other agency
[Pub. L. No. 108-7, 2003].

Mineral Revenues
Sec. 317. [This section has been codified in two separate sections
of the United States Code, 30 U.S.C. 191 and 43 U.S.C. 1747,
each of which has been subsequently amended. For ease of
reference, the two sections are presented here separately, with their
respective subdivisions.]

Disposition of moneys received [30 U.S.C. 191].
(a) In general
All money received from sales, bonuses, royalties
including interest charges collected under the Federal
Oil and Gas Royalty Management Act of 1982
[30 U.S.C. 1701 et seq.], and rentals of the public
lands under the provisions of this chapter and the
Geothermal Steam Act of 1970 [30 U.S.C. 1001 et
seq.], shall be paid into the Treasury of the United
States; and, subject to the provisions of subsection
(b) of this section, 50 per centum thereof shall be
paid by the Secretary of the Treasury to the State
other than Alaska within the boundaries of which
the leased lands or deposits are or were located;
said moneys paid to any of such States on or after
January 1, 1976, to be used by such State and its
subdivisions, as the legislature of the State may
direct giving priority to those subdivisions of
the State socially or economically impacted by
development of minerals leased under this Act, for
(i) planning, (ii) construction and maintenance of
public facilities, and (iii) provision of public service;
and excepting those from Alaska, 40 per centum
thereof shall be paid into, reserved, appropriated,
as part of the reclamation fund created by the
Act of Congress known as the Reclamation Act
[43 U.S.C. 391 note.], approved June 17, 1902, and
of those from Alaska, 90 per centum thereof shall
be paid to the State of Alaska for disposition by
the legislature thereof: Provided, That all moneys
which may accrue to the United States under the
provisions of this Act and the Geothermal Steam
Act of 1970 from lands within the naval petroleum

reserves shall be deposited in the Treasury as
“miscellaneous receipts”, as provided by section
7433(b) of title 10. All moneys received under
the provisions of this Act and the Geothermal
Steam Act of 1970 not otherwise disposed of by
this section shall be credited to miscellaneous
receipts. Payments to States under this section with
respect to any moneys received by the United States,
shall be made not later than the last business day
of the month in which such moneys are warranted
by the United States Treasury to the Secretary as
having been received, except for any portion of such
moneys which is under challenge and placed in a
suspense account pending resolution of a dispute.
Such warrants shall be issued by the United States
Treasury not later than 10 days after receipt of such
moneys by the Treasury. Moneys placed in a suspense
account which are determined to be payable to a
State shall be made not later than the last business
day of the month in which such dispute is resolved.
Any such amount placed in a suspense account
pending resolution shall bear interest until the
dispute is resolved.
(b) Deduction for administrative costs
In determining the amount of payments to the
States under this section, beginning in fiscal year
2014 and for each year thereafter, the amount of
such payments shall be reduced by 2 percent for any
administrative or other costs incurred by the United
States in carrying out the program authorized by
this Act, and the amount of such reduction shall be
deposited to miscellaneous receipts of the Treasury.
(c) Rentals received on or after August 8, 2005
(1) Notwithstanding the first sentence of
subsection (a) of this section, any rentals received
from leases in any State (other than the State
of Alaska) on or after August 8, 2005 shall be
deposited in the Treasury, to be allocated in
accordance with paragraph (2).
(2) Of the amounts deposited in the Treasury under
paragraph (1)—
(A) 50 percent shall be paid by the Secretary of
the Treasury to the State within the boundaries of

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

which the leased land is located or the deposits
were derived; and
(B) 50 percent shall be deposited in a special fund
in the Treasury, to be known as the “BLM Permit
Processing Improvement Fund” (referred to in this
subsection as the “Fund”).
(3) Use of fund
(A) In general
The Fund shall be available to the Secretary
of the Interior for expenditure, without further
appropriation and without fiscal year limitation,
for the coordination and processing of oil and
gas use authorizations on onshore Federal and
Indian trust mineral estate land.

(i) the number of applications for permit to drill
received in a Project office during the previous
fiscal year;
(ii) the backlog of applications described in
clause (i) in a Project office;
(iii) publicly available industry forecasts for
development of oil and gas resources under
the jurisdiction of a Project office; and
(iv) any opportunities for partnership with
local industry organizations and educational
institutions in developing training programs to
facilitate the coordination and processing of oil
and gas use authorizations.
(5) Fee account

(B) Accounts
The Secretary shall divide the Fund into—
(i) a Rental Account (referred to in this
subsection as the “Rental Account”) comprised of
rental receipts collected under this section; and
(ii) a Fee Account (referred to in this subsection
as the “Fee Account”) comprised of fees
collected under subsection (d).
(4) Rental account
(A) In general
The Secretary shall use the Rental Account for—
(i) the coordination and processing of oil and
gas use authorizations on onshore Federal
and Indian trust mineral estate land under
the jurisdiction of the Project offices identified
under section 365(d) of the Energy Policy Act of
2005 (42 U.S.C. 15924(d)); and
(ii) training programs for development
of expertise related to coordinating and
processing oil and gas use authorizations.
(B) Allocation
In determining the allocation of the Rental
Account among Project offices for a fiscal year,
the Secretary shall consider—

(A) In general
The Secretary shall use the Fee Account for the
coordination and processing of oil and gas use
authorizations on onshore Federal and Indian
trust mineral estate land.
(B) Allocation
The Secretary shall transfer not less than
75 percent of the revenues collected by an office
for the processing of applications for permits to
the State office of the State in which the fees were
collected.
(d) BLM oil and gas permit processing fee
(1) In general
Notwithstanding any other provision of law,
for each of fiscal years 2016 through 2026, the
Secretary, acting through the Director of the
Bureau of Land Management, shall collect a fee
for each new application for a permit to drill that is
submitted to the Secretary.
(2) Amount
The amount of the fee shall be $ 9,500 for each new
application, as indexed for United States dollar
inflation from October 1, 2015 (as measured by the
Consumer Price Index).

37

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(3) Use
Of the fees collected under this subsection for a
fiscal year, the Secretary shall transfer—
(A) for each of fiscal years 2016 through 2019—
(i) 15 percent to the field offices that collected
the fees and used to process protests, leases,
and permits under this Act, subject to
appropriation; and
(ii) 85 percent to the BLM Permit Processing
Improvement Fund established under
subsection (c)(2)(B) (referred to in this
subsection as the “Fund”); and
(B) for each of fiscal years 2020 through 2026, all
of the fees to the Fund.
(4) Additional costs
During each of fiscal years of 2016 through 2026,
the Secretary shall not implement a rulemaking
that would enable an increase in fees to recover
additional costs related to processing applications
for permits to drill [Pub. L. No. 97-451, 1983; Pub. L.
No. 100-203, 1987; Pub. L. No. 100-443, 1988; Pub. L.
No. 103-66, 1993; Pub. L. No. 106-393, 2000; Pub. L.
No. 109-58, 2005; Pub. L. No. 113-67, 2013; Pub. L.

by that State pursuant to section 35 of the Act of
February 25, 1920, as amended [30 U.S.C. 191], for
the ten years following.
(3) Allocation
The Secretary, after consultation with the
Governors of the 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) Terms and conditions
Loans made pursuant to this section shall be
subject to such terms and conditions as the
Secretary determines necessary to assure the
achievement of the purpose of this section. The
Secretary shall promulgate such regulations as
may be necessary to carry out the provisions
of this section no later than three months after
August 20, 1978.
(5) Interest rate
Loans made pursuant to this subsection shall bear
interest equivalent to the lowest interest rate paid
on an issue of at least $1,000,000 of tax exempt
bonds of such State or any agency thereof within
the preceding calendar year.

No. 113-291, 2014].

Loans to States and political subdivisions
[43 U.S.C. 1747].
(1) Purposes
The Secretary is authorized to make loans to
States and their political subdivisions in order to
relieve social or economic impacts occasioned
by the development of minerals leased in such
States pursuant to the Act of February 25, 1920,
as amended [30 U.S.C. 181 et seq.]. Such loans
shall be 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) Amounts
The total amount of loans outstanding pursuant to
this section for any State and political subdivisions
thereof in any year shall be not more than the
anticipated mineral leasing revenues to be received

(6) Security
Any loan made pursuant to this subsection shall be
secured only by a pledge of the revenues received
by the State or the political subdivision thereof
pursuant to section 35 of the Act of February 25,
1920, as amended [30 U.S.C. 191], and shall not
constitute an obligation upon the general property
or taxing authority of such unit of government.
(7) Limitations
Notwithstanding any other provision of law, loans
made pursuant to this subsection may be used for
the non-Federal share of the aggregate cost of any
project or program otherwise funded by the Federal
Government which requires a non-Federal share
for such project or program and which provides
planning or public facilities otherwise eligible for
assistance under this section.
(8) Forebearance for benefit of borrowers
Nothing in this subsection shall be construed to

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

preclude any forebearance 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) Recordkeeping requirements
Recipients of loans made pursuant to this section
shall keep such records as the Secretary shall
prescribe by regulation, including records which
fully disclose the disposition of the proceeds of
such assistance and such other records as the
Secretary may require to facilitate an 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) Discrimination prohibited
No person in the United States shall, on the
grounds of race, color, religion, national origin, or
sex be excluded from participation in, be denied
the 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) Deposit of receipts
All amounts collected in connection with loans
made pursuant to this section, including interest
payments or repayments of principal on loans,
fees, and other moneys, derived in connection with
this section, shall be deposited in the Treasury as
miscellaneous receipts [Pub. L. No. 95-352, 1978].
[The official 43 U.S.C. 1747 contains a section heading and
11 subsection headings displayed together. For ease of reading,
these headings were divided up and placed with the appropriate text
in each subsection.]

Funding Requirements
Sec. 318 [43 U.S.C. 1748].
(a) Authorization of appropriations
There are authorized to be appropriated such
sums as are necessary to carry out the purposes
and provisions of this Act, but no amounts shall
be appropriated to carry out after October 1, 2002
[Pub. L. No. 104-333, 1996], any program, function,

or activity of the Bureau under this or any other
Act unless such sums are 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 or her]
request, in addition to the information contained
in [the Secretary’s] budget request and justification
statement to the Office of Management and Budget,
the funding levels which [the Secretary] determines
can be efficiently and effectively utilized in the
execution of [his or her] responsibilities for each
such program, function, or activity, notwithstanding
any budget guidelines or limitations imposed by any
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 subsection (a) of section 205 of this
Act, the Secretary may use the Land and Water
Conservation Fund to purchase lands which are
necessary for proper management of public
lands which are primarily of value for outdoor
recreation purposes.

39

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

FLAME Wildfire Suppression Reserve Funds
[43 U.S.C. 1748a] [Pub. L. 111–88, div. A, title V, § 502, Oct. 30,
2009, 123 Stat. 2968].

(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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

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.

41

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

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.
Cohesive wildfire management strategy
[43 U.S.C. 1748b] [Pub. L. 111–88, div. A, title V, § 503, Oct. 30,
2009, 123 Stat. 2971].

(a) Strategy required
Not later than one year after October 30, 2009,
the Secretary of the Interior and the Secretary
of Agriculture, acting jointly, shall submit to
Congress a report that contains a cohesive
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.

43

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

TITLE IV
RANGE MANAGEMENT
Grazing Fees
Sec. 401 [43 U.S.C. 1751].
(a) Feasibility study; contents; submission
of report
The Secretary of Agriculture and the Secretary of
the Interior shall jointly cause to be conducted
a study to determine the value of grazing on
the lands under their jurisdiction in the eleven
Western States with a view to establishing a fee
to be charged for domestic livestock grazing
on such lands which is equitable to the United
States and to the holders of grazing permits and
leases on such lands. In making such study, the
Secretaries shall take into consideration the costs
of production normally associated with domestic
livestock grazing in the eleven Western States,
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) Annual distribution and use of range
betterment funds; nature of distributions
(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
[Pub. L. No. 95-514, 1978] of all moneys received by
the United States as fees for grazing domestic
livestock on public lands (other than from ceded
Indian lands) under the Taylor Grazing Act
(48 Stat. 1269; 43 U.S.C. 315 et seq.) and the Act
of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181d),
and on lands in National Forests in the sixteen
[Pub. L. No. 95-514, 1978] contiguous Western
States under the provisions of this section
shall be credited to a separate account in the
Treasury, one-half of which is authorized to be
appropriated and made available for use in the
district, region, or national forest from which
such moneys were derived, as the respective
Secretary may direct after consultation with
district, regional, or national forest user
representatives, for the purpose of on-theground 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,

45

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

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) of title 42 of the
United States Code.

(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–

(2) All distributions of moneys made under
subsection (b) (1) of this section shall be in
addition to distributions made under section 10
of the Taylor Grazing Act [43 U.S.C. 315i] and
shall not apply to distribution of moneys made
under section 11 of that Act [43 U.S.C. 315j]. The
remaining moneys received by the United States
as fees for grazing domestic livestock on the
public lands shall be deposited in the Treasury
as miscellaneous receipts.

(3) it will be in the best interest of sound
land management to specify a shorter term:
Provided, That the absence from an allotment
management plan of details the Secretary
concerned would like to include but which
are undeveloped shall not be the basis for
establishing a term shorter than ten years:
Provided further, That the absence of completed
land use plans or court ordered environmental
statements shall not be the sole basis for
establishing a term shorter than ten years unless
the Secretary determines on a case-by-case basis
that the information to be contained in such land
use plan or court ordered environmental impact
statement is necessary to determine whether a
shorter term should be established for any of the
reasons set forth in items (1) through (3) of this
subsection [Pub. L. No. 95-514, 1978].

[The original 43 U.S.C. 1751 contains a section heading and
multiple subheadings displayed together. For ease of reading, these
headings were divided up and placed with the appropriate text.]

Grazing Leases and Permits
Sec. 402 [43 U.S.C. 1752].
(a) Terms and conditions
Except as provided in subsection (b) of this section,
permits and leases for domestic livestock grazing
on public lands issued by the Secretary under the
Act of June 28, 1934 (48 Stat. 1269, as amended;
43 U.S.C. 315 et seq.) or the Act of August 28, 1937
(50 Stat. 874, as amended; 43 U.S.C. 1181a-1181j),
or by the Secretary of Agriculture, with respect to
lands within National Forests in the sixteen [Pub. L.
No. 95-514, 1978] contiguous Western States, shall
be for a term of ten years subject to such terms
and conditions the Secretary concerned deems
appropriate and consistent with the governing
law, including, but not limited to, the authority of
the Secretary concerned to cancel, suspend, or
modify a grazing permit or lease, in whole or in
part, pursuant to the terms and conditions thereof,
or to cancel or suspend a grazing permit or lease
for any violation of a grazing regulation or of any
term or condition of such grazing permit or lease.

(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

(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) [Pub. L. No. 113–291,
2014] the lands for which the permit or lease is
issued remain available for domestic livestock
grazing in accordance with land use plans
prepared pursuant to section 1712 of this title
or section 1604 of title 16, (B) [Pub. L. No. 113–291,
2014] the permittee or lessee is in compliance
with the rules and regulations issued and the
terms and conditions in the permit or lease
specified by the Secretary concerned, and
(C) [Pub. L. No. 113–291, 2014] 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.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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 [Pub. L.
No. 113–291, 2014].
(d) Allotment management plan requirements
All permits and leases for domestic livestock
grazing issued pursuant to this section may
incorporate an allotment management plan
developed by the Secretary concerned. However,
nothing in this subsection shall be construed to
supersede any requirement for completion of court
ordered environmental impact statements prior
to development and incorporation of allotment
management plans. If the Secretary concerned
elects to develop an allotment management plan
for a given area, [the Secretary] shall do so in
careful and considered consultation, cooperation
and coordination with the lessees, permittees, and
landowners involved, the district grazing advisory
boards established pursuant to section 403 of this
Act, and any State or States having lands within the
area to be covered by such allotment management
plan. Allotment management plans shall be tailored
to the 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.)” [Pub. L. No. 95-514, 1978].
(e) Omission of allotment management plan
requirements and incorporation of appropriate
terms and conditions; reexamination of range
conditions
In [Pub. L. No. 95-514, 1978] all cases where the
Secretary concerned has not completed an
allotment management plan or determines that
an allotment management plan is not necessary
for management of livestock operations and
will not be prepared, the Secretary concerned
shall incorporate in grazing permits and leases
such terms and conditions as [he or she] deems
appropriate for management of the permitted
or leased lands pursuant to applicable law. The
Secretary concerned shall also specify therein the
numbers of animals to be grazed and the seasons
of use and that [the Secretary] may reexamine
the condition of the range at any time and, if [he
or she] 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 or her] 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

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

from decisions which specify the terms and
conditions of allotment management plans. The
preceding sentence of this subsection shall not
be construed as limiting any other right of appeal
from decisions of such 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 or her] interest in authorized
permanent improvements placed or constructed
by the permittee or lessee on lands covered by
such permit or lease, but not to exceed the fair
market value of the terminated portion of the
permittee’s or lessee’s interest therein. Except in
cases of emergency, no permit or lease shall be
canceled under this subsection without two years’
prior 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

(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

(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—

(2) the available funding for the environmental
analysis [Pub. L. No. 113–291, 2014].
(j) [Pub. L. No. 113–291, 2014] Applicability of
provisions to rights, etc., in or to public lands or
lands in National Forests
Nothing in this Act shall be construed as modifying
in any way law existing on October 21, 1976 with
respect to the creation of right, title, interest or
estate in or to public lands or lands in National
Forests by issuance of grazing permits and leases.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

Grazing Advisory Boards
[As indicated in subsection (f ), this section has expired, and the
Department no longer maintains grazing advisory boards. Resource
advisory councils are addressed separately, in section 309.]

Sec. 403 [43 U.S.C. 1753].
(a) Establishment; maintenance
For each Bureau district office and National Forest
headquarters office in the sixteen [Pub. L. No. 95-514,
1978] contiguous Western States having jurisdiction
over more than five hundred thousand acres of
lands subject to commercial livestock grazing
(hereinafter in this section referred to as “office”),
the Secretary and the Secretary of Agriculture,
upon the petition of a simple majority of the
livestock lessees and permittees under the
jurisdiction of such office, shall establish and
maintain at least one grazing advisory board of not
more than fifteen advisers.
(b) Functions
The function of grazing advisory boards
established pursuant to this section shall be
to offer advice and make recommendations to
the head of the office involved concerning the
development of allotment management plans and
the utilization of range-betterment funds.
(c) Appointment and terms of members
The number of advisers on each board and the
number of years an adviser may serve shall be
determined by the Secretary concerned in [his or
her] discretion. Each board shall consist of livestock
representatives who shall be lessees or permittees
in the area administered by the office concerned
and shall be chosen by the lessees and permittees
in the area through an election prescribed by the
Secretary concerned.
(d) Meetings
Each grazing advisory board shall meet at least
once annually.

(e) Federal Advisory Committee Act
applicability
Except as may be otherwise provided by this
section, the provisions of the Federal Advisory
Committee Act (86 Stat. 770) [5 U.S.C. App. §§ 1-16]
shall apply to grazing advisory boards.
(f) Expiration date
The provisions of this section shall expire
December 31, 1985.

Transportation of Captured
Animals; Procedures and
Prohibitions Applicable
Sec. 404 [16 U.S.C. 1338a]. In administering this
chapter [i.e., the Wild Free-Roaming Horses and Burros
Act], the Secretary may use or contract for the use
of helicopters or, for the purpose of transporting
captured animals, motor vehicles. Such use shall be
undertaken only after a public hearing and under
the direct supervision of the Secretary or of a duly
authorized official or employee of the Department.
The provisions of section 47(a) of title 18 shall not
be applicable to such use. Such use shall be in
accordance with humane procedures prescribed
by the Secretary. Nothing in this chapter shall be
deemed to limit the authority of the Secretary in the
management of units of the National Park System,
and the Secretary may, without regard either to the
provisions of this chapter, or the provisions of
section 47(a) of title 18, use motor vehicles, fixed-wing
aircraft, or helicopters, or to contract for such use, in
furtherance of the management of the National Park
System, and section 47(a) of title 18 shall be applicable
to such use [Pub. L. No. 104-333, 1996].

49

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

TITLE V
RIGHTS-OF-WAY
Grant, Issue, or Renewal of
Rights-of-Way
Sec. 501 [43 U.S.C. 1761].
(a) Authorized purposes
The Secretary, with respect to the public lands
(including public lands, as defined in section 103(e)
of this Act, which are reserved from entry pursuant to
section 24 of the Federal Power Act (16 U.S.C. 818))
[Pub. L. No. 102-486, 1992] and, the Secretary of
Agriculture, with respect to lands within the
National Forest System (except in each case land
designated as wilderness), are authorized to grant,
issue, or renew rights-of-way over, upon, under, or
through such lands for–
(1) reservoirs, canals, ditches, 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 I thereof (41 Stat. 1063, 16 U.S.C. 791a-825r)
[Pub. L. No. 102-486, 1992];
(5) systems for transmission or reception of
radio, television, telephone, telegraph, and
other electronic signals, and other means
of communication;
(6) roads, trails, highways, railroads, canals,
tunnels, tramways, airways, livestock driveways,
or other means of transportation except where
such facilities are constructed and maintained in
connection with commercial recreation facilities
on lands in the National Forest System; or
(7) such other necessary transportation or other
systems or facilities which are in the public
interest and which require rights-of-way over,
upon, under, or through such lands.
(b) Procedures applicable; administration
(1) The Secretary concerned shall require, prior
to granting, issuing, or renewing a right-ofway, that the applicant submit and disclose
those plans, contracts, agreements, or other
information reasonably related to the use, or
intended use, of the right-of-way, including its
effect on competition, which [the Secretary]
deems necessary to a determination, in
accordance with the provisions of this Act, as to
whether a right-of-way shall be granted, issued,
or renewed and the terms and conditions which
should be included in the right-of-way.

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(2) If the applicant is a partnership, corporation,
association, or other business entity, the
Secretary concerned, prior to granting a rightto-way pursuant to this title, shall require
the applicant to disclose the identity of the
participants in the entity, when [the Secretary]
deems it necessary to a determination, in
accordance with the provisions of this title, as to
whether a right-of-way shall be granted, issued,
or renewed and the terms and conditions which
should be included in the right-of-way. Such
disclosures shall include, where applicable:
(A) the name and address of each partner;
(B) the name and address of each shareholder
owning 3 per centum or more of the shares,
together with the number and percentage of
any class of voting shares of the entity which
such shareholder is authorized to vote; and
(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
[Pub. L. No. 99-545, 1986].
(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.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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 506 of this Act.
An easement issued pursuant to this subsection
shall terminate if the water system for which such
easement was issued is used for any purpose
other than agricultural irrigation or livestock
watering use. For purposes of subparagraph
(D) of paragraph (1) of this subsection, non-use
of a water system for agricultural irrigation or
livestock watering purposes for any continuous
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 [Pub. L. No. 99-545, 1986].
(d) Rights-of-way on certain Federal lands
With respect to any project or portion thereof
that was licensed pursuant to, or granted an
exemption from, part I of the Federal Power Act
[16 U.S.C. 791a et seq.] which is located on lands
subject to a reservation under section 24 of the
Federal Power Act [16 U.S.C. 818] and which did not
receive a permit, right-of-way or other approval
under this section prior to October 24, 1992, no
such permit, right-of-way, or other approval shall
be required for continued operation, including
continued operation pursuant to section 15 of the
Federal Power Act [16 U.S.C. 808], of such project
unless the Commission determines that such project
involves the use of any additional public lands or
National Forest lands not subject to such reservation
[Pub. L. No. 102-486, 1992].

Roads
Sec. 502 [43 U.S.C. 1762].
(a) Authority to acquire, construct, and
maintain; 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

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

economy in harvesting timber from such lands
tributary to such roads and at the same time meet
the requirements for protection, development, and
management of such lands for utilization of the
other resources thereof. Financing of such roads
may be accomplished
(1) by the Secretary utilizing appropriated funds,
(2) by requirements on purchasers of timber and
other products from the public lands, including
provisions for amortization of road costs in
contracts,
(3) by cooperative 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 [the Secretary] through the Bureau,
including purchasers of Government timber
and other products, to maintain such facilities
in a satisfactory condition commensurate with
the particular use requirements of each. Such

maintenance to be borne by each user shall be
proportionate to total use. The Secretary may
also require the user or users of such a facility to
reconstruct the same when such reconstruction is
determined to be necessary to accommodate such
use. If such maintenance or reconstruction cannot
be so provided or if the Secretary determines
that maintenance or reconstruction by a user
would not be practical, then the Secretary may
require that sufficient funds be deposited by the
user to provide [his or her] portion of such total
maintenance or reconstruction. Deposits made to
cover the maintenance or reconstruction of roads
are hereby made available until expended to cover
the cost to the United States of accomplishing
the purposes for which deposited: Provided,
That deposits received for work on adjacent and
overlapping areas may be combined when it
is the most practicable and 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.

Right-of-Way Corridors; Criteria
and Procedures Applicable for
Designation
Sec. 503 [43 U.S.C. 1763]. In order to minimize adverse
environmental impacts and the proliferation of
separate rights-of-way, the utilization of rightsof-way in common shall be required to the extent
practical, and each right-of-way or permit shall
reserve to the Secretary concerned the right to grant
additional rights-of-way or permits for compatible

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

uses on or adjacent to rights-of-way granted
pursuant to this Act. In designating right-of-way
corridors and in determining whether to require that
rights-of-way be 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 or
she] will use in designating such corridors. Any
existing transportation and utility corridors may be
designated as transportation and utility corridors
pursuant to this subsection without further review.

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.

General Requirements

(d) Submission of plan of construction,
operation, and rehabilitation by new project
applicants; plan requirements
The Secretary concerned prior to granting or
issuing a right-of-way pursuant to this title for a
new project which may have a 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 505 of this Act.

Sec. 504 [43 U.S.C. 1764].
(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-of-way shall be limited to the
ground which the Secretary concerned determines
(1) will be occupied by facilities which constitute
the project for which the right-of-way is granted,
issued, or renewed,
(2) to be necessary for the operation or
maintenance of the project,
(3) to be necessary to protect the public safety, and
(4) will do no unnecessary damage to the
environment. The Secretary concerned may
authorize the temporary use of such additional
lands as [he or she] determines to be reasonably
necessary for the construction, operation,
maintenance, or termination of the project or a
portion thereof, or for access thereto.
(b) Terms and conditions of right-of-way or permit
Each right-of-way or permit granted, issued, or
renewed pursuant to this section shall be limited
to a reasonable term in light of all circumstances
concerning the project. In determining the
duration of a right-of-way the Secretary concerned

(c) Applicability of regulations or stipulations
Rights-of-way shall be granted, issued, or renewed
pursuant to this title under such regulations or
stipulations, consistent with the provisions of this
title or any other applicable law, and shall also be
subject to such terms and conditions as the Secretary
concerned may prescribe regarding extent, duration,
survey, location, construction, maintenance, transfer
or assignment, and termination.

(e) Regulatory requirements for terms and
conditions; revision and applicability
of regulations
The Secretary concerned shall issue regulations
with respect to the terms and conditions that
will be included in rights-of-way pursuant to
section 505 of this title. Such regulations shall be
regularly revised as needed. Such regulations shall
be applicable to every right-of-way granted or
issued pursuant to this title and to any subsequent
renewal thereof, and may be applicable to rightsof-way not granted or issued, but renewed
pursuant to this title.
(f) Removal or use of mineral and
vegetative materials
Mineral and vegetative materials, including timber,
within or without a right-of-way, may be used or
disposed of in connection with construction or
other purposes only if authorization to remove or
use such materials has been obtained pursuant

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

to applicable laws or for emergency repair work
necessary for those rights-of-way authorized under
section 501(c) of this Act [Pub. L. No. 99- 545, 1986].
(g) Rental payments; amount, waiver, etc.
The holder of a right-of-way shall pay in advance
the fair market value thereof, as determined by
the Secretary granting, issuing, or renewing such
right-of-way. The Secretary concerned may require
either annual payment or a payment covering
more than one year at a time except that private
individuals may make at their option either annual
payments or payments covering more than one
year if the annual fee is greater than one hundred
dollars. The Secretary concerned may waive rentals
where a right-of-way is granted, issued or renewed
in consideration of a right-of-way conveyed to the
United States in connection with a cooperative
cost share program between the United States and
the holder [Pub. L. No. 99- 545, 1986]. The Secretary
concerned may, by regulation or prior to
promulgation of such regulations, as a condition
of a right-of-way, require an applicant for or holder
of a right-of-way to reimburse the United States
for all reasonable administrative and other costs
incurred in processing an application for such
right-of-way and in inspection and monitoring of
construction, operation, and termination of the
facility pursuant to such right-of-way: Provided,
however, That the Secretary concerned need not
secure reimbursement in any situation where
there is in existence a cooperative cost share
right-of-way program between the United States
and the holder of a right-of-way. Rights-of-way
may be granted, issued, or renewed to a Federal,
State, or local government or any agency or
instrumentality thereof, to nonprofit associations
or nonprofit corporations which are not
themselves controlled or owned by profitmaking
corporations or business enterprises, or to a holder
where [he or she] 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 rightof-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,
[Pub. L. No. 104-333, 1996] or any extensions from such
facilities: Provided, That nothing in this sentence shall
be construed to affect the authority of the Secretary
granting, issuing, or renewing the right-of-way to
require reimbursement of reasonable administrative
and other costs pursuant to the second sentence of
this subsection [Pub. L. No. 98-300, 1984].
[43 U.S.C. 1764 note: The 1996 amendment incorporating
the language “eligible for financing pursuant to the Rural
Electrification Act of 1936, as amended, determined without
regard to any application requirement under that Act” in
subsection (g) also specified that the amended text applies
“with respect to rights-of-way leases held on or after the date of
enactment” of the amendment, in November 1996. See Pub. L.
No. 104-333, § 1032(b), 110 Stat. 4093, 4239 (1996)]

(h) Liability for damage or injury incurred by
United States for use and occupancy of rightsof-way; indemnification of United States; nofault liability; amount of damages
(1) The Secretary concerned shall promulgate
regulations specifying the extent to which
holders of rights-of-way under this title shall be
liable to the United States for damage or injury
incurred by the United States caused by the
use and occupancy of the rights-of-way. The
regulations shall also specify the extent to which
such holders shall indemnify or hold harmless
the United States for liabilities, damages, or
claims caused by their use and occupancy of the
rights-of-way.
(2) Any regulation or stipulation imposing
liability without fault shall include a maximum
limitation on damages commensurate with
the foreseeable risks or hazards presented. Any
liability for damage or injury in excess of this
amount shall be determined by ordinary rules
of negligence.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(i) Bond or security requirements
Where [the Secretary] deems it appropriate, the
Secretary concerned may require a holder of a
right-of-way to furnish a bond, or other security,
satisfactory to [the Secretary] to secure all or any
of the obligations imposed by the terms and
conditions of the right-of-way or by any rule or
regulation of the Secretary concerned.
(j) Criteria for grant, issue, or renewal of
right-of-way
The Secretary concerned shall grant, issue, or
renew a right-of-way under this title only when
[the Secretary] is satisfied that the applicant has
the technical and financial capability to construct
the project for which the right-of-way is requested,
and in accord with the requirements of this title.

Terms and Conditions
Sec. 505 [43 U.S.C. 1765]. Each right-of-way shall
contain–
(a) terms and conditions which will
(i) carry out the purposes of this Act and rules
and regulations issued thereunder;
(ii) minimize damage to scenic and esthetic
values and fish and wildlife habitat and
otherwise protect the environment;
(iii) require compliance with applicable air
and water quality standards established by or
pursuant to applicable Federal or State law; and
(iv) require compliance with State standards
for public health and safety, environmental
protection, and siting, construction, operation,
and maintenance of or for rights-of-way for
similar purposes if those standards are more
stringent than applicable Federal standards; and
(b) such terms and conditions as the Secretary
concerned deems necessary to

(i) protect Federal property and economic
interests;
(ii) manage 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-of-way along
a route that will cause least damage to the
environment, taking into consideration
feasibility and other relevant factors; and
(vi) otherwise protect the public interest in
the lands traversed by the right-of-way or
adjacent thereto.

Suspension or Termination;
Grounds; Procedures Applicable
Sec. 506 [43 U.S.C. 1766]. Abandonment of a rightof-way or noncompliance with any provision of this
title, condition of the right-of-way, or applicable
rule or regulation of the Secretary concerned may
be grounds for suspension or termination of the
right-of-way if, after due notice to the holder of the
right-of-way, and with respect to easements, an
appropriate administrative proceeding pursuant
to section 554 of title 5 of the United States Code,
the Secretary concerned determines that any such
ground exists and that suspension or termination
is justified. No administrative proceeding shall
be required where the right-of-way 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 rightof-way for violation of its terms and conditions

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is necessary to protect public health or safety or
the environment, [the Secretary] may abate such
activities prior to an administrative proceeding.
Prior to commencing any proceeding to suspend or
terminate a right-of-way the Secretary concerned
shall give written notice to the holder of the grounds
for such action and shall give the holder a reasonable
time to resume use of the right-of-way or to comply
with this title, condition, rule, or regulation as the
case may be. Failure of the holder of the right-of-way
to use the right-of-way for the purpose for which it
was granted, issued, or renewed, for any continuous
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 right-of-way.

Rights-of-Way for Federal
Departments and Agencies
Sec. 507 [43 U.S.C. 1767].
(a) The Secretary concerned may provide under
applicable provisions of this title for the use of
any department or agency of the United States a
right-of-way over, upon, under or through the land
administered by [the Secretary], subject to such
terms and conditions as [he or she] may impose.
(b) Where a right-of-way has been reserved for
the use of any department or agency of the
United States, the Secretary shall take no action to
terminate, or otherwise limit, that use without the
consent of the head of such department or agency.

Conveyance of Lands Covered
by Right-of-Way; Terms and
Conditions
Sec. 508 [43 U.S.C. 1768]. If under applicable law
the Secretary concerned decides to transfer out of

Federal ownership any lands covered in whole or
in part by a right-of-way, including a right-of-way
granted under the Act of November 16, 1973 (87
Stat. 576; 30 U.S.C. 185), the lands may be conveyed
subject to the right-of-way; however, if the Secretary
concerned determines that retention of Federal
control over the right-of-way is necessary to assure
that the purposes of this title will be carried out, the
terms and conditions of the right-of-way complied
with, or the lands protected, [the Secretary] shall
(a) reserve to the United States that portion of the
lands which lies within the boundaries of the rightof-way, or
(b) convey the lands, including that portion within
the boundaries of the right-of-way, subject to the
right-of-way and reserving to the United States
the right to enforce all or any of the terms and
conditions of the right-of-way, including the right
to renew it or extend it upon its termination and to
collect rents.

Existing Right-of-Way or Rightof-Use Unaffected; Exceptions;
Rights-of-Way for Railroad and
Appurtenant Communication
Facilities; Applicability of Existing
Terms and Conditions
Sec. 509 [43 U.S.C. 1769].
(a) Nothing in this title shall have the 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-ofway or right-of-use and in its stead issue a right-ofway pursuant to the provisions of this title.
(b) When the Secretary concerned issues
a right-of-way under this title for a railroad
and appurtenant communication facilities in
connection with a realignment of a railroad on
lands under [the Secretary’s] jurisdiction by virtue
of a right-of-way granted by the United States,
[the Secretary] may, when [he or she] considers it

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

to be in the public interest and the lands involved
are not within an incorporated community and
are of approximately equal value, notwithstanding
the provisions of this title, provide in the new
right-of-way the same terms and conditions as
applied to the portion of the existing right-of-way
relinquished to the United States with respect
to the payment of annual rental, duration of the
right-of-way, and the nature of the interest in
lands granted. The Secretary concerned or [the
Secretary’s] delegate shall take 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 title.

Applicability of Provisions to Other
Federal Laws
Sec. 510 [43 U.S.C. 1770].
(a) Right-of-way
Effective on and after October 21, 1976, no rightof-way for the purposes listed in this title shall be
granted, issued, or renewed over, upon, under, or
through such lands except under and subject to
the provisions, limitations, and conditions of this
title: Provided, That nothing in this title shall be
construed as 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 rights-of-way
grants or their term of years or require disclosure
pursuant to section 1761(b) of this title or impose
any other condition contemplated by this Act that
is contrary to present practices of that Secretary
under sections 532 to 538 of title 16. Any pending
application for a right-of-way under any other
law on the effective date of this section shall be
considered as an application under this title. The
Secretary concerned may require the applicant to
submit any additional information [the Secretary]
deems necessary to comply with the requirements
of this title.

(b) Highway use
Nothing in this title shall be construed to preclude
the use of lands covered by this title for highway
purposes pursuant to sections 107 and 317 of
title 23 of the United States Code.
(c) Application of antitrust laws
(1) Nothing in this title shall be construed as
exempting any holder of a right-of-way issued
under this title from any provision of the
antitrust laws of the United States.
(2) For the purposes of this subsection, the term
“antitrust laws” includes the Act of July 2, 1890
(26 Stat. [209], 15 U.S.C. 1 et seq.); the Act of
October 15, 1914 (38 Stat. 730, 15 U.S.C. 12
et seq.); the Federal Trade Commission Act
(38 Stat. 717; 15 U.S.C. 41 et seq.); and sections 73
and 74 of the Act of August 27, 1894 [15 U.S.C. 8, 9].

Coordination of Applications
Sec. 511 [43 U.S.C. 1771]. Applicants before
Federal departments and agencies other than the
Department of the Interior or Agriculture seeking a
license, certificate, or other authority for a project
which involve[s] a right-of-way over, upon, under,
or through public land or National Forest System
lands must simultaneously apply to the Secretary
concerned for the appropriate authority to use
public lands or National Forest System lands and
submit to the Secretary concerned all information
furnished to the other Federal department or agency.

Vegetation Management, Facility
Inspection, and Operation and
Maintenance Relating to Electric
Transmission and Distribution
Facility Rights-of-Way
Sec. 512 [43 U.S.C. 1772] [Pub. L. 115–141, div. O, title II, §
211, Mar. 23, 2018, 132 Stat. 1068]

(a) Definitions
In this section:

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(1) Hazard tree
The term “hazard tree” means any tree or part
thereof (whether located inside or outside a rightof-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

(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).

(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-ofway 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

(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 215 of the
Federal Power Act (16 U.S.C. 824o)); and
(B) the Memorandum of Understanding on
Vegetation Management for Powerline Rights-ofWay 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-of-way;

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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.

(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—

(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;

(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
(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.

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(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 the date of enactment of this section
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.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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 the date of
the enactment of this subsection, 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 any liability imposed by the Secretary
concerned under section 251.56(d) of title 36, Code
of Federal Regulations (as in effect on the date of
the enactment of this section) and section 2807.12
of title 43, Code of Federal Regulations (as in effect
on the date of the enactment of this section), 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 the date of
enactment of this subsection, 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—

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(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 the date of
enactment of this section, propose regulations,
or amend existing regulations, to implement this
section; and
(2) not later than 2 years after the date of enactment
of this section, 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 the date
of enactment of this section.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

TITLE VI
DESIGNATED MANAGEMENT AREAS
[In 2009, Congress established the National Landscape
Conservation System, which includes most of the areas addressed in
this title, as well as numerous other areas. See Pub. L. No. 111-11,
§§ 2001-2003, 123 Stat. 991, 1094-1096 (2009), codified at
16 U.S.C. 7201-7203.]

California Desert Conservation Area
Sec. 601 [43 U.S.C. 1781].
(a) Congressional 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 [plan] to
conserve these resources for future generations,
and to provide present and future use and

enjoyment, particularly outdoor recreation uses,
including the use, where appropriate, of off-road
recreational vehicles;
(5) the Secretary has initiated a comprehensive
planning process and established an interim
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) of
this section.

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(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 202
of this Act, shall prepare and implement
a comprehensive, long-range plan for the
management, use, development, and protection
of the public lands within the California Desert
Conservation Area. Such plan shall take into
account the principles of multiple use and
sustained yield in providing for resource use
and development, including, but not limited to,
maintenance of environmental quality, rights-ofway, 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 309
of this Act.
(2) It shall be the function of the advisory
committee to advise the Secretary with respect
to the preparation and implementation of the
comprehensive, long-range plan required under
subsection (d) of this section.
(h) Management of lands under jurisdiction
of Secretary of Agriculture and Secretary
of Defense
The Secretary of Agriculture and the Secretary
of Defense shall manage lands within their
respective jurisdictions located in or adjacent
to the California Desert Conservation Area, in
accordance with the laws relating to such lands
and wherever practicable, in a manner consonant
with the purpose of this section. The Secretary,
the Secretary of Agriculture, and the Secretary of
Defense are authorized and directed to consult
among themselves and take cooperative actions
to carry out the provisions of this subsection,
including a program of law enforcement in
accordance with applicable authorities to protect
the archeological and other values of the California
Desert Conservation Area and adjacent lands.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(i) Omitted
[Subsection (i) previously required the Secretary to submit an
annual report to Congress regarding the implementation of
this section. This reporting requirement was sunsetted in 2000
pursuant to Pub. L. No. 105-66, § 3003, 109 Stat. 707, 734-735
(1995). See 43 U.S.C. 1781 note.]

(j) Authorization of appropriations
There are authorized to be appropriated for
fiscal years 1977 through 1981 not to exceed
$40,000,000 for the purpose of this section, such
amount to remain available until expended.
Acceptance of donation of certain existing
permits or leases [43 U.S.C. 1781a] [Pub. L. No. 112–74,
div. E, title I, § 122(b), Dec. 23, 2011, 125 Stat. 1013].
(1) During 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.

King Range
Sec. 602. Section 9 of the Act of October 21,
1970 (84 Stat. 1067), [16 U.S.C. 460y-8] is amended
by adding a new subsection (c), as follows: “(c) In
addition to the lands described in subsection (a) of
this section [16 U.S.C. 460y-8(a)], the land identified
as the Punta Gorda Addition and the Southern
Additions on the map entitled ‘King Range
National Conservation Area Boundary Map No. 2,’
dated July 29, 1975, is included in the survey and
investigation area referred to in the first section of
this Act [16 U.S.C. 460y].”

Bureau of Land Management
Wilderness Study
Sec. 603 [43 U.S.C. 1782].
(a) Lands subject to review and designation
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 201(a) of this Act
as having wilderness characteristics described
in the Wilderness Act of September 3, 1964
(78 Stat. 890; 16 U.S.C. 1131 et seq.) and shall
from time to time report to the President [his
or her] recommendation as to the suitability or
nonsuitability of each such area or island for
preservation as wilderness: Provided, That prior
to any recommendations for the designation of
an area as wilderness the Secretary shall cause
mineral surveys to be conducted by the
United States Geological Survey [Pub. L. No.
102-154, 1991] and the United States Bureau of
Mines [Pub. L. No. 102-285, 1992] to determine the
mineral values, if any, that may be present in such
areas: Provided further, That the Secretary shall
report to the President by July 1, 1980, [his or
her] recommendations on those areas which the
Secretary has prior to November 1, 1975, formally
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)].

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
[The authority of the U.S. Bureau of Mines described in
this subsection has subsequently been transferred to the U.S.
Geological Survey. See Pub. L. No. 104-134, tit. I, 110 Stat.
1321-156, 1321-165 (1996).]

(b) Presidential recommendation for
designation as wilderness
The President shall advise the President of
the Senate and the Speaker of the House of
Representatives of [his or her] recommendations
with respect to designation as wilderness of
each such area, together with a map thereof and
a 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 or her] authority under this Act and other
applicable law in a manner so as not to impair
the suitability of such areas for preservation as
wilderness, subject, however, to the continuation
of existing mining and grazing uses and mineral
leasing in the manner and degree in which the
same was being conducted on October 21, 1976:
Provided, That, in managing the public lands the
Secretary shall by regulation or otherwise take any
action required to prevent unnecessary or undue
degradation of the lands and their resources
or to 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 204 of this Act for
reasons other than preservation of their wilderness
character. Once an area has been designated for

preservation as wilderness, the provisions of the
Wilderness Act [16 U.S.C. 1131 et seq.] which apply
to national forest wilderness areas shall apply
with respect to the administration and use of
such designated area, including mineral surveys
required by section 4(d)(2) of the Wilderness Act,
[16 U.S.C. 1133(d)(2)] and mineral development,
access, exchange of lands, and ingress and egress
for mining claimants and occupants.
Yaquina Head Outstanding Natural Area
[43 U.S.C. 1783] [(Pub. L. No. 96–199, title I, § 119, Mar. 5, 1980,
94 Stat. 71].

(a) Establishment
In order to protect the unique scenic, 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–

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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) of this section, is hereby revoked. The lands
referred to in subsection (a) of this section are
hereby restored to the status of public lands as
defined in section 103(e) of the Federal Land
Policy and Management Act of 1976, as amended
(43 U.S.C. 1702) [43 U.S.C. 1702(e)], and shall be
administered in accordance with the management
plan for the area developed pursuant to
subsection (b) of this section, except that such
lands are hereby withdrawn from settlement,

sale, location, or entry, under the public land laws,
including the mining laws (30 U.S.C., ch. 2), leasing
under the mineral leasing laws (30 U.S.C. 181
et seq.), and disposals under the Materials Act of
July 31, 1947, as amended (30 U.S.C. 601, 602)
[30 U.S.C. 601 et seq.].
(d) Acquisition of lands not already in
Federal ownership
The Secretary shall, as soon as possible but in no
event later than twenty-four months following
the date of enactment of this section [March 5,
1980], acquire by purchase, exchange, donation,
or condemnation all or any part of the lands and
waters and interests in lands and waters within the
area referred to in subsection (a) of this section
which are not in Federal ownership except that
State land shall not be acquired by purchase or
condemnation. Any lands or interests acquired
by the Secretary pursuant to this section shall
become public lands as 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) of this section except that lands affected by
quarrying operations in the area shall be subject
to disposals under the Materials Act of July 31,
1947, as amended (30 U.S.C. 601, 602)
[30 U.S.C. 601 et seq.]. Any lands acquired
pursuant to this subsection shall be administered
in accordance with the management plan for the
area developed pursuant to subsection (b) of
this section.
(e) Wind energy research
The Secretary is authorized to conduct a study
relating to the use of lands in the area for
purposes of wind energy research. If the Secretary
determines after such study that the conduct of
wind energy research activity will not substantially
impair the values of the lands in the area for
purposes of this section, the Secretary is further
authorized to issue permits for the use of such
lands as a site for installation and 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.

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(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) of this section, a program
for the reclamation and restoration of all lands
affected by quarrying operations in the area
acquired pursuant to subsection (d) of this
section. All revenues received by the United
States in connection with quarrying operations
authorized by subsection (b)(3) of this section
shall be deposited in a separate fund account
which shall be established by the Secretary of the
Treasury. Such revenues are hereby authorized to
be appropriated to the Secretary as needed for
reclamation and restoration of any lands acquired
pursuant to subsection (d) of this section. After
completion of such reclamation and restoration to
the satisfaction of the Secretary, any unexpended
revenues in such fund shall be returned to the
general fund of the United States Treasury.
(g) Authorization of appropriations
There are hereby authorized to be appropriated in
addition to that authorized by subsection (f ) of this
section, such sums as may be necessary to carry
out the provisions of this section.
Lands in Alaska; designation as wilderness;
management by Bureau of Land Management
pending Congressional action [43 U.S.C. 1784]
[Pub. L. No. 96–487, title XIII, § 1320, Dec. 2, 1980, 94 Stat. 2487].

Notwithstanding any other provision of law,
section 1782 of the Federal Land Policy and
Management Act of 1976 shall not apply to any lands
in Alaska. However, in carrying out [the Secretary’s]
duties under sections 1711 and 1712 of this title
and other applicable laws, the Secretary may
identify areas in Alaska which he [or she] determines
are suitable as wilderness and may, from time to
time, make recommendations to the Congress
for inclusion of any such areas in the National
Wilderness Preservation System, pursuant to the
provisions of the Wilderness Act [16 U.S.C. 1131 et
seq.]. In the absence of congressional action relating
to any such recommendation of the Secretary, the
Bureau of Land Management shall manage all such
areas which are within its jurisdiction in accordance
with the applicable land use plans and applicable
provisions of law.

Fossil Forest Research Natural Area [43 U.S.C. 1785]
[Pub. L. No. 98–603, title I, § 103, Oct. 30, 1984, 98 Stat. 3156;
Pub. L. No. 104–333, div. I, title X, § 1022(e), Nov. 12, 1996,
110 Stat. 4213; Pub. L. No. 106–176, title I, § 124, Mar. 10, 2000,
114 Stat. 30].

(a) Establishment
To conserve and protect natural values and to
provide 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 [Pub. L. No. 106-176,
2000] 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—

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(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.

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) of this section.

(2) Mining
(e) Management Plan
(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.

(1) In general
Not later than 5 years after November 12, 1996,
the Secretary of the Interior shall develop
and submit to the Committee on Energy
and Natural Resources of the Senate and the
Committee on Resources [Pub. L. No. 106-176, 2000]
of the House of Representatives a management
plan that describes the appropriate use of
the Area consistent with this subsection [Pub. L.
No. 106-176, 2000].
(2) Contents
The management plan shall include–
(A) a plan for the implementation of a
continuing cooperative program with other
agencies and groups for–
(i) laboratory and field interpretation; and

(C) Oil and gas leases
Operations on oil and gas leases issued prior
to the date of enactment of this paragraph
[November 12, 1996], shall be subject to the
applicable provisions of Group 3100 of title 43,
Code of Federal Regulations (including section
3162.5-1), and such other terms, stipulations,
and conditions as the Secretary of the Interior
considers necessary to avoid 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.

(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;

(3) Grazing
Livestock grazing on lands within the Area may
not be permitted.

(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) Inventory
Not later than 3 full fiscal years after November 12,
1996, the Secretary of the Interior, acting through

(D) mitigation and reclamation standards
for activities that disturb the surface to the
detriment of scenic and environmental values.

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Piedras Blancas Historic Light Station
[43 U.S.C. 1786] [Pub. L. No. 110–229, title II, § 201, May 8,
2008, 122 Stat. 759; Pub. L. No. 113–287, § 5(l)(8), Dec. 19, 2014,
128 Stat. 3271].

(a) 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. [1702](e)).
(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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

Interior, and the State office of the Bureau of
Land Management in the State of California.

Natural Area is established as set forth in
subsection (c)(1).

(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.

(3) Management plan
Not later than 3 years [after] May 8, 2008, the
Secretary shall complete a comprehensive
management plan consistent with the
requirements of section 202 of the Federal
Land Policy and Management Act of 1976
(43 U.S.C. 1712) to provide long-term
management guidance for the public lands
within the Outstanding Natural Area and 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—

(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

(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

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

of subtitle III of title 54 within the Outstanding
Natural Area.
(4) Cooperative agreements
In order to better implement the management
plan and to continue the successful partnerships
with the local communities and the Hearst
San Simeon State Historical Monument,
administered by the California Department of
Parks and Recreation, the Secretary may enter
into cooperative agreements with the appropriate
Federal, State, and local agencies pursuant to
section 307(b) of the Federal Land [Policy] and
Management Act of 1976 (43 U.S.C. 1737(b)).
(5) Research activities
In order to continue the successful partnership
with research organizations and agencies and to
assist in the development and implementation
of the management plan, the Secretary may
authorize within the Outstanding Natural Area
appropriate research activities for the purposes
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)).

(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.

(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.

(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”).

(8) Overflights
Nothing in this section or the management plan
shall be construed to—

(11) No buffer zones
The designation of the Outstanding Natural
Area is not intended to lead to the creation of

(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.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

protective perimeters or buffer zones around
[the] area. The fact that activities outside the
Outstanding Natural Area and not consistent
with the purposes of this section can be seen or
heard within the Outstanding Natural Area shall
not, of itself, preclude such activities or uses up
to the boundary of the Outstanding Natural Area.
(e) Authorization of appropriations
There are authorized to be appropriated such sums
as are necessary to carry out this section.
Jupiter Inlet Lighthouse Outstanding Natural
Area [43 U.S.C. 1787] [(Pub. L. No. 110–229, title II, § 202,
May 8, 2008, 122 Stat. 763].
(a) 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.

75

76

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(4) Withdrawal
(A) In general
Subject to valid existing rights, subsection
(e), and any existing withdrawals under
the Executive orders and public land order
described in subparagraph (B), the Federal
land and any interests in the Federal land
included in the Outstanding Natural Area are
withdrawn from—
(i) all forms of entry, appropriation, or
disposal under the public land laws;
(ii) location, entry, and patent under the
mining laws; and
(iii) operation of the mineral leasing and
geothermal leasing laws and the mineral
materials laws.
(B) Description of Executive orders
The Executive orders and public land order
described in subparagraph (A) are—
(i) the Executive Order dated October 22, 1854;
(ii) Executive Order No. 4254 (June 12,
1925); and
(iii) Public Land Order No. 7202
(61 Fed. Reg. 29758).

(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) 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.

(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;

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

(E) natural and cultural resource management
strategies for the Outstanding Natural Area, to
be developed in consultation with appropriate
departments of the State, the Local Partners,
and the Commandant, with an emphasis on
resource conservation in the Outstanding
Natural Area and the interpretive,
educational, and long-term 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 [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—

77

78

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(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—

(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;

(A) any maritime security, maritime safety, or
environmental protection mission or activity of
the Coast Guard;

(4) the existing lease of the Jupiter Inlet
Lighthouse on lot 18 from the Coast Guard to the
Loxahatchee River Historical Society; or

(B) any border security operation or law
enforcement activity by the Department of
Homeland Security or the Department of
Justice; or

(5) any easements or other less-than-fee
interests in property appurtenant to existing
Coast Guard facilities on lots 16 and 18.

(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.

(f) Authorization of appropriations
There are authorized to be appropriated such sums
as are necessary to carry out this section.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

TITLE VII
EFFECT ON EXISTING RIGHTS; REPEAL
OF EXISTING LAWS; SEVERABILITY
Effect on Existing Rights
Sec. 701 [43 U.S.C. 1701 note].
(a) Nothing in this Act, or in any amendment made
by this Act, shall be construed as terminating any
valid lease, permit, patent, right-of-way, or other
land use right or authorization existing on the date
of approval of this Act.
(b) Notwithstanding any provision of this Act,
in the event of conflict with or inconsistency
between this Act and the Acts of August 28, 1937
(50 Stat. 874; 43 U.S.C. 1181a-1181j), and May 24,
1939 (53 Stat. 753), insofar as they relate to
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; or
(6) as a limitation upon any State criminal statute
or upon the police power of the respective

79

80

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

States, or as derogating the authority of a local
police officer in the performance of [his or her]
duties, or as depriving any State or political
subdivision thereof of any right it may have to
exercise civil and criminal jurisdiction on the
national resource lands; or as amending, limiting,
or infringing the existing laws providing grants
of lands to the States.
(h) All actions by the Secretary concerned under
this Act shall be subject to valid existing rights.
(i) The adequacy of reports required by this Act to
be submitted to the Congress or its committees
shall not be subject to judicial review.
(j) Nothing in this Act shall be construed as
affecting the distribution of livestock grazing
revenues to local governments under the GrangerThye Act (64 Stat. 85, 16 U.S.C. 580h), under the Act
of May 23, 1908 (35 Stat. 260, as amended;
16 U.S.C. 500), under the Act of March 4, 1913
(37 Stat. 843, as amended; 16 U.S.C. 501), and
under the Act of June 20, 1910 (36 Stat. 557).

Repeal of Laws Relating to
Homesteading and Small Tracts
Sec. 702. Effective on and after the date of approval
of this Act, the following statutes or parts of statutes
are repealed except the effective date shall be
on and after the tenth anniversary of the date of
approval of this Act insofar as the listed homestead
laws apply to public lands in Alaska:
Act of

Chapter

Section

Statute
at Large

43 U.S. Code

Act of
Oct. 17, 1914

Section

Statute
at Large

325

38:740

Mar. 31, 1881

153

21:511

Oct. 22, 1914

335

38:766

Revised Statute 2297

June 8, 1880

43 U.S. Code
168.
169.

Revised Statute 2292

170.
171.

136

21:166

Revised Statute 2301

172.
173.

Mar. 3, 1891

561

6

26:1098

June 3, 1896

312

2

29:197

Mar. 3, 1891

561

3

26:1097

Mar. 3, 1905

1424

36:991

Apr. 28, 1922

155

42:502

May 17, 1900

479

Jan. 26, 1901
Sept. 5, 1914

Revised Statute 2288

174.

Revised Statute 2296

175.

1

31:179

179.

180

31:740

180.

294

38:712

Revised Statute 2300

182.
183.

Aug. 31, 1918

166

Sept. 13, 1918

8

40:957

173

40:960

July 26, 1892

251

27:270

185.

Feb. 14, 1920

76

41:434

186.

Jan. 21, 1922

32

42:358

Dec. 28, 1922

19

42:1067

June 12, 1930

471

46:580

Feb. 25, 1925

326

43:081

187.

June 21, 1934

690

48:1185

187a.

May 22, 1902

821

32:203

187b.

June 5, 1900

716

Mar. 3, 1875

131

July 4, 1884

180

Mar. 1, 1933

160

Revised Statute 2302

184, 201.

2

31:270

188, 217.

15

18:420

189.

Only last
paragraph
of sec. 1.

23: 96

190.

47:1418

190a.

The following words only: “Provided, That no further allotments of lands to
Indians on the public domain shall be made in San Juan County, Utah, nor
shall further Indian homesteads be made in said county under the Act of
July 4, 1884 (23 Stat. 96; U.S.C. title 48, sec. 190).”
Revised Statutes
2310, 2311
June 13, 1902

1. Homesteads:

Chapter

191.
1080

32:384

203.

161, 171.

Mar. 3, 1879

191

20:472

204.

161, 162.

July 1, 1879

60

21:46

205.

Revised Statute 2290

162.

May 6, 1886

88

24:22

206.

Revised Statute 2295

163.

Aug. 21, 1916

361

39:518

207.

164.

June 3, 1924

240

43:357

Revised Statute 2289
Mar. 3, 1891

561

5

26:1097

Revised Statute 2291
June 6, 1912

153

37:123

164, 169, 218

Revised Statute 2298

May 14, 1880

89

21:141

166, 185, 202,
223.

Aug. 30, 1890

June 6, 1900

821

31:683

Aug. 9, 1912

280

37:267

Apr. 6, 1914

51

38:312

Mar. 1, 1921

90

41:1193

166, 223.

167.

208.
211.

837

26:391

212.

The following words only: “No person who shall after the passage of this
act, enter upon any of the public lands with a view to occupation, entry or
settlement under any of the land laws shall be permitted to acquire title
to more than three hundred and twenty acres in the aggregate, under all
of said laws, but this limitation shall not operate to curtail the right of any
person who has heretofore made entry or settlement on the public lands, or
whose occupation, entry or settlement, is validated by this act:”

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

Act of
Mar. 3, 1891

Chapter
561

Section

Statute
at Large

17

26:1101

43 U.S. Code

1776

33:527

Aug. 3, 1950

521

64:398

Mar. 2, 1889

381

Feb. 20, 1917

98

Mar. 4, 1921

162

Feb. 19, 1909
June 13, 1912
Mar. 3, 1915

213.

25:854

214.

39:925

215.

41:1433

216.

160

35:639

218.

166

37:132

84

38:953

Mar. 3, 1915

91

Mar. 4, 1915

150

July 3, 1916

6

1

Chapter

Statute
at Large

43 U.S. Code
239.

June 16, 1898

458

30:473

Aug. 29, 1916

420

39:671

Apr. 7, 1930

108

46:144

243.

Mar. 3, 1933

198

47:1424

243a.

Mar. 3, 1879

192

20:472

251.

25:855

252.

20:91

253.

Mar. 2, 1889

381

June 3, 1878

152

7

Revised Statute 2294

240.

254.

May 26, 1890

355

26:121

Mar. 11, 1902

182

32:63

Mar. 4, 1904

394

33:59

Feb. 23, 1923

105

42:1281

Oct. 6, 1917

86

40:391

Mar. 4, 1913

149

Revised Statute 2293

255.

Only last
paragraph
of section
headed
“Public
Land
Service.”

37:925

256.

178

47:153

256a.

38:957
2

Section

Revised Statute 2308

The following words only: “and that the provision of ‘An Act making
appropriations for sundry civil expenses of the Government for the fiscal
year ending June thirtieth, eighteen hundred and ninety-one, and for other
purposes,’ which reads as follows, viz: ‘No person who shall after the passage
of this act enter upon any of the public lands with a view to occupation,
entry or settlement under any of the land laws shall be permitted to acquire
title to more than three hundred and twenty acres in the aggregate under
all said laws,’ shall be construed to include in the maximum amount of lands
the title to which is permitted to be acquired by one person only agricultural
lands and not to include lands entered or sought to be entered under
mineral land laws.”
Apr. 28, 1904

Act of

38:1163

220

39:344

Feb. 11, 1913

39

37:666

218, 219.

May 13, 1932

June 17, 1910

298

36:531

219.

June 16, 1933

99

48:274

Mar. 3, 1915

91

38:957

June 26, 1935

419

49:504

Sept. 5, 1916

440

39:724

June 16, 1937

361

50:303

Aug. 10, 1917

52

10

40:275

Aug. 27, 1935

770

49:909

256b.

Mar. 4, 1915

150

1

38:1162

220.

Sept. 30, 1890

J. Res. 59

26:684

261.

Mar. 4, 1923

245

1

42:1445

222.

June 16, 1880

244

21:287

263.

Apr. 28, 1904

1801

33:547

224.

Apr. 18, 1904

25

33:589

Mar. 2, 1907

2527

34:1224

Revised Statute 2304

May 29, 1908

220

35:466

Mar. 1, 1901

674

31:847

Aug. 24, 1912

371

37:499

Revised Statute 2305

Aug. 22, 1914

270

38:704

Feb. 25, 1919

21

40:1153

214

39:341

232.

Revised Statute 2306

64

41:288

233.

Mar. 3, 1893

Apr. 6, 1922

122

42:491

233, 272, 273.

25:854

234.

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

July 3, 1916
Sept. 29, 1919

Mar. 2, 1889

381

Dec. 29, 1894

14

July 1, 1879

63

Dec. 20, 1917

6

July 24, 1919

126

7

3

231.

28:599
1

Next
to last
paragraph
only.

21:48

235.

40:430

236.

41:271

237.

271.

272.

Feb. 25, 1919

37

40:1161

Dec. 28, 1922

19

42:1067

Aug. 18, 1894

272a.

274.
208

301

27:593

Only last
paragraph
of section
headed
“Surveying
the Public
Lands.”

28:397

Mar. 2, 1932

69

47:59

237a.

May 21, 1934

320

48:787

237b.

May 22, 1935

135

49:286

237c.

Aug. 19, 1935

560

49:659

237d.

Mar. 31, 1938

57

52:149

Apr. 20, 1936

239

49:1235

237e

Sept. 21, 1922

357

42:990

1, 2, 4

271, 272.

Revised Statute 2309

275.

276.

277.

Revised Statute 2307

278.

July 30, 1956

778

70:715

237f,g,h.

Sept. 27, 1944

421

58:747

279-283.

Mar. 1, 1921

102

41:1202

238.

June 25, 1946

474

60:308

279.

Apr. 7, 1922

125

42:492

May 31, 1947

88

61:123

279, 280, 282.

81

82

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Act of

Chapter

June 18, 1954

306

June 3, 1948

399

Section

43 U.S. Code

Feb. 24, 1909

181

62:305

283, 284.

May 21, 1926

353

39:862

291-298.

Feb. 28, 1931

328

46:1454

291.

June 9, 1933

53

48:119

291.

June 6, 1924

274

46:469

292.

Oct. 25, 1918

195

40:1016

293.

Sept. 29, 1919

63

41:287

294, 295.

42:1445

302.

39:518

1075.

50:875

1181c.

682a-e.

Aug. 21, 1916

361

Aug. 28, 1937

876

2

3

Chapter

279, 282.

9

245

Act of

68:253

Dec. 29, 1916

Mar. 4, 1923

1-8

Statute
at Large

2. Small tracts:

Section

Statute
at Large

43 U.S. Code

35:645
The 2
provisos
only.

44:591

Revised Statute 2375

698.

Revised Statute 2376

699.

Mar. 2, 1889

381

1

25:854

700.

2. Townsite Reservation and Sale:
Revised Statute 2380

711.

Revised Statute 2381

712.

Revised Statute 2382

713.

Aug. 24, 1954

904

68:792

Revised Statute 2383

714.

Revised Statute 2384

715.

Revised Statute 2386

717.

Revised Statute 2387

718.

Revised Statute 2388

719.

Revised Statute 2389

720.

Repeal of Laws Related to Disposal

Revised Statute 2391

721.

Revised Statute 2392

722.

Sec. 703.

Revised Statute 2393

723.

June 1, 1938

317

52:609

June 8, 1954

270

68:239

July 14, 1945

298

59: 467

Revised Statute 2394

(a) Effective on and after the tenth anniversary of
the date of approval of this Act, the statutes and
parts of statutes listed below as “Alaska Settlement
Laws,” and effective on and after the date of
approval of this Act, the remainder of the following
statutes and parts of statutes are hereby repealed:
Act of

Chapter

Section

Statute
at Large

43 U.S. Code

724.

Mar. 3, 1877

113

1, 3, 4

19:392

725-727.

Mar. 3, 1891

561

16

26:1101

728.

July 9, 1914

138

38:454

730.

Feb. 9, 1903

531

32:850

731.

35:171

1021-1027.

40:1321

1028.

3. Drainage Under State Laws:
May 20, 1908

181

Mar. 3, 1919

113

May 1, 1958

P.L. 85387

72:99

1029-1034.

47

41:392

1041-1048.

Jan. 17, 1920

1-7

4. Abandoned Military Reservation:

1. Sale and Disposal Laws:
671

July 5, 1884

214

23:104

1074.

Revised Statute 2354

673.

Aug. 21, 1916

316

39:518

1075.

Revised Statute 2355

674.

Mar. 3, 1893

208

27:593

1076.

675.

Mar. 3, 1891

561

9

26:1099

5

Revised Statute 2365

676.

Revised Statute 2357

678.

The following words only: “Provided, That the President is hereby authorized
by proclamation to withhold from sale and grant for public use to the
municipal corporation in which the same is situated all or any portion of any
abandoned military reservation not exceeding twenty acres in one place.”

679-680.

Aug. 23, 1894

314

23:491

1077, 1078.

25:854

681.

Feb. 11, 1903

543

32:822

1079.

34:1052

682.

Feb. 15, 1895

92

28:664

1080, 1077.

688.

Apr. 23, 1904

1496

33:306

1081.

Revised Statute 2362

689.

5. Public Lands; Oklahoma:

Revised Statute 2363

690.

May 2, 1890

182

691.

1091-1094,
1096, 1097.

Revised Statute 2366

692.

Revised Statute 2369

693.

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

26:90

Revised Statute 2368

Revised Statute 2370

694.

Mar. 3, 1891

543

16

26:1026

1098.

Revised Statute 2371

695.

Aug. 7, 1946

772

1, 2

60:872

1100-1101.

Revised Statute 2374

696.

Aug. 3, 1955

498

1-8

69:445

1102-1102g.

Revised Statute 2372

697.

May 14, 1890

207

26:109

1111-1117.

May 18, 1898

June 15, 1880

344

277

Mar. 2, 1889

381

Mar. 1, 1907

2286

Revised Statute 2361

2

3, 4
4

30:418

21:238

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

Act of

Chapter

Sept. 1, 1893

J. Res. 4

May 11, 1896

168

Jan. 18, 1897

62

June 23, 1897
Mar. 1, 1899

Section

Statute
at Large

43 U.S. Code

Chapter

28:11

1118.

Mar. 3, 1891

561

1, 2

29:116

1119.

Aug. 30, 1949

521

1-3, 5, 7

29:490

1131-1134.

9. Pittman Underground Water Act:

8

30:105

328

30:966

Sept. 22, 1922

6. Sales of Isolated Tracts:
Revised Statute 2455

1171.

Feb. 26, 1895

133

28:687

June 27, 1906

3554

34:517

Mar. 28, 1912

67

37:77

Mar. 9, 1928

164

45:253

June 28, 1934

865

July 30, 1947

383

61:630

Apr. 24, 1928

428

45:457

1171a.

May 23, 1930

313

46:377

1171b.

Feb. 4, 1919

13

40:1055

1172.

May 10, 1920

178

41:595

1173.

Aug. 11, 1921

62

42:159

1175.

May 19, 1926

337

44:566

1176.

Feb. 14, 1931

170

46:1105

1777.

26:1099

732.
733-736.

14

48:1274

7. Alaska Special Laws:
Mar. 3, 1891

561

May 25, 1926

379

44:629

May 29, 1963

P.L.
88-34

77:52

July 24, 1947

305

61:414

738.

Aug. 17, 1961

P.L. 87147

75:384

270-13.

Oct. 3, 1962

P.L. 87742

76:740

July 19, 1963

P.L.
86-66

77:80

687b-5.

11

30:409

270.

May 14, 1898

299

Mar. 3, 1903

1002

Apr. 29, 1950

137

Aug. 3, 1955

496

Apr. 29, 1950

137

July 11, 1956

571

July 8, 1916

228

June 28, 1918

110

July 11, 1956

1

571

1

70:528

96

1

42:415

1, 4

72:730

32:1028
1

64:94
69:444

270, 687a-2.

2-5

64:95

270-5, 260-6,
270-7, 687a-1.

2

70:529

270-7.

39:352

270-8, 270-9.

40:632

270-10, 270-14.

8. Alaska Settlement Laws:
Mar. 8, 1922

Act of

270-11.

Aug. 23, 1958

P.L. 85725

Apr. 13, 1926

121

44:243

270-15.

Apr. 29, 1950

134

3

64:93

270-16, 270-17.

May 14, 1898

299

10

30:413

270-4, 687a to
687a-5.

Mar. 3, 1927

323

44:1364

May 26, 1934

357

48:809

Aug. 23, 1958

P.L. 85725

3

72:730

400

Section

Statute
at Large

13

26:1100

687a-6.

63:679

687b to 687b-4.

42:1012

356

43 U.S. Code

(c) [the original Act does not include a section 703(b)]
[43 U.S.C. 270–12, 270–12 note] Effective on and after the
tenth anniversary of the date of approval of this Act,
section 2 of the Act of March 8, 1922 (42 Stat. 415,
416), as amended by section 2 of the Act of August
23, 1958 (72 Stat. 730), is further amended to read:
“The coal, oil, or gas deposits reserved to the
United States in accordance with the Act of March 8,
1922 (42 Stat. 415; 43 U.S.C. 270–11 et seq.), as
added to by the Act of August 17, 1961 (75 Stat. 384;
43 U.S.C. 270–13), and amended by the Act of
October 3, 1962 (76 Stat. 740; 43 U.S.C. 270–13),
shall be subject to disposal by the United States
in accordance with the provisions of the laws
applicable to coal, oil, or gas deposits or coal, oil,
or gas lands in Alaska in force at the time of such
disposal. Any person qualified to acquire coal, oil,
or gas deposits, or the right to mine or remove
the coal or to drill for and remove the oil or gas
under the laws of the United States shall have the
right at all times to enter upon the lands patented
under the Act of March 8, 1922, as amended,
and in accordance with the provisions hereof, for
the purpose of prospecting for coal, oil, or gas
therein, upon the approval by the Secretary of the
Interior of a bond or undertaking to be filed with
[the Secretary] as security for the payment of all
damages to the crops and improvements on such
lands by reason of such prospecting. Any person
who has acquired from the United States the
coal, oil, or gas deposits in any such land, or the
right to mine, drill for, or remove the same, may
reenter and occupy so much of the surface thereof
incident to the mining and removal of the coal, oil,
or gas therefrom, and mine and remove the coal
or drill for and remove oil and gas upon payment
of the damages caused thereby to the owner
thereof, or upon giving a good and sufficient
bond or undertaking in an action instituted in any
competent court to ascertain and fix said damages:
Provided, That the owner under such limited patent
shall have the right to mine the coal for use on the
land for domestic purposes at any time prior to the

83

84

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

disposal by the United States of the coal deposits:
Provided further, That nothing in this Act shall be
construed as authorizing the exploration upon or
entry of any coal deposits withdrawn from such
exploration and purchase.”
(d) Section 3 of the Act of August 30, 1949
(63 Stat. 679; 43 U.S.C. 687b et seq.), [43 U.S.C. 687b-2]
is amended to read:
“Notwithstanding the provisions of any Act
of Congress to the contrary, any person who
prospects for, mines, or removes any minerals
from any land disposed of under the Act of August
30, 1949 (63 Stat. 679), shall be liable for any
damage that may be caused to the value of the
land and tangible improvements thereon by such
prospecting for, mining, or removal of minerals.
Nothing in this section shall be construed to impair
any vested right in existence on August 30, 1949.”

Act of

Chapter

Mar. 15, 1910

96

June 25, 1910

421

Section

1, 2

Statute
at Large

43 U.S. Code

36:237

643.

36:847

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

All except the second and third provisos.
June 25, 1910

431

13

36:858

148.

Mar. 12, 1914

37

1

38:305

975b.

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

316

1

38:727

June 9, 1916

137

2

39:219

569(a).

Under “Class One,” only the words “withdrawal and.”
Dec. 29, 1916

9

10

39:865

300.

June 7, 1924

348

9

43:655

16 U.S.C. 471.

Aug. 19, 1935

561

“Sec. 4”

49:661

22 U.S.C. 277c.

In “Sec. 4”, only paragraph “c” except the proviso thereof.
Mar. 3, 1927

299

4

44:1347

25 U.S.C. 398d.

May 24, 1928

729

Dec. 21, 1928

42

4

45:729

49 U.S.C. 214.

9

45:1063

Mar. 6, 1946

58

617h.

69:36

617h.

30 U.S.C. 229a.

Only the proviso thereof.

First sentence only.
June 16, 1934

Repeal of Withdrawal Laws
Sec. 704.
(a) Effective on and after the date of approval of
this Act, the implied authority of the President to
make withdrawals and reservations resulting from
acquiescence of the Congress (U.S. v. Midwest Oil
Co., 236 U.S. 459) and the following statutes and
parts of statutes are repealed:
Act of
Oct. 2, 1888

Chapter

Section

1069

Statute
at Large
25:527

43 U.S. Code
662.

Only the following portion under the section headed U.S. Geological survey:
The last sentence of the paragraph relating to investigation of irrigable
lands in the arid region, including the proviso at the end thereof.
Mar. 3, 1891

561

24

26:1103

16 U.S.C. 471.

Mar. 1, 1893

183

21

27:510

33 U.S.C. 681.

Aug. 18, 1894

301

4

28:422

641.

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

299

10

30:413

687a-4.

32:388

416.

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

1093

3

Only that portion of section three preceding the first proviso.
Apr. 16, 1906

1631

1

34:116

561.

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

3559

Only the words “withdraw and”.

4

34:520

557

“Sec. 40(a)”

48:977

May 1, 1936

254

2

49:1250

May 31, 1938

304

52:593

25 U.S.C. 497.

July 20, 1939

334

53:1071

16 U.S.C. 471b.

May 28, 1940

220

1

54:224

16 U.S.C. 552a.

8

70:110

620g.

The proviso only.

561.

All except the second proviso.
Apr. 11, 1956

203

Only the words “and to withdraw public lands from entry or other
disposition under the public land laws.”
Aug. 10, 1956

Chapter
949

9772

70A:588

Aug. 16, 1952

P.L. 87590

4

76:389

10 U.S.C. 4472,
9772.
616c.

Only the words “and to withdraw public lands from entry or other
disposition under the public land laws.”

(b) The second sentence of the Act of March 6,
1946 (60 Stat. 36; 43 U.S.C. 617(h)), [43 U.S.C. 617h] is
amended by deleting “Thereafter, at the direction
of the Secretary of the Interior, such lands” and by
substituting therefor the following: “Lands found
to be practicable of irrigation and reclamation by
irrigation works and withdrawn under the Act of
March 6, 1946 (43 U.S.C. 617(h)).”

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

Repeal of Law Relating to
Administration of Public Lands

Repeal of Laws Relating to
Rights-of-Way

Sec. 705.

Sec. 706.

(a) Effective on and after the date of approval of
this Act, the following statutes or parts of statutes
are repealed:
Act of

Chapter

1. Mar. 2, 1895

174

2. June 28, 1934

865

June 26, 1936
June 19, 1948
July 9, 1962

Section

Statute
at Large

43 U.S. Code

28:744

176.

8

48:1272

315g.

842

3

49:1976,
title I.

548

1

62:533

(a) Effective on and after the date of approval of
this Act, R.S. 2477 (43 U.S.C. 932) is repealed in
its entirety and the following statutes or parts of
statutes are repealed insofar as they apply to the
issuance of rights-of-way over, upon, under, and
through the public lands and lands in the National
Forest System:
Act of

Chapter

Section

Statute
at Large

Revised Statutes
2339

43 U.S. Code
661.

P.L. 87524

76:140

315g-1.

3. Aug. 24, 1937

744

50:748

315p.

4. Mar. 3, 1909

271

35:845

772.

The following words only: “and the right-of-way for the construction of
ditches and canals for the purpose herein specified is acknowledged and
confirmed: but whenever any person, in the construction of any ditch
or canal, injures or damages the possession of any settler on the public
domain, the party committing such injury or damages shall be liable to the
party injured for such injury or damage.”

871a.

Revised Statutes
2340

2d proviso
only.

June 25, 1910

J. Res.
40

36:884

5. June 21, 1934

689

48:1185

661.

6. Revised Statute
2447

1151.

The following words only: “, or rights to ditches and reservoirs used in
connection with such water rights,”

Revised Statute
2448

1152.

Feb. 26, 1897

335

Mar. 3, 1899

427

7. June 6, 1874

223

18:62

1153; 1154.

8. Jan. 28, 1879

30

20:274

1155.

9. May 30, 1894

87

28:84

1156.

10. Revised Statute
2471

1191.

Revised Statute
2472

1192.

Revised Statute
2473

1193.

11. July 14, 1960

12. Sept. 26, 1970
13. July 31, 1939

P.L. 86649

101202(a),
203204(a),
301-303.

P.L. 91429
401

74:506

84:885
1, 2

53:1144

1361, 1362,
1363-1383.

1362a.

1

29:599

664.

30:1233

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

The following words only: “that in the form provided by existing law the
Secretary of the Interior may file and approve surveys and plots of any
right-of-way for a wagon road, railroad, or other highway over and across
any forest reservation or reservoirs site when in [the Secretary’s] judgment
the public interests will not be injuriously affected thereby.”
Mar. 3, 1975

152

May 14, 1898

299

Feb. 27, 1901

614

June 26, 1906

3548

2-9

18:482

934-939.

30:409

942-1 to 942-9.

31:815

943.

34:481

944.

Mar. 3, 1891

561

18-21

26:1101

946-949.

Mar. 4, 1917

184

1

39:1197

May 28, 1926

409

44:668

Mar 1, 1921

93

41:1194

950.

Jan. 13, 1897

11

20:484

952-955.

Mar. 3, 1923

219

42:1437

Jan. 21, 1895

37

28:635

May 14, 1896

179

29:120

May 11, 1898

292

30:404

Mar. 4, 1917

184

Feb. 15, 1901

372

31:790

959 (16 U.S.C.
79, 522).

Mar. 4, 1911

238

36:1253

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

2

951, 956, 957.

39:1197

Only the last two paragraphs under the subheading “Improvement of the
National Forests” under the hea[d]ing “Forest Service.”

85

86

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Act of

Chapter

Section

Statute
at Large

43 U.S. Code

May 27, 1952

338

66:95

May 21, 1896

212

29:127

962-965.

Apr. 12, 1910

155

36:296

966-970.

June 4, 1897

2

30:35

16 U.S.C. 551.

1

Only the eleventh paragraph under Surveying the public lands.

Severability
Sec. 707 [43 U.S.C. 1701 note]. If any provision of this
Act or the application thereof is held invalid, the
remainder of the Act and the application thereof
shall not be affected thereby.

July 22, 1937

517

31, 32

50:525

7 U.S.C. 10101012.

Sept. 3, 1954

1255

1

68:1146

931c.

74:363

40 U.S.C. 345c.

1-3

76:1129

40 U.S.C. 319319c.

LEGISLATIVE HISTORY:

4

33:628

16 U.S.C. 524.

HOUSE REPORTS: No. 94–1163 accompanying H.R.
13777 (Comm. on Interior and
Insular Affairs) and No. 94–1724
(Comm. of Conference).

July 7, 1960

Public
Law 86608

Oct. 23, 1962

Public
Law 87852

Feb. 1, 1905

288

(b) Nothing in section 706(a), [43 U.S.C. 1701
note] 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).

Approved October 21, 1976.

SENATE REPORT: No. 94–583 (Comm. on Interior
and Insular Affairs).
CONGRESSIONAL RECORD, Vol. 122 (1976):

Feb. 23, 25, considered and passed Senate.

July 22, considered and passed House,
amended, in lieu of H.R. 13777.

Sept. 30, House agreed to conference report.

Oct. 1, Senate agreed to conference report.
PL 94-579, 1976 S 507

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

APPENDIX A
A Capsule Examination of the
Legislative History of the Federal
Land Policy and Management Act
of 1976
Eleanor R. Schwartz*
Copyright 1979 by Arizona Board of Regents.
Reprinted with permission of the publisher.
This article originally appeared in Arizona Law
Review, vol. 21, no. 2, pp. 285-300.

Perhaps in recognition of the importance of the
Act, particularly to the western States and because
of its complex origins, the Senate Committee on
Energy and Natural Resources in 1978 published
a committee print, Legislative History of the
Federal Land Policy and Management Act of 1976.3
Prefacing the document is a memorandum in which
Senator Henry M. Jackson, Chairman, summarizes
for fellow committee members the background and
need for the Act. He concludes with this statement:

The “organic act” originally proposed by the
Administration in 1971 for the Bureau of Land
Management (BLM) was a relatively simple
document.1 The proposed legislation would have
repealed several hundred outdated and duplicative
laws, provided BLM with broad policy guidelines
and management tools, and given BLM disposal
and enforcement authority. However, by the time
the Federal Land Policy and Management Act was
passed in 1976, it had become a lengthy, complex
document, much more than an organic act.2 In
addition to broad management guidelines and
authority, the Federal Land Policy and Management
Act (FLPMA) provides legislative direction to
numerous specific interests and areas
of management.

The Federal Land Policy and Management Act of
1976 represents a landmark achievement in the
management of the public lands of the United
States. For the first time in the long history of the
public lands, one law provides comprehensive
authority and guidelines for the administration
and protection of the Federal lands and their
resources under the jurisdiction of the Bureau of
Land Management. This law enunciates a Federal
policy of retention of these lands for multiple use
management and repeals many obsolete public
land laws which heretofore hindered effective
land use planning for and management of public
lands. The policies contained in the Federal
Land Policy and Management Act will shape
the future development and conservation of a
valuable national asset, our public lands.4

______________________________________
* Chief, Office of Legislation and Regulatory Management, Bureau of Land Management, Department of the Interior. B.A. 1931, Hunter
College; J.D. 1937, New York University. Member of the New York Bar.
1

See S. 2401, 92d Cong., 1st Sess., 117 CONG. REC. 28956, 28957 (1971).

2

See 43 U.S. C. §§ 1701-1782 (9176).

3

SENATE COMMITTEE ON ENERGY & NATURAL RESOURCES, 95TH CONG., 2D SESS., LEGISLATIVE HISTORY OF THE FEDERAL LAND POLICY AND MANAGEMENT
ACT OF 1976 (1978).
4

Id. at vi.

87

88

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Much has been written about the significance of
the Federal Land Policy and Management Act, its
meaning and impact, and its relationship to the
report, One Third of the Nation’s Land, issued in
June 1970 by the Public Land Law Review Commission.
This Article will discuss briefly the legislative history
of the policies and provisions set forth in the Act.
Curiously, recreation was the subject of the first
piece of public land legislation that might be
considered a predecessor of FLPMA. In February
1970, Senators Jackson and Moss introduced into the
91st Congress a bill designed to improve outdoor
recreation activities on the public lands administered
by the Bureau of Land Management. The bill, S. 3389,
was passed by the Senate on October 7, 1970,5 about
four months after the report by the Public Land
Law Review Commission was released. The Senate
committee’s report on S. 3389 acknowledged that
the bill embodied some of the recommendations
made by the Public Land Law Review Commission.
The report identified needs of the public lands and
shortcomings of management:
Years of neglect have created many problems
on the public lands administered by the Bureau
of Land Management. Lack of regulations and
enforcement authority have resulted in wanton
vandalism and destruction of resources. Lack of
sanitation facilities has created health hazards.
Littering, overuse, and neglect have created
unsightly blights on the landscape. Lack of
public access has locked up millions of acres of
public land for the private use of but a few, and
many outstanding hunting, fishing, and other
recreation opportunities are not available. As a

result of the lack of enforcement authority and
interpretive and restoration work, irreplaceable
archeological values have been lost.6
S. 3389 recognized that the public lands
administered by BLM are vital national assets that
contain a wide variety of natural resource values,
including outdoor recreation value, which should be
developed and administered “for multiple use and
sustained yield of the several products obtainable
therefrom for the maximum benefit of the general
public.” 7 The bill contained a definition of multiple
use,8 which in substantial parts is the same as the
definition in FLPMA,9 and a definition of sustained
yield10 also quite similar to that in FLPMA.11
S. 3389 would have given the Secretary of the
Interior the authority to acquire lands or interests
necessary to provide access by the general public
to public lands for outdoor recreational purposes. It
also would have authorized allocation of Land and
Water Conservation Fund money for this purpose.12
Of more interest perhaps is the fact that S. 3389
would have provided comprehensive enforcement
authority to the Bureau of Land Management. It
made violations of public land laws and regulations
of the Secretary relating to the protection of the
public lands a violation punishable by a fine of
not more than $500 or imprisonment for not more
than six months or both.13 It also provided that the
Secretary could authorize BLM personnel to make
arrests for violations of laws and regulations.14
No action was taken on S. 3389 by the House of
Representatives.

______________________________________
5

S. 3389, 91st Cong., 2d Sess., 116 CONG. REC. 35401 (1970).

6

S. REP. No. 91-1256, 91st Cong., 2d Sess. 2 (1970).

7

S. 3389, 91st Cong., 2d Sess. § 2, 116 CONG. REC. 35401 (1970).

8

Id. § 3 (b), 116 CONG. REC. at 35402.

9

43 U.S.C. § 1702(c) (1976).

10

S. 3389, 91st Cong., 2d Sess § 3(c), 116 CONG. REC. 35401, 35402 (1970).

11

43 U.S.C. § 1702(h) (1976).

12

S. 3389, 91st Cong., 2d Sess § 4(b), 116 CONG. REC. 35401, 35402 (1970).

13

Id. § 5, 116 CONG. REC. at 35402.

14

Id. § 6, 116 CONG. REC. at 35402.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

In the 92d Congress, the Interior and Insular Affairs
Committees of both the House and the Senate
reported out bills relating to the management of
the public lands. The Senate committee had before
it two bills: Senators Jackson, Anderson, Cranston,
Hart, Humphrey, Magnuson, Metcalf, and Nelson
co-sponsored a bill, S. 921, “[t]o provide for the
protection, development, and enhancement of the
public lands, to provide for the development of
federally-owned minerals, and for other purposes.” 15
At the same time, Senators Jackson and Allott
co-sponsored at the Administration’s request S. 2401
“[to provide for the management, protection and
development of the national resource lands, and for
other purposes.” 16
As its title indicated, S. 921 addressed not only
the management of the public lands but also the
disposal of federally-owned minerals. Title II of that
bill would have been cited as the “Federal Land
Mineral Leasing Act of 1971.” It would have replaced
and repealed both the Mining Law of 1872 and
the Mineral Leasing Act of 1920, as well as several
other mineral-related laws. Since S. 2401 was the
Administration’s proposal it will be described in
somewhat more detail than other forerunners of
FLPMA. This fuller analysis will afford a basis for
comparison between what the Administration
sought as an organic act for the Bureau of Land
Management and what Congress finally enacted.
S. 2401 had a short two-paragraph declaration of
congressional policy: (1) that the national interest
would best be served by retaining the national
resource lands in federal ownership except where
the Secretary of the Interior determined that
disposal of particular tracts was consistent with
the purposes, terms, and conditions of the Act, and

(2) that the lands be managed under principles of
multiple use and sustained yield in a manner
which would, “using all practicable means and
measures,” protect the environmental quality of
those lands to assure their continued value for
present and future generations.17
The bill prohibited the use, occupancy, or
development of the national resource lands contrary
to any regulation issued by the Secretary or to any
order issued under a regulation.18 S. 2401 also
specified that an inventory of all national resource
lands and their resources be maintained and that
priority be given to areas of critical environmental
concern.19 Development and maintenance of land
use plans would be required and management
of the lands would be in accordance with these
plans. Specific guidelines were provided. These
included, among others, a requirement for land
reclamation as a condition of use and revocation
of permits upon violation of secretarial regulations
or state and federal air or water quality standards
and implementation plans. Also included was a
requirement for prompt development of
regulations for the protection of areas of critical
environmental concern.20
Another provision of S. 2401 authorized the
Secretary to sell public lands if [he or she] found
that the sale would lead to significant improvement
in the management of national resource lands or if
[the Secretary] found that it would serve important
public objectives which could not be achieved
prudently and feasibly on land other than national
resource lands. Sales were to be made at not less
than fair market value.21 Generally, conveyances of
title were to reserve minerals to the United States,
together with the right to develop them. However,

______________________________________
15

S. 921, 92d Cong., 1st Sess., 117 CONG. REC. 3558-61 (1971).

16

S. 2401, 92d Cong., 1st Sess., 117 CONG. REC. 28956 (1971). S. 2401 referred to the lands administered by the Bureau of Land
Management as “national resource lands.” This term was being used at the time by the Bureau and the Department of the Interior in an effort
to establish a more representative and mission-oriented identification for the lands than the less specific expression “public lands.”
17

S. 2401, 92d Cong., 1st Sess. § 3 (1971).

18

Id. § 4.

19

Id. § 5.

20

Id. § 7.

21

Id. § 8.

89

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

the Secretary could grant full fee title if [he or she]
found there were no minerals on the land or that
reservation of mineral rights would interfere with
or preclude development of the land and that such
development was a more beneficial use of the land
than mineral development. The Secretary would
also have been required to insert in document
of conveyance terms and conditions [he or she]
considered necessary to insure proper land use,
environmental integrity, and protection of the public
interest. In the event an area which the Secretary
identified as an area of critical environmental
concern was conveyed out of federal ownership,
the Secretary would be required to provide for the
continued protection of the area in the patent or
other document of conveyance.22 Liberal acquisition
and exchange authority was provided by the bill.23
S. 2401, as introduced, would have made violations
of regulations adopted to protect national resource
lands, other public property and public health,
safety and welfare a misdemeanor punishable by
a fine of not more than $10,000 or imprisonment
for not more than one year or both. It would have
allowed the Secretary to designate employees as
special officers authorized to make arrests or serve
citations for violations committed on the public
lands.24 The bill also provided for public hearings,
where appropriate, to give federal, state, and local
governments and the public an opportunity to
comment on “the formulation of standards and
criteria in the preparation and execution of plans
and programs and in the management of the
national resource lands.” 25 It specifically required
that any proposed “significant change in land
use plans and regulations pertaining to areas of
critical environmental concern be the subject of a
public hearing.” 26 Finally, the bill authorized the
______________________________________
22

Id. § 9.

23

Id. § 10.

24

Id. § 11.

25

Id.

26

Id. § 15.

27

Id. § 18.

28

Id. § 19.

29

Id.

30

S. REP. No. 92-1163, 92d Cong., 2d Sess. § 19, at 5 (1972).

31

Id. at 51.

32

Id.

appropriation of such sums “as are necessary to carry
out the purposes of this Act” 27 and repealed a long
list of prior laws.28
As reported out by the Senate Committee on
Interior and Insular Affairs, S. 2401 contained a
few significant changes and additions. Specific
examples of areas of critical environmental concern
were deleted, leaving only a short definition of the
term. The statement of congressional policy was
expanded, and the fine for violation of a regulation
was reduced to $1,000. There was a requirement
that the Director of the Bureau of Land Management
be appointed by the President, with the advice and
consent of the Senate. The Director would have
to possess a broad background and experience in
public land and natural resources management.29
There was no provision for repeal of any public
land laws.30
Eight members voted for and four against reporting
S. 2401 out of the Senate Committee on Interior and
Insular Affairs. The minority statement of Senators
Hansen, Fannin, Hatfield, and Bellmon expressed
agreement with the comment of President Nixon
in his 1972 Environmental Message that this type
of legislation was “something which we have been
without for too long.” 31 However, these Senators
felt that the legislation had been the subject of too
little discussion by the Committee. They noted that
the bill granted broad authority to the Secretary of
the Interior, but just how broad this authority was
had never been discussed. Their view was that the
legislation was too important to deal with in a hasty
manner, and that the Committee should have the
opportunity to study and analyze the legislation
during the next session of Congress.32 As a matter
of fact, the Committee studied, discussed, and

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

analyzed the legislation for two more Congresses
before an organic act was enacted into law. The full
Senate did not consider S. 2401 in the 92d Congress.
As will be seen, many provisions of S. 2401 considered
by the 92d Congress were enacted in the Federal
Land Policy and Management Act of 1976, sometimes
with only subtle changes or differences in emphasis.
The Interior and Insular Affairs Committee of the
House of Representatives followed a different
approach in the 92d Congress. That committee
did not consider the Administration proposal but
considered and reported out instead H.R. 7211,33 a
bill that had been introduced by Chairman Wayne
Aspinall on behalf of himself and Congressmen
Baring, Taylor, Udall, and Kyl. Although as introduced,
H.R. 7211 would have been cited as the “Public Land
Policy Act of 1971,” when it was reported out its title
was changed to “National Land Policy, Planning,
and Management Act of 1972.” The reported bill
was a comprehensive piece of legislation designed
to reflect as many as possible of the policies and
recommendations of the Public Land Law Review
Commission.34 Included was an extensive statement
of findings, goals, and objectives.35
The stated objective of H.R. 7211 was to provide for
an overall land use planning effort on the part of all
public land management agencies and to strengthen
management by providing statutory guidelines
applicable to all agencies having jurisdiction
over the public lands. The goal was management
practices that would be more uniform, more easily
administered, and more easily understood by

the public.36 Title II of the bill, “National Land Use
Planning,” provided for federal grants to eligible
states to be used in developing comprehensive
land use planning. The bill contained detailed
descriptions of the requirements to be met, specific
provision as to how and for what the funds allotted
could be expended, specifications for financial
recordkeeping, and provisions for termination or
suspension of the grants if the Secretary found that
the state’s comprehensive land use planning process
no longer met the requirements of the bill or that
the state was making no substantial progress toward
the development of a comprehensive land use
planning process.37
Title III of H.R. 7211 addressed “Coordination of
Land Use Planning and Policy.” It would have
established within the Department of the Interior
an Office of Land Use Policy and Planning to
administer the grant-in-aid program under Title II
and to coordinate between Title II programs
with the planning responsibilities of the federal
government spelled out in Title IV. The Committee
report on H.R. 7211 stated: “To insure the absence
of any mission-orientation in such administration
and coordination, the Office is separate from any
existing bureau or agency in the Department.” 38 The
bill as reported out of Committee also would have
established a complex advisory system that included
a National Land Use Policy and Planning Board,39
land use policy coordinators appointed by the Board
members,40 Departmental Advisory Committees,41
and local advisory councils.42

______________________________________
33

H.R. 7211, 92d Cong., 2d Sess., 118 CONG. REC. 27179 (1972).

34

See PUBLIC LAND LAW REVIEW COMMISSION, ONE THIRD OF THE NATION’S LAND (1970).

35

H.R. 7211, 92d Cong., 2d Sess. § 101, 118 CONG. REC. 27179 (1972).

36

H.R. REP. No. 1306, 92d Cong., 2d Sess. 39 (1972).

37

H.R. 7211, 92d Cong., 2d Sess. tit. II, 118 CONG. REC. 27179 (1972).

38

H.R. REP. No. 92-1306, 92d Cong., 2d Sess. 30 (1972).

39

H.R. 7211, 92d Cong., 1st Sess. § 303, 118 CONG. REC. 27179 (1972).

40

Id. § 304, 118 CONG. REC. at 27179.

41

Id. § 306, 118 CONG. REC. at 27179.

42

Id. § 307, 118 CONG. REC. at 27179.

91

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Title IV of H.R. 7211 was “Public Land Policy and
Planning.” The term “public lands” was defined as “any
lands owned by the United States without regard
to how the United States acquired ownership, and
without regard to the agency having responsibility
for management thereof.” 43 Excluded were lands
held in trust for the Indians, Aleuts, and Eskimos
and certain lands acquired by the General Services
Administration and other federal agencies.44 Thus,
the coverage of H.R. 7211 was far broader than had
been proposed in any other of the public land bills
before the Congress. Because many of the lands
encompassed by its definition were covered by
existing statutes, the bill declared specifically that
the policies therein were supplemental to and not
in derogation of the purposes for which units of the
National Park System, National Forest System, and
National Wildlife Refuge System were established
and administered and for which public lands
were administered by departments other than
Agriculture and the Interior in the fulfillment of their
statutory obligations.45
Title IV of H.R. 7211 contained sixteen declarations
of policy that were based generally on
recommendations of the Public Land Law Review
Commission. The House Committee in its report
recognized that each of the declarations would
require additional legislative and administrative
action.46 An anticipated five to ten years would
be required for the Congress to consider all the
recommendations of the Commission and to
develop the specific and detailed statutory language
necessary to implement the recommendations
that Congress agreed to. H.R. 7211 was designed
to establish a “policy framework” within which
the legislation to implement each policy could be
contained, so that future congressional action could
be on a coordinated basis.47
The sixteen statements of policy are interesting as
a reflection of the recommendations of the Public

______________________________________
43

Id. § 503(n), 118 CONG. REC. at 27179.

44

Id. § 503(n)(3), 118 CONG. REC. at 27179.

45

Id. § 401, 118 CONG. REC. at 27179.

46

H.R. REP. No. 92-1306, 92d Cong., 2d Sess. 35 (1972).

47

See id. at 36.

Land Law Review Commission and in the light of
the legislation finally enacted by Congress. Stated
briefly, as they appear in the report of the House
Committee, these recommended policies are:
(1) Public lands generally be retained in
federal ownership;
(2) public land classifications be reviewed to
determine the type of use that will provide
maximum benefit for the general public in
accordance with overall land use planning goals;
(3) Executive withdrawals be reviewed to ascertain
if they are of sufficient extent, adequately
protected from encroachment, and in accordance
with the overall land use planning goals of the
Act, with a view toward securing a permanent
statutory base for units of the National Park, Forest,
and Wildlife Refuge Systems;
(4) Congress exercise withdrawal authority
generally and establish specific guidelines for
limited Executive withdrawals;
(5) public land management agencies be required to
establish and adhere to administrative procedures;
(6) statutory land use planning guidelines be
established providing for management of the
public lands generally on the basis of multiple use
and sustained yield;
(7) public lands be managed for protection of
quality of scientific, scenic, historical, ecological,
and archeological values; for preservation and
protection of certain lands in their natural
conditions; to reconcile competing demands; to
provide habitat for fish and wildlife; and to provide
for outdoor recreation;

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

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

by an agency head with reference to public lands
administered by [him or her] punishable by fine or
imprisonment or both. Title V of H.R. 7211 contained
appropriation authorization, the repeal of many
prior public land laws, and a series of definitions of
terms used.
Time did not permit consideration of H.R. 7211 by
the full House before the 92d Congress ended.
In the 93d Congress, the Senate had before it
S. 424,49 which Senator Jackson introduced on
behalf of himself and Senators Bennett, Church,
Gurney, Haskell, Humphrey, Inouye, Metcalf, Moss,
Pastore, and Tunney. The Senate also had the
Administration’s proposal, S. 1041.50 On July 8, 1974,
S. 424 was passed by the Senate by a vote of 71 to 1,
with 28 members not voting.51 S. 424, with very few
changes, was reintroduced in the 94th Congress as
S. 507.52 The new bill applied only to national resource
lands—those lands administered by the Bureau of
Land Management except the Outer Continental Shelf.
S. 507 contained these basic provisions relating to
land management:
(1) management of the national resource lands
under principles of multiple use and sustained yield;
(2) a return of fair market value to the federal
government for the use or sale of lands;
(3) inventory;
(4) emphasis on planning;
(5) authority to issue regulations;

In addition to the extensive declaration of policy,
Title IV of H.R. 7211 contained provisions relating to
inventory, planning, public land use, management
directives, and executive withdrawals. The bill also
provided enforcement authority to land managing
agencies and made violations of regulations issued
______________________________________
48

Id. at 36-39.

49

S. 424, 93d Cong., 1st Sess., 119 CONG. REC. 1339 (1973)

50

S. 1041, 93d Cong., 1st Sess., 119 CONG. REC. 5741 (1973).

51

120 CONG. REC. 22296 (1974).

52

S. 507, 94th Cong., 1st Sess., 121 CONG. REC. 1821 (1975).

(6) public participation;
(7) advisory boards;
(8) annual reports;

93

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

(9) general management authority with
specific guidelines;

(23) a complete consolidation and revision of the
authority to grant rights-of-way; and

(10) sales authority;

(24) repeal of disposal, rights-of-way, and other
statutes which this law was replacing.

(11) expanded exchange authority;
(12) authority to convey reserved mineral interests;
(13) reenactment of the Public Land
Administration Act of 1960 to put all land
managing authorities into one statute;
(14) authority to issue recordable disclaimers of
interest and to issue and correct patents;
(15) to afford an opportunity to zone or otherwise
regulate the use of land, a requirement to notify
states and local governmental units with zoning
authority of any proposal to convey lands;
(16) authority to acquire land;
(17) creation of a working capital fund;
(18) enforcement authority;
(19) authority in the Secretary to cooperate with
state and local governments in the enforcement of
state and local laws on national resource lands;
(20) special provisions for cadastral survey
operations and resource protection;
(21) special provisions for long-range planning for
the “California Desert Area”;

S. 507, as passed by the Senate in the 94th
Congress on February 25, 1976,53 had these
additional provisions that were not in S. 424 in
the 93d Congress:
(1) provisions for disposal of “omitted” lands;
(2) amendments to the Mineral Leasing Act of
1920 to increase the percentage of revenues paid
to states;
(3) provision for mineral impact relief loans; and
(4) provisions for recordation of mining claims and
a conclusive presumption that any recorded claim
for which the claimant did not make application
for a patent within ten years after recordation is
abandoned and therefor void.
There were two points of particular interest in the
Senate floor debate on S. 507. The first point involved
an amendment by Senator McClure that would
have deleted from the provisions relating to mining
claims the requirement that application for patents
for mining claims be made within ten years.54 The
second point of particular interest involved grazing
fees. Senator Hansen introduced an amendment
that incorporated a formula for establishing a fee for
grazing of domestic livestock on the public lands.
The issue was vigorously debated on February 23

(22) provisions for oil shale revenues;
______________________________________
53

122 CONG. REC. 4423 (1976).

54

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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

and again on the 25th. The grazing fee was opposed
by Senators Jackson and Metcalf and by the National
Wildlife Federation and the American Forestry
Association, all of whose letters of opposition appear
in the Congressional Record.55 The amendment was
also opposed by the Administration and eventually
was rejected 36 to 53.56 On February 25, after this
amendment was rejected, S. 507 was passed by the
Senate 78 to 11, with 11 members not voting.57
During the 93d and 94th Congresses, the Interior
and Insular Affairs Committee of the House of
Representatives was taking a different approach
to public land legislation. Under the leadership
of Representative John Melcher as Chairman, the
Subcommittee on Public Lands held a series of
meetings during which the members discussed and
debated what they believed should be included in
a bill. The Committee staff put proposed provisions
into legislative language as the sessions went along.
Committee prints were prepared and circulated for
comment. By the end of the 93d Congress, eight
prints had been prepared. Congressman John
Dellenback had prepared a series of correcting
amendments to the last print, but Congress
adjourned before all the amendments could be
incorporated into a bill. Two bills were actually
introduced—H.R. 16676, and then H.R. 16800, a
clean bill which corrected some errors discovered in
the earlier bill.
During the 94th Congress the Public Lands
Subcommittee of the House Interior Committee
conducted additional work sessions that culminated
in the introduction of H.R. 13777.58 This bill as
reported out by the Committee not only granted
management and enforcement authorities to the
Bureau for public lands under its jurisdiction but
also applied to public domain lands in the National

Forest System. Some of the provisions relating to the
Forest Service System were deleted when the bill
was debated on the floor of the House. Passed by
the House on July 22, 1976,59 H.R. 13777 contained
all the now-familiar provisions of previous bills plus
many new ones. The new provisions included:
(1) a grazing fee formula applicable to BLMadministered lands and lands in the National
Forest System;
(2) provisions relating to duration of grazing leases
applicable to BLM and National Forest System lands;
(3) requirements for grazing advisory boards,
applicable to both BLM and Forest Service;
(4) provisions relating to wild horses and burros,
also applicable to both BLM and Forest Service;
(5) amendment of what is frequently called the
Unintentional Trespass Act;60
(6) provisions relating to the “California Desert
Conservation Areas;” and
(7) the “King Range National Conservation Area.” 61
After the House passed H.R. 13777, S. 507 was
considered, amended to read as H.R. 13777 did,
and passed.62
As expected, the Senate disagreed to the
amendments of the House and requested a
conference. On July 30, 1976, Senate conferees
were appointed: Jackson, Church, Metcalf,
Johnston, Haskell, Bumpers, Hansen, Hatfield,
and Fannin. Senator Fannin was replaced later by
Senator McClure. Conferees from the House were
Representatives Melcher, Johnson (Cal.), Seiberling,

______________________________________
55

122 CONG. REC. 4419 (1976).

56

Id. at 4422.

57

Id. at 4423.

58

H.R. 13777, 94th Cong., 2d Sess., 122 CONG. REC. 13815 (1976).

59

122 CONG. REC. 23483 (1976).

60

43 U.S. C. §§ 1431-1435 (1976).

61

These add-ons have sometimes been called the “Christmas-tree amendments.”

62

122 CONG. REC. 23508 (1976).

95

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Udall, Phillip Burton, Santini, Weaver, Steiger (Ariz.),
Clausen and Young (Alaska). At an organizational
meeting held on August 30, 1976, Congressman
Melcher was elected chairman. The conferees
determined that because of all the primaries
scheduled for early September, the first working
session of the conferees could not be held until
September 15. Staff was instructed to study the
Senate and House versions of S. 507, identify areas
of virtual agreement, outline areas of disagreement,
and recommend alternatives for resolving those
areas of disagreement.
The first difference in text addressed by the
conferees was the short title of the Act. The title of
the House amendment was “Federal Land Policy
and Management Act of 1976.” The title of the
Senate amendment was “National Resource Lands
Management Act.” The Senate staff deferred to the
House staff on the title, and the conferees concurred.
The second issue involved the term to be used in
referring to lands administered by the Bureau of
Land Management. The conferees adopted the term
used by the House—public lands —although they
recognized, as the staff pointed out, that in the past
that had been a confusing term, referring sometimes
to public domain lands and other times to acquired
lands. And so it went. During four sessions, on
September 15, 20, 21, and 22 and spanning more
than twelve hours, the conferees had extensive
discussions but relatively little problem agreeing to
language to be incorporated into the Act—with
four major exceptions. These exceptions almost
killed the Act.

It also provided for grazing district advisory boards,
as distinct from the multiple use advisory councils.64
The Senate conferees, particularly Senator Metcalf,
objected to these provisions. The Senate version of
the Act contained a provision that required mining
claimants to make application for patent within
ten years after the date of recordation of the claim.
If the claimant failed to do so, the claim would
be conclusively presumed to be abandoned and
would be void.65 The House conferees, particularly
Congressman Santini, objected to this.
These issues of grazing and mining were debated
extensively on September 22nd. Before the end
of that five-hour session, Senator Metcalf offered
a “package compromise.” 66 The proposed
compromise required:
(1) that the grazing fee provisions be deleted from
the bill—in effect that the House would accede to
the Senate on section 401;
(2) that the Senate agree with the House on the
already adopted Metcalf/Santini amendment that
all grazing leases be for ten years;
(3) that the conferees accept the grazing advisory
boards with their functions limited to expenditure
of range improvement fees;67
(4) with respect to the Senate language on mining
claims, that the language be applicable only to
mining claims filed after enactment of the Act, not
pre-existing claims.

The House version of the Act contained a grazing fee
formula and a provision for ten-year grazing permits.63

______________________________________
63

R. 13777, 94th Cong., 1st Sess. §§ 210, 211, 122 CONG. REC. 23447-48 (1976).

64

Id § 212, 122 CONG. REC. at 23448.

65

S. 507, 94th Cong., 1st Sess., § 207, 122 CONG. REC. 23497 (1976).

66

The proposal actually was brought to the conferees by D. Michael Harvey, Staff Counsel, because Senator Metcalf was at a meeting of
the Committee on Committees.
67

Mr. Harvey noted that this was as far as Senator Metcalf would go on an individual basis, but as part of the package he would add to
the functions of the grazing advisory boards the development of the management allotment plans.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

The conferees could not agree on the compromise that
day but did agree to meet again on September 23rd
just in advance of the Conference on the National
Forest Management Act of 1976 that was due to
start at 1:30 p.m. Several of the conferees on
S. 507 were also on the Forest Act conference. The
conferees convened at 1:10 p.m. on September 23rd.
Congressman Santini offered a substitute compromise
that would knock out advisory boards, have five-year
leases in return for keeping grazing fees, and knock
out the patent provisions. Senator Metcalf countered
with a proposal to accept the first three amendments

he had offered and knock out the Senate language
on mining. This was rejected by the Senate conferees
and at 1:20 p.m., the Conference was adjourned
by Chairman Melcher who said he saw no point in
prolonging the meeting. For the moment, hopes
dimmed for passage of an Organic Act for the Bureau
of Land Management. The 94th Congress was in its
last-minute rush before adjournment. But as with
many pieces of landmark legislation, a compromise
was reached at the eleventh hour, reportedly as a
result of behind-the-scenes lobbying by interested
private parties.68

______________________________________
68

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

97

98

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

On September 28, Congressman Melcher made a last
minute effort to reach a compromise and get a public
land management act in the 94th Congress. He called
a meeting of the Conference Committee to commence
at 5:30 p.m. that evening. The meeting was held in a
very small room in the Congress. Very few persons,
other than conferees and staff, were permitted in the
room. Dozens of interested persons filled the halls
and corridors leading to the meeting room. Within
a few minutes of coming together, the conferees
took a thirty-minute break. Word spread among
the assembled crowd that the meeting was going
badly. However, when the conferees reassembled at
7 p.m., those present voted almost immediately for

the compromise that had been suggested earlier.
The conferees and staff walked quickly out of the
conference room. As they made their way down the
corridor, they received the quiet congratulations of the
very interested group of people who had waited to
hear the final outcome of the session.
In keeping with its somewhat stormy and cliffhanger
history, the conference report was passed by the
House on September thirtieth, and by the Senate
on October first, just hours before the 94th session
ended. The Act was signed by the President on
October 21, 1976, and became Public Law 94-579,
90 Stat. 2743.

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

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

APPENDIX B
Amending Laws for the Federal
Land Policy and Management Act
Adapted from WestlawNext with the permission
of Thomson Reuters. This list was updated with
information from the current United States Code
found at http://uscode.house.gov.

In Chronological Order
Pub. L. No. 95–352, § 1(f ), Aug. 20, 1978, 92 Stat. 515
(43 U.S.C. 1747)
Pub. L. No. 95–514, §§ 6(b), 7, 8, 10, 13, Oct. 25, 1978,
92 Stat. 1806–1808 (43 U.S.C. 1739, 1751 to 1753)
Pub. L. No. 97–451, title I, §§ 104(a), 111(g), Jan. 12, 1983,
96 Stat. 2451, 2456 (30 U.S.C. 191)
Pub. L. No. 98–300, May 25, 1984, 98 Stat. 215
(43 U.S.C. 1764)
Pub. L. No. 98–540, § 2, Oct. 24, 1984, 98 Stat. 2718
(43 U.S.C. 1737)
Pub. L. No. 99–545, §§ 1(b), 2, Oct. 27, 1986,
100 Stat. 3047, 3048 (43 U.S.C. 1761, 1764)
Pub. L. No. 99–632, § 5, Nov. 7, 1986, 100 Stat. 3521
(43 U.S.C. 1715)
Pub. L. No. 100–203, title V, § 5109, Dec. 22, 1987,
101 Stat. 1330–261 (30 U.S.C. 191)
Pub. L. No. 100–409, §§ 3, 9, 10, Aug. 20, 1988,
102 Stat. 1087, 1092 (43 U.S.C. 1716, 1723)
Pub. L. No. 100–443, § 5(b), Sept. 22, 1988, 102 Stat. 1768
(30 U.S.C. 191)
Pub. L. No. 100–586, Nov. 3, 1988, 102 Stat. 2980
(43 U.S.C. 1732)
Pub. L. No. 101–286, title II, § 204(c), May 9, 1990,
104 Stat. 175 (43 U.S.C. 1737)
Pub. L. No. 101-650, title III, § 321, Dec. 1, 1990,
104 Stat. 5117 (43 U.S.C. 1733)
Pub. L. No. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000
(43 U.S.C. 1782)

Pub. L. No. 102-285, § 10(b), May 18, 1992, 106 Stat. 172
(43 U.S.C. 1782)
Pub. L. No. 102–486, title XXIV, § 2401, Oct. 24, 1992,
106 Stat. 3096 (43 U.S.C. 1761)
Pub. L. No. 103–66, title X, § 10201, Aug. 10, 1993,
107 Stat. 407 (30 U.S.C. 191)
Pub. L. No. 103–437, § 16(d)(1), 16(d)(2), 16(d)(3), Nov. 2,
1994, 108 Stat. 4594, 4595 (43 U.S.C. 1714, 1723, 1741)
Pub. L. No. 104–333, div. I, title III, § 310, title VIII, § 803(a),
title X, § 1032(a), Nov. 12, 1996, 110 Stat. 4139, 4186,
4239 (16 U.S.C. 1338a, 43 U.S.C. 1748, 1764)
Pub. L. No. 106–393, title V, § 503, Oct. 30, 2000,
114 Stat. 1624 (30 U.S.C. 191)
Pub. L. No. 108–7, div. F, title IV, § 411(e), Feb. 20, 2003,
117 Stat. 291 (43 U.S.C. 1746)
Pub. L. No. 109–58, title III, § 365(g), Aug. 8, 2005,
119 Stat. 725 (30 U.S.C. 191)
Pub. L. No. 113–67, div. A, title III, § 302, Dec. 26, 2013,
127 Stat. 1181 (30 U.S.C. 191)
Pub. L. No. 113–287, § 5(l)(6), 5(l)(7), Dec. 19, 2014,
128 Stat. 3271 (43 U.S.C. 1712, 1714)
Pub. L. No. 113–291, div. B, title XXX, § 3023, Dec. 19, 2014,
128 Stat. 3762 (43 U.S.C. 1752)
Pub. L. 115-141, div. O, title II, §211, Mar 23, 2018, 132 Stat.
1068 (43 U.S.C. 1772)

In Order By Section:*
Sec. 202
Pub. L. No. 113–287, § 5(l)(6), Dec. 19, 2014, 128 Stat. 3271
(43 U.S.C. 1712)

Sec. 204
Pub. L. No. 103–437, § 16(d)(1), Nov. 2, 1994,
108 Stat. 4594 (43 U.S.C. 1714)
Pub. L. No. 113–287, § 5(l)(7), Dec. 19, 2014, 128 Stat. 3271
(43 U.S.C. 1714)

99

100

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

Sec. 205
Pub. L. No. 99–632, § 5, Nov. 7, 1986, 100 Stat. 3521
(43 U.S.C. 1715)

Sec. 206
Pub. L. No. 100–409, §§ 3, 9, Aug. 20, 1988, 102 Stat. 1087,
1092 (43 U.S.C. 1716)

Sec. 215
Pub. L. No. 100–409, § 10, Aug. 20, 1988, 102 Stat. 1092
(43 U.S.C. 1723)
Pub. L. No. 103–437, § 16(d)(2), Nov. 2, 1994,
108 Stat. 4594 (43 U.S.C. 1723)

Sec. 302
Pub. L. No. 100–586, Nov. 3, 1988, 102 Stat. 2980
(43 U.S.C. 1732)

Sec. 303
Pub. L. No. 101-650, title III, § 321, Dec. 1, 1990,
104 Stat. 5117 (43 U.S.C. 1733)

Sec. 307
Pub. L. No. 98–540, § 2, Oct. 24, 1984, 98 Stat. 2718
(43 U.S.C. 1737)
Pub. L. No. 101–286, title II, § 204(c), May 9, 1990,
104 Stat. 175 (43 U.S.C. 1737)

Sec. 309
Pub. L. No. 95–514, § 13, Oct. 25, 1978, 92 Stat. 1808
(43 U.S.C. 1739)

Sec. 311
Pub. L. No. 103–437, § 16(d)(3), Nov. 2, 1994,
108 Stat. 4595 (43 U.S.C. 1741)

Sec. 316
Pub. L. No. 108–7, div. F, title IV, § 411(e), Feb. 20, 2003,
117 Stat. 291 (43 U.S.C. 1746)

Sec. 317
Pub. L. No. 95–352, § 1(f ), Aug. 20, 1978, 92 Stat. 515
(43 U.S.C. 1747)
Pub. L. No. 97–451, title I, §§ 104(a), 111(g), Jan. 12, 1983,
96 Stat. 2451, 2456 (30 U.S.C. 191)
Pub. L. No. 100–203, title V, § 5109, Dec. 22, 1987,
101 Stat. 1330–261 (30 U.S.C. 191)
Pub. L. No. 100–443, § 5(b), Sept. 22, 1988, 102 Stat. 1768
(30 U.S.C. 191)
Pub. L. No. 103–66, title X, § 10201, Aug. 10, 1993,
107 Stat. 407 (30 U.S.C. 191)
Pub. L. No. 106–393, title V, § 503, Oct. 30, 2000,
114 Stat. 1624 (30 U.S.C. 191)

Pub. L. No. 109–58, title III, § 365(g), Aug. 8, 2005,
119 Stat. 725 (30 U.S.C. 191)
Pub. L. No. 113–67, div. A, title III, § 302, Dec. 26, 2013,
127 Stat. 1181 (30 U.S.C. 191)
Pub. L. No. 113–291, div. B, title XXX, § 3021(b), (c)(1),
Dec. 19, 2014, 128 Stat. 3760, 3761 (30 U.S.C. 191)

Sec. 318
Pub. L. No. 104–333, div. I, title III, § 310, Nov. 12, 1996,
110 Stat. 4139 (43 U.S.C. 1748)

Sec. 401
Pub. L. No. 95–514, § 6(b), Oct. 25, 1978, 92 Stat. 1806
(43 U.S.C. 1751)

Sec. 402
Pub. L. No. 95–514, §§ 7, 8, Oct. 25, 1978, 92 Stat. 1807
(43 U.S.C. 1752)
Pub. L. No. 113–291, div. B, title XXX, § 3023, Dec. 19, 2014,
128 Stat. 3762 (43 U.S.C. 1752)

Sec. 403
Pub. L. No. 95–514, § 10, Oct. 25, 1978, 92 Stat. 1808
(43 U.S.C. 1753)

Sec. 404
Pub. L. No. 104–333, div. I, title VIII, § 803(a), Nov. 12, 1996,
110 Stat. 4186 (16 U.S.C. 1338a)

Sec. 501
Pub. L. No. 99–545, § 1(b), Oct. 27, 1986, 100 Stat. 3047,
3048 (43 U.S.C. 1761)
Pub. L. No. 102–486, title XXIV, § 2401, Oct. 24, 1992,
106 Stat. 3096 (43 U.S.C. 1761)

Sec. 504
Pub. L. No. 98–300, May 25, 1984, 98 Stat. 215 (43 U.S.C. 1764)
Pub. L. No. 99–545, § 2, Oct. 27, 1986, 100 Stat. 3048
(43 U.S.C. 1764)
Pub. L. No. 104–333, div. I, title X, § 1032(a), Nov. 12, 1996,
110 Stat. 4239 (43 U.S.C. 1764)

Sec. 512
Pub. L. 115-141, div. O, title II, §211, Mar 23, 2018, 132 Stat.
1068 (43 U.S.C. 1772)

Sec. 603
Pub. L. No. 102-154, title I, Nov. 13, 1991, 105 Stat. 1000
(43 U.S.C. 1782)
Pub. L. No. 102-285, § 10(b), May 18, 1992, 106 Stat. 172
(43 U.S.C. 1782)

______________________________________
* Though certain amendments changed more than one section of FLPMA, this list shows only the United States Code for each section.

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

APPENDIX C
Correlation of Public Law to United
States Code for the Federal Land
Policy and Management Act
Adapted from WestlawNext with the permission
of Thomson Reuters.
ection of Pub. L.
S
No. 94–579
102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
204 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
207 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
210 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
214 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
215 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
301 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
302 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
303 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
304 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
305 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
306 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

U.S.C.
Classification
43 U.S.C. 1701
43 U.S.C. 1702
43 U.S.C. 1711
43 U.S.C. 1712
43 U.S.C. 1713
43 U.S.C. 1714
43 U.S.C. 1715
43 U.S.C. 1716
43 U.S.C. 1717
43 U.S.C. 1718
43 U.S.C. 1719
43 U.S.C. 1720
43 U.S.C. 1721
43 U.S.C. 1722
43 U.S.C. 1723
43 U.S.C. 1731
43 U.S.C. 1732
43 U.S.C. 1733
43 U.S.C. 1734
43 U.S.C. 1735
43 U.S.C. 1736

ection of Pub. L.
S
No. 94–579

U.S.C.
Classification

307 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1737
308 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1738
309 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1739
310 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1740
311 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1741
312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1742
313 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1743
314 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1744
315 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1745
316 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1746
317 . . . . . . . . . . . . . . . . . . 30 U.S.C. 191; 43 U.S.C. 1747
318 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1748
401(a), (b)(1), (2) . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1751
402 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1752
403 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1753
404 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 U.S.C. 1338a
501 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1761
502 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1762
503 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1763
504 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1764
505 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1765
506 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1766
507 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1767
508 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1768
509 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1769
510 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1770
511 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1771
512 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1772
601 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1781
603 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 U.S.C. 1782

101

Public Law 94–579—October 21, 1976, as amended through March 23, 2018

INDEX
Notes: Bold page numbers represent tables. An “n” following
a page number indicates the entry occurs in a note. Acts of
Congress are listed in chronological order by date of adoption.
Court cases are listed alphabetically.

A
abandonments
mining claims, 35
permanent easements for water systems, 52, 53
rights-of-way, 57–58
accounting and reporting requirements for FLAME funds, 42
acquisitions of public lands
access over non-Federal lands, 13–14
implementation provisions, 31
Jupiter Inlet Lighthouse, 77–78
Piedras Blancas Historic Light Station, 74
roads, 53–54
Schwartz article, 90, 93
uniform procedures, 1–2
Yaquina Head Outstanding Natural Area, 69
Acts of Congress. See also Congressional involvement;
Executive Orders; 94th Congress; President
1872 Mining Law, 7, 12, 26, 89
1890, July 2, Act of, 59
1894, August 27, Act of, 59
1897, June 4, Act of, 86
1902, June 17, Act of (Reclamation Act), 36
1908, May 23, Act of, 80
1910, June 20, Act of, 80
1913, March 4, Act of, 80
1914, October 15, Act of, 59
1914 Federal Trade Commission Act, 59
1916, June 9, Act of, 13
1919, February 26, Act of, 13–14
1920, February 25, Act of (Mineral Leasing Act), 12, 38, 79,
89, 94
1920 Federal Power Act, 51, 53
1922, March 8, Act of, 83
1926 Recreation and Public Purposes Act, 19, 20
1928, December 22, Act of, 20
1934, June 28, Act of (Taylor Grazing Act) 45, 46

1936 Rural Electrification Act, 56, 56n
1937, August 28, Act of, 30, 45, 46, 79
1937, July 22, Act of, 86
1939, May 24, Act of, 79
1946, March 6, Act of, 84
1947 Materials Act, 69
1949, August 30, Act of, 84
1950 Granger-Thye Act, 80
1954, September 3, Act of, 86
1958, August 23, Act of, 83
1958, July 31, Act of, 20–21
1960 Public Land Administration Act, 94
1961, August 17, Act of, 83
1962, May 31, Act of, 20
1962, October 3, Act of, 83
1964 Wilderness Act, 67–68, 70
1966 Demonstration Cities and Metropolitan
Development Act, 19
1968, September 26, Act of, 21
1969 National Environmental Policy Act, 22, 47, 48
1970, October 21, Act of, 67
1970 Geothermal Steam Act, 36
1970 Mining and Minerals Policy Act, 2
1971 Federal Land Mineral Leasing Act, 89
1971 Public Land Policy Act, 91
1972 Federal Advisory Committee Act, 32, 49
1972 National Land Policy, Planning, and Management
Act, 91
1973, November 16, Act of, 58
1973 Endangered Species Act, 67
1974, August 17, Act of, 20
1976, February 27, Act of, 12
1978 American Indian Religious Freedom Act, 74
1978 Public Rangelands Improvement Act, 47
1979 Archaeological Resources Protection Act, 73–74
1982 Federal Oil and Gas Royalty Management Act, 36
1983, January 22, Act of (Small Tracts Act), 17
2005 Energy Policy Act, 37
additions to public lands, 74, 78
administration, deductions for costs, 36
advisory system. See also public involvement
about, 32–33

103

104

FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
California Desert Conservation Area, 66
for grazing, 47, 49, 49n, 95
process of establishing FLPMA, 91, 95, 96, 96n, 97
agreements, cooperative, 26, 31, 74, 77
agricultural irrigation, 52, 53
agricultural lands, 8
aircraft, 32, 49
Alaska. See also State and local government
laws, 80, 80–83, 82
military use of public lands, 27
mineral revenues, 36
National Forest System lands, 21
oil and gas, 83
surveying, 25n
wilderness studies, 70–71
American Arbitration Association, 15
animals
capturing and transporting wild horses and burros, 49
habitat for wildlife and domestic animals, 1
annual reports, 33, 34, 42
applications
adjudication, 11
drilling, 37, 38
fees, charges, and commissions, 29
right-of-way, 55, 59
sale of public lands, 22
unified, 4
unintentional trespass, 21–22
withdrawals, 9, 11, 12
appraisal of land, 15, 16–17
Appraisal Standards for Federal Land Acquisitions, Uniform,
15–16
appropriations, 12, 17, 25n, 32, 39, 40–41
arbitrators, 15
areas of critical environmental concern, 2, 5, 6, 89–90, 93
Arizona, 3, 3n, 12, 87
Attorney General, 28
authority, temporary revocation, 22

B
bidding requirements, 8–9
BLM Permit Processing Improvement Fund, 37, 38
bonds, 30, 38, 53, 57, 83, 93
boundaries of public lands, 5
buffer zones, 74
Bureau of Land Management, 3, 12, 19, 25, 28–29
business entities, 52

C
California, 3, 3n, 12, 72–73, 74, 94
California Desert Conservation Area, 14–15, 29, 65–67, 67n, 95
Capsule Examination of the Legislative History of the Federal Land
Policy and Management Act of 1976, A, 87
cases, court. See court decisions

cash equalization waiver, 14
classification of public lands, 1, 6, 22–23, 32, 79, 92
cleanup and decontamination of lands, 27
climate change, 43
coal-related, 71, 83–84
Coast Guard operations and facilities, 13n, 27, 74, 75, 77, 78
Code of Federal Regulations, 71
Colorado, 3, 3n, 12
commissions, 29–30
communications systems, 51, 58–59
compensation, 25, 31, 48, 93
Congressional Declaration of Policy, 1–2
Congressional involvement. See also Acts of Congress; court
decisions; Executive Orders; judicial review; 94th Congress;
President
annual reports, 33, 34, 42
approval of FLPMA, 97–98
California Desert Conservation Area, 65
disclosure of financial interests by staff, 34
emergency withdrawals, 11
exchanges of public lands, 14–15
FLAME funds, 40–41
Fossil Forest Research Natural Area, 70, 71
funding requirements for administration, 39
grazing fees, 45
land disposals, 2
land use planning, 7
National Landscape Conservation System, 65n
Piedras Blancas Historic Light Station Outstanding Natural
Area, 72
powers of, 1
Presidential appointments and, 25
process of establishing FLPMA, 87–98, 97n68
sales of public land tracts, 8
sharing of resources, 4
temporary revocation authority, 22
wilderness designations, 68
wildfire management strategy, 43
withdrawals, 9–10, 11, 12–13
Congressional reports, resolutions, and bills proposed in
process of establishing FLPMA legislation
H.R. 7211, 91–93
H.R. 13777, 86, 95, 98
S. 424, 93, 94
S. 507, 93–94, 95, 96
S. 921, 89
S. 1041, 93
S. 2401, 89, 89n16
S. 3389, 88
conservation system unit, 27
contracts. See also cooperative agreements
law enforcement, 28
public lands, 31
resource protection, 32

Public Law 94–579—October 21, 1976, as amended through March 23, 2018
rights-of-way, 51
road costs, 54
surveys, 32
wild horses and burros, 49
conveyances, 8, 17, 18, 19–20, 35–36, 58, 89–90
cooperative agreements, 26, 31, 74, 77
Coos Bay Wagon Road Grant lands, 30
court decisions. See also Acts of Congress; A Capsule
Examination of the Legislative History of the Federal Land Policy
and Management Act of 1976; Congressional involvement;
Executive Orders; judicial review; President
United States v. Midwest Oil Co., 84
covenants, 17
criminal penalties, 28, 34
cultural resources. See also tribal-related
areas of critical environmental concern, 2
California Desert Conservation Area, 65
Jupiter Inlet Lighthouse Outstanding Natural Area, 75, 76, 77
management strategies, 77 military uses and, 27
Native American activities, 74
Piedras Blancas Historic Light Station Outstanding Natural
Area, 72, 73, 74

D
deadlines, 15
decontamination and cleanup of lands, 27
definitions for terms, 2–3, 14, 15, 16, 40, 72, 75
Department of Defense, 27
Department of Homeland Security, 74, 78
Department of Justice, 74, 78
development of public lands, 25–27
disclosure of financial interests by personnel, 34
discrimination prohibited, 39
disposals
about, 1–2
advisory system, 32
conveyances, 17, 35
criteria for tracts, 7–8
funding requirements, 39
for grazing leases and permits, 46, 48
process of establishing FLPMA, 87, 89, 93, 94
Recreation and Public Purposes Act, 20
repeal of laws, 82, 82–83, 83, 84
of salvage timber, 31
wilderness studies, 69
withdrawals, 73, 76
donations and contributions, 31

E
easements, 3, 26, 52–53, 54, 57, 78
easement holders, 53
educational uses and values
California Desert Conservation Area, 65

Fossil Forest Research Natural Area, 70, 71
Jupiter Inlet Lighthouse Outstanding Natural Area, 75, 76, 77
Piedras Blancas Historic Light Station Outstanding Natural
Area, 72, 73
Yaquina Head Outstanding Natural Area, 68, 69
electric transmission and distribution facility rights-of-way
electric grid reliability, 60
facility inspection, 60
hazard trees, 60
operation and maintenance, 60
plans, 61-62
requirements, 60-61
vegetation management, 60
wildfire damage threat, 60
eleven contiguous Western States, 3, 12, 20–21, 45
emergency situations with hiring, 33
employment status of volunteers, Federal, 32
energy
electric, 51
wind, 69
Energy Policy Act (2005), 37
Energy Regulatory Commission, Federal, 51
environmental concern
court ordered impact statement, 47
critical areas, 2, 5, 6, 89–90, 93
military uses, 27
environmental quality and protection
analyses and reviews, 47, 48
California Desert Conservation Area, 65–66
development of public lands, 26–27
mining laws, 66
pollution standards, 6
process of establishing FLPMA, 89, 90
regulations and plans, 2
right-of-way, 55, 57
excepted lands, 7–8
exchanges of public lands, 14–17, 22
Executive Orders, 69, 76. See also Acts of Congress;
Congressional involvement; court decisions; judicial review;
President
experiments by the Secretary, 31

F
fair market value, 1, 56, 69, 89
Farmington District of the BLM (New Mexico), 70
Federal Energy Regulatory Commission, 51
Federal Government. See also State and local government
appraisal rules, 15–16
compensating local government, 2
conveyances, 35–36
departments of, 3, 58
and joint or common agency of two or more States, 79
land use planning, 6

105

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
mineral revenues, 38
ownership of public lands, 1
public involvement, 6
simultaneous issue of patents or titles, 15
Federal Land Policy and Management Act of 1976 (FLPMA)
about, 87
amending laws for, 99–100
cooperative agreements, 74
correlation of public law to United States Code, 101
enactment of, v
Fossil Forest Research Natural Area, 71
Jupiter Inlet Lighthouse Outstanding Natural Area, 76, 77
lands in Alaska, 70
Piedras Blancas Historic Light Station Outstanding Natural
Area, 73
process of establishing, 87–98
public lands, 72, 75
short title of, 1
Yaquina Head Outstanding Natural Area, 68–69
Federal ownership of public lands, 1
Federal Register, 9, 35
Federal Regulations, Code of, 71
fees and charges, 29–30, 37–38, 45–46
financial interests and disclosure, 33–34
fines, 28, 28n, 34, 88, 90, 93. See also imprisonment language in
legislative history of the FLPMA
firearms, 28
fish and wildlife habitat, 1, 2, 27, 46, 57, 92
Fish and Wildlife Service and withdrawals, 12
fishing and hunting, permits for, 26
FLAME Wildfire Suppression Reserve Funds, 40–43
FLPMA. See Federal Land Policy and Management Act of 1976
(FLPMA)
Forest Service, 42
Fossil Forest Research Natural Area, 70–71, 70n
funding requirements of administration, 39–43
future status of lands, 12–13

G
general provisions, 1–4
Geological Survey, U.S., 67, 68n
geothermal leasing, 73
goals and objectives for public lands, 1
Government Accountability Office, 43
grants, termination of, 91
grazing activity
advisory boards, 47, 96, 96n67
allotments and, 47
fees, 45
Fossil Forest Research Natural Area, 71
permit and lease, 3, 45, 46–48, 67, 96
process of establishing FLPMA, 95, 96
revenues, 80

wilderness studies, 68
grazing permit holders, 45, 46, 53

H
Habitat Conservation Plan, California Desert Conservation Area, 67
highways and right-of-way, 59
historic structures and monuments, 20, 76–77
holders
easements, 53
grazing permit, 45, 46, 53
preference rights, 21
right-of-way, 2, 56–57, 58, 59
Homeland Security, Department of, 74, 78
human occupancy of public lands, 1
hunting and fishing, permits for, 26

I
Idaho, 3, 3n, 12
implementation provisions for administration, 31–32
imprisonment language in legislative history of the FLPMA, 88,
90, 93. See also fines
Indian lands. See tribal-related
ingress and egress, 26
interest in lands, disclaimer of, 35
interpretive uses, 73, 77
interstate agencies and compacts, 79
inventory and identification of public lands, 5, 6
investigations by the Secretary, 31
islands
roadless areas and, 67
unsurveyed, 19

J
judicial review, 1, 17n, 27n, 33n, 68n, 80. See also Acts of
Congress; Congressional involvement; court decisions;
Executive Orders; President
Jupiter Inlet Lighthouse Outstanding Natural Area, 75–78
Justice, Department of, 74, 78

K
King Range, 67

L
Land and Water Conservation Fund, 39
land appraisals, 15, 16–17
land use planning
about, 5–7
acquisitions, 13
advisory councils, 32
conveyances, 19
process of establishing FLPMA, 91–92
Recreation and Public Purposes Act, 20
for States and local government, 17, 18

Public Law 94–579—October 21, 1976, as amended through March 23, 2018
landowners, contiguous, 21
lands, omitted, 20
law enforcement, 28–29, 66, 74, 78, 79–80
laws and regulations
administration of, 25, 85, 85
amending, 99–100
antitrust, 59
conveyances, 17
disposal-related, 82, 82–83
exchanges, 16
geothermal leasing, 73
homesteading-related, 80, 80–82
mineral leasing, 69, 73
mining, 66, 69
small tracts-related, 80, 80–82
withdrawals, 84, 84
leases, long-term, 26
leases and permits. See also permits
cancellations for, 48
coal, 71
continuation of terms, 47
grazing, 3, 45, 46–48, 67, 96
minerals, 73
oil and gas, 71
renewals, 46
sharing of resources, 4
legal cases. See court decisions
legal description. See maps and legal descriptions
liability, 56, 93
lighthouse purposes, revocation of 1866 reservation of lands
for, 69
limitations on allegations, 23
limitations on conveyances, 19
livestock operations, 47–48, 53, 80
loans, 38–39
local government. See State and local government

M
management of public lands, 1, 28, 32, 68–69
management plans
allotment, 3, 46, 47–48, 49
Jupiter Inlet Lighthouse Outstanding Natural Area, 75, 76,
77–78
lands in Alaska, 71
Piedras Blancas Historic Light Station Outstanding Natural
Area, 73–74
resource, 48
Yaquina Head Outstanding Natural Area, 68–69
maps and legal descriptions, 5, 66, 70, 72–73, 75. See also signage
meetings, advisory councils and, 32
mineral-related, 18, 36–39, 55–56, 69, 73
Mines, U.S. Bureau of, 67, 68n
mining activity, 10, 17, 26, 68, 71, 96
mining claims, recordation of, 34–35

mining laws, 17, 66, 69, 71, 73, 76
moneys received, disposition of, 36–38
Montana, 3, 3n, 12
Monterey Bay National Marine Sanctuary, 74
monuments, national, 11
multiple use and sustained yield
about, 2, 3
California Desert Conservation Area, 65, 66
land use planning, 5, 25
process of establishing FLPMA, 87, 88, 89, 92, 93

N
National Fire Plan, 42
National Forest System lands
acquisitions of public lands, 13
in Alaska, 20–21
conveyances, 20
easements, 52–53
the eleven contiguous Western states and, 20–21
exchanges of public lands, 14–15
grazing, 45, 49
hunting and fishing, 26
land use planning, 5
livestock operations, 48
National Environmental Policy Act of 1969, 48
right-of-way, 51, 53, 59, 85
rules and regulations, 33
townsites, 20–21
units, 13
withdrawals, 12
national interests and public lands, 1
National Landscape Conservation System, 65n, 72, 77
National Park System, 12, 14–15, 20, 49
national resource lands, 89n16
National Trails System, 7, 12, 14–15
National Wild and Scenic Rivers Systems, 7, 12, 14–15, 20
National Wilderness Preservation System, 7, 14–15, 70
National Wildlife Refuge System, 11–12, 14–15, 20
Native American. See tribal lands; tribal-related
natural resources, 10, 29–30, 39, 87, 90
Nevada, 3, 3n, 12
New Mexico, 3, 3n, 12, 70, 71, 80
94th Congress, v, 93, 94, 95, 97–98. See also Acts of Congress;
Congressional involvement
Nixon, Richard Milhous (37th U.S. President), 90
non-Federal lands
access over, 13–14
allotment management plans, 47–48
exchanges of public lands and, 14, 16, 17
general provisions, 1–2
identification of public lands, 5
land use planning, 6
nonprofit entities, 56

107

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976

O
off-road recreational vehicles, 65
oil and gas, 37, 71, 79, 83
Oklahoma, 3n, 82
omitted lands, 19
One Third of the Nation’s Land (report), 88, 91, 92
Oregon, 3, 3n, 12, 68
Organic Act. See Federal Land Policy and Management Act of
1976 (FLPMA)
overflights, 74

P
parks, State, 20. See also National Park System
patents, issuance of, 15
payments
cash equalization, 14
delays, 54
deposits and, 29, 30, 39
forfeitures and, 30
per diem, 32
rentals, 56
States and, 2, 36
working capital fund, 31
per diem and travel, 32
permits. See also leases and permits
donations, 67
for drilling, 37, 38
fees, 37, 38
for hunting and fishing, 26
for quarrying, 68, 69
right-of-way and, 54–55
small trade and manufacturing concerns, 26
for wind energy research, 69
Piedras Blancas Historic Light Station Outstanding Natural
Area, 72–75
pipelines, 51
planning process. See land use planning
plans
by the BLM, 25
comprehensive (long-range), 66
interim, 77
public participation and, 76
vegetation management, facility inspection, and
operation and maintenance (electric transmission and
distribution rights-of-way), 61-62
policy framework, process of establishing FLPMA and, 92–93
pollution standards, 6. See also environmental quality and
protection
preference rights holders, 21
President. See also Acts of Congress; Congressional involvement;
court decisions; Executive Orders; judicial review
appointments by, 25
approval of FLPMA, 98

designation of wilderness, 68
process of establishing FLPMA, 90
wilderness studies, 67
withdrawals, 9, 12, 84
principal or major uses, 3, 6, 7
private lands, 42, 57
protection of public lands, 1, 28
public involvement. See also advisory system
California Desert Conservation Area, 65
Fossil Forest Research Natural Area, 70
Jupiter Inlet Lighthouse Outstanding Natural Area, 76
land use planning, 5, 6, 7, 65
temporary revocation authority, 22
withdrawals, 10, 11
Public Land Law Review Commission (One Third of the Nation’s
Land), 88, 91, 92
Public Land Order 7501, 73
public safety, 26, 27, 43, 57
purchase of public lands, 9, 39

Q
quarrying operations, reclamation of lands and, 70
quit-claim deeds, 35

R
railroads, 51, 58–59, 60
range betterment funds, 45, 46, 49
range condition, 47
ranger force, 29, 66 reasonable annual rental, 20
reasonable costs, 29
reconveyed lands, 13
recreation
outdoor, 1, 39, 69, 88, 92
passive, 77
recreation facilities, commercial, 51 recreation plans, 6
recreational and scenic values, 5, 8, 72, 73, 75, 77, 88
recreational purposes, 20
recreational resources, California Desert Conservation Area
and, 65
recreational use strategies, 77
recreational vehicles, off-road, 65
refunds, 29, 30
regulations. See laws and regulations
rehabilitation of land and facilities, 30, 39, 45, 55
rehabilitation of public lands, 45–46
rental payments, 56
rentals, mineral revenues and, 36–37
Reorganization Plans, 25
reports
annual reports, 33, 34, 42
congressional, 88, 89, 89n15, 91–96
existing rights, 79
grazing fees, 45

Public Law 94–579—October 21, 1976, as amended through March 23, 2018
mining claims, 34
One Third of the Nation’s Land, 88, 91, 92
public lands, 88
Secretary. See Secretary reports
wilderness lands, 67, 68
wildfire management strategy, 43
withdrawal of lands, 10, 11, 12
research activities, 74, 77
reservation lands. See tribal lands
reservations (real property), 17–18, 53, 69, 79, 84
resource extraction, 2
resource protection, 32
resource sharing, 4
retention of public lands, 32
revested lands, 13
reviews, independent, 42
revocation authority, temporary, 22–23
right of first refusal, 21
rights, existing, 79–80
right(s)-of-way
about, 51–53
antitrust laws, 59
bond/security requirements, 57
boundary specifications, 55
construction, 55, 57
conveyances, 58
corridors, 54–55
deterioration, 53
disclosure of financial interests by staff, 34
donations and contributions, 31
electric transmission and distribution facilities, 60-64
existing right-of-way, 58–59
Federal departments/agencies, 58
fund for user fees for delayed payment to grantor, 54
highway use, 59
holders and, 2, 56–57, 58, 59
mineral material, 55–56
operation and maintenance, 57
other Federal laws and, 59
process of establishing FLPMA, 94
renewals, 57
repeal of laws, 85, 85–86
small trade and manufacturing concerns, 26
suspension or termination grounds, 57–58
termination, 79
terms and conditions, 55, 57
vegetation management, facility inspection, operation
and maintenance plans, 61-62
roadless areas and islands, 67
roads, 53–54, 59
rules and regulations, 15–16, 33

S
sale of public lands, 7–9, 21–22, 89–90
Schwartz, Eleanor R. (A Capsule Examination of the Legislative
History of the Federal Land Policy and Management Act of
1976), 87
scientific uses, long-term, 73, 77
search and rescue, forces for, 33
Secretary of Agriculture, 4, 5, 13, 14, 66
Secretary of Defense, 27, 66
Secretary reports
annual reports, 33, 34, 42
California Desert Conservation Area, 67n
grazing fees, 45
management decisions, 7
mining claims, 34
rules and regulations, 33
temporary revocation authority, 22
wilderness lands, 67, 68
wildfire management strategy, 43
withdrawal of lands, 10, 11, 12
security (financial), 30, 38, 53, 57, 83
security (safety), 55, 74, 78
segregation from appropriation, 17
Service First initiative, 4
Settlement Laws, Alaska, 82, 82–83
signage, 5. See also maps and legal descriptions
sixteen contiguous Western States, 3n, 46, 49
size of tracts, 8, 10, 20
species
endangered or threatened, 26
invasive, 43
State and local government. See also Federal Government;
specific states by name
conveyances, 17, 19–20
cooperative agreements, 77
coordination with Secretary, 18
documents of conveyance, 17
Jupiter Inlet Lighthouse Outstanding Natural Area, 76, 77
land use planning, 6, 17
land use policies, 55
law enforcement, 28–29
loans to, 38
Piedras Blancas Historic Light Station Outstanding Natural
Area, 73
process of establishing FLPMA, 90
right-of-way, 56
withdrawals, 10
State departments, hunting and fishing and, 26
State lands, 14, 42
State parks, 20
States
agencies common to two or more, 79
contiguous Western. See eleven contiguous Western
States; sixteen contiguous Western States

109

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FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
Steese National Conservation Area, 27
studies, 31, 45, 67–78
surveys, 25n, 32
suspension of development, 26–27
sustained yield. See multiple use and sustained yield

T
taxation immunity, 2
temporary revocation authority, 22
termination
of classifications, 6
deposits for payments, 29
of existing uses, 10
of FLAME funds, 42–43
right-of-way corridors, 55, 56, 57, 58
temporary revocation authority, 22, 23, 23n
timber, transactions involving, 31, 54
titles, issuance of, 15
townsites, national forest, 20–21
trade and manufacturing concerns, 26
transfers of funds, 42
transportation, systems and facilities for, 51
travel and per diem, 32
Treasury, U.S., 30, 36, 56, 70
trespass, unintentional, 21–22
tribal lands, 5, 6, 12, 37, 42
tribal-related, 72, 74, 92. See also cultural resources

U
United States Bureau of Mines, 67, 68n
United States Geological Survey, 67, 68n
United States Treasury, 30, 36, 56, 70
unlawful activities, 29
use of public lands, 25–27
Utah, 3, 3n, 12, 27n, 68n

V
valuation process, 15
value of lands, 16
vegetative material, right-of-way and, 55–56
vegetation management, facility inspection, operation and
maintenance plans
development, 61
emergency conditions, 62
liability, 63
modification, 62
owners and operators, 62

reporting, 63
requirements, 62
review and approval, 61
standards, 61
violations of regulations, 90
volunteerism, 31–32

W
Washington, State of, 3, 3n, 12, 22
water-related, 26, 35, 45–46, 52–53, 79
weed control, 45–46
Western States. See eleven contiguous Western States; sixteen
contiguous Western States
White Mountains National Recreation Area, 27
wilderness, 3, 5n, 12, 51, 67–68, 68n, 70–71. See also specific
wilderness areas by name
wilderness study by BLM, 67–78
wildfire management strategy, 43
wildfires, 41, 43. See also FLAME Wildfire Suppression Reserve
Funds
Wildland Fire Management appropriation account, 40, 41, 42
wildlife habitat enhancements, 45–46
withdrawals
adjudication of applications, 11
agency consent, 11
development, 26
emergency, 11
existing rights, 79
FLAME funds, 42
Jupiter Inlet Lighthouse Outstanding Natural Area, 76
land use planning, 7
mining activity, 71
Piedras Blancas Historic Light Station Outstanding Natural
Area, 73
process for, 9–13
process of establishing FLPMA, 92, 93
repeal of laws, 84, 84
special situations with States, 12–13
temporary revocation authority, 22–23
working capital fund, 30–31
Wyoming, 3, 3n, 12

Y
Yaquina Head Outstanding Natural Area, 68–71

Z
zoning, 18, 20