43 USC Ch. 35: Front Matter
From Title 43-PUBLIC LANDSCHAPTER 35-FEDERAL LAND POLICY AND MANAGEMENT
CHAPTER 35-FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER I-GENERAL PROVISIONS
Sec.
1701.
Congressional declaration of policy.
1702.
Definitions.
SUBCHAPTER II-LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION
1711.
Continuing inventory and identification of public lands; preparation and maintenance.
1712.
Land use plans.
(a)
Development, maintenance, and revision by Secretary.
(b)
Coordination of plans for National Forest System lands with Indian land use planning and management programs for purposes of development and revision.
(c)
Criteria for development and revision.
(d)
Review and inclusion of classified public lands; review of existing land use plans; modification and termination of classifications.
(e)
Management decisions for implementation of developed or revised plans.
(f)
Procedures applicable to formulation of plans and programs for public land management.
1713.
Sales of public land tracts.
(a)
Criteria for disposal; excepted lands.
(b)
Conveyance of land of agricultural value and desert in character.
(c)
Congressional approval procedures applicable to tracts in excess of two thousand five hundred acres.
(d)
Sale price.
(e)
Maximum size of tracts.
(f)
Competitive bidding requirements.
(g)
Acceptance or rejection of offers to purchase.
1714.
Withdrawals of lands.
(a)
Authorization and limitation; delegation of authority.
(b)
Application and procedures applicable subsequent to submission of application.
(c)
Congressional approval procedures applicable to withdrawals aggregating five thousand acres or more.
(d)
Withdrawals aggregating less than five thousand acres; procedure applicable.
(e)
Emergency withdrawals; procedure applicable; duration
(f)
Review of existing withdrawals and extensions; procedure applicable to extensions; duration.
(g)
Processing and adjudication of existing applications.
(h)
Public hearing required for new withdrawals.
(i)
Consent for withdrawal of lands under administration of department or agency other than Department of the Interior.
(j)
Applicability of other Federal laws withdrawing lands as limiting authority.
(k)
Authorization of appropriations for processing applications.
(l)
Review of existing withdrawals in certain States; procedure applicable for determination of future status of lands; authorization of appropriations.
1715.
Acquisitions of public lands and access over non-Federal lands to National Forest System units.
(a)
Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture.
(b)
Conformity to departmental policies and land-use plan of acquisitions.
(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.
(d)
Status of lands and interests in lands upon acquisition by Secretary of Agriculture.
(e)
Status and administration of lands acquired in exchange for lands revested in or reconveyed to United States.
1716.
Exchanges of public lands or interests therein within the National Forest System.
(a)
Authorization and limitations on authority of Secretary of the Interior and Secretary of Agriculture.
(b)
Implementation requirements; cash equalization waiver.
(c)
Status of lands acquired upon exchange by Secretary of the Interior.
(d)
Appraisal of land; submission to arbitrator; determination to proceed or withdraw from exchange; use of other valuation process; suspension of deadlines.
(e)
Simultaneous issue of patents or titles.
(f)
New rules and regulations; appraisal rules and regulations; "costs and other responsibilities or requirements" defined.
(g)
Exchanges to proceed under existing laws and regulations pending new rules and regulations.
(h)
Exchange of lands or interests of approximately equal value; conditions; "approximately equal value" defined.
(i)
Segregation from appropriation under mining and public land laws.
1717.
Qualifications of conveyees.
1718.
Documents of conveyance; terms, covenants, etc.
1719.
Mineral interests; reservation and conveyance requirements and procedures.
1720.
Coordination by Secretary of the Interior with State and local governments.
1721.
Conveyances of public lands to States, local governments, etc.
(a)
Unsurveyed islands; authorization and limitations on authority.
(b)
Omitted lands; authorization and limitations on authority.
(c)
Conformity with land use plans and programs and coordination with State and local governments of conveyances.
(d)
Applicability of other statutory requirements for authorized use of conveyed lands.
(e)
Limitations on uses of conveyed lands.
(f)
Applicability to lands within National Forest System, National Park System, National Wildlife Refuge System, and National Wild and Scenic Rivers System.
(g)
Applicability to other statutory provisions authorizing sale of specific omitted lands.
1722.
Sale of public lands subject to unintentional trespass.
(a)
Preference right of contiguous landowners; offering price.
(b)
Procedures applicable.
(c)
Time for processing of applications and sales.
1723.
Temporary revocation authority.
(a)
Exchange involved.
(b)
Requirements.
(c)
Limitations.
(d)
Termination.
SUBCHAPTER III-ADMINISTRATION
1731.
Bureau of Land Management.
(a)
Director; appointment, qualifications, functions, and duties.
(b)
Statutory transfer of functions, powers and duties relating to administration of laws.
(c)
Associate Director, Assistant Directors, and other employees; appointment and compensation.
(d)
Existing regulations relating to administration of laws.
1732.
Management of use, occupancy, and development of public lands.
(a)
Multiple use and sustained yield requirements applicable; exception.
(b)
Easements, permits, etc., for utilization through habitation, cultivation, and development of small trade or manufacturing concerns; applicable statutory requirements.
(c)
Revocation or suspension provision in instrument authorizing use, occupancy or development; violation of provision; procedure applicable.
(d)
Authorization to utilize certain public lands in Alaska for military purposes.
1733.
Enforcement authority.
(a)
Regulations for implementation of management, use, and protection requirements; violations; criminal penalties.
(b)
Civil actions by Attorney General for violations of regulations; nature of relief; jurisdiction.
(c)
Contracts for enforcement of Federal laws and regulations by local law enforcement officials; procedure applicable; contract requirements and implementation.
(d)
Cooperation with regulatory and law enforcement officials of any State or political subdivision in enforcement of laws or ordinances.
(e)
Uniformed desert ranger force in California Desert Conservation Area; establishment; enforcement of Federal laws and regulations.
(f)
Applicability of other Federal enforcement provisions.
(g)
Unlawful activities.
1734.
Fees, charges, and commissions.
(a)
Authority to establish and modify.
(b)
Deposits for payments to reimburse reasonable costs of United States.
(c)
Refunds.
1734a.
Availability of excess fees.
1735.
Forfeitures and deposits.
(a)
Credit to separate account in Treasury; appropriation and availability.
(b)
Expenditure of moneys collected administering Oregon and California Railroad and Coos Bay Wagon Road Grant lands.
(c)
Refunds.
1736.
Working capital fund.
(a)
Establishment; availability of fund.
(b)
Initial funding; subsequent transfers.
(c)
Payments credited to fund; amount; advancement or reimbursement.
(d)
Authorization of appropriations.
1736a.
Revolving fund derived from disposal of salvage timber.
1737.
Implementation provisions.
(a)
Investigations, studies, and experiments.
(b)
Contracts and cooperative agreements.
(c)
Contributions and donations of money, services, and property.
(d)
Recruitment of volunteers.
(e)
Restrictions on activities of volunteers.
(f)
Federal employment status of volunteers.
(g)
Authorization of appropriations.
1738.
Contracts for surveys and resource protection; renewals; funding requirements.
1739.
Advisory councils.
(a)
Establishment; membership; operation.
(b)
Meetings.
(c)
Travel and per diem payments.
(d)
Functions.
(e)
Public participation; procedures applicable.
1740.
Rules and regulations.
1741.
Annual reports.
(a)
Purpose; time for submission.
(b)
Format.
(c)
Contents.
1742.
Search, rescue, and protection forces; emergency situations authorizing hiring.
1743.
Disclosure of financial interests by officers or employees.
(a)
Annual written statement; availability to public.
(b)
Implementation of requirements.
(c)
Exempted personnel.
(d)
Violations; criminal penalties.
1744.
Recordation of mining claims.
(a)
Filing requirements.
(b)
Additional filing requirements.
(c)
Failure to file as constituting abandonment; defective or untimely filing.
(d)
Validity of claims, waiver of assessment, etc., as unaffected.
1745.
Disclaimer of interest in lands.
(a)
Issuance of recordable document; criteria.
(b)
Procedures applicable.
(c)
Construction as quit-claim deed from United States.
1746.
Correction of conveyance documents.
1747.
Loans to States and political subdivisions; purposes; amounts; allocation; terms and conditions; interest rate; security; limitations; forebearance for benefit of borrowers; recordkeeping requirements; discrimination prohibited; deposit of receipts.
1748.
Funding requirements.
(a)
Authorization of appropriations.
(b)
Procedure applicable for authorization of appropriations.
(c)
Distribution of receipts from Bureau from disposal of lands, etc.
(d)
Purchase of certain public lands from Land and Water Conservation Fund.
SUBCHAPTER IV-RANGE MANAGEMENT
1751.
Grazing fees; feasibility study; contents; submission of report; annual distribution and use of range betterment funds; nature of distributions.
1752.
Grazing leases and permits.
(a)
Terms and conditions.
(b)
Terms of lesser duration.
(c)
First priority for renewal of expiring permit or lease.
(d)
Allotment management plan requirements.
(e)
Omission of allotment management plan requirements and incorporation of appropriate terms and conditions; reexamination of range conditions.
(f)
Allotment management plan applicability to non-Federal lands; appeal rights.
(g)
Cancellation of permit or lease; determination of reasonable compensation; notice.
(h)
Applicability of provisions to rights, etc., in or to public lands or lands in National Forests.
1753.
Grazing advisory boards.
(a)
Establishment; maintenance.
(b)
Functions.
(c)
Appointment and terms of members.
(d)
Meetings.
(e)
Federal Advisory Committee Act applicability.
(f)
Expiration date.
SUBCHAPTER V-RIGHTS-OF-WAY
1761.
Grant, issue, or renewal of rights-of-way.
(a)
Authorized purposes.
(b)
Procedures applicable; administration.
(c)
Permanent easement for water systems; issuance, preconditions, etc.
(d)
Rights-of-way on certain Federal lands.
1762.
Roads.
(a)
Authority to acquire, construct, and maintain; financing arrangements.
(b)
Recordation of copies of affected instruments.
(c)
Maintenance or reconstruction of facilities by users.
(d)
Fund for user fees for delayed payment to grantor.
1763.
Right-of-way corridors; criteria and procedures applicable for designation.
1764.
General requirements.
(a)
Boundary specifications; criteria; temporary use of additional lands.
(b)
Terms and conditions of right-of-way or permit.
(c)
Applicability of regulations or stipulations.
(d)
Submission of plan of construction, operation, and rehabilitation by new project applicants; plan requirements.
(e)
Regulatory requirements for terms and conditions; revision and applicability of regulations.
(f)
Removal or use of mineral and vegetative materials.
(g)
Rental payments; amount, waiver, etc.
(h)
Liability for damage or injury incurred by United States for use and occupancy of rights-of-way; indemnification of United States; no-fault liability; amount of damages.
(i)
Bond or security requirements.
(j)
Criteria for grant, issue, or renewal of right-of-way.
1765.
Terms and conditions.
1766.
Suspension or termination; grounds; procedures applicable.
1767.
Rights-of-way for Federal departments and agencies.
1768.
Conveyance of lands covered by right-of-way; terms and conditions.
1769.
Existing right-of-way or right-of-use unaffected; exceptions; rights-of-way for railroad and appurtenant communication facilities; applicability of existing terms and conditions.
1770.
Applicability of provisions to other Federal laws.
(a)
Right-of-way.
(b)
Highway use.
(c)
Application of antitrust laws.
1771.
Coordination of applications.
SUBCHAPTER VI-DESIGNATED MANAGEMENT AREAS
1781.
California Desert Conservation Area.
(a)
Congressional findings.
(b)
Statement of purpose.
(c)
Description of Area.
(d)
Preparation and implementation of comprehensive long-range plan for management, use, etc.
(e)
Interim program for management, use, etc.
(f)
Applicability of mining laws.
(g)
Advisory Committee; establishment; functions.
(h)
Management of lands under jurisdiction of Secretary of Agriculture and Secretary of Defense.
(i)
Annual report; contents.
(j)
Authorization of appropriations.
1782.
Bureau of Land Management Wilderness Study.
(a)
Lands subject to review and designation as wilderness.
(b)
Presidential recommendation for designation as wilderness.
(c)
Status of lands during period of review and determination.
1783.
Yaquina Head Outstanding Natural Area.
(a)
Establishment.
(b)
Administration by Secretary of the Interior; management plan; quarrying permits.
(c)
Revocation of 1866 reservation of lands for lighthouse purposes; restoration to public lands status.
(d)
Acquisition of lands not already in Federal ownership.
(e)
Wind energy research.
(f)
Reclamation and restoration of lands affected by quarrying operations.
(g)
Authorization of appropriations.
1784.
Lands in Alaska; designation as wilderness; management by Bureau of Land Management pending Congressional action.
1785.
Fossil Forest Research Natural Area.
(a)
Establishment.
(b)
Map and legal description.
(c)
Management.
(d)
Inventory.
(e)
Management plan.
Chapter Referred to in Other Sections
This chapter is referred to in sections 1635, 1783, 1785, 1903 of this title; title 10 section 7439; title 16 sections 79b, 410ii–3, 410aaa–77, 410fff–5, 460mm–1, 460mm–2, 460uu–22, 460uu–44, 460uu–45, 460uu–46, 460xx–1, 460ccc–2, 460ddd, 1248, 3209, 3210; title 23 section 206; title 25 section 713f; title 30 section 28j.