Laws: Cases and Codes : U.S. Code : Title 43


   

U.S. Code as of: 01/19/04
Chapter 35 - Notes
                     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)  Omitted.                                       
                  (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.                               
-SECREF-
                   CHAPTER REFERRED TO IN OTHER SECTIONS               
      This chapter is referred to in sections 1635, 1783, 1785, 1903,
    2301, 2306 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, 460mmm-4,
    460mmm-6, 460nnn-21, 460nnn-51, 460ooo-2, 460ooo-4, 460ppp-3,
    460qqq-3, 698v-7, 1248, 3209, 3210; title 23 section 206; title 25
    section 713f; title 30 section 28j.
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