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