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1976/10/21 S507 National Land Policy and Management Act of 1976 (3)
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1976/10/21 S507 National Land Policy and Management Act of 1976 (3)
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The original documents are located in Box 68, folder "10/21/76 S507 National Land Policy
and Management Act of 1976 (3)" of the White House Records Office: Legislation Case
Files at the Gerald R. Ford Presidential Library
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Exact duplicates within this folder were not digitized.
Digitized from Box 68 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library
S. 507
Ainety-fourth Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the nineteenth day of January,
one thousand nine hundred and seventy-six
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,
TABLE OF CONTENTS
TITLE I-SHORT TITLE; POLICIES; DEFINITIONS
Sec. 101. Short title.
Sec. 102. Declaration of policy.
Sec. 103. Definitions.
TITLE II-LAND USE PLANNING; LAND ACQUISITION AND
DISPOSITION
Sec. 201. Inventory and identification.
Sec. 202. Land use planning.
Sec. 203. Sales.
Sec. 204. Withdrawals.
Sec. 205. Acquisitions.
Sec. 206. Exchanges.
Sec. 207. Qualified conveyees.
Sec. 208. Conveyances.
Sec. 209. Reservation and conveyance of mineral interest
Sec. 210. Coordination with State and local governments.
Sec. 211. Omitted lands.
Sec. 212. Recreation and Public Purposes Act.
Sec. 213. National forest townsites.
Sec. 214. Unintentional Trespass Act.
TITLE III-ADMINISTRATION
Sec. 301. BLM directorate and functions.
Sec. 302. Management of use, occupancy, and development.
Sec. 303. Enforcement authority.
Sec. 304. Service charges and reimbursements.
Sec. 305. Deposits and forfeitures.
Sec. 306. Working capital fund.
Sec. 307. Studies, cooperative agreements, and contributions.
Sec. 308. Contracts for surveys and resource protection.
Sec. 309. Advisory councils and public participation.
Sec. 310. Rules and regulations.
Sec. 311. Program report.
Sec. 312. Search and rescue.
Sec. 313. Sunshine in government.
Sec. 314. Recordation of mining claims and abandonment.
Sec. 315. Recordable disclaimers of interest.
Sec. 316. Correction of conveyance documents.
Sec. 317. Mineral revenues.
Sec. 318. Appropriation authorization.
TITLE IV-RANGE MANAGEMENT
Sec. 401. Grazing fees.
Sec. 402. Grazing leases and permits.
Sec. 403. Grazing advisory boards.
Sec. 404. Management of certain horses and burros.
TITLE V-RIGHTS-OF-WAY
Sec. 501. Authorization to grant rights-of-way.
Sec. 502. Cost-share road authorization.
Sec. 503. Corridors.
Sec. 504. General provisions.
Sec. 505. Terms and conditions.
Sec. 506. Suspension and termination of rights-of-way.
Sec. 507. Rights-of-way for Federal agencies.
Sec. 508. Conveyance of lands.
S. 507-2
Sec. 509. Existing rights-of-way.
Sec. 510. Effect on other laws.
Sec. 511. Coordination of applications.
TITLE VI-DESIGNATED MANAGEMENT AREAS
Sec. 601. California desert conservation area.
Sec. 602. King range.
Sec. 603. Bureau of land management wilderness study.
TITLE VII-EFFECT ON EXISTING RIGHTS: REPEAL OF EXISTING
LAWS; SEVERABILITY
Sec. 701. Effect on existing rights.
Sec. 702. Repeal of laws relating to homesteading and small tracts.
Sec. 703. Repeal of laws related to disposals.
Sec. 704. Repeal of withdrawal laws.
Sec. 705. Repeal of laws relating to administration of public lands.
Sec. 706. Repeal of laws relating to rights-of-way.
Sec. 707. Severability.
TITLE I-SHORT TITLE, DECLARATION OF
POLICY, AND DEFINITIONS
SHORT TITLE
SEC. 101. This Act may be cited as the "Federal Land Policy and
Management Act of 1976".
DECLARATION OF POLICY
SEC. 102. (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 plan-
ning 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 the date of enactment of this
Act be reviewed in accordance with the provisions of this Act;
(4) the Congress exercise its constitutional authority to with-
draw 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 discre-
tionary 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 pro-
vided by law;
(7) goals and objectives be established by law as guidelines for
public land use planning, and that management be on the basis
S.507-3
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, environ-
mental, 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, acqui-
sition of non-Federal land for public purposes, and the exchange
of such lands be established by statute, requiring each disposal,
acquisition, and exchange to be consistent with the prescribed
mission of the department or agency involved, and reserving to
the Congress review of disposals in excess of a specified acreage;
(11) regulations and plans for the protection of public land
areas of critical environmental concern be promptly developed;
(12) the public lands be managed in a manner which recognizes
the Nation's need for domestic sources of minerals, food, timber,
and fiber from the public lands including implementation of the
Mining and Minerals Policy Act of 1970 (84 Stat. 1876, 30 U.S.C.
21a) as it pertains to the public lands; and
(13) the Federal Government should, on a basis equitable to
both the Federal and local taxpayer, provide for payments to
compensate States and local governments for burdens created as
a result of the immunity of Federal lands from State and local
taxation.
(b) The policies of this Act shall become effective only as specific
statutory authority for their implementation is enacted by this Act
or by subsequent legislation and shall then be construed as supple-
mental to and not in derogation of the purposes for which public lands
are administered under other provisions of law.
DEFINITIONS
SEC. 103. 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 busi-
ness 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
S. 507-4
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 par-
ticipation by affected citizens in rulemaking, decisionmaking, and
planning with respect to the public lands, including public meetings
or hearings held at locations near the affected lands, or advisory
mechanisms, or such other procedures as may be necessary to provide
public comment in a particular instance.
(e) The term "public lands" means any land and interest in land
owned by the United States within the several States and administered
by the Secretary of the Interior through the Bureau of Land Man-
agement, without regard to how the United States acquired owner-
ship, 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 pur-
pose 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 mainte-
nance 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 2(c) of the Wilderness Act (78 Stat.
890; 16 U.S.C. 1131-1136).
(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" gov-
erned 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,
sustained-yield, economic and other needs and objectives as
determined for the lands by the Secretary concerned; and
(2) describes the type, location, ownership, and general spec-
ifications for the range improvements to be installed and main-
tained on the lands to meet the livestock grazing and other
objectives of land management; and
S. 507-5
(3) contains such other provisions relating to livestock grazing
and other objectives found by the Secretary concerned to be con-
sistent with the provisions of this Act and other applicable law.
(1) 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 execu-
tive 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.
(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 domes-
tic livestock.
TITLE II-LAND USE PLANNING; LAND ACQUISITION
AND DISPOSITION
INVENTORY AND IDENTIFICATION
SEC. 201. (a) The Secretary shall prepare and maintain on a con-
tinuing 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 con-
cern. 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 inven-
tory for the purpose of planning and regulating the uses of non-
Federal lands in proximity of such public lands.
LAND USE PLANNING
SEC. 202. (a) The Secretary shall, with public involvement and
consistent with the terms and conditions of this Act, develop, main-
tain, 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 other-
wise designated for one or more uses.
(b) In the development and revision of land use plans, the Secre-
tary 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, consid-
ering the policies of approved tribal land resource management
programs.
S. 507-6
(c) In the development and revision of land use plans, the Sec-
retary shall-
(1) use and observe the principles of multiple use and sustained
yield set forth in this and other applicable law;
(2) use a systematic interdisciplinary approach to achieve
integrated consideration of physical, biological, economic, and
other sciences;
(3) give priority to the designation and protection of areas of
critical environmental concern;
(4) rely, to the extent it is available, on the inventory of the
public lands, their resources, and other values;
(5) consider present and potential uses of the public lands;
(6) consider the relative scarcity of the values involved and
the availability of alternative means (including recycling) and
sites for realization of those values;
(7) weigh long-term benefits to the public against short-term
benefits;
(8) provide for compliance with applicable pollution control
laws, including State and Federal air, water, noise, or other pol-
lution standards or implementation plans; and
(9) to the extent consistent with the laws governing the admin-
istration 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 Fed-
eral departments and agencies and of the States and local govern-
ments within which the lands are located, including, but not
limited to, the statewide outdoor recreation plans developed
under the Act of September 3, 1964 (78 Stat. 897), as amended,
and of or for Indian tribes by, among other things, considering
the policies of approved State and tribal land resource manage-
ment programs. In implementing this directive, the Secretary
shall, to the extent he finds practical, keep apprised of State, local,
and tribal land use plans; assure that consideration is given to
those State, local, and tribal plans that are germane in the devel-
opment of land use plans for public lands; assist in resolving, to
the extent practical, inconsistencies between Federal and non-
Federal Government plans, and shall provide for meaningful
public involvement of State and local government officials, both
elected and appointed, in the development of land use programs,
land use regulations, and land use decisions for public lands,
including early public notice of proposed decisions which may
have a significant impact on non-Federal lands. Such officials in
each State are authorized to furnish advice to the Secretary with
respect to the development and revision of land use plans, land
use guidelines, land use rules, and land use regulations for the
public lands within such State and with respect to such other
land use matters as may be referred to them by him. Land use
plans of the Secretary under this section shall be consistent with
State and local plans to the maximum extent he finds consistent
with Federal law and the purposes of this Act.
(d) Any classification of public lands or any land use plan in effect
on the date of enactment of this Act 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) The Secretary may issue management decisions to implement
S. 507-7
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 recon-
sideration, modification, and termination through revision by the
Secretary or his delegate, under the provisions of this section, of
the land use plan involved.
(2) Any management decision or action pursuant to a manage-
ment 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 concur-
rent 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 resolu-
tion 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 com-
mittee 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 considera-
tion 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 sec-
tion shall prevent a wholly owned Government corporation from
acquiring and holding rights as a citizen under the Mining Law
of 1872.
(f) The Secretary shall allow an opportunity for public involve-
ment and by regulation shall establish procedures, including public
hearings where appropriate, to give Federal, State, and local govern-
ments and the public, adequate notice and opportunity to comment
S. 507-8
upon and participate in the formulation of plans and programs relat-
ing to the management of the public lands.
SALES
SEC. 203. (a) 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 depart-
ment or agency; or
(2) such tract was acquired for a specific purpose and the tract
is no longer required for that or any other Federal purpose; or
(3) disposal of such tract will serve important public objec-
tives, 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 maintain-
ing such tract in Federal ownership.
(b) 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 exist-
ing law.
(c) 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 com-
mittee 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
S. 507-9
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) Sales of public lands shall be made at a price not less than their
fair market value as determined by the Secretary.
(e) 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) 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, includ-
ing but not limited to, a preference to users, he may sell those lands
with modified competitive bidding or without competitive bidding. In
recognizing public policies, the Secretary shall give consideration to
the following potential purchasers:
(1) the State in which the land is located;
(2) the local government entities in such State which are in
the vicinity of the land;
(3) adjoining landowners;
(4) individuals; and
(5) any other person.
(g) The Secretary shall accept or reject, in writing, any offer to
purchase made through competitive bidding at his invitation no later
than thirty days after the receipt of such offer or, in the case of a tract
in excess of two thousand five hundred acres, at the end of thirty days
after the end of the ninety-day period provided in subsection (c) of
this section, whichever is later, unless the offeror waives his right to
a decision within such thirty-day period. Prior to the expiration of
such periods the Secretary may refuse to accept any offer or may with-
draw any land or interest in land from sale under this section when he
determines that consummation of the sale would not be consistent with
this Act or other applicable law.
WITHDRAWALS
SEC. 204. (a) On and after the effective date of this Act the Secre-
tary 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 indi-
viduals in the Office of the Secretary who have been appointed by the
President, by and with the advice and consent of the Senate.
(b) (1) Within thirty days of receipt of an application for with-
drawal, and whenever he proposes a withdrawal on his own motion,
the Secretary shall publish a notice in the Federal Register stating
that the application has been submitted for filing or the proposal has
been made and the extent to which the land is to be segregated while
the application is being considered by the Secretary. Upon publication
of such notice the land shall be segregated from the operation of the
public land laws to the extent specified in the notice. The segregative
effect of the application shall terminate upon (a) rejection of the
application by the Secretary, (b) withdrawal of lands by the Secre-
S. 507-10
tary, 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) (1) On and after the dates of approval of this Act a withdrawal
aggregating five thousand acres or more may be made (or such a
withdrawal or any other withdrawal involving in the aggregate five
thousand acres or more which terminates after such date of approval
may be extended) only for a period of not more than twenty years by
the Secretary on his own motion or upon request by a department or
agency head. The Secretary shall notify both Houses of Congress of
such a withdrawal no later than its effective date and the withdrawal
shall terminate and become ineffective at the end of ninety days (not
counting days on which the Senate or the House of Representatives
has adjourned for more than three consecutive days) beginning on the
day notice of such withdrawal has been submitted to the Senate and
the House of Representatives, if the Congress has adopted a con-
current 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 resolu-
tion with respect to the Presidential recommendation. A motion to
discharge may be made only by an individual favoring the resolution,
shall be highly privileged (except that it may not be made after the
committee has reported such a resolution), and debate thereon shall be
limited to not more than one hour, to be divided equally between those
favoring and those opposing the resolution. An amendment to the
motion shall not be in order, and it shall not be in order to move to
reconsider the vote by which the motion was agreed to or disagreed to.
If the motion to discharge is agreed to or disagreed to, the motion may
not be made with respect to any other resolution with respect to the
same Presidential recommendation. When the committee has reprinted,
or has been discharged from further consideration of a resolution, it
shall at any time thereafter be in order (even though a previous motion
to the same effect has been disagreed to) to move to proceed to the
consideration of the resolution. The motion shall be highly privileged
and shall not be debatable. An amendment to the motion shall not be
in order, and it shall not be in order to move to reconsider the vote by
which the motion was agreed to or disagreed to.
(2) With the notices required by subsection (c) (1) of this section
and within three months after filing the notice under subsection (e)
of this section, the Secretary shall furnish to the committees-
(1) a clear explanation of the proposed use of the land involved
which led to the withdrawal;
(2) an inventory and evaluation of the current natural resource
uses and values of the site and adjacent public and nonpublic land
and how it appears they will be affected by the proposed use,
including particularly aspects of use that might cause degrada-
tion of the environment, and also the economic impact of the
change in use on individuals, local communities, and the Nation;
(3) an identification of present users of the land involved, and
how they will be affected by the proposed use;
(4) an analysis of the manner in which existing and potential
resource uses are incompatible with or in conflict with the pro-
posed use, together with a statement of the provisions to be made
for continuation or termination of existing uses, including an eco-
nomic analysis of such continuation or termination;
S. 507-11
(5) an analysis of the manner in which such lands will be used
in relation to the specific requirements for the proposed use;
(6) a statement as to whether any suitable alternative sites are
available (including cost estimates) for the proposed use or for
uses such a withdrawal would displace;
(7) a statement of the consultation which has been or will be
had with other Federal departments and agencies, with regional,
State, and local government bodies, and with other appropriate
individuals and groups;
(8) a statement indicating the effect of the proposed uses, if any,
on State and local government interests and the regional economy;
(9) a statement of the expected length of time needed for the
withdrawal;
(10) the time and place of hearings and of other public involve-
ment 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, engineer-
ing 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) A withdrawal aggregating less than five thousand acres may be
made under this subsection by the Secretary on his own motion or upon
request by a department or an agency head-
(1) for such period of time as he deems desirable for a resource
use; or
(2) for a period of not more than twenty years for any other
use, including but not limited to use for administrative sites, loca-
tion 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) When the Secretary determines, or when the Committee on
Interior and Insular Affairs of either the House of Representatives or
the Senate notifies the Secretary, that an emergency situation exists and
that extraordinary measures must be taken to preserve values that
would otherwise be lost, the Secretary notwithstanding the provisions
of subsections (c) (1) and (d) of this section, shall immediately make
a withdrawal and file notice of such emergency withdrawal with the
Committees on Interior and Insular Affairs of the Senate and the
House of Representatives. Such emergency withdrawal shall be effec-
tive when made but shall last only for a period not to exceed three
years and may not be extended except under the provisions of sub-
section (c) (1) or (d), whichever is applicable, and (b) (1) of this sec-
tion. The information required in subsection (c) (2) of this subsection
shall be furnished the committees within three months fter filing such
notice.
(f) All withdrawals and extensions thereof, whether made prior to
or after approval of this Act, 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 provi-
sions of subsection (c) (1) or (d), whichever is applicable, and only
if the Secretary determines that the purpose for which the withdrawal
was first made requires the extension, and then only for a period no
longer than the length of the orginal withdrawal period. The Secretary
shall report on such review and extensions to the Committees on Inte-
rior and Insular Affairs of the House of Representatives and the
Senate.
S. 507-12
(g) All applications for withdrawal pending on the date of approval
of this Act shall be processed and adjudicated to conclusion within
fifteen years of the date of approval of this Act, in accordance with the
provisions of this section. The segregative effect of any application not
SO processed shall terminate on that date.
(h) 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) 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 pro-
visions of subsection (e) of this section apply.
(j) 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 the Act of June 8, 1906 (34 Stat. 225; 16
U.S.C. 431-433) ; or modify, or revoke any withdrawal which added
lands to the National Wildlife Refuge System prior to the date of
approval of this Act or which thereafter adds lands to that System
under the terms of this Act. Nothing in this Act is intended to modify
or change any provision of the Act of February 27, 1976 (90 Stat. 199;
16 U.S.C. 668dd (a))
(k) 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.
(1) (1) The Secretary shall, within fifteen years of the date of
enactment of this Act, review withdrawals existing on the date of
approval of this Act, 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 the date of approval of this Act, were part of
Indian reservations and other Indian holdings, the National Forest
System, the National Park System, the National Wildlife Refuge Sys-
tem, 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 continua-
tion of the existing withdrawal of the lands would be, in his judgment,
consistent with the statutory objectives of the programs for which
the lands were dedicated and of the other relevant programs. The
Secretary shall report his recommendations to the President, together
with statements of concurrence or nonconcurrence submitted by the
heads of the departments or agencies which administer the lands. The
President shall transmit this report to the President of the Senate
and the Speaker of the House of Representatives, together with his
recommendations for action by the Secretary, or for legislation. The
S. 507-13
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 amend-
ment 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 dis-
agreed to. If the motion to discharge is agreed to or disagreed to, the
motion may not be made with respect to any other resolution with
respect to the same Presidential recommendation. When the committee
has reprinted, or has been discharged from further consideration of a
resolution, it shall at any time thereafter be in order (even though
a previous motion to the same effect has been disagreed to) to move
to proceed to the consideration of the resolution. The motion shall be
highly privileged and shall not be debatable. An amendment to the
motion shall not be in order, and it shall not be in order to move to
reconsider the vote by which the motion was agreed to or disagreed to.
(3) There are hereby authorized to be appropriated not more than
$10,000,000 for the purpose of paragraph (1) of this subsection to be
available until expended to the Secretary and to the heads of other
departments and agencies which will be involved.
ACQUISITIONS
SEC. 205. (a) Notwithstanding any other provisions of law, the
Secretary, with respect to the public lands and the Secretary of Agri-
culture, 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 Agricul-
ture to acquire land by eminent domain within the boundaries of
units of the National Forest System.
(b) Acquisitions pursuant to this section shall be consistent with
the mission of the department involved and with applicable depart-
mental land-use plans.
(c) 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
S. 507-14
or interests in lands are located within the exterior boundaries of a
grazing district established pursuant to the first section of the Act
of June 28, 1934 (48 Stat. 1269, as amended; 43 U.S.C. 315) (com-
monly known as the "Taylor Grazing Act"), 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) Lands and interests in lands acquired by the Secretary of Agri-
culture pursuant to this section shall, upon acceptance of title, become
National Forest System lands subject to all the laws, rules, and regu-
lations applicable thereto.
EXCHANGES
SEC. 206. (a) 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: Pro-
vided, 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, min-
erals, 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) In exercising the exchange authority granted by subsection (a)
or by section 205(a) of this Act, the Secretary may accept title to any
non-Federal land or interests therein in exchange for such land, or
interests therein which he finds proper for transfer out of Federal
ownership and which are located in the same State as the 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 circum-
stances 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 shall try to reduce the amount
of the payment of money to as small an amount as possible.
(c) Lands acquired by exchange under this section by the Secretary
which are within the boundaries of the National Forest System may
be transferred to the Secretary of Agriculture and shall then become
National Forest System lands and subject to all the laws, rules, and
regulations applicable to the National Forest System. Lands acquired
by exchange by the Secretary under this section which are within the
boundaries of National Park, Wildlife Refuge, Wild and Scenic
Rivers, Trails, or any other System established by Act of Congress
may be transferred to the appropriate agency head for administration
as part of such System and in accordance with the laws, rules, and
regulations applicable to such System.
S. 507-15
QUALIFIED CONVEYEES
SEC. 207. 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.
CONVEYANCES
SEC. 208. The Secretary shall issue all patents or other documents
of conveyance after any disposal authorized by this Act. The Secretary
shall insert in any such patent or other document of conveyance he
issues, except in the case of land exchanges, for which the provisions
of subsection 206(b) of this Act shall apply, such terms, covenants,
conditions, and reservations as he deems necessary to insure proper
land use and protection of the public interest: Provided, That a con-
veyance of lands by the Secretary, subject to such terms, covenants,
conditions, and reservations, shall not exempt the grantee from com-
pliance 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 regula-
tion pursuant to State and local land use plans, or programs.
RESERVATION AND CONVEYANCE OF MINERALS
SEC. 209. (a) All conveyances of title issued by the Secretary,
except those involving land exchanges provided for in section 206,
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 sub-
section (b).
(b) (1) The Secretary, after consultation with the appropriate
department or agency head, may convey mineral interests owned by
the United States where the surface is or will be in non-Federal
ownership, regardless of which Federal entity may have administered
the surface, if he finds (1) that there are no known mineral values
in the land, or (2) that the reservation of the mineral rights in the
United States is interfering with or precluding appropriate non-
mineral development of the land and that such development is a more
beneficial use of the land than mineral development.
(2) Conveyance of mineral interests pursuant to this section shall
be made only to the existing or proposed record owner of the surface,
upon payment of administrative costs and the fair market value of
the interests being conveyed.
(3) Before considering an application for conveyance of mineral
interests pursuant to this section-
(i) the Secretary shall require the deposit by the applicant of
a sum of money which he deems sufficient to cover administrative
costs including, but not limited to, costs of conducting an
exploratory program to determine the character of the mineral
deposits in the land, evaluating the data obtained under the
exploratory program to determine the fair market value of the
mineral interests to be conveyed, and preparing and issuing the
documents of conveyance: Provided, That, if the administrative
S. 507-16
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 WITH STATE AND LOCAL GOVERNMENTS
SEC. 210. 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 geo-
graphical 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.
OMITTED LANDS
SEC. 211. OMITTED LANDS.-(a) 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 con-
tained 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) (1) The Secretary is authorized to convey to States and their
political subdivisions under the Recreation and Public Purposes Act,
but without regard to the acreage limitations contained therein, lands
other than islands determined by him after survey to be public lands
of the United States erroneously or fraudulently omitted from the
original surveys (hereinafter referred to as "omitted lands"). Any
such conveyance shall not be made without a survey: Provided, That
the prospective recipient may donate money or services to the Secre-
tary 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 Manage-
ment, 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
S. 507-17
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) (1) No conveyance shall be made pursuant to this section until
the relevant State government, local government, and areawide plan-
ning agency designated pursuant to section 204 of the Demonstration
Cities and Metropolitan Development Act of 1966 (80 Stat. 1255,
1262) and/or title IV of the Intergovernmental Cooperation Act of
1968 (82 Stat. 1098, 1103-4) have notified the Secretary as to the
consistency of such conveyance with applicable State and local gov-
ernment land use plans and programs.
(2) The provisions of section 210 of this Act shall be applicable
to all conveyances under this section.
(d) The final sentence of section 1(c) of the Recreation and Public
Purposes Act shall not be applicable to conveyances under this
section.
(e) No conveyance pursuant to this section shall be used as the
basis for determining the baseline between Federal and State owner-
ship, the boundary of any State for purposes of determining the
extent of a State's submerged lands or the line of demarcation of
Federal jurisdiction, or any similar or related purpose.
(f) 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) 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 authoriz-
ing 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 estab-
lished 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 he 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:
S. 507-18
"(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 pro-
vision, 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 road-
side parks and rest sites of not more than ten acres each.
"(B) To any nonprofit corporation or nonprofit associa-
tion, 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 phase
"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 determines that a tract of National Forest System land
in Alaska or in the eleven contiguous Western States is located adja-
cent 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 maintain-
ing such tract in Federal ownership, he 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 applica-
tion. After public notice, and satisfactory showing of need therefor
by any county, city, or other local governmental subdivision, the Secre-
tary 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 protec-
tion, management, and development of adjacent or contiguous
National Forest System lands."
UNINTENTIONAL TRESPASS ACT
SEC. 214. (a) Notwithstanding the provisions of the Act of Sep-
tember 26, 1968 (82 Stat. 870; 43 U.S.C. 1431-1435), hereinafter called
S. 507-19
the "1968 Act", with respect to applications under the 1968 Act which
were pending before the Secretary as of the effective date of this sub-
section and which he approves for sale under the criteria prescribed
by the 1968 Act, he shall give the right of first refusal to those having
a preference right under section 2 of the 1968 Act. 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) Within three years after the date of approval of this Act, the
Secretary shall notify the filers of applications subject to paragraph
(a) of this section whether he will offer them the lands applied for
and at what price; that is, their fair market value as of September
26, 1973, excluding any value added to the lands by the applicants
or their predecessors in interest. He will also notify the President of
the Senate and the Speaker of the House of Representatives of the
lands which he has determined not to sell pursuant to paragraph (a)
of this section and the reasons therefor. With respect to such lands
which the Secretary determined not to sell, he shall take no other
action to convey those lands or interests in them before the end of
ninety days (not counting days on which the House of Representa-
tives or the Senate has adjourned for more than three consecutive
days) beginning on the date the Secretary has submitted such notice
to the Senate and House of Representatives. If, during that ninety-
day period, the Congress adopts a concurrent resolution stating the
length of time such suspension of action should continue, he shall
continue such suspension for the specified time period. If the com-
mittee 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 suspen-
sion of action. A motion to discharge may be made only by an indi-
vidual favoring the resolution, shall be highly privileged (except
that it may not be made after the committee has reported such a reso-
lution), and debate thereon shall be limited to not more than one hour,
to be divided equally between those favoring and those opposing the
resolution. An amendment to the motion shall not be in order, and it
shall not be in order to move to reconsider the vote by which the
motion was agreed to or disagreed to. If the motion to discharge is
agreed to or disagreed to, the motion may not be made with respect
to any other resolution with respect to the same suspension of action.
When the committee has reprinted, or has been discharged from
further consideration of a resolution, it shall at any time thereafter be
in order (even though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the resolution.
The motion shall be highly privileged and shall not be debatable. An
amendment to the motion shall not be in order, and it shall not be in
order to move to reconsider the vote by which the motion was agreed to
or disagreed to.
(c) Within five years after the date of approval of this Act, the
Secretary shall complete the processing of all applications filed under
the 1968 Act and hold sales covering all lands which he has deter-
mined to sell thereunder.
S. 507-20
TITLE ILI-ADMINISTRATION
BLM DIRECTORATE AND FUNCTIONS
SEC. 301. (a) The Bureau of Land Management established by
Reorganization Plan Numbered 3, of 1946 (5 U.S.C. App. 519) shall
have as its head a Director. Appointments to the position of Direc-
tor 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 nat-
ural resource management. He shall carry out such functions and shall
perform such duties as the Secretary may prescribe with respect to
the management of lands and resources under his jurisdiction accord-
ing to the applicable provisions of this Act and any other applicable
law.
(b) Subject to the discretion granted to him by Reorganization
Plan Numbered 3 of 1950 (43 U.S.C. 1451 note), the Secretary shall
carry out through the Bureau all functions, powers, and duties vested
in him and relating to the administration of laws which, on the date
of enactment of this section, were carried out by him through the
Bureau of Land Management established by section 403 of Reorgani-
zation Plan Numbered 3 of 1946. The Bureau shall administer such
laws according to the provisions thereof existing as of the date of
approval of this Act as modified by the provisions of this Act or by
subsequent law.
(c) In addition to the Director, there shall be an Associate Direc-
tor of the Bureau and SO many Assistant Directors, and other
employees, as may be necessary, who shall be appointed by the Sec-
retary subject to the provisions of title 5, United States Code, govern-
ing appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter 3 of
chapter 53 of such title relating to classification and General Schedule
pay rates.
(d) Nothing in this section shall affect any regulation of the Sec-
retary with respect to the administration of laws administered by
him through the Bureau on the date of approval of this section.
MANAGEMENT OF USE, OCCUPANCY, AND DEVELOPMENT
SEC. 302. (a) The Secretary shall manage the public lands under
principles of multiple use and sustained yield, in accordance with the
land use plans developed by him under section 202 of this Act 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) In managing the public lands, the Secretary shall, subject to
this Act and other applicable law and under such terms and condi-
tions 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: Pro-
vided, 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 pro-
S. 507-21
posed use and development are similar or closely related to the pro-
grams 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 adja-
cent 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 appli-
cable 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 man-
aging the public lands the Secretary shall, by regulation or other-
wise, take any action necessary to prevent unnecessary or undue
degradation of the lands.
(c) The Secretary shall insert in any instrument providing for the
use, occupancy, or development of the public lands a provision author-
izing revocation or suspension, after notice and hearing, of such instru-
ment 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 applica-
ble to the public lands and compliance with applicable State or Fed-
eral air or water quality standard or implmentation plan: Provided,
That such violation occurred on public lands covered by such instru-
ment and occurred in connection with the exercise of rights and
privileges granted by it: Provided further, That the Secretary shall
terminate any such suspension no later than the date upon which he
determines the cause of said violation has been rectified: Provided
further, That the Secretary may order an immediate temporary sus-
pension prior to a hearing or final administrative finding if he deter-
mines 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 cancella-
tion of a permit, license, or other authorization to use, occupy, or
develop the public lands, the specific provisions of such law shall
prevail.
ENFORCEMENT AUTHORITY
SEC. 303. (a) 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 designated for
S. 507-22
that purpose by the court by which he was appointed, in the same
manner and subject to the same conditions and limitations as provided
for in section 3401 of title 18 of the United States Code.
(b) At the request of the Secretary, the Attorney General may
institute a civil action in any United States district court for an injunc-
tion or other appropriate order to prevent any person from utilizing
public lands in violation of regulations issued by the Secretary under
this Act.
(c) (1) When the Secretary determines that assistance is necessary
in enforcing Federal laws and regulations relating to the public lands
or their resources he shall offer a contract to appropriate local officials
having law enforcement authority within their respective jurisdictions
with the view of achieving maximum feasible reliance upon local law
enforcement officials in enforcing such laws and regulations. The Sec-
retary shall negotiate on reasonable terms with such officials who have
authority to enter into such contracts to enforce such Federal laws and
regulations. In the performance of their duties under such contracts
such officials and their agents are authorized to carry firearms; execute
and serve any warrant or other process issued by a court or officer of
competent jurisdiction; make arrests without warrant or process for
a misdemeanor he has reasonable grounds to believe is being committed
in his presence or view, or for a felony if he has reasonable grounds
to believe that the person to be arrested has committed or is commit-
ting 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 Fed-
eral law. The Secretary shall provide such law enforcement training
as he deems necessary in order to carry out the contracted for responsi-
bilities. While exercising the powers and authorities provided by such
contract pursuant to this section, such law enforcement officials and
their agents shall have all the immunities of Federal law enforcement
officials.
(2) The Secretary may authorize Federal personnel or appropriate
local officials to carry out his law enforcement responsibilities with
respect to the public lands and their resources. Such designated per-
sonnel shall receive the training and have the responsibilities and
authority provided for in paragraph (1) of this subsection.
(d) In connection with the administration and regulation of the
use and occupancy of the public lands, the Secretary is authorized to
cooperate with the regulatory and law enforcement officials of any
State or political subdivision thereof in the enforcement of the laws
or ordinances of such State or subdivision. Such cooperation may
include reimbursement to a State or its subdivision for expenditures
incurred by it in connection with activities which assist in the adminis-
tration and regulation of use and occupancy of the public lands.
(e) Nothing in this section shall prevent the Secretary from
promptly establishing a uniformed desert ranger force in the Cali-
fornia 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 him in such
area. The officers and members of such ranger force shall have the
same responsibilities and authority as provided for in paragraph (1)
of subsection (c) of this section.
(f) Nothing in this Act shall be construed as reducing or limiting
the enforcement authority vested in the Secretary by any other statute.
(g) The use, occupancy, or development of any portion of the public
lands contrary to any regulation of the Secretary or other responsible
S. 507-23
authority, or contrary to any order issued pursuant to any such regula-
tion, is unlawful and prohibited.
SERVICE CHARGES, REIMBURSEMENT PAYMENTS, AND EXCESS PAYMENTS
SEC. 304. (a) Notwithstanding any other provision of law, the
Secretary may establish reasonable filing and service fees and reason-
able charges, and commissions with respect to applications and other
documents relating to the public lands and may change and abolish
such fees, charges, and commissions.
(b) The Secretary is authorized to require a deposit of any pay-
ments 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 here-
by 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 over-
head), 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 inter-
est rather than for the exclusive benefit of the applicant, the public
service provided, and other factors relevant to determining the rea-
sonableness of the costs.
(c) 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 Secre-
tary, upon application or otherwise, may cause a refund to be made
from applicable funds.
DEPOSITS AND FORFEITURES
SEC. 305. (a) Any moneys received by the United States as a result
of the forfeiture of a bond or other security by a resource developer
or purchaser or permittee who does not fulfill the requirements of his
contract or permit or does not comply with the regulations of the
Secretary; or as a result of a compromise or settlement of any claim
whether sounding in tort or in contract involving present or potential
damage to the public lands shall be credited to a separate account in
the Treasury and are hereby authorized to be appropriated and made
available, until expended as the Secretary may direct, to cover the
cost to the United States of any improvement, protection, or rehabili-
tation work on those public lands which has been rendered necessary
by the action which has led to the forfeiture, compromise, or
settlement.
(b) 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) 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
S. 507-24
authorized under this Act, the Secretary, upon application or other-
wise, may cause a refund of the amount in excess to be made from
applicable funds.
WORKING CAPITAL FUND
SEC. 306. (a) There is hereby established a working capital fund for
the management of the public lands. This fund shall be available with-
out fiscal year limitation for expenses necessary for furnishing, in
accordance with the Federal Property and Administrative Services
Act of 1949 (63 Stat. 377, as amended), and regulations promulgated
thereunder, supplies and equipment services in support of Bureau pro-
grams, 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 equip-
ment, and fire control and other resource management equipment
within the limitations set forth in appropriations made to the
Secretary for the Bureau.
(b) The initial capital of the fund shall consist of appropriations
made for that purpose together with the fair and reasonable value at
the fund's inception of the inventories, equipment, receivables, and
other assets, less the liabilities, transferred to the fund. The Secretary
is authorized to make such subsequent transfers to the fund as he
deems appropriate in connection with the functions to be carried on
through the fund.
(c) 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) There is hereby authorized to be appropriated a sum not to
exceed $3,000,000 as initial capital of the working capital fund.
STUDIES, COOPERATIVE AGREEMENTS, AND CONTRIBUTIONS
SEC. 307. (a) The Secretary may conduct investigations, studies,
and experiments, on his own initiative or in cooperation with others,
involving the management, protection, development, acquisition, and
conveying of the public lands.
(b) Subject to the provisions of applicable law, the Secretary may
enter into contracts and cooperative agreements involving the manage-
ment, protection, development, and sale of public lands.
(c) The Secretary may accept contributions or donations of money,
services, and property, real, personal, or mixed, for the management,
protection, development, acquisition, and conveying of the public
lands, including the acquisition of rights-of-way for such purposes.
He may accept contributions for cadastral surveying performed on
federally controlled or intermingled lands. Moneys received hereunder
shall be credited to a separate account in the Treasury and are hereby
authorized to be appropriated and made available until expended, as
the Secretary may direct, for payment of expenses incident to the
function toward the administration of which the contributions were
made and for refunds to depositors of amounts contributed by them
in specific instances where contributions are in excess of their share of
the cost.
S. 507-25
CONTRACTS FOR SURVEYS AND RESOURCE PROTECTION
SEC. 308. (a) The Secretary is authorized to enter into contracts for
the use of aircraft, and for supplies and services, prior to the passage
of an appropriation therefor, for airborne cadastral survey and
resource protection operations of the Bureau. He may renew such
contracts annually, not more than twice, without additional competi-
tion. 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 AND PUBLIC PARTICIPATION
SEC. 309. (a) The Secretary is authorized to establish advisory coun-
cils of not less than ten and not more than fifteen members appointed
by him from among persons who are representative of the various
major citizens' interests concerning the problems relating to land use
planning or the management of the public lands located within the
area for which an advisory council is established. At least one member
of each council shall be an elected official of general purpose govern-
ment 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).
(b) Notwithstanding the provisions of subsection (a) of this sec-
tion, 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) 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) 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) In exercising his authorities under this Act, the Secretary, by
regulation, shall establish procedures, including public hearings where
appropriate, to give the Federal, State, and local governments and
the public adequate notice and an opportunity to comment upon the
formulation of standards and criteria for, and to participate in, the
preparation and execution of plans and programs for, and the manage-
ment of, the public lands.
RULES AND REGULATIONS
SEC. 310. 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 Sys-
tem, shall promulgate rules and regulations to carry out the purposes
of this Act. The promulgation of such rules and regulations shall be
S. 507-26
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.
PUBLIC LANDS PROGRAM REPORT
SEC. 311. (a) For the purpose of providing information that will
aid Congress in carrying out its oversight responsibilities for public
lands programs and for other purposes, the Secretary shall prepare
a report in accordance with subsections (b) and (c) and submit it to
the Congress no later than one hundred and twenty days after the
end of each fiscal year beginning with the report for fiscal year 1979.
(b) 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 Committees on Interior and
Insular Affairs of the House and Senate and shall be provided to the
committees prior to the end of the second quarter of each fiscal year.
(c) The report shall include, but not be limited to, program identi-
fication information, program evaluation information, and program
budgetary information for the preceding current and succeeding fiscal
years.
SEARCH AND RESCUE
SEC. 312. Where in his judgment sufficient search, rescue, and pro-
tection 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 rescu-
ing, 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.
SUNSHINE IN GOVERNMENT
SEC. 313. (a) Each officer or employee of the Secretary and the
Bureau who—
(1) performs any function or duty under this Act; and
(2) has any known financial interest in any person who (A)
applies for or receives any permit. lease, or right-of-way under,
or (B) applies for or acquires any land or interests therein under,
or (C) is otherwise subject to the provisions of, this Act,
shall, beginning on February 1, 1977, annually file with the Secretary
a written statement concerning all such interests held by such officer
or employee during the preceding calendar year. Such statement shall
be available to the public.
(b) The Secretary shall-
(1) act within ninety days after the date of enactment of this
Act-
(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 sec-
tion 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 state-
ments; and
S. 507-27
(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) In the rules prescribed in subsection (b) of this section, the
Secretary may identify specific positions within the Department of
the Interior which are of a nonregulatory or nonpolicymaking nature
and provide that officers or employees occupying such positions shall
be exempt from the requirements of this section.
(d) 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.
RECORDATION OF MINING CLAIMS AND ABANDONMENT
SEC. 314. (a) The owner of an unpatented lode or placer mining
claim located prior to the date of this Act shall, within the three-
year period following the date of the approval of this Act 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 the date of this
Act 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 certifi-
cate is recorded either a notice of intention to hold the mining claim
(including but not limited to such notices as are provided by law
to be filed when there has been a suspension or deferment of annual
assessment work), an affidavit of assessment work performed thereon,
on a detailed report provided by the Act of September 2, 1958 (72
Stat. 1701 30 U.S.C. 28-1), 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 pur-
suant 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) The owner of an unpatented lode or placer mining claim or
mill or tunnel site located prior to the date of approval of this Act
shall, within the three-year period following the date of approval
of this Act, file in the office of the Bureau designated by the Secretary
a copy of the official record of the notice of location or certificate of
location, including a description of the location of the mining claim
or mill or tunnel site sufficient to locate the claimed lands on the
ground. The owner of an unpatented lode or placer mining claim or
mill or tunnel site located after the date of approval of this Act 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) The failure to file such instruments as required by subsections
(a) and (b) shall be deemed conclusively to constitute an abandon-
ment 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 defec-
tive or not timely filed for record under other Federal laws per-
mitting 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.
S. 507-28
(d) 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 assess-
ment and other requirements of such law.
RECORDABLE DISCLAIMERS OF INTEREST IN LAND
SEC. 315. (a) After consulting with any affected Federal agency,
the Secretary is authorized to issue a document of disclaimer of inter-
est or interests in any lands in any form suitable for recordation,
where the disclaimer will help remove a cloud on the title of such
lands and where he determines (1) a record interest of the United
States in lands has terminated by operation of law or is otherwise
invalid; or (2) the lands lying between the meander line shown on
a plat of survey approved by the Bureau or its predecessors and the
actual shoreline of a body of water are not lands of the United States:
or (3) accreted, relicted, or avulsed lands are not lands of the United
States.
(b) 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) Issuance of a document of disclaimer by the Secretary pursuant
to the provisions of this section and regulations promulgated here-
under shall have the same effect as a quit-claim deed from the United
States.
CORRECTION OF CONVEYANCE DOCUMENTS
SEC. 316. The Secretary may correct patents or documents of con-
veyance 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.
MINERAL REVENUES
SEC. 317. (a) Section 35 of the Act of February 25, 1920 (41 Stat.
437, 450; 30 U.S.C. 181, 191), as amended, is further amended to
read as follows: "All money received from sales, bonuses, royalties,
and rentals of the public lands under the provisions of this Act and
the Geothermal Steam Act of 1970, notwithstanding the provisions
of section 20 thereof, shall be paid into the Treasury of the United
States; 50 per centum thereof shall be paid by the Secretary of the
Treasury as soon as practicable after March 31 and September 30 of
each year 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
S. 507-29
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, approved June 17, 1902,
and of those from Alaska as soon as practicable after March 31 and
September 30 of each year, 90 per centum thereof shall be paid to
the State of Alaska for disposition by the legislature thereof: Pro-
vided, 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 the Act of
June 4, 1920 (41 Stat. 813), as amended June 30, 1938 (52 Stat. 1252).
All moneys received under the provisions of this Act and the Geo-
thermal Steam Act of 1970 not otherwise disposed of by this section
shall be credited to miscellaneous receipts.".
(b) Funds now held pursuant to said section 35 by the States of
Colorado and Utah separately from the Department of the Interior
oil shale test leases known as C-A; C-B; U-A and U-B shall be
used by such States and subdivisions as the legislature of each State
may direct giving priority to those subdivisions socially or economi-
cally impacted by the development of minerals leased under this
Act for (1) planning, (2) construction and maintenance of public
facilities, and (3) provision of public services.
(c) (1) The Secretary is authorized to make loans to States and
their political subdivisions in order to relieve social or economic
impacts occasioned by the development of minerals leased in such
States pursuant to the Act of February 25, 1920, as amended. Such
loans shall be confined to the uses specified for the 50 per centum of
mineral revenues to be received by such States and subdivisions pur-
suant to section 35 of such Act. All loans shall bear interest at a
rate not to exceed 3 per centum and shall be for such amounts and
durations as the Secretary shall determine. The Secretary shall limit
the amounts of such loans to all States except Alaska to the antici-
pated mineral revenues to be received by the recipients of said loans
and to Alaska to 55 per centum of anticipated mineral revenues to be
received by it pursuant to said section 35 for any prospective 10-year
period. Such loans shall be repaid by the loan recipients from mineral
revenues to be derived from said section 35 by such recipients, as the
Secretary determines.
(2) The Secretary, after consultation with Governors of the
affected States, shall allocate such loans among the States and their
subdivisions in a fair and equitable manner, giving priority to those
States and subdivisions suffering the most severe impacts.
(3) Loans under this subsection shall be subject to such terms and
conditions as the Secretary determines necessary to assure that the
purpose of this subsection will be achieved. The Secretary shall issue
such regulations as may be necessary to carry out the provisions of
this section.
APPROPRIATION AUTHORIZATION
SEC. 318. (a) There are hereby 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, 1978, any program, function, or activity of the Bureau
under this or any other Act unless such sums are specifically author-
ized to be appropriated as of the date of approval of this Act or are
authorized to be appropriated in accordance with the provisions of
subsection (b) of this section.
S. 507-30
(b) Consistent with section 607 of the Congressional Budget Act
of 1974, beginning May 15, 1977, and not later than May 15 of each
second even numbered year thereafter, the Secretary shall submit to
the Speaker of the House of Representatives and the President of
the Senate a request for the authorization of appropriations for all
programs, functions, and activities of the Bureau to be carried out
during the four-fiscal-year period beginning on October 1 of the
calendar year following the calendar year in which such request is
submitted. The Secretary shall include in his request, in addition
to the information contained in his budget request and justification
statement to the Office of Management and Budget, the funding levels
which he determines can be efficiently and effectively utilized in the
execution of his responsibilities for each such program, function, or
activity, notwithstanding any budget guidelines or limitations imposed
by any official or agency of the executive branch.
(c) 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) 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.
TITLE IV-RANGE MANAGEMENT
GRAZING FEES
SEC. 401. (a) The Secretary of Agriculture and the Secretary of
the Interior shall jointly cause to be conducted a study to determine
the value of grazing on the lands under their jurisdiction in the
eleven Western States with a view to establishing a fee to be charged
for domestic livestock grazing on such lands which is equitable to
the United States and to the holders of grazing permits and leases
on such lands. In making such study, the Secretaries shall take into
consideration the costs of production normally associated with
domestic livestock grazing in the eleven Western States, differences in
forage values, and such other factors as may relate to the reasonable-
ness of such fees. The Secretaries shall report the result of such study
to the Congress not later than one year from and after the date of
approval of this Act, 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 the date of approval of this Act, the grazing fee charge
then in effect shall not be altered and shall remain the same until such
report has been submitted to the Congress. Neither Secretary shall
increase the grazing fee in the 1977 grazing year.
(b) (1) Congress finds that a substantial amount of the Federal
range lands is deteriorating in quality, and that installation of addi-
tional 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
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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 eleven contiguous Western
States under the provisions of this section shall be credited to a sepa-
rate account in the Treasury, one-half of which is authorized to be
appropriated and made available for use in the district, region, or
national forest from which such moneys were derived, as the respective
Secretary may direct after consultation with district, regional, or
national forest user representatives, for the purpose of on-the-ground
range rehabilitation, protection, and improvements on such lands, and
the remaining one-half shall be used for on-the-ground range rehabil-
itation, protection, and improvements as the Secretary concerned
directs. Any funds SO appropriated shall be in addition to any other
appropriations made to the respective Secretary for planning and
administration of the range betterment program and for other range
management. Such rehabilitation, protection, and improvements shall
include all forms of range land betterment including, but not limited
to, seeding and reseeding, fence construction, weed control, water
development, and fish and wildlife habitat enhancement as the respec-
tive 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.
(2) The first clause of section 10(b) of the Taylor Grazing Act
(48 Stat. 1269), as amended by the Act of August 6, 1947 (43 U.S.C.
315i), is hereby repealed. All distributions of moneys made under
section 401 (b) (1) of this Act shall be in addition to distributions
made under section 10 of the Taylor Grazing Act and shall not apply
to distribution of moneys made under section 11 of that Act. The
remaining moneys received by the United States as fees for grazing
domestic livestock on the public lands shall be deposited in the Treas-
ury as miscellaneous receipts.
(3) Section 3 of the Taylor Grazing Act, as amended (43 U.S.C.
315), is further amended by-
(a) Deleting the last clause of the first sentence thereof, which
begins with "and in fixing," deleting the comma after "time",
and adding to that first sentence the words "in accordance with
governing law".
(b) Deleting the second sentence thereof.
GRAZING LEASES AND PERMITS
SEC. 402. (a) 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 eleven
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
S. 507-32
lease for any violation of a grazing regulation or of any term or condi-
tion of such grazing permit or lease.
(b) Permits or leases may be issued by the Secretary concerned for
a period shorter than ten years where the Secretary concerned deter-
mines that-
(1) the land is pending disposal; or
(2) the land will be devoted to a public purpose prior to the
end of ten years; or
(3) it will be in the best interest of sound land management to
specify a shorter term: Provided, That the absence from an allot-
ment 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.
(c) So long as (1) 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 202 of this Act or section
5 of the Forest and Rangeland Renewable Resources Planning Act of
1974 (88 Stat. 477; 16 U.S.C. 1601), (2) 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 (3) 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.
(d) All permits and leases for domestic livestock grazing issued
pursuant to this section, with the exceptions authorized in subsection
(e) of this section, on and after October 1, 1988, may incorporate an
allotment management plan developed by the Secretary concerned in
consultation with the lessees or permittees involved. Prior to that
date, allotment management plans shall be incorporated in grazing
permits and leases when they are completed. The Secretary concerned
may revise such plans from time to time after such consultation.
(e) Prior to October 1, 1988, or thereafter, in all cases where the
Secretary concerned has not completed an allotment management plan
or determines that an allotment management plan is not necessary for
management of livestock operations and will not be prepared, the
Secretary concerned shall incorporate in grazing permits and leases
such terms and conditions as he deems appropriate for management
of the permitted or leased lands pursuant to applicable law. The Sec-
retary concerned shall also specify therein the numbers of animals to
be grazed and the seasons of use and that he may reexamine the con-
dition of the range at any time and, if he finds on reexamination that
the condition of the range requires adjustment in the amount or other
aspect of grazing use, that the permittee or lessee shall adjust his use
to the extent the Secretary concerned deems necessary. Such readjust-
ment shall be put into full force and effect on the date specified by the
Secretary concerned.
(f) Allotment management plans shall not refer to livestock oper-
ations or range improvements on non-Federal lands except where the
non-Federal lands are intermingled with, or, with the consent of the
permittee or lessee involved, associated with, the Federal lands subject
to the plan. The Secretary concerned under appropriate regulations
shall grant to lessees and permittees the right of appeal from decisions
which specify the terms and conditions of allotment management
plans. The preceding sentence of this subsection shall not be construed
as limiting any other right of appeal from decisions of such officials.
(g) Whenever a permit or lease for grazing domestic livestock is
canceled in whole or in part, in order to devote the lands covered by
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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 Secre-
tary concerned, of his interest in authorized permanent improvements
placed or constructed by the permittee or lessee on lands covered by
such permit or lease, but not to exceed the fair market value of the
terminated portion of the permittee's or lessee's interest therein.
Except in cases of emergency, no permit or lease shall be canceled
under this subsection without two years' prior notification.
(h) Nothing in this Act shall be construed as modifying in any
way law existing on the date of approval of this Act 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.
GRAZING ADVISORY BOARDS
SEC. 403. (a) For each Bureau district office and National Forest
headquarters office in the eleven 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 Agricul-
ture, 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) 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 allot-
ment management plans and the utilization of range-betterment funds.
(c) 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 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) Each grazing advisory board shall meet at least once annually.
(e) Except as may be otherwise provided by this section, the provi-
sions of the Federal Advisory Committee Act (86 Stat. 770; 5 U.S.C.
App. 1) shall apply to grazing advisory boards.
(f) The provisions of this section shall expire December 31, 1985.
MANAGEMENT OF CERTAIN HORSES AND BURROS
SEC. 404. Sections 9 and 10 of the Act of December 15, 1971 (85 Stat.
649, 651; 16 U.S.C. 1331, 1339-1340) are renumbered as sections 10 and
11, respectively, and the following new section is inserted after
section 8:
"SEC. 9. In administering this 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 pro-
visions of subsection (a) of the Act of September 8, 1959 (73 Stat.
470; 18 U.S.C. 47(a)) shall not be applicable to such use. Such use
shall be in accordance with humane procedures prescribed by the
Secretary.".
S. 507-34
TITLE V-RIGHTS-OF-WAY
AUTHORIZATION TO GRANT RIGHTS-OF-WAY
SEC. 501. (a) The Secretary, with respect to the public lands 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 dis-
tribution 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 facili-
ties in connection therewith;
(3) pipelines, slurry and emulsion systems, and conveyor belts
for transportation and distribution of solid materials, and facili-
ties 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 Power Commission
under the Federal Power Act of 1935 (49 Stat. 847; 16 U.S.C.
791) ;
(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) (1) The Secretary concerned shall require, prior to granting,
issuing, or renewing a right-of-way, that the applicant submit and
disclose those plans, contracts, agreements, or other information
reasonably related to the use, or intended use, of the right-of-way,
including its effect on competition, which he deems necessary to a
determination, in accordance with the provisions of this Act, as to
whether a right-of-way shall be granted, issued, or renewed and the
terms and conditions which should be included in the right-of-way.
(2) If the applicant is a partnership, corporation, association, or
other business entity, the Secretary concerned, prior to granting a
right-to-way pursuant to this title, shall require the applicant to dis-
close the identity of the participants in the entity, when he deems it
necesary 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 share-
holder 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
S. 507-35
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.
COST-SHARE ROAD AUTHORIZATION
SEC. 502. (a) The Secretary, with respect to the public lands, is
authorized to provide for the acquisition, construction, and mainte-
nance of roads within and near the public lands in locations and
according to specifications which will permit maximum economy in
harvesting timber from such lands tributary to such roads and at the
same time meet the requirements for protection, development, and
management of such lands for utilization of the other resources thereof.
Financing of such roads may be accomplished (1) by the Secretary
utilizing appropriated funds, (2) by requirements on purchasers of
timber and other products from the public lands, including provisions
for amortization of road costs in contracts, (3) by cooperative financ-
ing 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 fur-
ther, That when timber is offered with the condition that the purchaser
thereof will build a road or roads in accordance with standards speci-
fied in the offer, the purchaser of the timber will be responsible for
paying the full costs of construction of such roads.
(b) 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) The Secretary may require the user or users of a road, trail, land,
or other facility administered by him through the Bureau, including
purchasers of Government timber and other products, to maintain such
facilities in a satisfactory condition commensurate with the particular
use requirements of each. Such maintenance to be borne by each user
shall be proportionate to total use. The Secretary may also require the
user or users of such a facility to reconstruct the same when such recon-
struction is determined to be necessary to accommodate such use. If
such maintenance or reconstruction cannot be SO provided or if the
Secretary determines that maintenance or reconstruction by a user
would not be practical, then the Secretary may require that sufficient
funds be deposited by the user to provide his portion of such total
maintenance or reconstruction. Deposits made to cover the maintenance
or reconstruction of roads are hereby made available until expended
to cover the cost to the United States of accomplishing the purposes
for which deposited: Provided, That deposits received for work on
adjacent and overlapping areas may be combined when it is the most
practicable and efficient manner of performing the work, and cost
thereof may be determined by estimates: And provided further, That
unexpended balances upon accomplishment of the purpose for which
deposited shall be transferred to miscellaneous receipts or refunded.
(d) Whenever the agreement under which the United States has
obtained for the use of, or in connection with, the public lands a right-
S. 507-36
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 pay-
ments to the grantor.
RIGHT-OF-WAY CORRIDORS
SEC. 503. In order to minimize adverse environmental impacts and
the proliferation of separate rights-of-way, the utilization of rights-
of-way in common shall be required to the extent practical, and each
right-of-way or permit shall reserve to the Secretary concerned the
right to grant additional rights-of-way or permits for compatible uses
on or adjacent to rights-of-way granted pursuant to this Act. In desig-
nating 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, environ-
mental quality, economic efficiency, national security, safety, and good
engineering and technological practices. The Secretary concerned shall
issue regulations containing the criteria and procedures he will use in
designating such corridors. Any existing transportation and utility
corridors may be designated as transportation and utility corridors
pursuant to this subsection without further review.
GENERAL PROVISIONS
SEC. 504. (a) 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 deter-
mines (1) will be occupied by facilities which constitute the project
for which the right-of-way is granted, issued, or renewed, (2) to be
necessary for the operation or maintenance of the project, (3) to be
necessary to protect the public safety, and (4) will do no unnecessary
damage to the environment. The Secretary concerned may authorize
the temporary use of such additional lands as he determines to be
reasonably necessary for the construction, operation, maintenance, or
termination of the project or a portion thereof, or for access thereto.
(b) Each right-of-way or permit granted, issued, or renewed pursu-
ant to this section shall be limited to a reasonable term in light of all
circumstances concerning the project. In determining the duration
of a right-of-way the Secretary concerned shall, among other things,
take into consideration the cost of the facility, its useful life, and any
public purpose it serves. The right-of-way shall specify whether it is
or is not renewable and the terms and conditions applicable to the
renewal.
(c) 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, construc-
tion, maintenance, transfer or assignment, and termination.
(d) 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 regu-
lations issued by that Secretary, including the terms and conditions
required under section 505 of this Act.
S. 507-37
(e) The Secretary concerned shall issue regulations with respect
to the terms and conditions that will be included in rights-of-way pur-
suant 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 rights-of-way not granted
or issued, but renewed pursuant to this title.
(f) Mineral and vegetative materials, including timber, within or
without a right-of-way, may be used or disposed of in connection
with construction or other purposes only if authorization to remove
or use such materials has been obtained pursuant to applicable laws.
(g) The holder of a right-of-way shall pay annually in advance
the fair market value thereof as determined by the Secretary grant-
ing, issuing, or renewing such right-of-way Provided, That when
the annual rental is less than $100, the Secretary concerned may
require advance payment for more than one year at a time: Provided
further, That the Secretary concerned may waive rentals where a
right-of-way is granted, issued, or renewed in reciprocation for a
right-of-way conveyed to the United States in connection with a
cooperative cost share program between the United States and the
holder. The Secretary concerned may, by regulation or prior to pro-
mulgation of such regulations, as a condition of a right-of-way,
require an applicant for or holder of a right-of-way to reimburse
the United States for all reasonable administrative and other costs
incurred in processing an application for such right-of-way and in
inspection and monitoring of construction, operation, and termination
of the facility pursuant to such right-of-way: Provided, however,
That the Secretary concerned need not secure reimbursement in any
situation where there is in existence a cooperative cost share right-of-
way program between the United States and the holder of a right-
of-way. Rights-of-way may be granted, issued, or renewed to a
Federal, State, or local government or any agency or instrumentality
thereof, to nonprofit associations or nonprofit corporations which
are not themselves controlled or owned by profitmaking corporations
or business enterprises, or to a holder where he provides without or
at reduced charges a valuable benefit to the public or to the pro-
grams 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, includ-
ing free use as the Secretary concerned finds equitable and in the
public interest. Such rights-of-way issued at less than fair market
value are not assignable except with the approval of the Secretary
issuing the right-of-way. The moneys received for reimbursement of
reasonable costs shall be deposited with the Treasury in a special
account and are hereby authorized to be appropriated and made
available until expended.
(h) (1) The Secretary concerned shall promulgate regulations spec-
ifying 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 liabili-
ties, 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
S. 507-38
or injury in excess of this amount shall be determined by ordinary
rules of negligence.
(i) Where he deems it appropriate, the Secretary concerned may
require a holder of a right-of-way to furnish a bond, or other security,
satisfactory to him to secure all or any of the obligations imposed by
the terms and conditions of the right-of-way or by any rule or regula-
tion of the Secretary concerned.
(j) The Secretary concerned shall grant, issue, or renew a right-of-
way under this title only when he is satisfied that the applicant has
the technical and financial capability to construct the project for
which the right-of-way is requested, and in accord with the require-
ments of this title.
TERMS AND CONDITIONS
SEC. 505. 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) mini-
mize damage to scenic and esthetic values and fish and wildlife
habitat and otherwise protect the environment; (iii) require com-
pliance with applicable air and water quality standards estab-
lished 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 individ-
uals 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 tra-
versed by the right-of-way or adjacent thereto.
SUSPENSION OR TERMINATION OF RIGHTS-OF-WAY
SEC. 506. Abandonment of a right-of-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 suspen-
sion or termination of the right-of-way if, after due notice to the holder
of the right-of-way and, 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 right-of-way for violation of its terms and conditions is
necessary to protect public health or safety or the environment, he may
abate such activities prior to an administrative proceeding. Prior to
commencing any proceeding to suspend or terminate a right-of-way
S. 507-39
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 AGENCIES
SEC. 507. (a) The Secretary concerned may provide under applica-
ble 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 him, subject to such terms and conditions as he may
impose.
(b) Where a right-of-way has been reserved for the use of any
department or agency of the United States, the Secretary shall take
no action to terminate, or otherwise limit, that use without the consent
of the head of such department or agency.
CONVEYANCE OF LANDS
SEC. 508. 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 con-
cerned 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, he shall (a) reserve to the United States that portion
of the lands which lies within the boundaries of the right-of-way, or
(b) convey the lands, including that portion within the boundaries of
the right-of-way, subject to the right-of-way and reserving to the
United States the right to enforce all or any of the terms and condi-
tions of the right-of-way, including the right to renew it or extend it
upon its termination and to collect rents.
EXISTING RIGHTS-OF WAY
SEC. 509. (a) Nothing in this title shall have the effect of terminating
any right-of-way or right-of-use heretofore issued, granted, or per-
mitted. However, with the consent of the holder thereof, the Secretary
concerned may cancel such a right-of-way or right-of-use and in its
stead issue a right-of-way pursuant to the provisions of this title.
(b) When the Secretary concerned issues a right-of-way under this
title for a railroad and appurtenant communication facilities in con-
nection with a realinement of a railroad on lands under his jurisdic-
tion by virtue of a right-of-way granted by the United States, he may,
when he considers it to be in the public interest and the lands involved
are not within an incorporated community and are of approximately
equal value, notwithstanding the provisions of this title, provide in the
new right-of-way the same terms and conditions as applied to the por-
S. 507-40
tion 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 con-
cerned or his delegate shall take final action upon all applications for
the grant, issue, or renewal of rights-of-way under subsection (b) of
this section no later than six months after receipt from the applicant
of all information required from the applicant by this title.
EFFECT ON OTHER LAWS
SEC. 510. (a) Effective on and after the date of approval of this Act,
no right-of-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 the Act of October 13, 1964 (78 Stat.
1089; 16 U.S.C. 532-538) and in the event of conflict with, or incon-
sistency between, this title and the Act of October 13, 1964, 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 501 (b) or impose any
other condition contemplated by this Act that is contrary to present
practices of that Secretary under the Act of October 13, 1964. 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 he deems necessary to comply with the
requirements of this title.
(b) 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) (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. 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.
COORDINATION OF APPLICATIONS
SEC. 511. Applicants before Federal departments and agencies other
than the Department of the Interior or Agriculture seeking a license,
certificate, or other authority for a project which involve a right-of-
way over, upon, under, or through public land or National Forest Sys-
tem lands must simultaneously apply to the Secretary concerned for
the appropriate authority to use public lands or National Forest Sys-
tem lands and submit to the Secretary concerned all information fur-
nished to the other Federal department or agency.
TITLE VI-DESIGNATED MANAGEMENT AREAS
CALIFORNIA DESERT CONSERVATION AREA
SEC. 601. (a) The Congress finds that-
(1) the California desert contains historical, scenic, archeologi-
S. 507-41
cal, 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, includ-
ing certain rare and endangered species of wildlife, plants, and
fishes, and numerous archeological and historic sites, are seriously
threatened by air pollution, inadequate Federal management
authority, and pressures of increased use, particularly recreational
use, which are certain to intensify because of the rapidly growing
population of southern California;
(4) the use of all California desert resources can and should be
provided for in a multiple use and sustained yield management
plant to conserve these resources for future generations, and to
provide present and future use and enjoyment, particularly out-
door recreation uses, including the use, where appropriate, of off-
road recreational vehicles;
(5) the Secretary has initiated a comprehensive planning proc-
ess 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 irreplace-
able 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 plan-
ning and management, and additional management authority must
be provided to the Secretary to facilitate effective implementation
of such planning and management.
(b) 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) (1) For the purpose of this section, the term "California desert"
means the area generally depicted on a map entitled "California Desert
Conservation Area-Proposed" dated April 1974, and described as
provided in subsection (c) (2).
(2) As soon as practicable after the date of approval of this Act,
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) The Secretary, in accordance with section 202 of this Act, shall
prepare and implement a comprehensive, long-range plan for the man-
agement, 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, main-
tenance of environmental quality, rights-of-way, and mineral develop-
ment. Such plan shall be completed and implementation thereof
initiated on or before September 30, 1980.
S. 507-42
(e) During the period beginning on the date of approval of this Act
and ending on the effective date of implementation of the comprehen-
sive, 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) 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 min-
ing claims located on public lands within the California Desert Con-
servation 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 pro-
vide for such measures as may be reasonable to protect the scenic,
scientific, and environmental values of the public lands of the Cali-
fornia Desert Conservation Area against undue impairment, and to
assure against pollution of the streams and waters within the Cali-
fornia Desert Conservation Area.
(g) (1) The Secretary, within sixty days after the date of approval
of this Act, shall establish a California Desert Conservation Area
Advisory Committee (hereinafter referred to as "advisory commit-
tee") 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) 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 author-
ized and directed to consult among themselves and take cooperative
actions to carry out the provisions of this subsection, including a pro-
gram of law enforcement in accordance with applicable authorities to
protect the archeological and other values of the California Desert
Conservation Area and adjacent lands.
(i) The Secretary shall report to the Congress no later than two
years after the date of approval of this Act, and annually thereafter,
on the progress in, and any problems concerning, the implementation
of this section, together with any recommendations, which he may
deem necessary, to remedy such problems.
(j) 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.
KING RANGE
SEC. 602. Section 9 of the Act of October 21, 1970 (84 Stat. 1067),
is amended by adding a new subsection (c), as follows:
"(c) In addition to the lands described in subsection (a) of this
section, the land identified as the Punta Gorda Addition and the
Southern Additions on the map entitled 'King Range National Con-
S. 507-43
servation 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.".
BUREAU OF LAND MANAGEMENT WILDERNESS STUDY
SEC. 603. (a) Within fifteen years after the date of approval of
this Act, 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 recommendation
as to the suitability or nonsuitability of each such area or island for
preservation as wilderness: Provided, That prior to any recommenda-
tions for the designation of an area as wilderness the Secretary shall
cause mineral surveys to be conducted by the Geological Survey and
the Bureau of Mines to determine the mineral values, if any, that may
be present in such areas: Provided further, That the Secretary shall
report to the President by July 1, 1980, his recommendations on those
areas which the Secretary has prior to November 1, 1975, formally
identified as natural or primitive areas. The review required by this
subsection shall be conducted in accordance with the procedure speci-
fied in section 3(d) of the Wilderness Act.
(b) The President shall advise the President of the Senate and
the Speaker of the House of Representatives of his recommendations
with respect to designation as wilderness of each such area, together
with a map thereof and a definition of its boundaries. Such advice
by the President shall be given within two years of the receipt of
each report from the Secretary. A recommendation of the President
for designation as wilderness shall become effective only if SO provided
by an Act of Congress.
(c) During the period of review of such areas and until Congress
has determined otherwise, the Secretary shall continue to manage such
lands according to his authority under this Act and other applicable
law in a manner SO as not to impair the suitability of such areas for
preservation as wilderness, subject, however, to the continuation of
existing mining and grazing uses and mineral leasing in the manner
and degree in which the same was being conducted on the date of
approval of this Act: 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 preserva-
tion as wilderness, the provisions of the Wilderness Act 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, and min-
eral development, access, exchange of lands, and ingress and egress
for mining claimants and occupants.
S. 507-44
TITLE VII-EFFECT ON EXISTING RIGHTS; REPEAL OF
EXISTING LAWS; SEVERABILITY
EFFECT ON EXISTING RIGHTS
SEC. 701. (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 specifi-
cally set forth in this Act, existing laws applicable to the various
Federal agencies which are authorized to develop or participate
in the development of water resources or to exercise licensing or
regulatory functions in relation thereto;
(5) as modifying the terms of any interstate compact;
(6) as a limitation upon any State criminal statute or upon the
police power of the respective States, or as derogating the
authority of a local police officer in the performance of his duties,
or as depriving any State or political subdivision thereof of any
right it may have to exercise civil and criminal jurisdiction on the
national resource lands; or as amending, limiting, or infringing
the existing laws providing grants of lands to the States.
(h) All actions by the Secretary concerned under this Act shall be
subject to valid existing rights.
S. 507-45
(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 distribu-
tion of livestock grazing revenues to local governments under the
Granger-Thye Act (64 Stat. 85, 16 U.S.C. 580h), under the Act of
May 23, 1908 (35 Stat. 260, as amended; 16 U.S.C. 500), under the
Act of March 4, 1913 (37 Stat. 843, as amended; 16 U.S.C. 501), and
under the Act of June 20, 1910 (36 Stat. 557).
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:
Statute at
Act of
Chapter
Section
Large
43 U.S. Code
1. Homesteads:
Revised Statute 2289
161, 171.
Mar. 3, 1891
561
5
26: 1097
161, 162.
Revised Statute 2290.
162.
Revised Statute 2295
163.
Revised Statute 2291
164.
June 6, 1912
153
37: 123.
164, 169, 218.
May 14, 1880
89
21: 141
166, 185, 202, 223.
June 6, 1900
821
31: 683
166, 223.
Aug. 9, 1912
280
37:267
Apr. 6, 1914
51
38:312
167.
Mar. 1921
90
41: 1193
Oct. 17, 1914
325
38: 740
168.
Revised Statute 2297
169.
Mar. 31, 1881
153
21: 511
Oct. 22, 1914
335
38:766
170.
Revised Statute 2292
171.
June 8, 1880
136
21:166
172.
Revised Statute 2301
173.
Mar. 3, 1891
561
6.
26: 1098
June 3, 1896
312
2.
29:197
Revised Statute 2288
174.
Mar. 3, 1891
561
3
26: 1097
Mar. 3, 1905
1424
36:991
Revised Statute 2296
175.
Apr. 28, 1922
155
42: 502
May 17, 1900
479
1
31: 179
179.
Jan. 26, 1901
180
31: 740
180.
Sept. 5, 1914
294
38:712
182.
Revised Statute 2300
183.
Aug. 31, 1918
166
8
40: 957
Sept. 13, 1918
173
40:960.
Revised Statute 2302
184,201.
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
2
32: 203
187b.
June 5, 1900
716
31:270
188, 217.
Mar. 3, 1875
131
15
18: 420
189.
July 4, 1884
180
Only last
23: 96
190.
paragraph
of sec. 1.
Mar. 1, 1933
160
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
191.
June 13, 1902
1080
32: 384
203.
Mar. 3, 1879
191
20: 472.
204.
July 1, 1879
60
21: 46.
205.
May 6, 1886
88
24: 22
206.
Aug. 21, 1916
361
39: 518
207.
June 3, 1924
240
43: 357
208.
Revised Statute 2298
211.
Aug. 30, 1890
837
26: 391
212.
S. 507-46
Statute at
Act of
Chapter
Section
Large
43 U.S. Code
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 per-
mitted 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:"
Mar. 3, 1891
561
17
26: 1101
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
1776
33: 527
213.
Aug. 3, 1950
521
64:398
Mar. 2, 1889
381
6
25:854
214.
Feb. 20, 1917
98
39:925
215.
Mar. 4, 1921
162
1
41: 1433
216.
Feb. 19, 1909
160
35:639
218.
June 13, 1912
166
37: 132
Mar. 3, 1915
84
38: 953
Mar. 3, 1915
91
38:957
Mar. 4, 1915
150
2
38: 1163
July 3, 1916
220
39:344
Feb. 11, 1913
39
37:666
218, 219.
June 17, 1910
298
36:531
219.
Mar. 3, 1915
91
38:957
Sept. 5, 1916
440
39:724
Aug. 10, 1917
52
10
40:275
Mar. 4, 1915
150
38: 1162
220.
Mar. 4, 1923
245
1
42: 1445
222.
Apr. 28, 1904
1801
33:547
224,
Mar. 2, 1907
2527
34: 1224
May 29, 1908
220
7
35: 466
Aug. 24, 1912
371
37: 499
Aug. 22, 1914
270
38:704
231.
Feb. 25, 1919
21
40: 1153
July 3, 1916
214
39:341
232.
Sept. 29, 1919
64
41: 288
233.
Apr. 6, 1922
122
42 :491
233, 272, 273.
Mar. 2, 1889
381
3
25:854
234.
Dec. 29, 1894
14
28:599
July 1, 1879
63
1
21: 48
235.
Dec. 20, 1917
6
40: 430
236.
July 24, 1919
126
Next to last
41: 271
237.
paragraph
only.
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.
July 30, 1956
778
1,2,4
70: 715
237f,g,h.
Mar. 1, 1921
102
41: 1202
238.
Apr. 1922
125
42: 492
Revised Statute 2308
239.
June 16, 1898
458
30: 473
240.
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.
Mar. 2, 1889
381
7
25: 855
252.
June 3, 1878
152
20: 91
253.
Revised Statute 2294
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
Revised Statute 2293
255.
Oct. 6, 1917
86
40: 391
Mar. 4, 1913
149
Only last
37: 925
256.
paragraph
of section
headed
"Public
Land
Service."
May 13, 1932
178
47: 153
256a.
June 16, 1933
99
48: 274
June 26, 1935
419
49: 504
June 16, 1937
361
50:303
Aug. 27, 1935
770
49:909
256b.
Sept. 30, 1890
J. Res. 59
26:684
261.
June 16, 1880
244
21: 287
263.
Apr. 18, 1904
25
33: 589
S. 507-47
Statute at
Act of
Chapter
Section
Large
43 U.S. Code
Revised Statute 2304
271.
Mar. 1, 1901
674
31:847
271, 272.
Revised Statute 2305
272.
Feb. 25, 1919
37
40: 1161
272a.
Dec. 28, 1922
19
42: 1067
Revised Statute 2306
274.
Mar. 3, 1893
208
27: 593
275.
The following words only: "And provided further: That where soldier's additional home stead
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 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.
Aug. 18, 1894
301
Only last
28:397
276.
paragraph
of section
headed
"Surveying
the Public
Lands.'
Revised Statute 2309
277.
Revised Statute 2307
278.
Sept. 21, 1922
357
42:990
Sept. 27, 1944
421
58:747
279-283.
June 25, 1946
474
60:308
279.
May 31, 1947
88
61:123
279, 280, 282.
June 18, 1954
306
68:253
279, 282.
June 3, 1948
399
62:305
283, 284.
Dec. 29, 1916
9
1-8
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.
Mar. 4, 1923
245
2
42: 1445
302.
Aug. 21, 1916
361
39:518
1075.
Aug. 28, 1937
876
3
50:875
1181c.
2. Small tracts:
June 1, 1938
317
52:609
682a-e.
June 8, 1954
270
68:239
July 14, 1945
298
59: 467
REPEAL OF LAWS RELATED TO DISPOSAL
SEC. 703. (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:
Statute at
Act of
Chapter
Section
Large
43 U.S. Code
1. Sale and Disposal Laws:
Mar. 3, 1891
561
9
26: 1099
671.
Revised Statute 2354
673.
Revised Statute 2355
674.
May 18, 1898
344
2
30:418
675.
Revised Statute 2365
676.
Revised Statute 2357
678.
June 15, 1880
227
3, 4
21:238
679-680.
Mar. 2, 1889
381
4
25:854
681.
Mar. 1, 1907
2286
34: 1052
682.
Revised Statute 2361
688.
Revised Statute 2362
689.
Revised Statute 2363
690.
Revised Statute 2368
691.
Revised Statute 2366
692.
Revised Statute 2369
693.
Revised Statute 2370
694.
Revised Statute 2371
695.
Revised Statute 2374
696.
Revised Statute 2372
697.
Feb. 24, 1909
181
35:645
May 21, 1926
353
The pro-
44:591
visos only.
Revised Statute 2375
698.
Revised Statute 2376
699.
Mar. 2, 1889
381
1
25:854
700.
S. 507-48
Statute at
Act of
Chapter
Section
Large
43 U.S. Code
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.
Revised Statute 2391
721.
Revised Statute 2392
722.
Revised Statute 2393
723.
Revised Statute 2394
724.
Mar. 3, 1877
113
4
19:392
725-727.
Mar. 3, 1891
561
16
26: 1101
728.
July 9, 1914
138
38:454
730.
Feb. 9, 1903
531
32:820
731.
3. Drainage Under State Laws:
May 20, 1908
181
1-7
35: 171
1021-1027.
Mar. 3, 1919
113
40: 1321
1028.
May 1958
P.L. 85-387
72:99
1029-1034.
Jan. 17, 1920
47
41:392
1041-1048.
4. Abandoned Military Reservation:
July 5, 1884
214
5
23: 104
1074.
Aug. 21, 1916
361
39: 518
1075.
Mar. 3, 1893
208
27: 593
1076.
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.
Aug. 23, 1894
314
23: 491
1077, 1078.
Feb. 11, 1903
543
32: 822
1079.
Feb. 15, 1895
92
28:664
1080, 1077.
Apr. 23, 1904
1496
33: 306
1081.
5. Public Lands; Oklahoma:
May 2, 1890
182
Last para-
26: 90
1091-1094, 1096,
graph of sec.
1097.
18 and secs.
20, 21, 22,
24, 27.
Mar. 3, 1891
543
16
26: 1026
1098.
Aug. 7, 1946
772
2
60:872
1100-1101.
Aug. 3, 1955
498
1- 8.
69: 445
1102-1102g.
May 14, 1890
207
26: 109
1111-1117.
Sept. 1893
J. Res.4
28:11
1118.
May 11, 1896
168
29: 116
1119.
Jan. 18, 1897
62
1-3, 5, 7
29: 490
1131-1134.
June 23, 1897
8
30:105
Mar. 1, 1899
328
30:966
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
14
48: 1274
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
1177.
7. Alaska Special Laws:
Mar. 3, 1891
561
11
26: 1099
732.
May 25, 1926
379
44:629
733-736.
May 29, 1963
P.L. 88-34
77:52
July 24, 1947
305
61:414
738.
Aug. 17, 1961
P.L. 87-147
75:384
270-13.
Oct. 1962
P.L. 87-742
76: 740
July 19, 1963
P.L. 86-66
77:80
687b-5.
May 14, 1898
299
1
30:409
270.
Mar. 3, 1903
1002
32: 1028
Apr. 29, 1950
137
1
64:94
Aug. 3, 1955
496
69: 444
270, 687a-2.
Apr. 29, 1950
137
2-5
64:95
270-5, 260-6,
270-7, 687a-1.
July 11, 1956
571
2
70:529
270-7.
July 8, 1916
228
39:352
270-8, 270-9.
June 28, 1918
110
40:632
270-10, 270-14.
July 11, 1956
571
1
70:528
8. Alaska Settlement Laws:
Mar. 8, 1922
96
1
42: 415
270-11.
Aug. 23, 1958
P.L. 85-725
1,
4
72:730
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.
S. 507-49
Statute at
Act of
Chapter
Section
Large
43 U.S. Code
Mar. 3, 1927
323
44: 1364
May 26, 1934
357
48:809
Aug. 23, 1958
P.L. 85-725
3
72: 730
Mar. 3, 1891
561
13
26: 1100
687a-6.
Aug. 30, 1949
521
63:679
687b to 687b-4.
9. Pittman Underground Water Act:
Sept. 22, 1922
400
42: 1012
356.
(c) 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 appli-
cable 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 pat-
ented 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 him as security for the pay-
ment 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 ascer-
tain 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 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.), is amended to read
"Notwithstanding the provisions of any Act of Congress to the
contrary, any person who prospects for, mines, or removes any min-
erals 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.".
S. 507-50
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. Mid-
west Oil Co., 236 U.S. 459) and the following statutes and parts of
statutes are repealed:
Statute at
Act of
Chapter
Section
Large
43 U.S. Code
Oct. 2, 1888.
1069
25:527
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.
Only the fifth proviso of the first paragraph.
June 17, 1902
1093
3
32: 388
416.
Only that portion of section three preceding the first proviso.
Apr. 16, 1906
1631
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
4
34: 520
561.
Only the words "withdraw and".
Mar. 15, 1910
96
36:237
643.
June 25, 1910
421
1,2
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
569(a).
June 9, 1916.
137
2
39:219
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.
Only the proviso thereof.
May 24, 1928
729
4
45:729
49 U.S.C. 214.
Dec. 21, 1928
42
9
45: 1063
617h.
Mar. 6, 1946
58
69:36
617h.
First sentence only.
June 16, 1934
557
"Sec. 40(a)'
48:977
30 U.S.C. 229a.
The proviso only.
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.
All except the second proviso.
Apr. 11, 1956
203
8.
70:110.
620g.
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
10
U.S.C.
4472,
9772.
Aug. 16, 1952
P.L. 87-590
4.
76: 389
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)), is amended by deleting "Thereafter, at the direc-
tion 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))".
REPEAL OF LAW RELATING TO ADMINISTRATION OF PUBLIC LANDS
SEC. 705. (a) Effective on and after the date of approval of this
Act, the following statutes or parts of statutes are repealed:
S. 507-51
Statute at
Act of
Chapter
Section
Large
43 U.S. Code
1. Mar. 2, 1895
174
28: 744
176.
2. June 28, 1934
865
8
48: 1272
315g.
June 26, 1936
842
3.
49: 1976, title I.
June 19, 1948
548
1
62: 533
July 9, 1962
P.L. 87-524
76: 140
315g-1.
3. Aug. 24, 1937
744
50: 748
315p.
4. Mar. 3, 1909
271
2d provise
35: 845
772.
only.
June 25, 1910
J. Res. 40
36: 884
5. June 21, 1934
689
48: 1185
871a.
6. Revised Statute 2447
1151.
Revised Statute 2448
1152.
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
P.L. 86-649
101-202(a),
74: 506
1361, 1362, 1363-
203-204(a),
1383.
301-303.
12. Sept. 26, 1970
P.L. 91-429
84: 885
1362a.
13. July 31, 1939
401
1,2.
53: 1144.
REPEAL OF LAWS RELATING TO RIGHTS-OF-WAY
SEC. 706. (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 fol-
lowing 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:
Statute at
Act of
Chapter
Section
Large
43 U.S. Code
Revised Statutes 2339
661.
The following words only: "and the right-of-way for the construction of ditches and canals for the pur-
pose 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 com-
mitting such injury or damages shall be liable to the party injured for such injury or damage.
Revised Statutes 2340.
661.
The following words only: ", or rights to ditches and reservoirs used in connection with such water
rights,
Feb. 26, 1897
335
29: 599
664.
Mar. 3, 1899_
427
1
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 his judgment the public interests will not be
injuriously affected thereby.
=
Mar. 3, 1875
152
18: 482
934-939.
May 14, 1898
299
2-9
30: 409
942-1 to 942-9.
Feb. 27, 1901
614
31: 815
943.
June 26, 1906
3548,
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
951, 956, 957.
May 14, 1896
179
29: 120
May 11, 1898
292
30: 404
Mar. 4, 1917
184
2
39: 1197
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).
Only the last two paragraphs under the subheading "Improvement of the National Forests" under the
healing Forest Service.
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.
1
30: 35
16 U.S.C. 551.
Only the eleventh paragraph under Surveying the public lands.
July 22, 1937
517
31, 32.
50:525
7 U.S.C. 1010-
1012.
Sept. 3, 1954
1255
1
68: 1146
931c.
July 1960
Public Law
74: 363
40 U.S.C. 345c.
86-608.
Oct. 23, 1962
Public Law
1-3
76: 1129
40 U.S.C. 319-
87-852.
319c.
Feb. 1, 1905.
288
4.
33:628
16 U.S.C. 524.
S. 507-52
(b) Nothing in section 706(a), except as it pertains to rights-of-way,
may be construed as affecting the authority of the Secretary of Agri-
culture 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).
SEVERABILITY
SEC. 707. 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.