CITE

    43 USC Sec. 1732                                            01/08/2008

EXPCITE

    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

HEAD

    Sec. 1732. Management of use, occupancy, and development of public
      lands

STATUTE

    (a) Multiple use and sustained yield requirements applicable;
      exception
      The Secretary shall manage the public lands under principles of
    multiple use and sustained yield, in accordance with the land use
    plans developed by him under section 1712 of this title when they
    are available, except that where a tract of such public land has
    been dedicated to specific uses according to any other provisions
    of law it shall be managed in accordance with such law.
    (b) Easements, permits, etc., for utilization through habitation,
      cultivation, and development of small trade or manufacturing
      concerns; applicable statutory requirements
      In managing the public lands, the Secretary shall, subject to
    this Act and other applicable law and under such terms and
    conditions as are consistent with such law, regulate, through
    easements, permits, leases, licenses, published rules, or other
    instruments as the Secretary deems appropriate, the use, occupancy,
    and development of the public lands, including, but not limited to,
    long-term leases to permit individuals to utilize public lands for
    habitation, cultivation, and the development of small trade or
    manufacturing concerns: Provided, That unless otherwise provided
    for by law, the Secretary may permit Federal departments and
    agencies to use, occupy, and develop public lands only through
    rights-of-way under section 1767 of this title, withdrawals under
    section 1714 of this title, and, where the proposed use and
    development are similar or closely related to the programs of the
    Secretary for the public lands involved, cooperative agreements
    under section 1737(b) of this title: Provided further, That nothing
    in this Act shall be construed as authorizing the Secretary
    concerned to require Federal permits to hunt and fish on public
    lands or on lands in the National Forest System and adjacent waters
    or as enlarging or diminishing the responsibility and authority of
    the States for management of fish and resident wildlife. However,
    the Secretary concerned may designate areas of public land and of
    lands in the National Forest System where, and establish periods
    when, no hunting or fishing will be permitted for reasons of public
    safety, administration, or compliance with provisions of applicable
    law. Except in emergencies, any regulations of the Secretary
    concerned relating to hunting and fishing pursuant to this section
    shall be put into effect only after consultation with the
    appropriate State fish and game department. Nothing in this Act
    shall modify or change any provision of Federal law relating to
    migratory birds or to endangered or threatened species. Except as
    provided in section 1744, section 1782, and subsection (f) of
    section 1781 of this title and in the last sentence of this
    paragraph, no provision of this section or any other section of
    this Act shall in any way amend the Mining Law of 1872 or impair
    the rights of any locators or claims under that Act, including, but
    not limited to, rights of ingress and egress. In managing the
    public lands the Secretary shall, by regulation or otherwise, take
    any action necessary to prevent unnecessary or undue degradation of
    the lands.
    (c) Revocation or suspension provision in instrument authorizing
      use, occupancy or development; violation of provision; procedure
      applicable
      The Secretary shall insert in any instrument providing for the
    use, occupancy, or development of the public lands a provision
    authorizing revocation or suspension, after notice and hearing, of
    such instrument upon a final administrative finding of a violation
    of any term or condition of the instrument, including, but not
    limited to, terms and conditions requiring compliance with
    regulations under Acts applicable to the public lands and
    compliance with applicable State or Federal air or water quality
    standard or implementation plan: Provided, That such violation
    occurred on public lands covered by such instrument and occurred in
    connection with the exercise of rights and privileges granted by
    it: Provided further, That the Secretary shall terminate any such
    suspension no later than the date upon which he determines the
    cause of said violation has been rectified: Provided further, That
    the Secretary may order an immediate temporary suspension prior to
    a hearing or final administrative finding if he determines that
    such a suspension is necessary to protect health or safety or the
    environment: Provided further, That, where other applicable law
    contains specific provisions for suspension, revocation, or
    cancellation of a permit, license, or other authorization to use,
    occupy, or develop the public lands, the specific provisions of
    such law shall prevail.
    (d) Authorization to utilize certain public lands in Alaska for
      military purposes
      (1) The Secretary of the Interior, after consultation with the
    Governor of Alaska, may issue to the Secretary of Defense or to the
    Secretary of a military department within the Department of Defense
    or to the Commandant of the Coast Guard a nonrenewable general
    authorization to utilize public lands in Alaska (other than within
    a conservation system unit or the Steese National Conservation Area
    or the White Mountains National Recreation Area) for purposes of
    military maneuvering, military training, or equipment testing not
    involving artillery firing, aerial or other gunnery, or other use
    of live ammunition or ordnance.
      (2) Use of public lands pursuant to a general authorization under
    this subsection shall be limited to areas where such use would not
    be inconsistent with the plans prepared pursuant to section 1712 of
    this title. Each such use shall be subject to a requirement that
    the using department shall be responsible for any necessary cleanup
    and decontamination of the lands used, and to such other terms and
    conditions (including but not limited to restrictions on use of off-
    road or all-terrain vehicles) as the Secretary of the Interior may
    require to -
        (A) minimize adverse impacts on the natural, environmental,
      scientific, cultural, and other resources and values (including
      fish and wildlife habitat) of the public lands involved; and
        (B) minimize the period and method of such use and the
      interference with or restrictions on other uses of the public
      lands involved.
      (3)(A) A general authorization issued pursuant to this subsection
    shall not be for a term of more than three years and shall be
    revoked in whole or in part, as the Secretary of the Interior finds
    necessary, prior to the end of such term upon a determination by
    the Secretary of the Interior that there has been a failure to
    comply with its terms and conditions or that activities pursuant to
    such an authorization have had or might have a significant adverse
    impact on the resources or values of the affected lands.
      (B) Each specific use of a particular area of public lands
    pursuant to a general authorization under this subsection shall be
    subject to specific authorization by the Secretary and to
    appropriate terms and conditions, including such as are described
    in paragraph (2) of this subsection.
      (4) Issuance of a general authorization pursuant to this
    subsection shall be subject to the provisions of section 1712(f) of
    this title, section 3120 of title 16, and all other applicable
    provisions of law. The Secretary of a military department (or the
    Commandant of the Coast Guard) requesting such authorization shall
    reimburse the Secretary of the Interior for the costs of
    implementing this paragraph. An authorization pursuant to this
    subsection shall not authorize the construction of permanent
    structures or facilities on the public lands.
      (5) To the extent that public safety may require closure to
    public use of any portion of the public lands covered by an
    authorization issued pursuant to this subsection, the Secretary of
    the military Department concerned or the Commandant of the Coast
    Guard shall take appropriate steps to notify the public concerning
    such closure and to provide appropriate warnings of risks to public
    safety.
      (6) For purposes of this subsection, the term "conservation
    system unit" has the same meaning as specified in section 3102 of
    title 16.

SOURCE

    (Pub. L. 94-579, title III, Sec. 302, Oct. 21, 1976, 90 Stat. 2762;
    Pub. L. 100-586, Nov. 3, 1988, 102 Stat. 2980.)

REFERENCES IN TEXT

      This Act, referred to in subsec. (b), is Pub. L. 94-579, Oct. 21,
    1976, 90 Stat. 2743, as amended, known as the Federal Land Policy
    and Management Act of 1976. For complete classification of this Act
    to the Code, see Tables.
      The Mining Law of 1872, referred to in subsec. (b), is act May
    10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the
    Revised Statutes of 1878 as R.S. Secs. 2319 to 2328, 2331, 2333 to
    2337, and 2344, which are classified to sections 22 to 24, 26 to
    28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral
    Lands and Mining. For complete classification of such Revised
    Statutes sections to the Code, see Tables.

AMENDMENTS

      1988 - Subsec. (d). Pub. L. 100-586 added subsec. (d).

TRANSFER OF FUNCTIONS

      For transfer of authorities, functions, personnel, and assets of
    the Coast Guard, including the authorities and functions of the
    Secretary of Transportation relating thereto, to the Department of
    Homeland Security, and for treatment of related references, see
    sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      Enforcement functions of Secretary or other official in
    Department of the Interior related to compliance with land use
    permits for temporary use of public lands and other associated land
    uses, issued under sections 1732, 1761, and 1763 to 1771 of this
    title, with respect to pre-construction, construction, and initial
    operation of transportation systems for Canadian and Alaskan
    natural gas transferred to Federal Inspector, Office of Federal
    Inspector for the Alaska Natural Gas Transportation System, until
    first anniversary of date of initial operation of Alaska Natural
    Gas Transportation System, see Reorg. Plan No. 1 of 1979, Secs.
    102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376,
    effective July 1, 1979, set out in the Appendix to Title 5,
    Government Organization and Employees. Office of Federal Inspector
    for the Alaska Natural Gas Transportation System abolished and
    functions and authority vested in Inspector transferred to
    Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out
    as an Abolition of Office of Federal Inspector note under section
    719e of Title 15, Commerce and Trade. Functions and authority
    vested in Secretary of Energy subsequently transferred to Federal
    Coordinator for Alaska Natural Gas Transportation Projects by
    section 720d(f) of Title 15.

MANAGEMENT GUIDELINES TO PREVENT WASTING OF PACIFIC YEW

      For Congressional findings relating to management guidelines to
    prevent wasting of Pacific yew in current and future timber sales
    on Federal lands, see section 4801(a)(8) of Title 16, Conservation.