PART IV-PUBLIC LANDS 31. FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 [As amended through December 31, 1996, P.L. 104–333] 31. FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 (Public Law 94–579; Approved October 21, 1976; 16 U.S.C. 1701 through 1782) 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. 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. 707. Severability. TITLE I-SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS SHORT TITLE SEC. 101. [43 U.S.C. 1701 note] This Act may be cited as the “Federal Land Policy and Management Act of 1976". DECLARATION OF POLICY SEC. 102. [43 U.S.C. 1701] (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 planning 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 withdraw 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 and exercising discretionary 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 provided by law; (7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis 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, environmental, 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, acquisition of non-Federal land or 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 supplemental to and not in derogation of the purposes for which public lands are administered under other provisions of law. DEFINITIONS SEC. 103. [43 U.S.C. 1702] Without altering in any way the |