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43 U.S.C. § 1732 — Management of use, occupancy, and development of public lands
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1767&num=0&edition=prelim), withdrawals under [section 1714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1714&num=0&edition=prelim), and, where the proposed use and development are simila
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Stable record: federal_law:legal_authorities:record_usc_4148a825510f33c737ca5b3f
Source file: Laws/federal/codes/united-states-code/title-43/section-1732-management-of-use-occupancy-and-development-of-public-lands--77830680a5.md
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Passage SHA-256: bbe13728cd474fd4fa23b18f499f2ec69502ee67d3532207cf490f405d0ccbe3
Source location: Title 43, Chapter 35, § 1732; chapter-035-federal-land-policy-and-management.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1767&num=0&edition=prelim), withdrawals under [section 1714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1714&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1737/b&num=0&edition=prelim): 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1781&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712/f&num=0&edition=prelim), [section 3120 of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3120&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3102&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary concerned may provide under applicable provisions of this subchapter 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1767
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authorization and limitation; delegation of authority** On and after the effective date of this Act the Secretary 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 individuals in the Office of the Secretary who have been appointed by the President, by and with the advice and consent of the Senate.
**(b) Application and procedures applicable subsequent to submission of application**
(1) Within thirty days of receipt of an application for withdrawal, 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 Secretary, 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) Congressional approval procedures applicable to withdrawals aggregating five thousand acres or more**
(1) On and after October 21, 1976, 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1714
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Factors considered; requirements** In determining whether to withdraw, reserve, lease, or otherwise permit the use, occupancy, or disposition of public lands under any provision of law authorizing such actions, the head of the Federal agency having primary jurisdiction over such lands or his designee shall evaluate the effect of such use, occupancy, or disposition on subsistence uses and needs, the availability of other lands for the purposes sought to be achieved, and other alternatives which would reduce or eliminate the use, occupancy, or disposition of public lands needed for subsistence purposes. No such withdrawal, reservation, lease, permit, or other use, occupancy or disposition of such lands which would significantly restrict subsistence uses shall be effected until the head of such Federal agency—
(1) gives notice to the appropriate State agency and the appropriate local committees and regional councils established pursuant to [section 3115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3115&num=0&edition=prelim);
(2) gives notice of, and holds, a hearing in the vicinity of the area involved; and
(3) determines that (A) such a significant restriction of subsistence uses is necessary, consistent with sound management principles for the utilization of the public lands, (B) the proposed activity will involve the minimal amount of public lands necessary to accomplish the purposes of such use, occupancy, or other disposition, and (C) reasonable steps will be taken to minimize adverse impacts upon subsistence uses and resources resulting from such actions.
**(b) Environmental impact statement** If the Secretary is required to prepare an environmental impact statement pursuant to [section 4332(2)(C) of title 42](h
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3120
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Federal law — U.S. Code and appendices · legal_authorities
As used in this Act (except that in titles IX and XIV the following terms shall have the same meaning as they have in the Alaska Native Claims Settlement Act [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.], and the Alaska Statehood Act)—
(1) The term “land” means lands, waters, and interests therein.
(2) The term “Federal land” means lands the title to which is in the United States after December 2, 1980.
(3) The term “public lands” means land situated in Alaska which, after December 2, 1980, are Federal lands, except—
(A) land selections of the State of Alaska which have been tentatively approved or validly selected under the Alaska Statehood Act and lands which have been confirmed to, validly selected by, or granted to the Territory of Alaska or the State under any other provision of Federal law;
(B) land selections of a Native Corporation made under the Alaska Native Claims Settlement Act [[43 U.S.C. 1601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1601&num=0&edition=prelim) et seq.] which have not been conveyed to a Native Corporation, unless any such selection is determined to be invalid or is relinquished; and
(C) lands referred to in section 19(b) of the Alaska Native Claims Settlement Act [[43 U.S.C. 1618(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1618/b&num=0&edition=prelim)].
(4) The term “conservation system unit” means any unit in Alaska of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers Systems, National Trails System, National Wilderness Preservation System, or a National Forest Monument including existing units, units established, designated, or expan
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 3102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Development, maintenance, and revision by Secretary** The Secretary shall, with public involvement and consistent with the terms and conditions of this Act, develop, maintain, 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 otherwise designated for one or more uses.
**(b) Coordination of plans for National Forest System lands with Indian land use planning and management programs for purposes of development and revision** In the development and revision of land use plans, the Secretary 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, considering the policies of approved tribal land resource management programs.
**(c) Criteria for development and revision** In the development and revision of land use plans, the Secretary 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 lo
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1712
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional findings** The Congress finds that—
(1) the California desert contains historical, scenic, archeological, 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, including 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 11 So in original. Probably should be “plan”. to conserve these resources for future generations, and to provide present and future use and enjoyment, particularly outdoor recreation uses, including the use, where appropriate, of off-road recreational vehicles;
(5) the Secretary has initiated a comprehensive planning process 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 irreplaceable 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 planning and management, and additional management authority must be provided to
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1781
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Dateline for decision; transmission to Congress, delay: notice to Congress; contents of decision; chairman, appointment; Federal inspector of construction: duties, including establishment of joint surveillance and monitoring agreement**
(1) As soon as practicable after July 1, 1977, but not later than September 1, 1977, the President shall issue a decision as to whether a transportation system for delivery of Alaska natural gas should be approved under this chapter. If he determines such a system should be so approved, his decision shall designate such a system for approval pursuant to [section 719f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719f&num=0&edition=prelim) and shall be consistent with [section 719c(b)(1)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/b/1/C&num=0&edition=prelim) to assure delivery of Alaska natural gas to points both east and west of the Rocky Mountains in the continental United States. The President in making his decision shall take into consideration the Commission’s recommendation pursuant to [section 719c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c&num=0&edition=prelim), the report under [section 719c(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719c/c&num=0&edition=prelim), and any comments submitted under [section 719d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section719d&num=0&edition=prelim); and his decision to designate a system for approval shall be based on his determination as to which system, if any, best serves the national interest.
(2) The President, for a period of up to 90 addi
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 719e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations for implementation of management, use, and protection requirements; violations; criminal penalties** 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 judge designated for 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3401&num=0&edition=prelim).
**(b) Civil actions by Attorney General for violations of regulations; nature of relief; jurisdiction** At the request of the Secretary, the Attorney General may institute a civil action in any United States district court for an injunction or other appropriate order to prevent any person from utilizing public lands in violation of regulations issued by the Secretary under this Act.
**(c) Contracts for enforcement of Federal laws and regulations by local law enforcement officials; procedure applicable; contract requirements and implementation**
(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 fe
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1733
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Federal law — U.S. Code and appendices · legal_authorities
Page 544
TITLE 43—PUBLIC LANDS
§ 1732
Reorganization Plan Numbered 3 of 1950, referred to
in subsec. (b), is set out under section 1451 of this title.
The General Schedule, referred to in subsec. (c), is set
out under section 5332 of Title 5.
Statutory Notes and Related Subsidiaries
USE OF APPROPRIATED FUNDS FOR PROTECTION OF
LANDS AND SURVEYS OF FEDERAL LANDS IN ALASKA
Pub. L. 102–381, title I, Oct. 5, 1992, 106 Stat. 1378, pro-
vided in part: ‘‘That appropriations herein [Department
of the Interior and Related Agencies Appropriations
Act, 1993] made, in fiscal year 1993 and thereafter, may
be expended for surveys of Federal lands and on a reim-
bursable basis for surveys of Federal lands and for pro-
tection of lands for the State of Alaska’’.
§ 1732. Management of use, occupancy, and devel-
opment of public lands
(a) Multiple use and sustained yield require-
ments applicable; exception
The Secretary shall manage the public lands
under principles of multiple use and sustained
yield, in accordance with the land use plans de-
veloped 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 develop-
ment of small trade or manufacturing con-
cerns; 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, occupa
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1732
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.