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43 U.S.C. § 1733 — Enforcement authority

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1733 — Enforcement authority

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Stable record: federal_law:legal_authorities:record_usc_a55fb93069e8d7bb8d99fa3e
Source file: Laws/federal/codes/united-states-code/title-43/section-1733-enforcement-authority--c087dbd625.md
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Source location: Title 43, Chapter 35, § 1733; chapter-035-federal-land-policy-and-management.md

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**(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 feasible reliance upon local law enforcement officials in enforcing such laws and regulations. The Secretary 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 committing 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 Federal law. The Secretary shall provide such law enforcement training as he deems necessary in order to carry out the contracted for responsibilities. 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 personnel shall receive the training and have the responsibilities and authority provided for in paragraph (1) of this subsection. **(d) Cooperation with regulatory and law enforcement officials of any State or political subdivision in enforcement of laws or ordinances** 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 administration and regulation of use and occupancy of the public lands. **(e) Uniformed desert ranger force in California Desert Conservation Area; establishment; enforcement of Federal laws and regulations** Nothing in this section shall prevent the Secretary from promptly establishing a uniformed desert ranger force in the California Desert Conservation Area established pursuant to [section 1781 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1781&num=0&edition=prelim) 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) Applicability of other Federal enforcement provisions** Nothing in this Act shall be construed as reducing or limiting the enforcement authority vested in the Secretary by any other statute. **(g) Unlawful activities** The use, occupancy, or development of any portion of the public lands contrary to any regulation of the Secretary or other responsible authority, or contrary to any order issued pursuant to any such regulation, is unlawful and prohibited.

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Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 22 — Lands open to purchase by citizens

Except as otherwise provided, all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.

Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 22

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1732 — Management of use, occupancy, and development of public lands

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1732

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 631 — Appointment and tenure

**(a)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts. **(b)** No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless: (1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 631

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1781 — California Desert Conservation Area

**(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

18 U.S.C. § 3401 — Misdemeanors; application of probation laws

**(a)** When specially designated to exercise such jurisdiction by the district court or courts he serves, any United States magistrate judge shall have jurisdiction to try persons accused of, and sentence persons convicted of, misdemeanors committed within that judicial district. **(b)** Any person charged with a misdemeanor, other than a petty offense may elect, however, to be tried before a district judge for the district in which the offense was committed. The magistrate judge shall carefully explain to the defendant that he has a right to trial, judgment, and sentencing by a district judge and that he may have a right to trial by jury before a district judge or magistrate judge. The magistrate judge may not proceed to try the case unless the defendant, after such explanation, expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a district judge. Any such consent and waiver shall be made in writing or orally on the record. **(c)** A magistrate judge who exercises trial jurisdiction under this section, and before whom a person is convicted or pleads either guilty or nolo contendere, may, with the approval of a judge of the district court, direct the probation service of the court to conduct a presentence investigation on that person and render a report to the magistrate judge prior to the imposition of sentence. **(d)** The probation laws shall be applicable to persons tried by a magistrate judge under this section, and such officer shall have power to grant probation and to revoke, modify, or reinstate the probation of any person granted probation by a magistrate judge. **(e)** Proceedings before United States magistrate judges under this section shall be taken down by a court reporte

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3401

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1733 — Enforcement authority

Page 546 TITLE 43—PUBLIC LANDS § 1733 ‘‘(3) the Plant Materials Centers of the Natural Re- sources Conservation Service. ‘‘(e) TERMINATION OF AUTHORITY.—The authority to carry out the pilot program under subsection (b) termi- nates on the date that is 5 years after the date on which the pilot program is established under that sub- section. ‘‘(f) REPORT.—Not later than 1 year after the date on which the authority to carry out the pilot program ter- minates under subsection (e), the Secretary shall sub- mit to Congress a report describing— ‘‘(1) the results of the pilot program carried out under subsection (b); and ‘‘(2) the cost-effectiveness of using native plants in units of the National Park System and public land administered by the Bureau of Land Management.’’ 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. Executive Documents TRANSFER OF FUNCTIONS 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 nat- ural gas transferred to Federal Inspector, Office of Fed- eral Inspector for the Alaska Natural Gas Transpor- tation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation Sys- tem, see Reorg. Plan No. 1 of 1979, §§ 102(e), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, ef

Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 1733

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