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43 U.S.C. § 1712 — Land use plans

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

43 U.S.C. § 1712 — Land use plans

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Stable record: federal_law:legal_authorities:record_usc_bdea0fc987a019c2edbe02f9
Source file: Laws/federal/codes/united-states-code/title-43/section-1712-land-use-plans--60b70e51bf.md
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Source location: Title 43, Chapter 35, § 1712; chapter-035-federal-land-policy-and-management.md

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**(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use plans shall be developed for the public lands regardless of whether such lands previously have been classified, withdrawn, set aside, or otherwise designated for one or more uses.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 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 pollution standards or implementation plans; and (9) to the extent consistent with the laws governing the administration 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 Federal departments and agencies and of the States and local governments within which the lands are located, including, but not limited to, the statewide outdoor recreation plans developed under chapter 2003 of title 54, and of or for Indian tribes by, among other things, considering the policies of approved State and tribal land resource management 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 development 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) Review and inclusion of classified public lands; review of existing land use plans; modification and termination of classifications** Any classification of public lands or any land use plan in effect on October 21, 1976, 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) Management decisions for implementation of developed or revised plans** The Secretary may issue management decisions to implement 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 reconsideration, 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 management 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 concurrent 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 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 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 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 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 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) Withdrawals made pursuant to [section 1714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1714&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section21&num=0&edition=prelim) et seq.) or transferred to another department, bureau, or agency only by withdrawal action pursuant to [section 1714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1714&num=0&edition=prelim) or other action pursuant to applicable law: Provided, That nothing in this section shall prevent a wholly owned Government corporation from acquiring and holding rights as a citizen under the Mining Law of 1872. **(f) Procedures applicable to formulation of plans and programs for public land management** The Secretary shall allow an opportunity for public involvement and by regulation shall establish procedures, including public hearings where appropriate, to give Federal, State, and local governments and the public, adequate notice and opportunity to comment upon and participate in the formulation of plans and programs relating to the management of the public lands.

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

43 U.S.C. § 1714 — Withdrawals of lands

**(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

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

30 U.S.C. § 21 — Mineral lands reserved

In all cases lands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law.

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16 U.S.C. § 1333 — Powers and duties of Secretary

**(a) Jurisdiction; management; ranges; ecological balance objectives; scientific recommendations; forage allocation adjustments** All wild free-roaming horses and burros are hereby declared to be under the jurisdiction of the Secretary for the purpose of management and protection in accordance with the provisions of this chapter. The Secretary is authorized and directed to protect and manage wild free-roaming horses and burros as components of the public lands, and he may designate and maintain specific ranges on public lands as sanctuaries for their protection and preservation, where the Secretary after consultation with the wildlife agency of the State wherein any such range is proposed and with the Advisory Board established in [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1337&num=0&edition=prelim) deems such action desirable. The Secretary shall manage wild free-roaming horses and burros in a manner that is designed to achieve and maintain a thriving natural ecological balance on the public lands. He shall consider the recommendations of qualified scientists in the field of biology and ecology, some of whom shall be independent of both Federal and State agencies and may include members of the Advisory Board established in [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1337&num=0&edition=prelim). All management activities shall be at the minimal feasible level and shall be carried out in consultation with the wildlife agency of the State wherein such lands are located in order to protect the natural ecological balance of all wildlife species which inhabit such lands, particularly endangered wildlife species. Any adjustments in forage allocations on a

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

16 U.S.C. § 406d–1 — Establishment; boundaries; administration

For the purpose of including in one national park, for public benefit and enjoyment, the lands within the present Grand Teton National Park and a portion of the lands within the Jackson Hole National Monument, there is established a new “Grand Teton National Park”. The park shall comprise, subject to valid existing rights, all of the present Grand Teton National Park and all lands of the Jackson Hole National Monument that are not otherwise expressly provided for in this Act, and an order setting forth the boundaries of the park shall be prepared by the Secretary of the Interior and published in the Federal Register. The national park so established shall, so far as consistent with the provisions of this Act, be administered in accordance with the general statutes governing national parks, and shall supersede the present Grand Teton National Park and the Jackson Hole National Monument.

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

16 U.S.C. § 460rrr–4 — Management plan

**(a) In general** Not later than 4 years after October 12, 2006, the Secretary and the Commission, in coordination with appropriate agencies in the State of Colorado, political subdivisions of the State, and private landowners in the Natural Area, shall prepare management plans for the Natural Area as provided in subsection (b). **(b) Duties of Secretary and Commission** (1) **Secretary** — The Secretary shall prepare a management plan relating to the management of Federal land in the Natural Area. (2) **Commission** (A) *In general* — The Commission shall prepare a management plan relating to the management of the non-Federal land in the Natural Area. (B) *Approval or disapproval* (i) *In general* — The Commission shall submit to the Secretary the management plan prepared under subparagraph (A) for approval or disapproval. (ii) *Action following disapproval* — If the Secretary disapproves the management plan submitted under clause (i), the Secretary shall— (I) notify the Commission of the reasons for the disapproval; and (II) allow the Commission to submit to the Secretary revisions to the management plan submitted under clause (i). (3) **Cooperation** — The Secretary and the Commission shall cooperate to ensure that the management plans relating to the management of Federal land and non-Federal land are consistent. **(c) Requirements** The management plans shall— (1) take into consideration Federal, State, and local plans in existence on October 12, 2006, to present a unified preservation, restoration, and conservation plan for the Natural Area; (2) with respect to Federal land in the Natural Area— (A) be developed in accordance with [section 1712 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43

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

16 U.S.C. § 482b — Mount Hood National Forest; mining rights

On and after May 11, 1934, mining locations made under the United States mining laws upon lands within the Mount Hood National Forest in the State of Oregon shall confer on the locator the right to occupy and use so much of the surface of the land covered by the location as may be reasonably necessary to carry on prospecting and mining, including the taking of mineral deposits and timber required by or in the mining operations, and no permit shall be required or charge made for such use or occupancy: Provided, however, That the cutting and removal of timber, except where clearing is necessary in connection with mining operations or to provide space for buildings or structures used in connection with mining operations, shall be conducted in accordance with the rules for timber cutting on adjoining national-forest land, and no use of the surface of the claim or the resources therefrom not reasonably required for carrying on mining or prospecting shall be allowed except under the national-forest rules and regulations, nor shall the locator prevent or obstruct other occupancy of the surface or use of surface resources under authority of national-forest regulations, or permits issued thereunder, if such occupancy or use is not in conflict with mineral development.

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

16 U.S.C. § 539q — Hermosa Creek watershed protection

**(a) Definitions** In this section: (1) **City** — The term “City” means the city of Durango, Colorado. (2) **County** — The term “County” means La Plata County, Colorado. (3) **Secretary** — The term “Secretary” means the Secretary of Agriculture. (4) **Special Management Area** — The term “Special Management Area” means the Hermosa Creek Special Management Area designated by subsection (b)(1). (5) **State** — The term “State” means the State of Colorado. **(b) Designation of Hermosa Creek Special Management Area** (1) **Designation** — Subject to valid existing rights, certain Federal land in the San Juan National Forest comprising approximately 70,650 acres, as generally depicted on the map entitled “Proposed Hermosa Creek Special Management Area and Proposed Hermosa Creek Wilderness Area” and dated November 12, 2014, is designated as the “Hermosa Creek Special Management Area”. (2) **Purpose** — The purpose of the Special Management Area is to conserve and protect for the benefit of present and future generations the watershed, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources of the Special Management Area. (3) **Administration** (A) *In general* — The Secretary shall administer the Special Management Area— (i) in a manner that conserves, protects, and manages the resources of the Special Management Area described in paragraph (2); and (ii) in accordance with— (I) the National Forest Management Act of 1976 ([16 U.S.C. 1600](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1600&num=0&edition=prelim) et seq.); (II) this Act; and (III) any other applicable laws. (B) *Uses* (i) *In general* — The Secretary shall allow o

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

16 U.S.C. § 539r — Rocky Mountain Front Conservation Management Area and wilderness additions

**(a) Definitions** In this section: (1) **Conservation Management Area** — The term “Conservation Management Area” means the Rocky Mountain Front Conservation Management Area established by subsection (b)(1)(A). (2) **Decommission** — The term “decommission” means— (A) to reestablish vegetation on a road; and (B) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism. (3) **District** — The term “district” means the Rocky Mountain Ranger District of the Lewis and Clark National Forest. (4) **Map** — The term “map” means the map entitled “Rocky Mountain Front Heritage Act” and dated October 27, 2011. (5) **Nonmotorized recreation trail** — The term “nonmotorized recreation trail” means a trail designed for hiking, bicycling, or equestrian use. (6) **Secretary** — The term “Secretary” means— (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (7) **State** — The term “State” means the State of Montana. **(b) Rocky Mountain Front Conservation Management Area** (1) **Establishment** (A) *In general* — Subject to valid existing rights, there is established the Rocky Mountain Front Conservation Management Area in the State. (B) *Area included* — The Conservation Management Area shall consist of approximately 195,073 acres of Federal land managed by the Forest Service and 13,087 acres of Federal land managed by the Bureau of Land Management in the State, as generally depicted on the map. (C) *Incorporation of acquired land and interests

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16 U.S.C. § 6513 — Definitions

In this subchapter: (1) **At-risk community** — The term “at-risk community” means an area— (A) that is comprised of— (i) an interface community as defined in the notice entitled “Wildland Urban Interface Communities Within the Vicinity of Federal Lands That Are at High Risk From Wildfire” issued by the Secretary of Agriculture and the Secretary of the Interior in accordance with title IV of the Department of the Interior and Related Agencies Appropriations Act, 2001 (114 Stat. 1009) (66 Fed. Reg. 753, January 4, 2001); or (ii) a group of homes and other structures with basic infrastructure and services (such as utilities and collectively maintained transportation routes) within or adjacent to Federal land; (B) in which conditions are conducive to a large-scale wildland fire disturbance event; and (C) for which a significant threat to human life or property exists as a result of a wildland fire disturbance event. (2) **Authorized hazardous fuel reduction project** (A) *In general* — The term “authorized hazardous fuel reduction project” means the measures and methods described in the definition of “appropriate tools” contained in the glossary of the Implementation Plan, on Federal land described in [section 6512(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section6512/a&num=0&edition=prelim) and conducted under sections 6513 and 6514 of this title. (B) *Inclusion* — The term “authorized hazardous fuel reduction project” includes, using the measures and methods described in subparagraph (A), the installation of— (i) a natural or manmade change in fuel characteristics that affects fire behavior such that a fire can be more readily controlled (commonly known as a “fuel break”); and (ii) a natura

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

16 U.S.C. § 7123 — Definitions

In this subchapter: (1) **Participating county** — The term “participating county” means an eligible county that elects under [section 7112(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7112/d&num=0&edition=prelim) to expend a portion of the Federal funds received under [section 7112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7112&num=0&edition=prelim) in accordance with this subchapter. (2) **Project funds** — The term “project funds” means all funds an eligible county elects under [section 7112(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7112/d&num=0&edition=prelim) to reserve for expenditure in accordance with this subchapter. (3) **Resource advisory committee** — The term “resource advisory committee” means— (A) an advisory committee established by the Secretary concerned under [section 7125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7125&num=0&edition=prelim); or (B) an advisory committee determined by the Secretary concerned to meet the requirements of [section 7125 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7125&num=0&edition=prelim). (4) **Resource management plan** — The term “resource management plan” means— (A) a land use plan prepared by the Bureau of Land Management for units of the Federal land described in [section 7102(7)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section7102/7/B&num=0&edition=prelim) pursuant to [section 1712 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim); or (B) a land an

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