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43 U.S.C. § 1703 — Repealed. Pub. L. 118–234, title III,

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

43 U.S.C. § 1703 — Repealed. Pub. L. 118–234, title III,

Page 529 TITLE 43—PUBLIC LANDS § 1703 1 See References in Text note below. 2 So in original. Probably should be followed by closing quotation marks. ative values of the resources and not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output. (d) The term ‘‘public involvement’’ means the opportunity for participation by affected citi- zens in rulemaking, decisionmaking, and plan- ning with respect to the public lands, including public meetings or hearings held at locations near the affected lands, or advisory mechanisms, or such other procedures as may be necessary to provide public comment in a particular in- stance. (e) The term ‘‘public lands’’ means any land and interest in land owned by the United States within the several States and administered by the Secretary of the Interior through the Bu- reau of Land Management, without regard to how the United States acquired ownership, ex- cept— (1) lands located on the Outer Continental Shelf; and (2) lands held for the benefit of Indians, Aleuts, and Eskimos. (f) The term ‘‘right-of-way’’ includes an ease- ment, lease, permit, or license to occupy, use, or traverse public lands granted for the purpose listed in subchapter V of this chapter. (g) The term ‘‘Secretary’’, unless specifically designated otherwise, means the Secretary of the Interior. (h) The term ‘‘sustained yield’’ means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the public lands consistent with multiple use. (i) The term ‘‘wilderness’’ as used in section 1782 of this title shall have the same meaning as it does in section 1131(c) of title 16. (j) The term ‘‘withdrawal’’ means wit

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Stable record: federal_law:legal_authorities:usc2024-228cb8ef4eadd721f9185cc4
Source file: Laws/federal/codes/united-states-code-2024/title-43/section-1703-repealed-pub-l-118234-title-iii--7f48e40c23.md
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Source location: USCODE-2024-title43-chap35-subchapI-sec1703.pdf

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Page 529 TITLE 43—PUBLIC LANDS § 1703 1 See References in Text note below. 2 So in original. Probably should be followed by closing quotation marks. ative values of the resources and not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output. (d) The term ‘‘public involvement’’ means the opportunity for participation by affected citi- zens in rulemaking, decisionmaking, and plan- ning with respect to the public lands, including public meetings or hearings held at locations near the affected lands, or advisory mechanisms, or such other procedures as may be necessary to provide public comment in a particular in- stance. (e) The term ‘‘public lands’’ means any land and interest in land owned by the United States within the several States and administered by the Secretary of the Interior through the Bu- reau of Land Management, without regard to how the United States acquired ownership, ex- cept— (1) lands located on the Outer Continental Shelf; and (2) lands held for the benefit of Indians, Aleuts, and Eskimos. (f) The term ‘‘right-of-way’’ includes an ease- ment, lease, permit, or license to occupy, use, or traverse public lands granted for the purpose listed in subchapter V of this chapter. (g) The term ‘‘Secretary’’, unless specifically designated otherwise, means the Secretary of the Interior. (h) The term ‘‘sustained yield’’ means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the public lands consistent with multiple use. (i) The term ‘‘wilderness’’ as used in section 1782 of this title shall have the same meaning as it does in section 1131(c) of title 16. (j) The term ‘‘withdrawal’’ means withholding an area of Federal land from settlement, sale, location, or entry, under some or all of the gen- eral land laws, for the purpose of limiting activi- ties under those laws in order to maintain other public values in the area or reserving the area for a particular public purpose or program; or transferring jurisdiction over an area of Federal land, other than ‘‘property’’ governed by the Federal Property and Administrative Services Act, as amended (40 U.S.C. 472) 1 from one de- partment, bureau or agency to another depart- ment, bureau or agency. (k) An ‘‘allotment management plan’’ means a document prepared in consultation with the les- sees or permittees involved, which applies to livestock operations on the public lands or on lands within National Forests in the eleven con- tiguous Western States and which: (1) prescribes the manner in, and extent to, which livestock operations will be conducted in order to meet the multiple-use, sustained- yield, economic and other needs and objectives as determined for the lands by the Secretary concerned; and (2) describes the type, location, ownership, and general specifications for the range im- provements to be installed and maintained on the lands to meet the livestock grazing and other objectives of land management; and (3) contains such other provisions relating to livestock grazing and other objectives found by the Secretary concerned to be consistent with the provisions of this Act and other ap- plicable law. (l) The term ‘‘principal or major uses’’ in- cludes, and is limited to, domestic livestock grazing, fish and wildlife development and utili- zation, mineral exploration and production, rights-of-way, outdoor recreation, and timber production. (m) The term ‘‘department’’ means a unit of the executive branch of the Federal Government which is headed by a member of the President’s Cabinet and the term ‘‘agency’’ means a unit of the executive branch of the Federal Government which is not under the jurisdiction of a head of a department. (n) The term ‘‘Bureau 2 means the Bureau of Land Management. (o) The term ‘‘eleven contiguous Western States’’ means the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. (p) The term ‘‘grazing permit and lease’’ means any document authorizing use of public lands or lands in National Forests in the eleven contiguous western States for the purpose of grazing domestic livestock. (Pub. L. 94–579, title I, § 103, Oct. 21, 1976, 90 Stat. 2745.) Editorial Notes REFERENCES IN TEXT This Act, referred to in the opening par. and in sub- sec. (k), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables. The Federal Property and Administrative Services Act of 1949, referred to in subsec. (j), is act June 30, 1949, ch. 288, 63 Stat. 377, which was substantially re- pealed and restated in chapters 1 to 11 of Title 40, Pub- lic Buildings, Property, and Works, and division C of subtitle I of Title 41, Public Contracts, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, which Act enacted Title 40, and Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855, which Act enacted Title 41. For complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Titles 40 and 41, see Disposition Tables pre- ceding section 101 of Title 40 and section 101 of Title 41. § 1703. Repealed. Pub. L. 118–234, title III, § 315(a), Jan. 4, 2025, 138 Stat. 2903 Section, Pub. L. 106–291, title III, § 330, Oct. 11, 2000, 114 Stat. 996; Pub. L. 109–54, title IV, § 428, Aug. 2, 2005, 119 Stat. 555; Pub. L. 111–8, div. E, title IV, § 418, Mar. 11, 2009, 123 Stat. 747; Pub. L. 112–74, div. E, title IV, § 422, Dec. 23, 2011, 125 Stat. 1045; Pub. L. 113–76, div. G, title IV, § 430, Jan. 17, 2014, 128 Stat. 345, related to co- operative action and sharing of resources by Secre- taries of the Interior and Agriculture. Page 530 TITLE 43—PUBLIC LANDS § 1711 SUBCHAPTER II—LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION § 1711. Continuing inventory and identification of public lands; preparation and mainte- nance (a) The Secretary shall prepare and maintain on a continuing basis an inventory of all public lands and their resource and other values (in- cluding, but not limited to, outdoor recreation and scenic values), giving priority to areas of critical environmental concern. This inventory shall be kept current so as to reflect changes in conditions and to identify new and emerging re- source and other values. The preparation and maintenance of such inventory or the identifica- tion of such areas shall not, of itself, change or prevent change of the management or use of public lands. (b) As funds and manpower are made available, the Secretary shall ascertain the boundaries of the public lands; provide means of public identi- fication thereof including, where appropriate, signs and maps; and provide State and local gov- ernments with data from the inventory for the purpose of planning and regulating the uses of non-Federal lands in proximity of such public lands. (Pub. L. 94–579, title II, § 201, Oct. 21, 1976, 90 Stat. 2747.) § 1712. Land use plans (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 appro- priate, 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 pre- viously 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 coordi- nate 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 ap- proach to achieve integrated consideration of physical, biological, economic, and other sciences; (3) give priority to the designation and pro- tection of areas of critical environmental con- cern; (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 val- ues involved and the availability of alter- native 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, plan- ning, and management activities of or for such lands with the land use planning and manage- ment programs of other Federal departments and agencies and of the States and local gov- ernments 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 re- source management programs. In imple- menting 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, in- consistencies between Federal and non-Fed- eral 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 pro- grams, land use regulations, and land use deci- sions 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 fur- nish 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 with- in 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 classifica- tions 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 con- ducted under this section, and all public lands, regardless of classification, are subject to inclu- sion in any land use plan developed pursuant to this section. The Secretary may modify or ter- minate any such classification consistent with such land use plans.

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

43 U.S.C. § 1703 — Repealed. Pub. L. 118–234, title III, § 315(a), Jan. 4, 2025, 138 Stat. 2903

### Statutory Notes Section, Pub. L. 106–291, title III, § 330, Oct. 11, 2000, 114 Stat. 996; Pub. L. 109–54, title IV, § 428, Aug. 2, 2005, 119 Stat. 555; Pub. L. 111–8, div. E, title IV, § 418, Mar. 11, 2009, 123 Stat. 747; Pub. L. 112–74, div. E, title IV, § 422, Dec. 23, 2011, 125 Stat. 1045; Pub. L. 113–76, div. G, title IV, § 430, Jan. 17, 2014, 128 Stat. 345, related to cooperative action and sharing of resources by Secretaries of the Interior and Agriculture.

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