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, effective July 1, 1979, set out in the Appendix to Title 5, Government Or- ganization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspec- tor transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Of- fice of Federal Inspector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Secretary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Trans- portation Projects by section 720d(f) of Title 15. § 1733. Enforcement authority (a) Regulations for implementation of manage- ment, use, and protection requirements; vio- lations; criminal penalties The Secretary shall issue regulations nec- essary to implement the provisions of this Act with respect to the management, use, and pro- tection of the public lands, including the prop- erty 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. (b) Civil actions by Attorney General for viola- tions of regulations; nature of relief; jurisdic- tion 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 regu- lations issued by the Secretary under this Act. (c) Contracts for enforcement of Federal laws and regulations by local law enforcement of- ficials; procedure applicable; contract re- quirements and implementation (1) When the Secretary determines that assist- ance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources he shall offer a contract to appro- priate local officials having law enforcement au- thority within their respective jurisdictions with the view of achieving maximum feasible re- liance upon local law enforcement officials in enforcing such laws and regulations. The Sec- retary 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 be- lieve 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 com- mitted 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 enforce- ment training as he deems necessary in order to carry out the contracted for responsibilities. While exercising the powers and authorities pro- vided by such contract pursuant to this section, such law enforcement officials and their agents shall have all the immunities of Federal law en- forcement officials. (2) The Secretary may authorize Federal per- sonnel or appropriate local officials to carry out his law enforcement responsibilities with re- spect to the public lands and their resources. Such designated personnel shall receive the training and have the responsibilities and au- thority provided for in paragraph (1) of this sub- section. (d) Cooperation with regulatory and law enforce- ment officials of any State or political sub- division in enforcement of laws or ordi- nances In connection with the administration and regulation of the use and occupancy of the pub- lic lands, the Secretary is authorized to cooper- ate with the regulatory and law enforcement of- ficials of any State or political subdivision thereof in the enforcement of the laws or ordi- nances of such State or subdivision. Such co- operation may include reimbursement to a State or its subdivision for expenditures in- curred by it in connection with activities which assist in the administration and regulation of use and occupancy of the public lands. Page 547 TITLE 43—PUBLIC LANDS § 1734 (e) Uniformed desert ranger force in California Desert Conservation Area; establishment; en- forcement of Federal laws and regulations Nothing in this section shall prevent the Sec- retary from promptly establishing a uniformed desert ranger force in the California Desert Con- servation Area established pursuant to section 1781 of this title 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 re- ducing 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 regu- lation of the Secretary or other responsible au- thority, or contrary to any order issued pursu- ant to any such regulation, is unlawful and pro- hibited. (Pub. L. 94–579, title III, § 303, Oct. 21, 1976, 90 Stat. 2763; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a), (b), and (f), 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 Ta- bles. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States magistrate judge’’ substituted for ‘‘United States magistrate’’ in subsec. (a) pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Proce- dure. MODIFICATION OF REGULATIONS RELATING TO MINING OPERATIONS ON PUBLIC LANDS; POSTING OF RECLAMA- TION BOND FOR ALL OPERATIONS INVOLVING SIGNIFI- CANT SURFACE DISTURBANCE Pub. L. 99–500, § 101(h) [title I], Oct. 18, 1986, 100 Stat. 1783–242, 1783–243, and Pub. L. 99–591, § 101(h) [title I], Oct. 30, 1986, 100 Stat. 3341–242, 3341–243, provided: ‘‘That regulations pertaining to mining operations on public lands conducted under the Mining Law of 1872 (30 U.S.C. 22, et seq.) and sections 302, 303, and 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732, 1733, and 1782) shall be modified to include a re- quirement for the posting of reclamation bonds by op- erators for all operations which involve significant sur- face disturbance, (a) at the discretion of the authorized officer for operators who have a record of compliance with pertinent regulations concerning mining on public lands, and (b) on a mandatory basis only for operators with a history of noncompliance with the aforesaid reg- ulations: Provided further, That surety bonds, third party surety bonds, or irrevocable letters of credit shall qualify as bond instruments: Provided further, That evi- dence of an equivalent bond posted with a State agency shall be accepted in lieu of a separate bond: Provided further, That the amount of such bonds shall be suffi- cient to cover the costs of reclamation as estimated by the Bureau of Land Management.’’ § 1734. Fees, charges, and commissions (a) Authority to establish and modify Notwithstanding any other provision of law, the Secretary may establish reasonable filing and service fees and reasonable charges, and commissions with respect to applications and other documents relating to the public lands and may change and abolish such fees, charges, and commissions. (b) Deposits for payments to reimburse reason- able costs of United States The Secretary is authorized to require a de- posit of any payments intended to reimburse the United States for reasonable costs with respect to applications and other documents relating to such lands. The moneys received for reasonable costs under this subsection shall be deposited with the Treasury in a special account and are hereby authorized to be appropriated and made available until expended. As used in this section ‘‘reasonable costs’’ include, but are not limited to, the costs of special studies; environmental impact statements; monitoring construction, operation, maintenance, and termination of any authorized facility; or other special activities. In determining whether costs are reasonable under this section, the Secretary may take into consideration actual costs (exclusive of manage- ment overhead), the monetary value of the rights or privileges sought by the applicant, the efficiency to the government processing in- volved, that portion of the cost incurred for the benefit of the general public interest rather than for the exclusive benefit of the applicant, the public service provided, and other factors relevant to determining the reasonableness of the costs. (c) Refunds In any case where it shall appear to the satis- faction of the Secretary that any person has made a payment under any statute relating to the sale, lease, use, or other disposition of public lands which is not required or is in excess of the amount required by applicable law and the regu- lations issued by the Secretary, the Secretary, upon application or otherwise, may cause a re- fund to be made from applicable funds. (Pub. L. 94–579, title III, § 304, Oct. 21, 1976, 90 Stat. 2765.) Statutory Notes and Related Subsidiaries FILING FEES FOR APPLICATIONS FOR NONCOMPETITIVE OIL AND GAS LEASES; STUDY AND REPORT OF RENT- AL CHARGES ON OIL AND GAS LEASES Pub. L. 97–35, title XIV, § 1401(d), Aug. 13, 1981, 95 Stat. 748, provided that: ‘‘(1) Notwithstanding any other provision of law, ef- fective October 1, 1981, all applications for noncom- petitive oil and gas leases shall be accompanied by a filing fee of not less than $25 for each such application: Provided, That any increase in the filing fee above $25 shall be established by regulation and subject to the provisions of the Act of August 31, 1951 (65 Stat. 290) [probably means title V of that Act which was classi- fied to section 483a of former Title 31, Money and Fi- nance and was repealed and reenacted as section 9701 of