43 U.S.C. § 1732 — Management of use, occupancy, and devel-

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, occupancy, and de- velopment of the public lands, including, but not limited to, long-term leases to permit individ- uals to utilize public lands for habitation, cul- tivation, 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, withdrawals under section 1714 of this title, and, where the proposed use and develop- ment are similar or closely related to the pro- grams of the Secretary for the public lands in- volved, cooperative agreements under section 1737(b) of this title: Provided further, That noth- ing in this Act shall be construed as authorizing the Secretary concerned to require Federal per- mits to hunt and fish on public lands or on lands in the National Forest System and adjacent wa- ters or as enlarging or diminishing the responsi- bility and authority of the States for manage- ment 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 pursu- ant 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 sec- tion 1744, section 1782, and subsection (f) of sec- tion 1781 of this title 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 unneces- sary or undue degradation of the lands. (c) Revocation or suspension provision in instru- ment authorizing use, occupancy or develop- ment; violation of provision; procedure appli- cable The Secretary shall insert in any instrument providing for the use, occupancy, or develop- ment of the public lands a provision authorizing revocation or suspension, after notice and hear- ing, of such instrument upon a final administra- tive finding of a violation of any term or condi- tion of the instrument, including, but not lim- ited to, terms and conditions requiring compli- ance 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 grant- ed 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: Pro- vided further, That the Secretary may order an immediate temporary suspension prior to a hearing or final administrative finding if he de- termines 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 con- sultation with the Governor of Alaska, may issue to the Secretary of Defense or to the Sec- retary of a military department within the De- partment of Defense or to the Commandant of the Coast Guard a nonrenewable general author- ization 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 pur- poses of military maneuvering, military train- ing, 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 lim- ited to areas where such use would not be incon- Page 545 TITLE 43—PUBLIC LANDS § 1732 sistent with the plans prepared pursuant to sec- tion 1712 of this title. Each such use shall be subject to a requirement that the using depart- ment shall be responsible for any necessary cleanup and decontamination of the lands used, and to such other terms and conditions (includ- ing 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 nat- ural, 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 appro- priate terms and conditions, including such as are described in paragraph (2) of this subsection. (4) Issuance of a general authorization pursu- ant to this subsection shall be subject to the provisions of section 1712(f) of this title, section 3120 of title 16, and all other applicable provi- sions of law. The Secretary of a military depart- ment (or the Commandant of the Coast Guard) requesting such authorization shall reimburse the Secretary of the Interior for the costs of im- plementing this paragraph. An authorization pursuant to this subsection shall not authorize the construction of permanent structures or fa- cilities on the public lands. (5) To the extent that public safety may re- quire 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 Com- mandant of the Coast Guard shall take appro- priate 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 mean- ing as specified in section 3102 of title 16. (Pub. L. 94–579, title III, § 302, Oct. 21, 1976, 90 Stat. 2762; Pub. L. 100–586, Nov. 3, 1988, 102 Stat. 2980.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete clas- sification of this Act to the Code, see Tables. The Mining Law of 1872, referred to in subsec. (b), is act May 10, 1872, ch. 152, 17 Stat. 91, which was incor- porated into the Revised Statutes of 1878 as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Mining. For com- plete classification of such Revised Statutes sections to the Code, see Tables. AMENDMENTS 1988—Subsec. (d). Pub. L. 100–586 added subsec. (d). Statutory Notes and Executive Documents TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. PILOT PROGRAM FOR NATIVE PLANT SPECIES Pub. L. 117–328, div. DD, title I, § 101, Dec. 29, 2022, 136 Stat. 5574, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) INVASIVE SPECIES.—The term ‘invasive species’ means, with respect to a particular ecosystem, a non- native organism, the introduction of which causes or is likely to cause economic or environmental harm or harm to human, animal, or plant health. ‘‘(2) LOCALLY ADAPTED.—The term ‘locally adapted’ means, with respect to plants, plants that— ‘‘(A) originate from an area that is geographically proximate to a planting area; and ‘‘(B) are environmentally adapted to and likely to become established and persist in that planting area. ‘‘(3) NATIVE PLANT SPECIES.—The term ‘native plant species’ means, with respect to a particular eco- system, a species that, other than as a result of an in- troduction, historically occurred or currently occurs in that ecosystem. ‘‘(4) NONNATIVE.—The term ‘nonnative’ means, with respect to a particular ecosystem, an organism, in- cluding the seeds, eggs, spores, or other biological material of the organism capable of propagating that species, that occurs outside of the natural range of the organism. ‘‘(5) PLANT MATERIAL.—The term ‘plant material’ means a plant or the seeds, eggs, spores, or other bio- logical material of a plant capable of propagating the species of the plant. ‘‘(b) ESTABLISHMENT.—Not later than 180 days after the date on which funds are made available to carry out this section, the Secretary [of the Interior] shall, in accordance with any existing laws and management policies, carry out a pilot program to prioritize the use of native plant species within geographically diverse units of the National Park System and public land ad- ministered by the Bureau of Land Management. ‘‘(c) IMPLEMENTATION.—In carrying out the pilot pro- gram under subsection (b), the Secretary shall, to the extent practicable— ‘‘(1) give preference to the use of locally adapted native plant materials where appropriate; ‘‘(2) incorporate efforts to prevent, control, or eradicate the spread of invasive species; ‘‘(3) incorporate efforts to use native plants in areas that have experienced a recent wildfire event; and ‘‘(4) identify situations in which the use of non-na- tive plants may be warranted. ‘‘(d) COORDINATION.—The Secretary shall, in carrying out the pilot program under subsection (b), coordinate activities with— ‘‘(1) the National Seed Strategy of the Bureau of Land Management; ‘‘(2) the Plant Conservation Alliance; and 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.