43 U.S.C. § 1457a — Authorization of appropriations for par-

Page 379 TITLE 43—PUBLIC LANDS § 1457a 1 See References in Text note below. (‘‘Management of Federal Information Resources’’) and any implementing bulletins. (d) Agency Utilization of the Clearinghouse. Within 1 year of the date of this order, each agency shall adopt internal procedures to ensure that the agency accesses the Clearinghouse before it expends Federal funds to collect or produce new geospatial data, to determine whether the information has already been collected by others, or whether cooperative efforts to obtain the data are possible. (e) Funding. The Department of the Interior shall pro- vide funding for the Clearinghouse to cover the initial prototype testing, standards development, and moni- toring of the performance of the Clearinghouse. Agen- cies shall continue to fund their respective programs that collect and produce geospatial data; such data is then to be made part of the Clearinghouse for wider ac- cessibility. SEC. 4. DATA STANDARDS ACTIVITIES. (a) General FGDC Responsibility. The FGDC shall develop standards for implementing the NSDI, in consultation and co- operation with State, local, and tribal governments, the private and academic sectors, and, to the extent feasible, the international community, consistent with OMB Circular No. A–119 (‘‘Federal Participation in the Development and Use of Voluntary Standards’’), and other applicable law and policies. (b) Standards for Which Agencies Have Specific Respon- sibilities. Agencies assigned responsibilities for data cat- egories by OMB Circular No. A–16 shall develop, through the FGDC, standards for those data categories, so as to ensure that the data produced by all agencies are compatible. (c) Other Standards. The FGDC may from time to time identify and develop, through its member agencies, and to the extent permitted by law, other standards nec- essary to achieve the objectives of this order. The FGDC will promote the use of such standards and, as appropriate, such standards shall be submitted to the Department of Commerce for consideration as Federal Information Processing Standards. Those standards shall apply to geospatial data as defined in section 1 of this order. (d) Agency Adherence to Standards. Federal agencies collecting or producing geospatial data, either directly or indirectly (e.g. through grants, partnerships, or con- tracts with other entities), shall ensure, prior to obli- gating funds for such activities, that data will be col- lected in a manner that meets all relevant standards adopted through the FGDC process. SEC. 5. NATIONAL DIGITAL GEOSPATIAL DATA FRAMEWORK. In consultation with State, local, and tribal governments and within 9 months of the date of this order, the FGDC shall submit a plan and schedule to OMB for completing the initial implementation of a national digital geospatial data framework (‘‘frame- work’’) by January 2000 and for establishing a process of ongoing data maintenance. The framework shall in- clude geospatial data that are significant, in the deter- mination of the FGDC, to a broad variety of users with- in any geographic area or nationwide. At a minimum, the plan shall address how the initial transportation, hydrology, and boundary elements of the framework might be completed by January 1998 in order to support the decennial census of 2000. SEC. 6. PARTNERSHIPS FOR DATA ACQUISITION. The Secretary, under the auspices of the FGDC, and within 9 months of the date of this order, shall develop, to the extent permitted by law, strategies for maxi- mizing cooperative participatory efforts with State, local, and tribal governments, the private sector, and other nonfederal organizations to share costs and im- prove efficiencies of acquiring geospatial data con- sistent with this order. SEC. 7. SCOPE. (a) For the purposes of this order, the term ‘‘agency’’ shall have the same meaning as the term ‘‘Executive agency’’ in 5 U.S.C. 105, and shall in- clude the military departments and components of the Department of Defense. (b) The following activities are exempt from compli- ance with this order: (i) national security-related activities of the De- partment of Defense as determined by the Secretary of Defense; (ii) national defense-related activities of the De- partment of Energy as determined by the Secretary of Energy; (iii) intelligence activities as determined by the Di- rector of Central Intelligence; and (iv) the national security-related activities of the Department of Homeland Security as determined by the Secretary of Homeland Security. (c) The NSDI may involve the mapping, charting, and geodesy activities of the Department of Defense relat- ing to foreign areas, as determined by the Secretary of Defense. (d) This order does not impose any requirements on tribal governments. (e) Nothing in the order shall be construed to con- travene the development of Federal Information Proc- essing Standards and Guidelines adopted and promul- gated under the provisions of section 111(d) of the Fed- eral Property and Administrative Services Act of 1949 [former 40 U.S.C. 759(d)], as amended by the Computer Security Act of 1987 (Public Law 100–235), or any other United States law, regulation, or international agree- ment. SEC. 8. JUDICIAL REVIEW. This order is intended only to improve the internal management of the execu- tive branch and is not intended to, and does not, create any right to administrative or judicial review, or any other right or benefit or trust responsibility, sub- stantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. § 1457a. Authorization of appropriations for par- ticular programs (a) Maximum amounts for specified years Notwithstanding any other provision of law, there shall not be appropriated to the Secretary of the Interior for Department of the Interior programs as defined in subsection (e) in excess of $4,095,404,000 for the fiscal year ending on Sep- tember 30, 1981; in excess of $3,970,267,000 for the fiscal year ending on September 30, 1982; $4,680,223,000 for the fiscal year ending on Sep- tember 30, 1983; and $4,797,281,000 for the fiscal year ending on September 30, 1984. (b) Ceilings on certain appropriations It is the sense of the Congress that the appro- priation targets for such fiscal years should be: not less than $275,000,000 to be appropriated an- nually pursuant to the provisions of chapter 2003 of title 54; not less than $30,000,000 to be appro- priated annually pursuant to the provisions of division A of subtitle III of title 54; not less than $10,000,000 to be appropriated annually pursuant to the provisions of chapter 2005 of title 54; not less than $105,000,000 to be appropriated annually to be used for the restoration and rehabilitation of units of the National Park System, as author- ized by law; not less than $239,000,000 to be ap- propriated annually for the Office of Territorial and International Affairs (including amounts for the Trust Territory of the Pacific Islands); not less than $6,200,000 to be appropriated annually to carry out the provisions of title III of the Surface Mining Control and Reclamation Act of 1977 (91 Stat. 445); 1 and not less than $100,000,000 to be appropriated annually pursuant to chapter 69 of title 31 including not less than $5,000,000 an- Page 380 TITLE 43—PUBLIC LANDS § 1457a nually to carry out the purposes of section 6904 of title 31. (c) Additional limitations Notwithstanding the limitation otherwise im- posed by subsection (a) of this section— (1) the authorization for obligation and ap- propriations for the Department of the Inte- rior may exceed the amount specified in sub- section (a) by such amount as permanent and annual indefinite appropriations exceed the es- timates for such appropriations as contained in ‘‘The Budget of the United States Govern- ment, Fiscal Year 1982,’’ as revised by the March 1981, publication of the Office of Man- agement and Budget entitled ‘‘Fiscal Year 1982 Budget Revisions’’, when receipts available to be appropriated equal or exceed such appro- priations, and (2) the authorization for obligation and ap- propriations for the Department of the Inte- rior may exceed the amount specified in sub- section (a) by such amounts as may be re- quired for emergency firefighting and for in- creased pay costs authorized by law. (d) Omitted (e) Applicable programs For the purposes of this section, the term ‘‘De- partment of the Interior programs’’ means— (1) Alaska Native Fund amounts included in Bureau of Indian Affairs programs funded from Miscellaneous Trust Funds and Miscellaneous Permanent Appropriations accounts; (2) Bureau of Land Management programs; (3) United States Bureau of Mines programs; (4) National Park Service programs other than the John F. Kennedy Center for the Per- forming Arts (including those programs for- merly administered by the Heritage Conserva- tion and Recreation Service as of October 1, 1980); (5) Offices of the Solicitor and the Secretary; (6) Office of Surface Mining Reclamation and Enforcement programs; (7) Office of Territorial Affairs programs; (8) United States Geological Survey pro- grams; and (9) Bureau of Reclamation (including those programs formerly administered by the Water and Power Resources Service). (Pub. L. 97–35, title XIV, § 1401, Aug. 13, 1981, 95 Stat. 748, 749; Pub. L. 102–285, § 10(b), May 18, 1992, 106 Stat. 172; Pub. L. 113–287, § 5(l)(3), Dec. 19, 2014, 128 Stat. 3271.) Editorial Notes REFERENCES IN TEXT The Surface Mining Control and Reclamation Act of 1977 (91 Stat. 445), referred to in subsec. (b), is Pub. L. 95–87, Aug. 3, 1977, 91 Stat. 445. Title III of the Surface Mining Control and Reclamation Act of 1977 was for- merly classified generally to subchapter III (§ 1221 et seq.) of chapter 25 of Title 30, Mineral Lands and Min- ing, prior to the replacement of subchapter III by Pub. L. 98–409. For complete classification of this Act to the Code, see Short Title note set out under section 1201 of Title 30 and Tables. CODIFICATION In subsec. (b), ‘‘chapter 69 of title 31’’ and ‘‘section 6904 of title 31’’ substituted for ‘‘the Act of October 20, 1976 (90 Stat. 2662; 31 U.S.C. 1601, et. seq.)’’ and ‘‘section 3 of said Act [31 U.S.C. 1603]’’, respectively, on author- ity of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Subsec. (d) of this section is set out as a note under section 1734 of this title. AMENDMENTS 2014—Subsec. (b). Pub. L. 113–287, § 5(l)(3)(B), (C), sub- stituted ‘‘division A of subtitle III of title 54’’ for ‘‘the National Historic Preservation Act of 1966 (80 Stat. 915; 16 U.S.C. 470)’’ and ‘‘chapter 2005 of title 54’’ for ‘‘the Urban Park and Recreation Recovery Act of 1978 (92 Stat. 3538; 16 U.S.C. 2501, et seq.)’’. Pub. L. 113–287, § 5(l)(3)(A), which directed substi- tution of ‘‘chapter 2003 of title 54’’ for ‘‘the Land and Water Conservation Fund Act of 1965 (78 Stat; 897; 16 U.S.C. 460z)’’ was executed by making the substitution for ‘‘the Land and Water Conservation Fund Act of 1965 (78 Stat. 897; 16 U.S.C. 460z)’’ to reflect the probable in- tent of Congress. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘United States Bureau of Mines’’ substituted for ‘‘Bureau of Mines’’ in subsec. (e)(3) pursuant to section 10(b) of Pub. L. 102–285, set out as a note under section 1 of Title 30, Mineral Lands and Mining. For provisions relating to closure and transfer of functions of the United States Bureau of Mines, see note set out under section 1 of Title 30. CIRCULAR OF OFFICE OF MANAGEMENT AND BUDGET AND SIMILAR ORDERS OR DIRECTIVES INAPPLICABLE TO CERTAIN PUBLIC LAND ACTIVITIES WITHOUT AFFECT- ING OTHER AUTHORIZATIONS; CONGRESSIONAL FIND- INGS Pub. L. 98–540, § 3, Oct. 24, 1984, 98 Stat. 2718, provided that: ‘‘(a) The Congress finds that— ‘‘(1) the public lands administered by the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service contain valuable wildlife, scenery, natural and historic fea- tures, and other resources; ‘‘(2) the Congress has specified the duties and re- sponsibilities of the National Park Service, the Bu- reau of Land Management, and the United States Fish and Wildlife Service to balance the conservation and protection of these public lands and resources with permitted uses in ways Congress has found to be appropriate for each of the various land areas; ‘‘(3) the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service are currently under congressional mandates to maintain sufficient visitor and recreational serv- ices in our national parks, campgrounds, and wildlife refuges; ‘‘(4) the Congress has authorized the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service to contract for the provision of certain facilities, accommoda- tions, and services by non-Federal entities, but with certain limitations that reflect the values and appro- priate management policies of the various conserva- tion areas, parks, wildlife refuges, and other public lands; ‘‘(5) expansion of the contracting authority of the managers of these conservation areas, parks, wildlife refuges, and lands should be considered only after careful study of the existing management mandates and contracting authorities; and ‘‘(6) management and regulation of natural re- sources on Federal lands are inherently Government functions and should be performed by Federal em- ployees. ‘‘(b)(1)(A) The provisions of Office of Management and Budget Circular A–76 and any similar provisions in any Page 381 TITLE 43—PUBLIC LANDS § 1458 other order or directive shall not apply to activities conducted by the National Park Service, United States Fish and Wildlife Service, and the Bureau of Land Man- agement which involve ten full time equivalents (FTE) or less. ‘‘(B) For fiscal years 1985 through and including 1988, no contracts, for activities conducted by the National Park Service, United States Fish and Wildlife Service, or the Bureau of Land Management which have been subject to the provisions of Office of Management and Budget Circular A–76 or any similar provision in any other order or directive, shall be entered into by the United States until funds have been specifically pro- vided therefore by an Act of Congress. ‘‘(2) Nothing in this section shall prevent the Na- tional Park Service, United States Fish and Wildlife Service, and the Bureau of Land Management from en- tering into contracts for services and materials under provisions of law and rules, regulations, orders, and policies other than the circular referred to in para- graph (1) or any similar order or directive.’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1457b. Use of cooperative agreements For fiscal year 2010, and each fiscal year there- after, the Secretary of the Interior may enter into cooperative agreements with a State or po- litical subdivision (including any agency there- of), or any not-for-profit organization if the agreement will: (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Department of the Interior; and (2) all parties will contribute resources to the accomplishment of these objec- tives. At the discretion of the Secretary, such agreements shall not be subject to a competitive process. (Pub. L. 111–88, div. A, title I, § 112, Oct. 30, 2009, 123 Stat. 2928.) Editorial Notes CODIFICATION Section is from the Department of the Interior, Envi- ronment, and Related Agencies Appropriations Act, 2010. § 1457c. Power of Secretary or designated officer The Secretary of the Interior, or such officer as he may designate, is authorized to enforce and carry into execution, by appropriate regula- tions, every part of the provisions of title 32 of the Revised Statutes not otherwise specially provided for. (R.S. § 2478; 1946 Reorg. Plan No. 3, § 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) REFERENCES IN TEXT Title 32 of the Revised Statutes, referred to in text, was in the original ‘‘this Title’’, meaning title 32 of the Revised Statutes, consisting of R.S. §§ 2207 to 2490. For complete classification of R.S. §§ 2207 to 2490 to the Code, see Tables. Editorial Notes CODIFICATION Section was formerly classified to section 1201 of this title prior to editorial reclassification and renumbering as this section. R.S. § 2478 derived from acts Sept. 28, 1850, ch. 84, §§ 1, 4, 9 Stat. 520; Mar. 12, 1860, ch. 5, § 1, 12 Stat. 3; Feb. 19, 1874, ch. 30, 18 Stat. 16. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. ‘‘Secretary of the Interior or such officer as he may designate’’ substituted for ‘‘Commissioner of the Gen- eral Land Office, under the directions of the Secretary of the Interior’’ on authority of section 403 of Reorg. Plan No. 3 of 1946. See note set out under section 1 of this title. § 1458. Secretary to exercise certain powers over Territories The Secretary of the Interior shall exercise all the powers and perform all the duties in relation to the Territories of the United States that were, prior to March 1, 1873, by law or by custom exercised and performed by the Secretary of State. (R.S. § 442.) Editorial Notes CODIFICATION R.S. § 442 derived from act Mar. 1, 1873, ch. 217, 17 Stat. 484. Section was formerly classified to section 486 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title. EX. ORD. NO. 10967. ADMINISTRATION OF PALMYRA ISLAND Ex. Ord. No. 10967, eff. Oct. 10, 1961, 26 F.R. 9667, pro- vided: By virtue of the authority vested in me by section 48 of the Hawaii Omnibus Act (approved July 12, 1960; 74 Stat. 424; P.L. 86–624) [set out as a note preceding sec- tion 491 of Title 48, Territories and Insular Possessions] and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. The Secretary of the Interior shall be re- sponsible for the civil administration of Palmyra Is- land and all executive and legislative authority nec- essary for that administration, and all judicial author- ity respecting Palmyra Island other than the authority contained in the Act of June 15, 1950 (64 Stat. 217), as amended (48 U.S.C. 644a), shall be vested in the Sec- retary of the Interior. SEC. 2. The executive, legislative, and judicial author- ity provided for in section 1 of this order (1) may be ex-