§1702 — Title 43 Public Lands | U.S. Code

Summary

Defines key words used in the Act. "Areas of critical environmental concern" are places on public lands that need extra care to protect important historic, cultural, scenic, wildlife, or safety values. "Holder" is any state, local government, person, or business that gets a right-of-way under subchapter V. "Multiple use" means managing public lands so they are used in a balanced mix that best meets present and future public needs (for example recreation, grazing, timber, minerals, watershed, wildlife and fish, and scenic or historic values) without permanently harming the land or environment. "Public involvement" means giving people who will be affected a chance to comment or participate in planning, decisions, or rulemaking, including local meetings or advisory groups. "Public lands" are lands the United States owns in the states and that the Interior Department manages through the Bureau of Land Management, except lands on the Outer Continental Shelf and lands held for the benefit of Indians, Aleuts, and Eskimos. "Right-of-way" covers easements, leases, permits, or licenses that let someone use or cross public lands for the purposes listed in subchapter V. "Secretary" means the Secretary of the Interior. "Sustained yield" means keeping up a steady, long-term supply of renewable resources while following multiple use. "Wilderness" has the same meaning used in section 1131(c) of title 16 for purposes of section 1782. "Withdrawal" means taking federal land out of normal settlement, sale, or entry rules to protect public values or to move jurisdiction between federal agencies. An "allotment management plan" is a document written with lessees or permittees for livestock use on public lands or National Forest lands in the eleven contiguous Western States that sets how grazing will be done, what range improvements are needed, and other related rules. "Principal or major uses" are limited to domestic livestock grazing; fish and wildlife development and use; mineral exploration and production; rights-of-way; outdoor recreation; and timber production. "Department" means a Cabinet-level executive unit and "agency" means an executive unit that is not headed by a Cabinet member. "Bureau" means the Bureau of Land Management. The "eleven contiguous Western States" are Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. "Grazing permit and lease" means any document that authorizes grazing of domestic livestock on public lands or National Forest lands in those eleven States.

Title 43, §1702

Public Lands — Source: USLM XML via OLRC

Without altering in any way the meaning of the following terms as used in any other statute, whether or not such statute is referred to in, or amended by, this Act, as used in this Act—

(a)The term “areas of critical environmental concern” means areas within the public lands where special management attention is required (when such areas are developed or used or where no development is required) to protect and prevent irreparable damage to important historic, cultural, or scenic values, fish and wildlife resources or other natural systems or processes, or to protect life and safety from natural hazards.

(b)The term “holder” means any State or local governmental entity, individual, partnership, corporation, association, or other business entity receiving or using a right-of-way under subchapter V of this chapter.

(c)The term “multiple use” means the management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the American people; making the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land for less than all of the resources; a combination of balanced and diverse resource uses that takes into account the long-term needs of future generations for renewable and nonrenewable resources, including, but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values; and harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative 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 citizens in rulemaking, decisionmaking, and planning 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 instance.

(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 Bureau of Land Management, without regard to how the United States acquired ownership, except—

(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 easement, 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 general land laws, for the purpose of limiting activities 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) 11 See References in Text note below. from one department, bureau or agency to another department, bureau or agency.

(k)An “allotment management plan” means a document prepared in consultation with the lessees or permittees involved, which applies to livestock operations on the public lands or on lands within National Forests in the eleven contiguous 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 improvements 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 applicable law.

(l)The term “principal or major uses” includes, and is limited to, domestic livestock grazing, fish and wildlife development and utilization, 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 22 So in original. Probably should be followed by closing quotation marks. 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in the opening par. and in subsec. (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 repealed and restated in chapters 1 to 11 of Title 40, Public 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 preceding section 101 of Title 40 and section 101 of Title 41.

§1702 Definitions