§1748 — Title 43 Public Lands | U.S. Code

Summary

Allows money to be provided as needed to carry out the Act, but after October 1, 2002 no funds may be given to the Bureau for any program, function, or activity unless that funding was already specifically authorized on October 21, 1976 or it is authorized under the process below. Starting May 15, 1977 and then every two years on May 15 of even-numbered years, the Secretary must send the Speaker of the House and the President of the Senate a request to authorize appropriations for all Bureau programs for the next four fiscal years (the four-year period begins on October 1 of the year after the request). The request must include the regular budget papers and the funding levels the Secretary believes are needed to run each program effectively, even if those levels differ from executive-branch budget limits. This rule does not apply to money from land sales, contributed funds, private deposits for public surveys, townsite trusteeships, funds from other federal agencies, reimbursements, or money spent on emergency firefighting and rehabilitation. When buying land under the authority in section 1715(a), the Secretary may use the Land and Water Conservation Fund to buy land needed to manage public lands that are mainly for outdoor recreation.

Title 43, §1748

Public Lands — Source: USLM XML via OLRC

(a)There are authorized to be appropriated such sums as are necessary to carry out the purposes and provisions of this Act, but no amounts shall be appropriated to carry out after October 1, 2002, any program, function, or activity of the Bureau under this or any other Act unless such sums are specifically authorized to be appropriated as of October 21, 1976 or are authorized to be appropriated in accordance with the provisions of subsection (b) of this section.

(b)Consistent with section 1110 of title 31, beginning May 15, 1977, and not later than May 15 of each second even numbered year thereafter, the Secretary shall submit to the Speaker of the House of Representatives and the President of the Senate a request for the authorization of appropriations for all programs, functions, and activities of the Bureau to be carried out during the four-fiscal-year period beginning on October 1 of the calendar year following the calendar year in which such request is submitted. The Secretary shall include in his request, in addition to the information contained in his budget request and justification statement to the Office of Management and Budget, the funding levels which he determines can be efficiently and effectively utilized in the execution of his responsibilities for each such program, function, or activity, notwithstanding any budget guidelines or limitations imposed by any official or agency of the executive branch.

(c)Nothing in this section shall apply to the distribution of receipts of the Bureau from the disposal of lands, natural resources, and interests in lands in accordance with applicable law, nor to the use of contributed funds, private deposits for public survey work, and townsite trusteeships, nor to fund allocations from other Federal agencies, reimbursements from both Federal and non-Federal sources, and funds expended for emergency firefighting and rehabilitation.

(d)In exercising the authority to acquire by purchase granted by section 1715(a) of this title, the Secretary may use the Land and Water Conservation Fund to purchase lands which are necessary for proper management of public lands which are primarily of value for outdoor recreation purposes.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a), 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. Codification In subsec. (b), “section 1110 of title 31” substituted for “section 607 of the Congressional Budget Act of 1974 [31 U.S.C. 11c]” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

1996—Subsec. (a). Pub. L. 104–333 substituted “

October 1, 2002” for “

October 1, 1978”.

§1748 Funding requirements