§1731 — Title 43 Public Lands | U.S. Code

Summary

The Bureau of Land Management must have a Director who is appointed by the President and confirmed by the Senate. The Director must have a wide background and strong experience in public land and natural resource management. The Director will do the tasks the Secretary assigns for managing the lands and resources the Bureau oversees, following this Act and other laws. Under Reorganization Plan Numbered 3 of 1946 (section 403), the Secretary must carry out, through the Bureau, the same functions, powers, and duties he was carrying out on October 21, 1976, and the Bureau must follow the laws as they existed that day, unless this Act or a later law changes them. There must also be an Associate Director and whatever Assistant Directors and other staff are needed. Those employees are appointed by the Secretary under the competitive service rules in title 5 and are paid under chapter 51 and subchapter 3 of chapter 53 of that title. Any regulations the Secretary was using to run the laws through the Bureau on October 21, 1976, remain in effect.

Title 43, §1731

Public Lands — Source: USLM XML via OLRC

(a)The Bureau of Land Management established by Reorganization Plan Numbered 3, of 1946 shall have as its head a Director. Appointments to the position of Director shall hereafter be made by the President, by and with the advice and consent of the Senate. The Director of the Bureau shall have a broad background and substantial experience in public land and natural resource management. He shall carry out such functions and shall perform such duties as the Secretary may prescribe with respect to the management of lands and resources under his jurisdiction according to the applicable provisions of this Act and any other applicable law.

(b)Subject to the discretion granted to him by Reorganization Plan Numbered 3 of 1950, the Secretary shall carry out through the Bureau all functions, powers, and duties vested in him and relating to the administration of laws which, on October 21, 1976, were carried out by him through the Bureau of Land Management established by section 403 of Reorganization Plan Numbered 3 of 1946. The Bureau shall administer such laws according to the provisions thereof existing as of October 21, 1976, as modified by the provisions of this Act or by subsequent law.

(c)In addition to the Director, there shall be an Associate Director of the Bureau and so many Assistant Directors, and other employees, as may be necessary, who shall be appointed by the Secretary subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter 3 11 So in original. Probably should be subchapter “III”. of chapter 53 of such title relating to classification and General Schedule pay rates.

(d)Nothing in this section shall affect any regulation of the Secretary with respect to the administration of laws administered by him through the Bureau on October 21, 1976.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The provision of Reorg. Plan No. 3 of 1946 establishing the Bureau of Land Management, referred to in subsec. (a), is section 403 of such Reorg. Plan. section 403 of Reorg. Plan No. 3 of 1946, also referred to in subsec. (b), is set out as a note under section 1 of this title. This Act, referred to in subsecs. (a) and (b), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables. 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, provided 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 reimbursable basis for surveys of Federal lands and for protection of lands for the State of Alaska”.

§1731 Bureau of Land Management