§1743 — Title 43 Public Lands | U.S. Code

Summary

Officers and employees who work under the Act must file written disclosures if they have a known financial interest in any person who applies for or gets a permit, lease, right-of-way, or land, or who is otherwise affected by the Act. The Secretary must, within 90 days after October 21, 1976, define “known financial interest” and make rules for how those disclosures are filed, checked, and enforced. The Secretary must report to Congress each June 1 about the disclosures and actions from the prior year. The Secretary can exempt some nonregulatory jobs. Knowingly breaking the rule can bring up to $2,500 in fines, up to one year in jail, or both.

Title 43, §1743

Public Lands — Source: USLM XML via OLRC

(a)Each officer or employee of the Secretary and the Bureau who—

(1)performs any function or duty under this Act; and

(2)has any known financial interest in any person who (A) applies for or receives any permit, lease, or right-of-way under, or (B) applies for or acquires any land or interests therein under, or (C) is otherwise subject to the provisions of, this Act,

(b)The Secretary shall—

(1)act within ninety days after October 21, 1976—

(A)to define the term “known financial interests” for the purposes of subsection (a) of this section; and

(B)to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Secretary of such statements; and

(2)report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year.

(c)In the rules prescribed in subsection (b) of this section, the Secretary may identify specific positions within the Department of the Interior which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.

(d)Any officer or employee who is subject to, and knowingly violates, this section, shall be fined not more than $2,500 or imprisoned not more than one year, or both.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a)(1), (2), 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.

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to the requirement that the Secretary report to Congress on June 1 of each calendar year, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 2nd item on page 108 of House Document No. 103–7.

§1743 Disclosure of Financial Interests by Officers or Employees