Title 43, Public LandsRelease 119-110

§1748 Funding Requirements

Title 43 › CHAPTER 35 — FEDERAL LAND POLICY AND MANAGEMENT › SUBCHAPTER III — ADMINISTRATION › § 1748

Last updated Sep 22, 2026|Official source

Summary

Congress may provide whatever money is needed to carry out the Act. But after October 1, 2002, no money may be spent on any Bureau program unless that spending was already specifically authorized by October 21, 1976 or it is authorized through the process described here. Starting May 15, 1977, and then by May 15 every second even-numbered year after that, the Secretary must send the Speaker of the House and the President of the Senate a request to authorize funding for all Bureau programs for the four fiscal years that begin on October 1 of the year after the request is sent. The request must include the usual budget papers and the funding levels the Secretary thinks will let each program be run efficiently and effectively, even if those levels differ from executive-branch budget limits. This does not change how money from land sales and natural-resource sales is shared or used. It also does not affect contributed funds, private deposits for public surveys, townsite trusteeships, allocations from other federal agencies, reimbursements from federal or nonfederal sources, or money spent on emergency firefighting and rehabilitation. When buying land under its purchase authority, the Secretary may use the Land and Water Conservation Fund to buy lands needed to manage public lands that are mainly for outdoor recreation.

Full Legal Text

Title 43, §1748

Public Lands, Source: USLM XML via OLRC

(a)Authorization of appropriations
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)Procedure applicable for authorization of appropriations
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)Distribution of receipts from Bureau from disposal of lands, etc.
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)Purchase of certain public lands from Land and Water Conservation Fund
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.

Legislative History

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”.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1748

Title 43, Public Lands

Last Updated

Sep 22, 2026

Release point: 119-110