Notes on 43 U.S.C. § 1701 : US Code - Notes

Search Notes on 43 U.S.C. § 1701 : US Code - Notes

(Pub. L. 94-579, title I, Sec. 102, Oct. 21, 1976, 90 Stat. 2744.)
REFERENCES IN TEXT
This Act, referred to in subsecs. (a)(1), (3) 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.
The Mining and Minerals Policy Act of 1970, referred to in
subsec. (a)(12), is Pub. L. 91-631, Dec. 31, 1970, 84 Stat. 1876,
which is classified to section 21a of Title 30, Mineral Lands and
Mining.
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-409, Sec. 1, Aug. 20, 1988, 102 Stat. 1086, provided
that: "This Act [enacting section 1723 of this title, amending
section 1716 of this title and sections 505a, 505b, and 521b of
Title 16, Conservation, and enacting provisions set out as notes
under sections 751 and 1716 of this title] may be cited as the
'Federal Land Exchange Facilitation Act of 1988'."
SHORT TITLE
Section 101 of Pub. L. 94-579 provided that: "This Act [enacting
this chapter and amending and repealing numerous other laws, which
for complete classification, see Tables] may be cited as the
'Federal Land Policy and Management Act of 1976'."
SAVINGS PROVISION
Section 701 of Pub. L. 94-579 provided that:
"(a) Nothing in this Act, or in any amendment made by this Act
[see Short Title note above], shall be construed as terminating any
valid lease, permit, patent, right-of-way, or other land use right
or authorization existing on the date of approval of this Act [Oct.
21, 1976].
"(b) Notwithstanding any provision of this Act, in the event of
conflict with or inconsistency between this Act and the Acts of
August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a-1181j) and May 24,
1939 (53 Stat. 753), insofar as they relate to management of timber
resources, and disposition of revenues from lands and resources,
the latter Acts shall prevail.
"(c) All withdrawals, reservations, classifications, and
designations in effect as of the date of approval of this Act shall
remain in full force and effect until modified under the provisions
of this Act or other applicable law.
"(d) Nothing in this Act, or in any amendments made by this Act,
shall be construed as permitting any person to place, or allow to
be placed, spent oil shale, overburden, or byproducts from the
recovery of other minerals found with oil shale, on any Federal
land other than Federal land which has been leased for the recovery
of shale oil under the Act of February 25, 1920 (41 Stat. 437, as
amended; 30 U.S.C. 181 et seq.).
"(e) Nothing in this Act shall be construed as modifying,
revoking, or changing any provision of the Alaska Native Claims
Settlement Act (85 Stat. 688, as amended; 43 U.S.C. 1601 et seq.).
"(f) Nothing in this Act shall be deemed to repeal any existing
law by implication.
"(g) Nothing in this Act shall be construed as limiting or
restricting the power and authority of the United States or -
"(1) as affecting in any way any law governing appropriation or
use of, or Federal right to, water on public lands;
"(2) as expanding or diminishing Federal or State jurisdiction,
responsibility, interests, or rights in water resources
development or control;
"(3) as displacing, superseding, limiting, or modifying any
interstate compact or the jurisdiction or responsibility of any
legally established joint or common agency of two or more States
or of two or more States and the Federal Government;
"(4) as superseding, modifying, or repealing, except as
specifically set forth in this Act, existing laws applicable to
the various Federal agencies which are authorized to develop or
participate in the development of water resources or to exercise
licensing or regulatory functions in relation thereto;
"(5) as modifying the terms of any interstate compact;
"(6) as a limitation upon any State criminal statute or upon
the police power of the respective States, or as derogating the
authority of a local police officer in the performance of his
duties, or as depriving any State or political subdivision
thereof of any right it may have to exercise civil and criminal
jurisdiction on the national resource lands; or as amending,
limiting, or infringing the existing laws providing grants of
lands to the States.
"(h) All actions by the Secretary concerned under this Act shall
be subject to valid existing rights.
"(i) The adequacy of reports required by this Act to be submitted
to the Congress or its committees shall not be subject to judicial
review.
"(j) Nothing in this Act shall be construed as affecting the
distribution of livestock grazing revenues to local governments
under the Granger-Thye Act (64 Stat. 85, 16 U.S.C. 580h), under the
Act of May 23, 1908 (35 Stat. 260, as amended; 16 U.S.C. 500),
under the Act of March 4, 1913 (37 Stat. 843, as amended; 16 U.S.C.
501), and under the Act of June 20, 1910 (36 Stat. 557)."
SEVERABILITY
Section 707 of Pub. L. 94-579 provided that: "If any provision of
this Act [see Short Title note set out above] or the application
thereof is held invalid, the remainder of the Act and the
application thereof shall not be affected thereby."
COOPERATIVE ACTION AND SHARING OF RESOURCES BY SECRETARIES OF THE
INTERIOR AND AGRICULTURE
Pub. L. 106-291, title III, Sec. 330, Oct. 11, 2000, 114 Stat.
996, as amended by Pub. L. 109-54, title IV, Sec. 428, Aug. 2,
2005, 119 Stat. 555, provided that: "In fiscal years 2001 through
2008, the Secretaries of the Interior and Agriculture, subject to
annual review of Congress, may establish pilot programs involving
the land management agencies referred to in this section to conduct
projects, planning, permitting, leasing, contracting and other
activities, either jointly or on behalf of one another; may co-
locate in Federal offices and facilities leased by an agency of
either Department; and [may] promulgate special rules as needed to
test the feasibility of issuing unified permits, applications, and
leases. The Secretaries of the Interior and Agriculture may make
reciprocal delegations of their respective authorities, duties and
responsibilities in support of the 'Service First' initiative
agency-wide to promote customer service and efficiency. Nothing
herein shall alter, expand or limit the applicability of any public
law or regulation to lands administered by the Bureau of Land
Management, National Park Service, Fish and Wildlife Service, or
the Forest Service. To facilitate the sharing of resources under
the Service First initiative, the Secretaries of the Interior and
Agriculture may make transfers of funds and reimbursement of funds
on an annual basis, including transfers and reimbursements for
multi-year projects, except that this authority may not be used to
circumvent requirements and limitations imposed on the use of
funds."
EXISTING RIGHTS-OF-WAY
Section 706(b) of Pub. L. 94-579 provided that: "Nothing in
section 706(a) [see Tables for classification], except as it
pertains to rights-of-way, may be construed as affecting the
authority of the Secretary of Agriculture under the Act of June 4,
1897 (30 Stat. 35, as amended, 16 U.S.C. 551); the Act of July 22,
1937 (50 Stat. 525, as amended, 7 U.S.C. 1010-1212); or the Act of
September 3, 1954 (68 Stat. 1146, 43 U.S.C. 931c)."