Public Law 94–579—October 21, 1976, as amended through December 19, 2014 A The Federal Land Policy and Management Act of 1976, as amended, is the Bureau of Land Management’s “organic act” that establishes the agency’s multiple-use and sustained yield mandate to serve present and future generations. BLM/WO/GI-01/002+REV16 The Federal Land Policy and Management Act of 1976 As Amended Compiled by U.S. Department of the Interior Bureau of Land Management Washington, DC September 2016 Acknowledgments The Arizona Law Review article, “A Capsule Examination of the Legislative History of the Federal Land Policy and Management Act (FLPMA) of 1976,” by Eleanor Schwartz, 21 Ariz. L. Rev. 285 (1979), is reprinted with permission. © 1979 by the Arizona Board of Regents. Appendices B and C are adapted from WestlawNext with the permission of Thomson Reuters. Citation This publication may be cited as follows: U.S. Department of the Interior, Bureau of Land Management (editor), 2016. The Federal Land Policy and Management Act of 1976, as amended. U.S. Department of the Interior, Bureau of Land Management, Office of Public Affairs, Washington, DC. 106 pp. Editor’s Note This version of The Federal Land Policy and Management Act of 1976, As Amended updates the previous version of this pamphlet, issued in 2001. It includes all sections of the Federal Land Policy and Management Act (the Act) as originally passed by Congress in 1976, all subsequently enacted sections that have been codified alongside the original Act, and separately enacted sections that are not considered amendments to the Act. Consequently, it is more inclusive than most other similar documents. Section and subsection headings are from the United States Code and are boldfaced to serve as easy references within each section. Where the original public law differs from the text of the United States Code, the text of the United States Code has generally been followed. Additions of text from amendments have been italicized and deletions from amendments have been removed. Two appendices and an alphabetical index have been added. The language throughout the document has been modified to be gender-neutral and editorial corrections to the original text have been made, as indicated with brackets. Editor’s notes within the body of the document are in a different, smaller font, and are framed by brackets. Editor’s notes include additional cross-references not found in the United States Code; citations to amending statutes; and annotations regarding related legislation, uncodified riders, and similar matters. Editor’s notes are not intended to provide a comprehensive guide to the relevant law, nor do the notes reflect the views of the Bureau of Land Management or the Office of the Solicitor. This document was prepared by the Bureau of Land Management with assistance from the Office of the Solicitor, in commemoration of the 40th anniversary of the Federal Land Policy and Management Act of 1976. Great care was taken to ensure that all amendments were included correctly and with precision. Nevertheless, we recognize that this document still could contain errors. The user is encouraged to consult the official United States Code if there is any doubt about the accuracy of the information contained herein. Public Law 94–579—October 21, 1976, as amended through December 19, 2014 iii A FOREWORD BY THE DIRECTOR I am pleased to present this updated publication of The Federal Land Policy and Management Act of 1976, As Amended, in celebration of the 40th anniversary of this landmark piece of legislation. The Federal Land Policy and Management Act is maintaining healthy habitat for thousands of fish central to everything we do at the Bureau of Land and wildlife species. And we don’t do this alone. Management. All of the actions we take rely on We work closely with hundreds of sovereign tribal the authorities that were built into this law by nations and with state and local governments across Congress and the President. We use FLPMA every the country. day to guide our management of over 10 percent of the land in the United States and one-third of the All of this activity takes place on lands that stretch nation’s minerals. across the nation, from the Arctic Ocean to the Mexican border, and from Key West, Florida to the FLPMA defines our mission as one of multiple San Juan Islands of Washington State. While many use and sustained yield. This means thoughtful people think of the BLM as a western agency, development in the right places to drive economic we play an active role in nearly every state in the opportunities for local communities. It also means country. In each of these places, FLPMA provides the protecting natural, cultural, and historical resources essential foundation for our work. that are simply too special to develop. And above all, it means working with a changing nation to make I hope you use and enjoy this updated publication. decisions that are balanced and forward looking. While the entire document is an incredible resource, if your time is limited, I strongly encourage you to I am incredibly proud of the BLM and what this start by reading the definitions of multiple use and team accomplishes each day. Our responsibilities sustained yield in section 103. We regularly return are wide ranging. In addition to supporting the to these two monumental ideas for inspiration and nation’s need for energy, minerals, timber, and for direction. These concepts are both far-reaching grazing lands, we offer world-class recreational and timeless, and they are well designed to carry opportunities to millions of Americans who are our nation and our public lands forward for many passionate about hunting, fishing, hiking, paddling, generations to come. and skiing. We have one of the nation’s largest and most elite firefighting operations. Our dedicated law enforcement officers help guide and protect visitors to the public lands. We play a critical role in Neil Kornze Public Law 94–579—October 21, 1976, as amended through December 19, 2014 v FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 Public Law 94-579 94th Congress An Act To establish public land policy; to establish guidelines for its administration; to provide for the management, protection, development, and enhancement of the public lands; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled Public Law 94–579—October 21, 1976, as amended through December 19, 2014 vii TABLE OF CONTENTS FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 Public Law 94–579 – 94th Congress .......................................................................v TITLE I—GENERAL PROVISIONS Sec. 101. Short title . 1 Sec. 102. Congressional declaration of policy .............................................................1 Sec. 103. Definitions . .2 Cooperative action and sharing of resources by Secretaries of the Interior and Agriculture . 4 TITLE II—LAND USE PLANNING; LAND ACQUISITION AND DISPOSITION Sec. 201. Continuing inventory and identification of public lands; preparation and maintenance ...........5 Sec. 202. Land use plans .................................................................................5 Sec. 203. Sales of public land tracts.......................................................................7 Sec. 204. Withdrawals of lands ...........................................................................9 Sec. 205. Acquisitions of public lands and access over non-Federal lands to National Forest System units ..13 Sec. 206. Exchanges of public lands or interests therein within the National Forest System ................14 Sec. 207. Qualifications of conveyees ....................................................................17 Sec. 208. Documents of conveyance; terms, covenants, etc. ..............................................17 Sec. 209. Mineral interests; reservation and conveyance requirements and procedures....................18 Sec. 210. Coordination by Secretary of the Interior with State and local governments .....................18 Sec. 211. Conveyances of public lands to States, local governments, etc. ..................................19 Sec. 212. Recreation and Public Purposes Act ............................................................20 Sec. 213. National forest townsites ......................................................................20 Sec. 214. Sale of public lands subject to unintentional trespass ...........................................21 Sec. 215. Temporary revocation authority................................................................22 TITLE III—ADMINISTRATION Sec. 301. Bureau of Land Management ..................................................................25 Sec. 302. Management of use, occupancy, and development of public lands..............................25 Sec. 303. Enforcement authority.........................................................................28 Sec. 304. Fees, charges, and commissions................................................................29 Availability of excess fees . 29 Sec. 305. Forfeitures and deposits .......................................................................30 Sec. 306. Working capital fund ..........................................................................30 Revolving fund derived from disposal of salvage timber ..................................................31 Sec. 307. Implementation provisions ....................................................................31