General Authorizing Legislation
- The following authorize the general activities of the Bureau of Land
Management or govern the manner in which BLM’s activities are conducted.
From: http://www.blm.gov/pgdata/etc/medialib/blm/national.Par.38689.File.dat/legislation.pdf
Bureau of Land Management 2007 Budget Justifications
Section III – Management of Lands and Resources
AUTHORIZATIONS
General Authorizing Legislation
- The following authorize the general activities of the Bureau of Land
Management or govern the manner in which BLM’s activities are conducted.
Reorganization Plan No. 3 of 1946, §403
Establishes the BLM.
Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1701 et seq.)
http://www4.law.cornell.edu/uscode/43/1701.html
Outlines functions of the BLM Directorate, provides for administration of public lands through the BLM, provides for
management
of the public lands on a multiple-use basis, and requires land-use
planning including public involvement and a continuing inventory of
resources. The Act establishes as public policy that, in general, the
public lands will remain in Federal ownership, and also authorizes:
• Acquisition of land or interests in lands consistent with the mission of the Department and land use plans;
• Permanent appropriation of road use fees collected from commercial road users, to be used for road maintenance;
• Collection of service charges, damages, and contributions and the use of funds for specified purposes;
• Protection of resource values;
• Preservation of certain lands in their natural condition;
• Compliance with pollution control laws;
• Delineation of boundaries in which the Federal government has right, title, or interest;
• Review of land classifications in land use planning; and modification or termination of land classifications when
consistent with land use plans;
• Sale of lands if the sale meets certain disposal criteria;
• Issuance, modification, or revocation of withdrawals;
• Review of certain withdrawals by October 1991;
• Exchange or conveyance of public lands if in the public interest;
• Outdoor recreation and human occupancy and use;
• Management of the use, occupancy, and development of the public lands through leases and permits;
• Designation of Federal personnel to carry out law enforcement responsibilities;
•
Determination of the suitability of public lands for rights-of-way
purposes (other than oil and gas pipelines) and specification of the
boundaries of each right-of-way;
• Recordation of mining claims and reception of evidence of annual assessment work.
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentType=GSA_BASIC&contentId=11165
Requires
the preparation of environmental impact statements for Federal projects
which may have a significant effect on the environment. It requires
systematic, interdisciplinary planning to ensure the integrated use of
the natural and social sciences and the environmental design arts in
making decisions about major Federal actions that may have a
significant effect on the environment.
The Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)
http://www4.law.cornell.edu/uscode/16/ch35.html
Directs
Federal agencies to ensure that their actions do not jeopardize
threatened and endangered species, and that through their authority
they help bring about the recovery of these species.
Energy Policy Act of 2005 (P.L. 109-58)
http://www.epa.gov/oust/fedlaws/publ_109-058.pdf
Directs
Federal agencies to undertake efforts to ensure energy efficiency, and
the production of secure, affordable, and reliable domestic energy.
P. L. 107-13
Authorizes the Secretary of the Interior and the Secretary of Agriculture to use funds appropriated for wildland fire
management
in the 2001 Interior and Related Agencies Appropriations Act to
reimburse the U.S. Fish and Wildlife Service and the National Marine
Fisheries Service to facilitate the interagency cooperation required
under the Endangered Species Act of 1973 in connection with wildland
fire management. Authority extended in the 2002 Interior and Related
Agencies Appropriations Act.
An Act to Amend the Reclamation Recreation Management Act of 1992 (P.L. 107-69)
Provides
for the security of dams, facilities and resources under the
jurisdiction of the Bureau of Reclamation. Authorizes the Secretary of
the Interior to authorize law enforcement personnel from the Department
of the Interior to enforce Federal laws and regulations within a
Reclamation Project or on Reclamation lands.
The Civil Service Reform Act of 1978 (5 U. S. C. 1701)
Requires
each executive agency to conduct a continuing program to eliminate the
under-representation of minorities and women in professional,
administrative, technical, clerical, and other blue collar employment
categories within the Federal services.
The Civil Rights Act of 1964, as amended (42 U.S.C. 2000)
Requires development and maintenance of affirmative action programs to ensure non-discrimination in any employment activity.
The Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520)
http://www.archives.gov/federal-register/laws/paperwork-reduction/
Provides
national Federal information policy, and requires that automatic data
processing and telecommunication technologies be acquired and used to
improve services, delivery, and productivity, and to reduce the
information processing burden for the Federal government and the
general public.
The Computer Security Act of 1987 (40 U.S.C. 759)
Requires
adoption and implementation of security plans for sensitive information
systems to ensure adequate protections and management of Federal data.
The Electronic FOIA Act of 1996 (P.L. 104-231)
http://www.usdoj.gov/oip/foia_updates/Vol_XVII_4/page2.htm
Requires that government offices make more information available in electronic format to the public.
The Information Technology Management Reform Act of 1996 (P.L. 104-106 §5001)
Requires
agencies more effectively use Information Technology to improve mission
performance and service to the public, and strengthen the quality of
decisions about technology and mission needs through integrated
planning, budgeting, and evaluation.
The Chief Financial Officers Act of 1990 (U.S.C. 501)
Requires
that a Chief Financial Officer be appointed by the Director of OMB and
that this CFO will provide for the production of complete, reliable,
timely, and consistent financial information for use by the executive
branch of the Government and the Congress in the financing, management,
and evaluation of Federal programs.
The Government Performance and Results Act of 1993 (P.L. 103-62)
Requires
10 federal agencies to launch a 3-year pilot project beginning in 1994,
to develop annual performance plans that specify measurable goals, and
produce annual reports showing how they are achieving those goals.
P.L. 101-512, November 5, 1990
Authorizes BLM to negotiate and enter into cooperative arrangements with public and private agencies, organizations,
institutions, and individuals to implement challenge cost-share programs.
Notification and Federal Employee Antidiscrimination and Retaliation Act of 2001 (P.L. 107-174)
Requires
Federal agencies be accountable for violations of antidiscrimination
and whistleblower protection laws, and for other purposes.
Safe Drinking Water Act Amendments of 1977 (42 U.S.C. 201)
Requires compliance with all Federal, State, or local statutes for
safe drinking water.
Specific
Authorizing Legislation - In addition to the above laws that provide
general authorization and parameters, a number of laws authorize
specific program activities, or activities in specific or designated
areas.
Soil, Water and Air Management
Consolidated Appropriations Act, 2005 (P.L. 108-447) – including the authorizations:
•
Watershed Restoration Projects (P.L. 106-291, Section 331, as amended
by P.L. 108-447, Division E, Section 336) - permits the Colorado State
Forest Service to perform watershed restoration and protection services
on BLM lands in the State of Colorado when similar and complementary
work is being performed on adjacent state lands.
• Snake River
Water Rights Act of 2004(P.L. 108-447, Division J, Title X) – Directs
BLM to transfer, at the selection of the Nez Perce Tribe, certain land
managed by the BLM in northern Idaho to the Bureau of Indian Affairs to
be held in trust for the Tribe. Existing rights and uses on the
selected lands remain in effect until the date of expiration of the
lease or permit. The fair market value of the parcels of land selected
by the Tribe is not to exceed $7 million.
Burnt, Malheur, Owyhee, and Powder River Basin Water Optimization Feasibility Study Act of 2001 (P.L. 107-237)
A
bill to authorize the Secretary of the Interior to conduct feasibility
studies on water optimization in the Burnt River, Malheur River, Owyhee
River, and Powder River Basins.
Colorado River Basin Salinity Control Act Amendment of 1984 (43 U.S.C. 1593)
Directs
the Department to undertake research and develop demonstration projects
to identify methods to improve the water quality of the Colorado River.
The amendment requires BLM to develop a comprehensive salinity control
program, and to undertake advanced planning on the Sinbad Valley Unit.
Soil and Water Resources Conservation Act of 1977 (16 U.S.C. 2001)
Provides for conservation, protection and enhancement of soil, water, and related resources.
The Clean Air Act of 1990, as amended (42 U.S.C. 7401, 7642)
Requires
BLM to protect air quality, maintain Federal and State designated air
quality standards, and abide by the requirements of the State
implementation plans.
The Clean Water Act of 1987, as amended (33 U.S.C. 1251)
Establishes objectives to restore and maintain the chemical, physical and biological integrity of the nation’s water.
Range Management & Riparian Management
Taylor Grazing Act of 1934 (43 U.S.C. 315), as amended by the Act of August 28, 1937 (43 U.S.C.1181d)
http://www.law.cornell.edu/uscode/43/315.html
Authorizes
the establishment of grazing districts, regulation and administration
of grazing on the public lands, and improvement of the public
rangelands. It also authorizes the Secretary to accept contributions
for the administration, protection, and improvement of grazing lands,
and establishment of a trust fund to be used for these purposes.
Public Rangelands Improvement Act of 1978 (43 U.S.C. 1901-1908)
http://caselaw.lp.findlaw.com/casecode/uscodes/43/chapters/37/sections/section_1901.html
Provides
for the improvement of range conditions to assure that rangelands
become as productive as feasible for watershed protection, livestock
grazing, wildlife habitat, and other rangeland values. The act also
authorizes:
• Research on wild horse and burro population dynamics,
and facilitates the humane adoption or disposal of excess wild free
roaming horses and burros, and
• Appropriation of $10 million or 50
percent of all moneys received as grazing fees, whichever is greater,
notwithstanding the amount of fees collected.
Bankhead Jones Farm Tenant Act of 1937 (7 U.S.C. 1010 et seq.)
Authorizes
management of acquired farm tenant lands, and construction and
maintenance of range improvements. It directs the Secretary of
Agriculture to develop a program of land conservation and utilization
to adjust land use to help control soil erosion, conduct reforestation,
preserve natural resources, develop and protect recreational
facilities, protect watersheds, and protect public health and safety.
The Federal Noxious Weed Act of 1974, as amended (7 U.S.C. 2814)
Provides
for the designation of a lead office and a person trained in the
management of undesirable plants; establishment and funding of an
undesirable plant management program; completion and implementation of
cooperative agreements with State agencies; and establishment of
integrated management systems to control undesirable plant species.
Noxious Weed Control Act of 2004 (P.L. 108-412)
Establishes
a program to provide assistance through States to eligible weed
management entities to control or eradicate harmful, nonnative weeds on
public and private lands.
Carlson-Foley Act of 1968 (42 U.S.C. 1241-1243)
Authorizes BLM to reimburse States for expenditures associated with coordinated control of noxious plants.
Cultural Resources Management P.L. 107-346 To convey certain property to the City of St. George, Utah, in order
to
provide for the protection and preservation of certain rare
paleontological resources on that property, and for other purposes.
Cultural Resources Management
P.L. 107-346
To
convey certain property to the City of St. George, Utah, in order to
provide for the protection and preservation of certain rare
paleontological resources on that property, and for other purposes.
The Federal Cave Resource Protection Act of 1988 (16 U.S.C. 4301)
Provides
for the protection of caves on lands under the jurisdiction of the
Secretary, and the Secretary of Agriculture. Establishes terms and
conditions for use permits, and penalties for violations.
The Historic Sites Act (16 U.S.C. 461)
http://www.nps.gov/history/local-law/hsact35.htm
Declares
national policy to identify and preserve historic sites, buildings,
objects, and antiquities of national significance, providing a
foundation for the National Register of Historic Places.
The National Historic Preservation Act of 1966, as amended (16 U.S.C. 470)
http://www.nps.gov/history/local-law/nhpa1966.htm
Expands
protection of historic and archaeological properties to include those
of national, State and local significance. It also directs Federal
agencies to consider the effects of proposed actions on properties
eligible for or included in the National Register of Historic Places.
The Archaeological Resources Protection Act of 1979, as amended (16 U.S.C. 470a, 470cc and
470ee)
http://www.law.cornell.edu/uscode/16/470a.html (From http://recreation.usgs.gov/env_guide/cultural.html)
Requires
permits for the excavation or removal of Federally administered
archaeological resources, encourages increased cooperation among
Federal agencies and private individuals, provides stringent criminal
and civil penalties for violations, and requires Federal agencies to
identify important resources vulnerable to looting and to develop a
tracking system for violations.
The Chacoan Culture Preservation Act of 1980 (16 U.S.C. 410; ii)
Provides
for preservation, protection, research, and interpretation of the
Chacoan system, including 33 archaeological protection sites, located
throughout the San Juan Basin on public, State, Indian and private
lands.
The Native American Graves Protection and Repatriation Act of 1990 (25 U.S.C. 3001)
Requires
agencies to inventory archaeological and ethnological collections in
their possession or control (which includes non-federal museums) for
human remains, associated funerary objects, sacred objects, and objects
of cultural patrimony; identify them geographically and culturally; and
notify appropriate tribes within 5 years.
Galisteo Basin (New Mexico) Archaeological Sites Protection Act (P.L. 108-208)
Authorizes
the Secretary of the Interior to administer the designated sites under
this Act and other laws to protect, preserve, provide for research on,
and maintain these archaeological resources.
Wild Horse and Burro Management
Wild Free Roaming Horse and Burro Act of 1971, as amended by the Public Rangelands Improvement Act of 1978 (16 U.S.C. 1331-1340), and by P.L. 108-447, Division E, Section 142
Provides
for the management, protection and control of wild horses and burros on
public lands and authorizes adoption of wild horses and burros by
private individuals.
Wildlife Management
National Fish and Wildlife Foundation Establishment Act, as amended, (16 U.S.C. 3701)
Established
the National Fish and Wildlife Foundation as a nonprofit corporation to
encourage, accept and administer private gifts of property, and to
undertake activities to further the conservation and management of
fish, wildlife, and plant resources of the U.S.
The Migratory Bird Conservation Act of 1929, as amended (16 U.S.C. 715) and treaties pertaining thereto
Provides for habitat protection and enhancement of protected migratory birds.
The Sikes Act of 1974, as amended (16 U.S.C. 670 et seq.)
Provides
for the conservation, restoration, and management of species and their
habitats in cooperation with State wildlife agencies.
Wilderness Management
The Wild and Scenic Rivers Act of 1968, as amended (16 U.S.C. 1271 et seq.)
Provides
for the development and management of certain rivers. Authorizes the
Secretary to exchange or dispose of suitable Federally-owned property
for non-Federal property within the authorized boundaries of
any Federally-administered component of the National Wild and
Scenic Rivers System.
Defense Department FY 2006 Authorization Bill (P.L. 109-63)
Provides for the designation and management of Cedar Mountain Wilderness in Utah.
Otay Mountain Wilderness Act of 1999
Establishes
the Otay Mountain Wilderness Area in California, to managed by the
Secretary, acting through the Director of the Bureau of Land Management.
Ojito Wilderness Act (P.L. 109-94)
Designates
New Mexico’s Ojito Wilderness Study Area as wilderness, to take certain
land into trust for the Pueblo of Zia, and for other purposes.
P. L. 109-163 Cedar Mountain Wilderness.
Clark County
Conservation of Public Land and Natural Resources Act of 2002 (P.L. 107-282) (16 USC 460qqq)
Establishes
Wilderness Areas, including Sloan Canyon National Conservation Area,
and to promote conservation, improve public land, and provide for high
quality development in Clark County, Nevada, and for other purposes.
P.L.
107-361 Authorizes the Secretary of the Interior to convey certain
public lands within the Sand Mountain Wilderness Study Area in Idaho to
resolve an occupancy encroachment dating back to 1971.
Big Sur Wilderness and Conservation Act of 2002 (P.L. 107-370)
Designates
certain lands in the State of California as components of the National
Wilderness Preservation System, and for other purposes.
Utah West Desert Land Exchange Act of 2000 (P.L. 106-301)
Authorizes
exchange of public lands for certain lands owned by the State of Utah
within existing and proposed Wilderness Study Areas in the West Desert
Region of Utah.
The Land Use Planning Act (P. L. 94-579), as amended by the California Desert Protection Act of
1994 (P.L. 103-433) (43 USC 1781)
Establishes
boundaries and management responsibilities for areas in the California
Desert, and establishes 69 new Wilderness Areas.
The Wilderness Act of 1964 (16 U.S.C. 1131 et seq.)
Provides for the designation and preservation of Wilderness Areas.
Alaska Conveyance
The Alaska Native Claims Settlement Act of 1971 (ANCSA) (43 U.S.C. 1612)
Requires the survey of Alaska Native lands for conveyance to Native corporations and individuals.
The Alaska Statehood Act, as amended (48 U.S.C. Chap. 2 note)
Requires the survey of lands for conveyance to the State.
The Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3101 et seq.)
Provides
for the designation and conservation of certain public lands in Alaska.
BLM responsibilities include six Wild and Scenic Rivers, nine study
rivers, one National Conservation Area, one National Recreation
Area, and one National Scenic Highway.
Alaska Land Acceleration Act of 2003 (P.L. 108-452)
Reduces
the delays that exist in the adjudication and conveyance of Alaska
Native Allotments, State and other land entitlements that are
authorized under the Alaska Native Allotment Act of 1906, the Alaska
Native Claims Act, and the Alaska Statehood Act.
Alaska Native Allotment Subdivision Act (P.L. 108- 337)
Allows Native Alaskans to subdivide their restricted allotment lands with the approval of the Secretary of the Interior.
43 U.S.C. 2
Provides
that the Secretary shall perform all executive duties pertaining to the
surveying and sale of public lands, private claims of public lands, and
the issuing of patents for all grants of land under the authority of
the Government.
43 U.S.C. 52
Provides
that the Secretary shall cause all public lands to be surveyed and
monumented, that all private land claims shall be surveyed after they
have been confirmed, and that the Secretary shall transmit plats of all
lands surveyed to such officers as he may designate.
Cadastral Survey Executive Order 12906
The
executive branch is developing, in cooperation with State, local, and
tribal governments, and the private sector, a coordinated National
Spatial Data Infrastructure to support public and private sector
applications of geospatial data. BLM is charged with developing data
standards, ensuring the capability to share cadastral data from the
Public Land Survey System of the U.S. with partners.
Land, Water Conservation Fund The Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460 et seq.)
Provides
for the establishment of the Land and Water Conservation Fund, special
BLM accounts in the Treasury, the collection and disposition of
recreation fees, the authorization for appropriation of recreation fee
receipts, and other purposes. Authorizes planning, acquisition, and
development of needed land and water areas and
facilities.
Oil & Gas Management The Act of March 3, 1909, as amended, and the Act of May 11, 1938 (25 U.S.C.
396, 396(a))
Provides
the basic mandate under which BLM supervises minerals operations on
Indian Lands. Provides that lands allotted to Indians, and unallotted
tribal Indian lands, may be leased for mining purposes, as deemed
advisable by the Secretary.
The Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701) (FOGRMA)
Comprehensive
law dealing with royalty management on Federal and Indian leases. In
addition to revenue accountability, it includes provisions pertaining
to onshore field operations, inspections, and cooperation with State
and Indian tribes; duties of lessees and other lease interest owners,
transporters, and purchasers of oil and gas;
reinstatement of
onshore leases terminated by operation of law; and a requirement that
the Secretary study whether royalties are adequate for coal, uranium,
and non-energy leasable minerals.
Energy Policy and Conservation Act Amendments of 2000 (P.L. 106-469, Section 604) –
Directs
the Secretary of the Interior, in consultation with the Secretaries of
Agriculture and Energy, to conduct an inventory of all onshore Federal
lands to determine reserve estimates of oil and gas resources
underlying the lands and the extent and nature of any impediments to
development of the oil and gas resources.
The Federal Onshore Oil and Gas Leasing Reform Act of 1987 (30 U.S.C. 226, et seq.)
Establishes a new oil and gas leasing system, and changes certain operational procedures for onshore Federal lands.
The Combined Hydrocarbon Leasing Act of 1981 (30 U.S.C. 181, 351)
Permits the owners of oil and gas leases issued after November 16, 1981, to explore, develop, and produce tar sands.
Authorizes
the issuance of combined hydrocarbon leases in specified areas
designated by the Department of the Interior on November 20, 1980.
Reorganization Plan No. 3 of 1946, §402 (60 Stat. 1099)
Transferred mineral leasing functions to the Secretary, from the Secretary of Agriculture, for certain acquired lands.
The Interior and Related Agencies Appropriations Act for 1981 (42 U.S.C. 6508)
Provides for competitive leasing of oil and gas in the National Petroleum Reserve in Alaska.
The Federal Coal Leasing Amendments Act of 1976 (30 U.S.C. 201, et seq.)
Requires
competitive leasing of coal on public lands, and mandates a broad
spectrum of coal operations requirements for lease management.
The Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a)
Establishes
policy of fostering development of economically stable mining and
minerals industries, their orderly and economic development, and
studying methods for disposal of waste and reclamation.
The Geothermal Steam Act of 1970 (30 U.S.C. 1001)
Authorizes the Secretary to issue leases for the development of geothermal resources.
The Geothermal Steam Act Amendments of 1988
Lists
significant thermal features within the National Park System requiring
protection, provides for lease extensions and continuation of leases
beyond their primary terms, and requires periodic review of cooperative
or unit plans of development.
The Act of March 3, 1879, as amended (43 U.S.C. 31(a))
Provides
for the inventory and classification of the public lands, and
examination of the geologic structure, mineral resources, and products
of the national domain.
The Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.)
Provides
that lands may be declared unsuitable for surface coal mining where
significant adverse impacts could result to certain wildlife species.
Lands & Realty Native American Technical Corrections Act of 2004 (P.L. 108-204, Title II)
Placed
in trust for the Pueblo of Santa Clara in New Mexico approximately
2,484 acres of BLM-managed land. Placed in trust for the Pueblo of San
Ildefonso in New Mexico approximately 2,000 acres of BLM-managed land.
P.L. 107-374
Direct the Secretary of the Interior to grant to Deschutes and Crook Counties, Oregon, a right-of-way to West Butte Road.
P. L. 109-46
Directs
the Secretary of Agriculture to convey certain land to Lander County,
Nevada, and the Secretary of Interior to convey certain land to Eureka
County, Nevada, for continued use of cemeteries.
P. L. 109-69
Directs
the Secretary of the Interior to convey certain land in Washoe County,
Nevada, to the Board of Regents of the University and Community College
System of Nevada.
P. L. 109-130
Directs the Secretary of the Interior to convey a parcel of real property to Beaver County, Utah.
Southern Nevada Public Land Management Act of 1998 (P.L. 105-263)
Authorizes the disposal through sale of 27,000 acres in Clark County, Nevada, the proceeds of which are distributed as follows:
(a) 5 percent for use in the general education program of the State of Nevada;
(b) 10 percent for use by Southern Nevada Water Authority for water treatment and transmission facility infrastructure
in Clark County, Nevada; and
(c)
the remaining 85 percent to be used to acquire environmentally
sensitive lands in Nevada; to make capital improvements to areas
administered by NPS, FWS and BLM in Clark County, Nevada; to develop a
multi-species habitat plan in Clark County, Nevada; to develop parks,
trails, and natural areas in Clark County, Nevada; and to provide
reimbursements for BLM costs incurred in arranging sales and exchanges
under this Act.
Consolidated Appropriations Act, 2005 (P.L. 108-447) – including the authorizations:
•
Foundation for Nevada’s Veteran’s Land Transfer Act of 2004 (P.L.
108-447, Division E, Section 144) – authorizes the transfer of public
lands from the BLM to the Veteran’s Administration for the construction
and operation of medical and related facilities.
• To Resolve a
Minor Boundary Encroachment on Lands of the Union Pacific Railroad
Company in Tipton, CA (P.L. 108-447, Division E, Section 139) –
relinquishes the Federal government’s reversionary interest in an
abandoned railroad right-of-way in order to clear the cloud on the
title of a small parcel of private land.
• Federal Land Recreation
Enhancement Act (P.L. 108-447, Division J, Title VIII) – Gives the BLM
authority to collect entrance fees at certain recreation areas for ten
years beginning in 2005.
P.L. 107-324
A bill to direct the Secretary of the Interior to convey certain land to the City of Haines, Oregon.
T’uf Shur Bien Preservation Trust Area Act (P.L. 108-7, Division F, Title IV)
Amended
FLPMA, Section 316, to require that any corrections to land conveyance
documents which affect the boundaries of land administered by a federal
agency other than the BLM be made only after consultation with, and the
approval of, the head of such other agency.
Clark County Conservation of Public Land and Natural Resources Act of 2002 (P.L. 107-282) as amended
by P.L. 108-447
Enlarges
the area in which the BLM can sell lands under the Southern Nevada
Public Land Management Act; approves a land exchange in the Red Rock
Canyon Area; designates wilderness; designates certain BLM lands for a
new airport for Las Vegas; and gives land to the State and City for
certain purposes.
P.L. 107-350
Provides for the conveyance of certain public land in Clark County, Nevada, for use as a shooting range.
P.L. 107-371
Directs
the Secretary of the Interior to disclaim any Federal interest in lands
adjacent to Spirit Lake and Twin Lakes in Idaho resulting from possible
omission of lands from an 1880 survey.
P.L. 107-138
Require
the valuation of non-tribal interest ownership of subsurface rights
within the boundaries of the Acoma Indian Reservation, and for other
purposes.
Lincoln County Lands Act of 2000 (P.L. 106-298)
Authorizes
disposal of certain Federal lands through public sale in Lincoln
County, Nevada, and provides for use of the receipts: 5 percent to the
State of Nevada, 10 percent to the County, and 85 percent to an
interest bearing account that is available for expenditure without
further appropriation..
Lincoln County Conservation, Recreation and Development Act (PL 108-424)
Addresses
a wide-range of public lands issues in Lincoln County, Nevada,
designates as wilderness 768,294 acres of BLM-managed lands and
releases from wilderness study area (WSA) status 251,965 acres of
public land. The bill also directs the BLM to dispose of up to 90,000
acres of public land and divides the proceeds 85 percent to a federal
fund and 15 percent to state and county entities, establishes utility
corridors, transfers public lands for state and county parks,
creates a 260-mile OHV trail and resolves other public lands issues.
Ivanpah Valley Airport Public Land Transfer Act (P.L. 106-145)
Authorizes
sale at fair market value of certain lands in Clark County, Nevada to
Clark County, for use as an airport. Provides that the funds be
deposited in the special account for the Southern Nevada Public Lands
Act, to be used for acquisition of private in-holdings in the Mojave
National Preserve and protection of petroglyph resources in Clark
County, Nevada.
The Burton-Santini Act (P.L. 96-586)
Authorizes
the Secretary to sell not more than 700 acres of public lands per
calendar year in and around Las Vegas, Nevada. The proceeds are to be
used to acquire environmentally sensitive lands in the Lake Tahoe Basin
of California and Nevada.
The Federal Power Act of 1920, as amended (16 U.S.C. 818)
Allows other uses of Federal waterpower withdrawals with Federal Energy Regulatory Commission approval.
The Act of May 24, 1928, as amended (49 U.S.C. App. 211-213)
Authorizes the Secretary to lease contiguous unappropriated public lands (not to exceed 2,560 acres) for a public airport.
The Airport and Airway Improvement Act of 1982 (49 U.S.C. 2215)
Authorizes conveyance of lands to public agencies for use as airports and airways.
The Engle Act of February 28, 1958 (43 U.S.C. 156)
Provides that withdrawals for the Department of Defense for more than 5,000 acres shall be made by Congress.
The Recreation and Public Purposes Act of 1926, as amended (43 U.S.C. 869)
Authorizes the Secretary to classify public lands for lease or sale for recreation or public purposes.
The R&PP Amendment Act of 1988
Provides
that suitable public lands may be made available for use as solid waste
disposal sites, in a manner that will protect the U.S. against
unforeseen liability.
The Desert Land Act of 1877 (43 U.S.C. 321-323)
Provides
authority to reclaim arid and semi-arid public lands of the western
States through individual effort and private capital.
The Act of August 30, 1949, as amended (43 U.S.C. 687(b))
Authorizes
the Secretary to dispose of public lands, and certain withdrawn Federal
lands in Alaska, that are classified as suitable for housing and
industrial or commercial purposes.
Federal Land Exchange Facilitation Act of 1988 (43 U.S.C. 1716)
Amends FLPMA to provide for the streamlining of Federal land exchange procedures.
The Arkansas-Idaho Land Exchange Act of 1992 (P.L. 102-584)
Authorizes the Secretary to enter into land exchanges for certain purposes.
The Utah School Lands Act (P.L. 103-93)
Authorizes the Secretary to enter into land exchanges for certain purposes.
Recreation Resources Management
Old Spanish Trail Recognition Act of 2002 (P.L. 107-325)
A bill to amend the National Trails System Act to designate the Old Spanish Trail as a National Historic Trail.
The 1996 Interior and Related Agencies Appropriations Act (P.L. 104-134)
Directs
the Secretary of the Interior, acting through the Bureau of Land
Management, to develop and implement a pilot recreation fee
demonstration program to determine the feasibility of cost recovery for
operation and maintenance of recreation areas and sites.
The King Range National Conservation Area Act of 1970, as amended (P.L. 91- 476) (16 U.S.C. 460y)
Provides
for management and development of the King Range National Conservation
Area for recreational and other multiple-use purposes. It authorizes
the Secretary to enter into land exchanges and to acquire lands or
interests in lands within the national conservation area.
Alaska National Interest Lands Conservation Act (P.L. 96-487) (16 USC 460mm)
Established the Steese National Conservation Area to be managed by the BLM.
National Parks and Recreation Act of 1978 Amendment (P.L. 101-628)
Establishes
the Yaquina Head Outstanding Natural Area in the State of Oregon in
order to protect the unique scenic, scientific, educational, and
recreational values of such lands. Requires the Secretary of the
Interior to develop a management plan for such Area. The Secretary of
the Interior shall manage the monument through the Bureau of Land
Management.
Arizona Desert Wilderness Act of 1990 – Title II – Designation of the Gila Box Riparian National
Conservation Area (P.L. 101-628) (16 USC 460ddd)
Establishes
the Gila Box Riparian National Conservation Area. The Secretary of the
Interior shall manage the monument through the Bureau of Land
Management.
The Snake River Birds of Prey National Conservation Area Act of 1993 (P.L. 103-64) (16 USC 460iii)
Establishes
the Snake River Birds of Prey National Conservation Area, Idaho, to
provide for the conservation, protection, and enhancement of raptor
populations, habitats, and associated natural resources and of the
scientific, cultural, and educational resources of the public lands.
Requires the Secretary of the Interior to finalize a new comprehensive
management plan for the Area. Authorizes the Secretary, acting through
the Bureau of Land Management, to establish a visitor’s center to
interpret the history and geological, ecological, natural, cultural and
other resources of the Area and biology of the raptors and their
relationships to humans.
An
Act to Establish the Red Rock Canyon National Conservation Area in
Nevada (P.L. 101- 621) as amended by 107- 282 (16 U.S.C. 460ccc)
Provides
for the conservation, protection, and enhancement of cultural and
natural resources values by the BLM within the Red Rock Canyon National
Conservation Area.
An Act to Establish the El Malpais National Monument and the El Malpais National Conservation Area in New Mexico, P.L. 100-225 (16 U.S.C. 460uu 21)
Provides
for the protection and management of natural and cultural resource
values within the El Malpais National Conservation Area by the BLM.
An Act to Provide for the Designation and Conservation of Certain Lands in Arizona and Idaho (P.L. 100-696) (16 U.S.C. 460xx)
Establishes
the San Pedro Riparian National Conservation Area in Arizona and
provides for management and development for recreation and other
multiple-use purposes.
Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (6 USC 410fff), as amended (PL 106-76 & 108-128)
Establishes
the Gunnison Gorge National Conservation Area to be managed by the
Secretary, acting through the Director of the Bureau of Land
Management. PL 108-128 amended the boundaries or the National
Conservation Area.
Black Rock Desert/High Rock Canyon Emigrant Trails National Conservation Area Act of 2000, as amended, (P.L. 106-554 & P.L. 107-63). (16 U.S.C. 460ppp)
Establishes
the Black Rock Desert/High Rock Canyon Emigrant Trails National
Conservation Area in Nevada, to be managed by the Secretary, acting
through the Director of the Bureau of Land Management.
Colorado
Canyons National Conservation Area and Black Ridge Canyon Wilderness
Act of 2000 (16 U.S.C. 460mmm, P.L. 106-353 ), as amended by P.L.
108-400 (43 USC 460mmm)
Establishes
the McInnis Canyons National Conservation Area (formerly Colorado
Canyons National Conservation Area) and Black Ridge Canyon Wilderness
Area in Colorado, to be managed by the BLM.
Las Cienegas National Conservation Area Act (P.L. 106-538) (16 U.S.C. 460ooo)
Establishes
the Las Cienegas National Conservation Area in Arizona, to be managed
by the Secretary, acting through the Director of the Bureau of Land
Management.
Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (P.L. 106-351) (16 U.S.C. 431)
Establishes
the Santa Rosa and San Jacinto Mountains National Monument in
California, to be managed by the Secretary, acting through the Director
of the Bureau of Land Management
Steens Mountain Cooperative Management and Protection Act of 2000 (P.L. 106-399) (16 U.S.C.
460nnn)
Establishes
the Steens Mountain Cooperative Management and Protection Area in
Oregon, to be managed by the Secretary, acting through the Director of
the Bureau of Land Management
Presidential Proclamation 6920 of 1996
Established
the Grand Staircase - Escalante National Monument, to be managed by the
Secretary of the Interior, acting through the Director of the Bureau of
Land Management.
Presidential Proclamation 7265 of 2000
Established
the Grand Canyon - Parashant National Monument. The Secretary of the
Interior shall manage the monument through the Bureau of Land
Management and the National Park Service. The Bureau of Land Management
shall have primary management authority for those portions of the
Monument outside of the Lake Mead National Recreation Area.
Presidential Proclamation 7264 of 2000
Established
the California Coastal National Monument. The Secretary of the Interior
shall manage the monument through the Bureau of Land Management.
Presidential Proclamation 7263 of 2000
Established the Agua Fria National Monument. The Secretary of
the Interior shall manage the monument through the Bureau of Land Management.
P.L. 107-30
Provides
further protections for the watershed of the Little Sandy River as part
of the Bull Run Watershed Management Unit, Oregon, and adds
responsibilities for the Secretary of the Interior and the Bureau of
Land Management.
The National Trails System Act of 1968, as amended (16 U.S.C. 1241- 1249)
Establishes
a national trails system and requires that Federal rights in abandoned
railroads be retained for trail or recreation purposes, or sold with
the receipts to be deposited in the LWCF.
The National Parks and Recreation Act of 1978 (16 U.S.C. 1242-1243)
Establishes a number of national historic trails which cross public lands.
P.L. 107-213
Re-designate certain lands within the Craters of the Moon National Monument, and for other purposes.
Mining Law Administration
The Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66)
Establishes
an annual $100 per claim maintenance fee for unpatented mining claims
and sites through 1998. The law allows a waiver from the fee for those
claimants who hold 10 or fewer claims. It also establishes a $25 per
claim location fee for new claims, to be paid when they are recorded
with BLM. The Act also broadened the BLM’s authority to collect
recreation use fees.
The
General Mining Law of 1872, as amended (30 U.S.C. 22, et seq.), as
amended by P.L. 108-447, Division E, Section 120, (30 U.S.C. 23 et seq.)
Provides
for locating and patenting mining claims where a discovery has been
made for locatable minerals on public lands in specified States, mostly
in the western U.S.
The Act of March 3, 1879, as amended, (43 U.S.C. 31(a))
Provides
for the inventory and classification of the public lands, and
examination of the mineral resources and products of the national
domain.
The Mining and Minerals Policy Act of 1970, (30 U.S.C. 21a) (30 U.S.C. 1601, et seq.)
Sets
out the policy of fostering development of economically stable mining
and mineral industries, and studying methods for waste disposal and
reclamation.
The Department of the Interior and Related Agencies Appropriations Act for 1989 (43 U.S.C. 1474)
Provides
that receipts for 1989 and thereafter from administrative fees (service
charges) established by the Secretary for processing actions relating
to the administration of the General Mining Laws shall be immediately
available to BLM for mining law administration program operations.
The 1994 Interior and Related Agencies Appropriations Act (P.L. 103-138)
Provides
that funds shall be available to BLM for mining law administration
program operations, to be reduced by amounts collected from annual
mining claim fees.
The 1999 Interior and Related Agencies Appropriations Act ( P.L. 105-277)
Reauthorizes
the collection of annual mining claim maintenance fees through 2001.
Extends the recreation fee demonstration program through fiscal year
2001, with collected funds remaining available through fiscal year 2004.
The 2002 Interior and Related Agencies Appropriations Act ( P.L. 107-63)
Reauthorizes
the collection of annual mining claim maintenance fees through 2003.
Extends the recreation fee demonstration program through fiscal year
2004, with collected funds remaining available through fiscal year 2007.
Hazard Management and Resource Restoration
The Resource Conservation and Recovery Act as amended by Federal Facility Compliance Act of 1992 (42 U.S.C. 6901-6992)
Authorizes
EPA to manage, by regulation, hazardous wastes on active disposal
operations. Waives sovereign immunity for Federal agencies with respect
to all Federal, State, and local solid and hazardous waste laws and
regulations. Makes Federal agencies subject to civil and administrative
penalties for violations, and to cost assessments for the
administration of the enforcement.
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended by the
Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9601-9673)
Provides
for liability, risk assessment, compensation, emergency response, and
cleanup (including the cleanup of inactive sites) for hazardous
substances. Requires Federal agencies to report sites where hazardous
wastes are or have been stored, treated, or disposed, and requires
responsible parties, including Federal agencies, to clean-up releases
of hazardous substances.
Community Environmental Response Facilitations Act of 1992 (42 U.S.C. 9620(h))
Amendment
to the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, which expands on the risk assessment
requirements for land transfers and disposal.
The Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001-11050)
Requires
the private sector to inventory chemicals and chemical products, to
report those in excess of threshold planning quantities, to inventory
emergency response equipment, to provide annual reports and support to
local and State emergency response organizations, and to maintain a
liaison with the local and state emergency response organizations and
the public.
The Pollution Prevention Act of 1990 (42 U.S.C. 13101-13109)
Requires
and encourages prevention and reduction of waste streams and other
pollution through minimization, process change, and recycling.
Encourages and requires development of new technology and markets to
meet the objectives.
Annual Maintenance
National Dam Inspection Act of 1972 (33 U.S.C. 467)
Requires
the Secretary of the Army, acting through the Chief of Engineers, to
carry out a dam inspection program to protect human life and property.
Other Authorizations
The Food Security Act of 1985 (7 U.S.C. 148f)
Provides for the transfer of funds to the Secretary of Agriculture for Mormon cricket and grasshopper control.
Indian Self Determination And Education Assistance Act (P.L. 93-638)
Provides
for non-competitive contracts, grants, or cooperative agreements
entered into between a tribal organization and the Federal government
for the planning, conduct, and administration of programs which enhance
Indian educational achievement or provide other Federal services more
responsive to the needs and desires of those communities.
Oregon Land Exchange Act of 2000 (P.L. 106-257)
Authorizes exchange of specified parcels of public and national forest lands in Oregon for specified parcels of private lands.
Healthy Forests Restoration Act (P.L. 108- 148) -
Authorized
the BLM and the U.S. Forest Service to conduct hazardous fuel reduction
projects on federal land in wildland-urban interface areas and on
certain other federal lands using expedited procedures.
P.L. 109-127
Revokes
a Public Land Order with respect to certain lands erroneously included
in the Cibola National Wildlife Refuge, California.