SUBCHAPTER III—ADMINISTRATION
§1731. Bureau of Land Management
(a) Director; appointment, qualifications, functions, and duties
The Bureau of Land Management established by Reorganization Plan Numbered 3, of 1946 shall have as its head a Director. Appointments to the position of Director shall hereafter be made by the President, by and with the advice and consent of the Senate. The Director of the Bureau shall have a broad background and substantial experience in public land and natural resource management. He shall carry out such functions and shall perform such duties as the Secretary may prescribe with respect to the management of lands and resources under his jurisdiction according to the applicable provisions of this Act and any other applicable law.
(b) Statutory transfer of functions, powers and duties relating to administration of laws
Subject to the discretion granted to him by Reorganization Plan Numbered 3 of 1950, the Secretary shall carry out through the Bureau all functions, powers, and duties vested in him and relating to the administration of laws which, on October 21, 1976, were carried out by him through the Bureau of Land Management established by section 403 of Reorganization Plan Numbered 3 of 1946. The Bureau shall administer such laws according to the provisions thereof existing as of October 21, 1976, as modified by the provisions of this Act or by subsequent law.
(c) Associate Director, Assistant Directors, and other employees; appointment and compensation
In addition to the Director, there shall be an Associate Director of the Bureau and so many Assistant Directors, and other employees, as may be necessary, who shall be appointed by the Secretary subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of
(d) Existing regulations relating to administration of laws
Nothing in this section shall affect any regulation of the Secretary with respect to the administration of laws administered by him through the Bureau on October 21, 1976.
(
Editorial Notes
References in Text
The provision of Reorg. Plan No. 3 of 1946 establishing the Bureau of Land Management, referred to in subsec. (a), is section 403 of such Reorg. Plan. Section 403 of Reorg. Plan No. 3 of 1946, also referred to in subsec. (b), is set out as a note under
This Act, referred to in subsecs. (a) and (b), is
Reorganization Plan Numbered 3 of 1950, referred to in subsec. (b), is set out under
The General Schedule, referred to in subsec. (c), is set out under
Statutory Notes and Related Subsidiaries
Use of Appropriated Funds for Protection of Lands and Surveys of Federal Lands in Alaska
1 So in original. Probably should be subchapter "III".
§1732. Management of use, occupancy, and development of public lands
(a) Multiple use and sustained yield requirements applicable; exception
The Secretary shall manage the public lands under principles of multiple use and sustained yield, in accordance with the land use plans developed by him under
(b) Easements, permits, etc., for utilization through habitation, cultivation, and development of small trade or manufacturing concerns; applicable statutory requirements
In managing the public lands, the Secretary shall, subject to this Act and other applicable law and under such terms and conditions as are consistent with such law, regulate, through easements, permits, leases, licenses, published rules, or other instruments as the Secretary deems appropriate, the use, occupancy, and development of the public lands, including, but not limited to, long-term leases to permit individuals to utilize public lands for habitation, cultivation, and the development of small trade or manufacturing concerns: Provided, That unless otherwise provided for by law, the Secretary may permit Federal departments and agencies to use, occupy, and develop public lands only through rights-of-way under
(c) Revocation or suspension provision in instrument authorizing use, occupancy or development; violation of provision; procedure applicable
The Secretary shall insert in any instrument providing for the use, occupancy, or development of the public lands a provision authorizing revocation or suspension, after notice and hearing, of such instrument upon a final administrative finding of a violation of any term or condition of the instrument, including, but not limited to, terms and conditions requiring compliance with regulations under Acts applicable to the public lands and compliance with applicable State or Federal air or water quality standard or implementation plan: Provided, That such violation occurred on public lands covered by such instrument and occurred in connection with the exercise of rights and privileges granted by it: Provided further, That the Secretary shall terminate any such suspension no later than the date upon which he determines the cause of said violation has been rectified: Provided further, That the Secretary may order an immediate temporary suspension prior to a hearing or final administrative finding if he determines that such a suspension is necessary to protect health or safety or the environment: Provided further, That, where other applicable law contains specific provisions for suspension, revocation, or cancellation of a permit, license, or other authorization to use, occupy, or develop the public lands, the specific provisions of such law shall prevail.
(d) Authorization to utilize certain public lands in Alaska for military purposes
(1) The Secretary of the Interior, after consultation with the Governor of Alaska, may issue to the Secretary of Defense or to the Secretary of a military department within the Department of Defense or to the Commandant of the Coast Guard a nonrenewable general authorization to utilize public lands in Alaska (other than within a conservation system unit or the Steese National Conservation Area or the White Mountains National Recreation Area) for purposes of military maneuvering, military training, or equipment testing not involving artillery firing, aerial or other gunnery, or other use of live ammunition or ordnance.
(2) Use of public lands pursuant to a general authorization under this subsection shall be limited to areas where such use would not be inconsistent with the plans prepared pursuant to
(A) minimize adverse impacts on the natural, environmental, scientific, cultural, and other resources and values (including fish and wildlife habitat) of the public lands involved; and
(B) minimize the period and method of such use and the interference with or restrictions on other uses of the public lands involved.
(3)(A) A general authorization issued pursuant to this subsection shall not be for a term of more than three years and shall be revoked in whole or in part, as the Secretary of the Interior finds necessary, prior to the end of such term upon a determination by the Secretary of the Interior that there has been a failure to comply with its terms and conditions or that activities pursuant to such an authorization have had or might have a significant adverse impact on the resources or values of the affected lands.
(B) Each specific use of a particular area of public lands pursuant to a general authorization under this subsection shall be subject to specific authorization by the Secretary and to appropriate terms and conditions, including such as are described in paragraph (2) of this subsection.
(4) Issuance of a general authorization pursuant to this subsection shall be subject to the provisions of
(5) To the extent that public safety may require closure to public use of any portion of the public lands covered by an authorization issued pursuant to this subsection, the Secretary of the military Department concerned or the Commandant of the Coast Guard shall take appropriate steps to notify the public concerning such closure and to provide appropriate warnings of risks to public safety.
(6) For purposes of this subsection, the term "conservation system unit" has the same meaning as specified in
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Editorial Notes
References in Text
This Act, referred to in subsec. (b), is
The Mining Law of 1872, referred to in subsec. (b), is act May 10, 1872, ch. 152,
Amendments
1988—Subsec. (d).
Statutory Notes and Executive Documents
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
Pilot Program for Native Plant Species
"(a)
"(1)
"(2)
"(A) originate from an area that is geographically proximate to a planting area; and
"(B) are environmentally adapted to and likely to become established and persist in that planting area.
"(3)
"(4)
"(5)
"(b)
"(c)
"(1) give preference to the use of locally adapted native plant materials where appropriate;
"(2) incorporate efforts to prevent, control, or eradicate the spread of invasive species;
"(3) incorporate efforts to use native plants in areas that have experienced a recent wildfire event; and
"(4) identify situations in which the use of non-native plants may be warranted.
"(d)
"(1) the National Seed Strategy of the Bureau of Land Management;
"(2) the Plant Conservation Alliance; and
"(3) the Plant Materials Centers of the Natural Resources Conservation Service.
"(e)
"(f)
"(1) the results of the pilot program carried out under subsection (b); and
"(2) the cost-effectiveness of using native plants in units of the National Park System and public land administered by the Bureau of Land Management."
Management Guidelines To Prevent Wasting of Pacific Yew
For Congressional findings relating to management guidelines to prevent wasting of Pacific yew in current and future timber sales on Federal lands, see
Executive Documents
Transfer of Functions
Enforcement functions of Secretary or other official in Department of the Interior related to compliance with land use permits for temporary use of public lands and other associated land uses, issued under
§1733. Enforcement authority
(a) Regulations for implementation of management, use, and protection requirements; violations; criminal penalties
The Secretary shall issue regulations necessary to implement the provisions of this Act with respect to the management, use, and protection of the public lands, including the property located thereon. Any person who knowingly and willfully violates any such regulation which is lawfully issued pursuant to this Act shall be fined no more than $1,000 or imprisoned no more than twelve months, or both. Any person charged with a violation of such regulation may be tried and sentenced by any United States magistrate judge designated for that purpose by the court by which he was appointed, in the same manner and subject to the same conditions and limitations as provided for in
(b) Civil actions by Attorney General for violations of regulations; nature of relief; jurisdiction
At the request of the Secretary, the Attorney General may institute a civil action in any United States district court for an injunction or other appropriate order to prevent any person from utilizing public lands in violation of regulations issued by the Secretary under this Act.
(c) Contracts for enforcement of Federal laws and regulations by local law enforcement officials; procedure applicable; contract requirements and implementation
(1) When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such laws and regulations. The Secretary shall negotiate on reasonable terms with such officials who have authority to enter into such contracts to enforce such Federal laws and regulations. In the performance of their duties under such contracts such officials and their agents are authorized to carry firearms; execute and serve any warrant or other process issued by a court or officer of competent jurisdiction; make arrests without warrant or process for a misdemeanor he has reasonable grounds to believe is being committed in his presence or view, or for a felony if he has reasonable grounds to believe that the person to be arrested has committed or is committing such felony; search without warrant or process any person, place, or conveyance according to any Federal law or rule of law; and seize without warrant or process any evidentiary item as provided by Federal law. The Secretary shall provide such law enforcement training as he deems necessary in order to carry out the contracted for responsibilities. While exercising the powers and authorities provided by such contract pursuant to this section, such law enforcement officials and their agents shall have all the immunities of Federal law enforcement officials.
(2) The Secretary may authorize Federal personnel or appropriate local officials to carry out his law enforcement responsibilities with respect to the public lands and their resources. Such designated personnel shall receive the training and have the responsibilities and authority provided for in paragraph (1) of this subsection.
(d) Cooperation with regulatory and law enforcement officials of any State or political subdivision in enforcement of laws or ordinances
In connection with the administration and regulation of the use and occupancy of the public lands, the Secretary is authorized to cooperate with the regulatory and law enforcement officials of any State or political subdivision thereof in the enforcement of the laws or ordinances of such State or subdivision. Such cooperation may include reimbursement to a State or its subdivision for expenditures incurred by it in connection with activities which assist in the administration and regulation of use and occupancy of the public lands.
(e) Uniformed desert ranger force in California Desert Conservation Area; establishment; enforcement of Federal laws and regulations
Nothing in this section shall prevent the Secretary from promptly establishing a uniformed desert ranger force in the California Desert Conservation Area established pursuant to
(f) Applicability of other Federal enforcement provisions
Nothing in this Act shall be construed as reducing or limiting the enforcement authority vested in the Secretary by any other statute.
(g) Unlawful activities
The use, occupancy, or development of any portion of the public lands contrary to any regulation of the Secretary or other responsible authority, or contrary to any order issued pursuant to any such regulation, is unlawful and prohibited.
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Editorial Notes
References in Text
This Act, referred to in subsecs. (a), (b), and (f), is
Statutory Notes and Related Subsidiaries
Change of Name
"United States magistrate judge" substituted for "United States magistrate" in subsec. (a) pursuant to section 321 of
Modification of Regulations Relating to Mining Operations on Public Lands; Posting of Reclamation Bond for All Operations Involving Significant Surface Disturbance
§1734. Fees, charges, and commissions
(a) Authority to establish and modify
Notwithstanding any other provision of law, the Secretary may establish reasonable filing and service fees and reasonable charges, and commissions with respect to applications and other documents relating to the public lands and may change and abolish such fees, charges, and commissions.
(b) Deposits for payments to reimburse reasonable costs of United States
The Secretary is authorized to require a deposit of any payments intended to reimburse the United States for reasonable costs with respect to applications and other documents relating to such lands. The moneys received for reasonable costs under this subsection shall be deposited with the Treasury in a special account and are hereby authorized to be appropriated and made available until expended. As used in this section "reasonable costs" include, but are not limited to, the costs of special studies; environmental impact statements; monitoring construction, operation, maintenance, and termination of any authorized facility; or other special activities. In determining whether costs are reasonable under this section, the Secretary may take into consideration actual costs (exclusive of management overhead), the monetary value of the rights or privileges sought by the applicant, the efficiency to the government processing involved, that portion of the cost incurred for the benefit of the general public interest rather than for the exclusive benefit of the applicant, the public service provided, and other factors relevant to determining the reasonableness of the costs.
(c) Refunds
In any case where it shall appear to the satisfaction of the Secretary that any person has made a payment under any statute relating to the sale, lease, use, or other disposition of public lands which is not required or is in excess of the amount required by applicable law and the regulations issued by the Secretary, the Secretary, upon application or otherwise, may cause a refund to be made from applicable funds.
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Statutory Notes and Related Subsidiaries
Filing Fees for Applications for Noncompetitive Oil and Gas Leases; Study and Report of Rental Charges on Oil and Gas Leases
"(1) Notwithstanding any other provision of law, effective October 1, 1981, all applications for noncompetitive oil and gas leases shall be accompanied by a filing fee of not less than $25 for each such application: Provided, That any increase in the filing fee above $25 shall be established by regulation and subject to the provisions of the Act of August 31, 1951 (
"(2) The Secretary of the Interior is hereby directed to conduct a study and report to Congress within one year of the date of enactment of this Act [Aug. 13, 1981], regarding the current annual rental charges on all noncompetitive oil and gas leases to investigate the feasibility and effect of raising such rentals."
§1734a. Availability of excess fees
In fiscal year 1997 and thereafter, all fees, excluding mining claim fees, in excess of the fiscal year 1996 collections established by the Secretary of the Interior under the authority of
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Editorial Notes
Codification
Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1997, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
§1735. Forfeitures and deposits
(a) Credit to separate account in Treasury; appropriation and availability
Any moneys received by the United States as a result of the forfeiture of a bond or other security by a resource developer or purchaser or permittee who does not fulfill the requirements of his contract or permit or does not comply with the regulations of the Secretary; or as a result of a compromise or settlement of any claim whether sounding in tort or in contract involving present or potential damage to the public lands shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made available, until expended as the Secretary may direct, to cover the cost to the United States of any improvement, protection, or rehabilitation work on those public lands which has been rendered necessary by the action which has led to the forfeiture, compromise, or settlement.
(b) Expenditure of moneys collected administering Oregon and California Railroad and Coos Bay Wagon Road Grant lands
Any moneys collected under this Act in connection with lands administered under the Act of August 28, 1937 (
(c) Refunds
If any portion of a deposit or amount forfeited under this Act is found by the Secretary to be in excess of the cost of doing the work authorized under this Act, the Secretary, upon application or otherwise, may cause a refund of the amount in excess to be made from applicable funds.
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Editorial Notes
References in Text
This Act, referred to in subsecs. (b) and (c), is
Act of August 28, 1937 (
Statutory Notes and Related Subsidiaries
Availability of Funds for Improvement, Protection, or Rehabilitation of Damaged Public Lands
Similar provisions were contained in the following appropriation acts:
1 See References in Text note below.
§1736. Working capital fund
(a) Establishment; availability of fund
There is hereby established a working capital fund for the management of the public lands. This fund shall be available without fiscal year limitation for expenses necessary for furnishing, in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and regulations promulgated thereunder, supplies and equipment services in support of Bureau programs, including but not limited to, the purchase or construction of storage facilities, equipment yards, and related improvements and the purchase, lease, or rent of motor vehicles, aircraft, heavy equipment, and fire control and other resource management equipment within the limitations set forth in appropriations made to the Secretary for the Bureau.
(b) Initial funding; subsequent transfers
The initial capital of the fund shall consist of appropriations made for that purpose together with the fair and reasonable value at the fund's inception of the inventories, equipment, receivables, and other assets, less the liabilities, transferred to the fund. The Secretary is authorized to make such subsequent transfers to the fund as he deems appropriate in connection with the functions to be carried on through the fund.
(c) Payments credited to fund; amount; advancement or reimbursement
The fund shall be credited with payments from appropriations, and funds of the Bureau, other agencies of the Department of the Interior, other Federal agencies, and other sources, as authorized by law, at rates approximately equal to the cost of furnishing the facilities, supplies, equipment, and services (including depreciation and accrued annual leave). Such payments may be made in advance in connection with firm orders, or by way of reimbursement.
(d) Authorization of appropriations
There is hereby authorized to be appropriated a sum not to exceed $3,000,000 as initial capital of the working capital fund.
(
Editorial Notes
Codification
In subsec. (a), "chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" substituted for "the Federal Property and Administrative Services Act of 1949 (
§1736a. Revolving fund derived from disposal of salvage timber
There is hereby established in the Treasury of the United States a special fund to be derived on and after October 5, 1992, from the Federal share of moneys received from the disposal of salvage timber prepared for sale from the lands under the jurisdiction of the Bureau of Land Management, Department of the Interior. The money in this fund shall be immediately available to the Bureau of Land Management without further appropriation, for the purposes of planning and preparing salvage timber for disposal, the administration of salvage timber sales, and subsequent site preparation and reforestation.
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Editorial Notes
Codification
Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1993, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Distribution of Receipts
Title I of
§1737. Implementation provisions
(a) Investigations, studies, and experiments
The Secretary may conduct investigations, studies, and experiments, on his own initiative or in cooperation with others, involving the management, protection, development, acquisition, and conveying of the public lands.
(b) Contracts and cooperative agreements
Subject to the provisions of applicable law, the Secretary may enter into contracts and cooperative agreements involving the management, protection, development, and sale of public lands.
(c) Contributions and donations of money, services, and property
The Secretary may accept contributions or donations of money, services, and property, real, personal, or mixed, for the management, protection, development, acquisition, and conveying of the public lands, including the acquisition of rights-of-way for such purposes. He may accept contributions for cadastral surveying performed on federally controlled or intermingled lands. Moneys received hereunder shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made available until expended, as the Secretary may direct, for payment of expenses incident to the function toward the administration of which the contributions were made and for refunds to depositors of amounts contributed by them in specific instances where contributions are in excess of their share of the cost.
(d) Recruitment of volunteers
The Secretary may recruit, without regard to the civil service classification laws, rules, or regulations, the services of individuals contributed without compensation as volunteers for aiding in or facilitating the activities administered by the Secretary through the Bureau of Land Management.
(e) Restrictions on activities of volunteers
In accepting such services of individuals as volunteers, the Secretary—
(1) shall not permit the use of volunteers in hazardous duty or law enforcement work, or in policymaking processes or to displace any employee; and
(2) may provide for services or costs incidental to the utilization of volunteers, including transportation, supplies, lodging, subsistence, recruiting, training, and supervision.
(f) Federal employment status of volunteers
Volunteers shall not be deemed employees of the United States except for the purposes of—
(1) the tort claims provisions of title 28;
(2) sub
(3) claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of
(g) Authorization of appropriations
Effective with fiscal years beginning after September 30, 1984, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of subsection (d), but not more than $250,000 may be appropriated for any one fiscal year.
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Editorial Notes
Amendments
1990—Subsec. (f).
1984—Subsecs. (d) to (g).
1 So in original. Probably should be subchapter "I".
§1738. Contracts for surveys and resource protection; renewals; funding requirements
(a) The Secretary is authorized to enter into contracts for the use of aircraft, and for supplies and services, prior to the passage of an appropriation therefor, for airborne cadastral survey and resource protection operations of the Bureau. He may renew such contracts annually, not more than twice, without additional competition. Such contracts shall obligate funds for the fiscal years in which the costs are incurred.
(b) Each such contract shall provide that the obligation of the United States for the ensuing fiscal years is contingent upon the passage of an applicable appropriation, and that no payment shall be made under the contract for the ensuing fiscal years until such appropriation becomes available for expenditure.
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§1739. Advisory councils
(a) Establishment; membership; operation
The Secretary shall establish advisory councils of not less than ten and not more than fifteen members appointed by him from among persons who are representative of the various major citizens' interests concerning the problems relating to land use planning or the management of the public lands located within the area for which an advisory council is established. At least one member of each council shall be an elected official of general purpose government serving the people of such area. To the extent practicable there shall be no overlap or duplication of such councils. Appointments shall be made in accordance with rules prescribed by the Secretary. The establishment and operation of an advisory council established under this section shall conform to the requirements of
(b) Meetings
Notwithstanding the provisions of subsection (a) of this section, each advisory council established by the Secretary under this section shall meet at least once a year with such meetings being called by the Secretary.
(c) Travel and per diem payments
Members of advisory councils shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary.
(d) Functions
An advisory council may furnish advice to the Secretary with respect to the land use planning, classification, retention, management, and disposal of the public lands within the area for which the advisory council is established and such other matters as may be referred to it by the Secretary.
(e) Public participation; procedures applicable
In exercising his authorities under this Act, the Secretary, by regulation, shall establish procedures, including public hearings where appropriate, to give the Federal, State, and local governments and the public adequate notice and an opportunity to comment upon the formulation of standards and criteria for, and to participate in, the preparation and execution of plans and programs for, and the management of, the public lands.
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Editorial Notes
References in Text
This Act, referred to in subsec. (e), is
Amendments
2022—Subsec. (a).
1978—Subsec. (a).
Statutory Notes and Related Subsidiaries
Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided for by law. See
§1740. Rules and regulations
The Secretary, with respect to the public lands, shall promulgate rules and regulations to carry out the purposes of this Act and of other laws applicable to the public lands, and the Secretary of Agriculture, with respect to lands within the National Forest System, shall promulgate rules and regulations to carry out the purposes of this Act. The promulgation of such rules and regulations shall be governed by the provisions of
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Editorial Notes
References in Text
This Act, referred to in text, is
§1741. Annual reports
(a) Purpose; time for submission
For the purpose of providing information that will aid Congress in carrying out its oversight responsibilities for public lands programs and for other purposes, the Secretary shall prepare a report in accordance with subsections (b) and (c) and submit it to the Congress no later than one hundred and twenty days after the end of each fiscal year beginning with the report for fiscal year 1979.
(b) Format
A list of programs and specific information to be included in the report as well as the format of the report shall be developed by the Secretary after consulting with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and shall be provided to the committees prior to the end of the second quarter of each fiscal year.
(c) Contents
The report shall include, but not be limited to, program identification information, program evaluation information, and program budgetary information for the preceding current and succeeding fiscal years.
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Editorial Notes
Amendments
1994—Subsec. (b).
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 9th item on page 112 identifies a reporting provision which, as subsequently amended, is contained in this section), see section 3003 of
§1742. Search, rescue, and protection forces; emergency situations authorizing hiring
Where in his judgment sufficient search, rescue, and protection forces are not otherwise available, the Secretary is authorized in cases of emergency to incur such expenses as may be necessary (a) in searching for and rescuing, or in cooperating in the search for and rescue of, persons lost on the public lands, (b) in protecting or rescuing, or in cooperating in the protection and rescue of, persons or animals endangered by an act of God, and (c) in transporting deceased persons or persons seriously ill or injured to the nearest place where interested parties or local authorities are located.
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§1742a. Good Samaritan Search and Recovery Act
(a) Definitions
In this section:
(1) Eligible
The term "eligible", with respect to an organization or individual, means that the organization or individual, respectively, is—
(A) acting in a not-for-profit capacity; and
(B) composed entirely of members who, at the time of the good Samaritan search-and-recovery mission, have attained the age of majority under the law of the State where the mission takes place.
(2) Good Samaritan search-and-recovery mission
The term "good Samaritan search-and-recovery mission" means a search conducted by an eligible organization or individual for 1 or more missing individuals believed to be deceased at the time that the search is initiated.
(3) Secretary
The term "Secretary" means the Secretary or the Secretary of Agriculture, as applicable.
(b) Process
(1) In general
Each Secretary shall develop and implement a process to expedite access to Federal land under the administrative jurisdiction of the Secretary for eligible organizations and individuals to request access to Federal land to conduct good Samaritan search-and-recovery missions.
(2) Inclusions
The process developed and implemented under this subsection shall include provisions to clarify that—
(A) an eligible organization or individual granted access under this section—
(i) shall be acting for private purposes; and
(ii) shall not be considered to be a Federal volunteer;
(B) an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered to be a volunteer under
(C)
(D)
(c) Release of Federal Government from liability
The Secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing Federal land under this section, if the eligible organization or individual—
(1) acknowledges and consents, in writing, to the provisions described in subparagraphs (A) through (D) of subsection (b)(2); and
(2) signs a waiver releasing the Federal Government from all liability relating to the access granted under this section and agrees to indemnify and hold harmless the United States from any claims or lawsuits arising from any conduct by the eligible organization or individual on Federal land.
(d) Approval and denial of requests
(1) In general
The Secretary shall notify an eligible organization or individual of the approval or denial of a request by the eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section by not later than 48 hours after the request is made.
(2) Denials
If the Secretary denies a request from an eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or individual of—
(A) the reason for the denial of the request; and
(B) any actions that the eligible organization or individual can take to meet the requirements for the request to be approved.
(e) Partnerships
Each Secretary shall develop search-and-recovery-focused partnerships with search-and-recovery organizations—
(1) to coordinate good Samaritan search-and-recovery missions on Federal land under the administrative jurisdiction of the Secretary; and
(2) to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of the Secretary.
(f) Report
Not later than 180 days after March 12, 2019, the Secretaries shall submit to Congress a joint report describing—
(1) plans to develop partnerships described in subsection (e)(1); and
(2) efforts carried out to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of each Secretary pursuant to subsection (e)(2).
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Editorial Notes
Codification
Section was enacted as part of the John D. Dingell, Jr. Conservation, Management, and Recreation Act, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definition of "Secretary"
Secretary means the Secretary of the Interior, see section 2 of
§1743. Disclosure of financial interests by officers or employees
(a) Annual written statement; availability to public
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,
shall, beginning on February 1, 1977, annually file with the Secretary a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public.
(b) Implementation of requirements
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) Exempted personnel
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) Violations; criminal penalties
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.
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Editorial Notes
References in Text
This Act, referred to in subsec. (a)(1), (2), is
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For 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
§1744. Recordation of mining claims
(a) Filing requirements
The owner of an unpatented lode or placer mining claim located prior to October 21, 1976, shall, within the three-year period following October 21, 1976 and prior to December 31 of each year thereafter, file the instruments required by paragraphs (1) and (2) of this subsection. The owner of an unpatented lode or placer mining claim located after October 21, 1976 shall, prior to December 31 of each year following the calendar year in which the said claim was located, file the instruments required by paragraphs (1) and (2) of this subsection:
(1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon, on 1 a detailed report provided by
(2) File in the office of the Bureau designated by the Secretary a copy of the official record of the instrument filed or recorded pursuant to paragraph (1) of this subsection, including a description of the location of the mining claim sufficient to locate the claimed lands on the ground.
(b) Additional filing requirements
The owner of an unpatented lode or placer mining claim or mill or tunnel site located prior to October 21, 1976 shall, within the three-year period following October 21, 1976, file in the office of the Bureau designated by the Secretary a copy of the official record of the notice of location or certificate of location, including a description of the location of the mining claim or mill or tunnel site sufficient to locate the claimed lands on the ground. The owner of an unpatented lode or placer mining claim or mill or tunnel site located after October 21, 1976 shall, within ninety days after the date of location of such claim, file in the office of the Bureau designated by the Secretary a copy of the official record of the notice of location or certificate of location, including a description of the location of the mining claim or mill or tunnel site sufficient to locate the claimed lands on the ground.
(c) Failure to file as constituting abandonment; defective or untimely filing
The failure to file such instruments as required by subsections (a) and (b) shall be deemed conclusively to constitute an abandonment of the mining claim or mill or tunnel site by the owner; but it shall not be considered a failure to file if the instrument is defective or not timely filed for record under other Federal laws permitting filing or recording thereof, or if the instrument is filed for record by or on behalf of some but not all of the owners of the mining claim or mill or tunnel site.
(d) Validity of claims, waiver of assessment, etc., as unaffected
Such recordation or application by itself shall not render valid any claim which would not be otherwise valid under applicable law. Nothing in this section shall be construed as a waiver of the assessment and other requirements of such law.
(
1 So in original. Probably should be "or".
§1745. Disclaimer of interest in lands
(a) Issuance of recordable document; criteria
After consulting with any affected Federal agency, the Secretary is authorized to issue a document of disclaimer of interest or interests in any lands in any form suitable for recordation, where the disclaimer will help remove a cloud on the title of such lands and where he determines (1) a record interest of the United States in lands has terminated by operation of law or is otherwise invalid; or (2) the lands lying between the meander line shown on a plat of survey approved by the Bureau or its predecessors and the actual shoreline of a body of water are not lands of the United States; or (3) accreted, relicted, or avulsed lands are not lands of the United States.
(b) Procedures applicable
No document or disclaimer shall be issued pursuant to this section unless the applicant therefor has filed with the Secretary an application in writing and notice of such application setting forth the grounds supporting such application has been published in the Federal Register at least ninety days preceding the issuance of such disclaimer and until the applicant therefor has paid to the Secretary the administrative costs of issuing the disclaimer as determined by the Secretary. All receipts shall be deposited to the then-current appropriation from which expended.
(c) Construction as quit-claim deed from United States
Issuance of a document of disclaimer by the Secretary pursuant to the provisions of this section and regulations promulgated hereunder shall have the same effect as a quit-claim deed from the United States.
(
§1746. Correction of conveyance documents
The Secretary may correct patents or documents of conveyance issued pursuant to
(
Editorial Notes
Amendments
2003—
§1747. Loans to States and political subdivisions; purposes; amounts; allocation; terms and conditions; interest rate; security; limitations; forebearance for benefit of borrowers; recordkeeping requirements; discrimination prohibited; deposit of receipts
(1) The Secretary is authorized to make loans to States and their political subdivisions in order to relieve social or economic impacts occasioned by the development of minerals leased in such States pursuant to the Act of February 25, 1920, as amended [
(2) The total amount of loans outstanding pursuant to this section for any State and political subdivisions thereof in any year shall be not more than the anticipated mineral leasing revenues to be received by that State pursuant to section 35 of the Act of February 25, 1920, as amended [
(3) The Secretary, after consultation with the Governors of the affected States, shall allocate such loans among the States and their political subdivisions in a fair and equitable manner, giving priority to those States and subdivisions suffering the most severe impacts.
(4) Loans made pursuant to this section shall be subject to such terms and conditions as the Secretary determines necessary to assure the achievement of the purpose of this section. The Secretary shall promulgate such regulations as may be necessary to carry out the provisions of this section no later than three months after August 20, 1978.
(5) Loans made pursuant to this section shall bear interest equivalent to the lowest interest rate paid on an issue of at least $1,000,000 of tax exempt bonds of such State or any agency thereof within the preceding calendar year.
(6) Any loan made pursuant to this section shall be secured only by a pledge of the revenues received by the State or the political subdivision thereof pursuant to section 35 of the Act of February 25, 1920, as amended [
(7) Notwithstanding any other provision of law, loans made pursuant to this section may be used for the non-Federal share of the aggregate cost of any project or program otherwise funded by the Federal Government which requires a non-Federal share for such project or program and which provides planning or public facilities otherwise eligible for assistance under this section.
(8) Nothing in this section shall be construed to preclude any forebearance 1 for the benefit of the borrower including loan restructuring, which may be determined by the Secretary as justified by the failure of anticipated mineral development or related revenues to materialize as expected when the loan was made pursuant to this section.
(9) Recipients of loans made pursuant to this section shall keep such records as the Secretary shall prescribe by regulation, including records which fully disclose the disposition of the proceeds of such assistance and such other records as the Secretary may require to facilitate an effective audit. The Secretary and the Comptroller General of the United States or their duly authorized representatives shall have access, for the purpose of audit, to such records.
(10) No person in the United States shall, on the grounds of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or part with funds made available under this section.
(11) All amounts collected in connection with loans made pursuant to this section, including interest payments or repayments of principal on loans, fees, and other moneys, derived in connection with this section, shall be deposited in the Treasury as miscellaneous receipts.
(
Editorial Notes
References in Text
Act of February 25, 1920, as amended, referred to in par. (1), is act Feb. 25, 1920, ch. 85,
Codification
Section is comprised of subsec. (c) of section 317 of
Amendments
1978—Pars. (1) and (2).
Pars. (3) to (11).
§1748. Funding requirements
(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
(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
(
Editorial Notes
References in Text
This Act, referred to in subsec. (a), is
Codification
In subsec. (b), "
Amendments
1996—Subsec. (a).
§1748a. FLAME Wildfire Suppression Reserve Funds
(a) Definitions
In this section:
(1) Federal land
The term "Federal land" means—
(A) public land, as defined in
(B) units of the National Park System;
(C) refuges of the National Wildlife Refuge System;
(D) land held in trust by the United States for the benefit of Indian tribes or members of an Indian tribe; and
(E) land in the National Forest System, as defined in
(2) FLAME Fund
The term "FLAME Fund" means a FLAME Wildfire Suppression Reserve Fund established by subsection (b).
(3) Relevant congressional committees
The term "relevant congressional committees" means the Committee on Appropriations, the Committee on Natural Resources, and the Committee on Agriculture of the House of Representatives and the Committee on Appropriations, the Committee on Energy and Natural Resources, and the Committee on Indian Affairs of the Senate.
(4) Secretary concerned
The term "Secretary concerned" means—
(A) the Secretary of the Interior, with respect to—
(i) Federal land described in subparagraphs (A), (B), (C), and (D) of paragraph (1); and
(ii) the FLAME Fund established for the Department of the Interior; and
(B) the Secretary of Agriculture, with respect to—
(i) National Forest System land; and
(ii) the FLAME Fund established for the Department of the Agriculture.
(b) Establishment of FLAME Funds
There is established in the Treasury of the United States the following accounts:
(1) The FLAME Wildfire Suppression Reserve Fund for the Department of the Interior.
(2) The FLAME Wildfire Suppression Reserve Fund for the Department of Agriculture.
(c) Purpose of FLAME Funds
The FLAME Funds shall be available to cover the costs of large or complex wildfire events and as a reserve when amounts provided for wildfire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts are exhausted.
(d) Funding
(1) Credits to funds
A FLAME Fund shall consist of the following:
(A) Such amounts as are appropriated to that FLAME Fund.
(B) Such amounts as are transferred to that FLAME Fund under paragraph (5).
(2) Authorization of appropriations
(A) Authorization of appropriations
There are authorized to be appropriated to the FLAME Funds such amounts as are necessary to carry out this section.
(B) Congressional intent
It is the intent of Congress that, for fiscal year 2011 and each fiscal year thereafter, the amounts requested by the President for a FLAME Fund should be not less than the amount estimated by the Secretary concerned as the amount necessary for that fiscal year for wildfire suppression activities of the Secretary that meet the criteria specified in subsection (e)(2)(B)(i).
(C) Sense of Congress on designation of flame fund appropriations, supplemental funding request, and supplement to other suppression funding
It is the sense of Congress that for fiscal year 2011 and each fiscal year thereafter—
(i) amounts appropriated to a FLAME Fund in excess of the amount estimated by the Secretary concerned as the amount necessary for that fiscal year for wildfire suppression activities of the Secretary that meet the criteria specified in subsection (e)(2)(B)(i) should be designated as amounts necessary to meet emergency needs;
(ii) the Secretary concerned should promptly make a supplemental request for additional funds to replenish the FLAME Fund if the Secretary determines that the FLAME Fund will be exhausted within 30 days; and
(iii) funding made available through the FLAME Fund should be used to supplement the funding otherwise appropriated to the Secretary concerned for wildfire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts.
(3) Availability
Amounts in a FLAME Fund shall remain available to the Secretary concerned until expended.
(4) Notice of insufficient funds
The Secretary concerned shall notify the relevant congressional committees if the Secretary estimates that only 60 days worth of funds remain in the FLAME Fund administered by that Secretary.
(5) Transfer authority
If a FLAME Fund has insufficient funds, the Secretary concerned administering the other FLAME Fund may transfer amounts to the FLAME Fund with insufficient funds. Not more than $100,000,000 may be transferred from a FLAME Fund during any fiscal year under this authority.
(e) Use of FLAME Fund
(1) In general
Subject to paragraphs (2) and (3), amounts in a FLAME Fund shall be available to the Secretary concerned to transfer to the Wildland Fire Management appropriation account of that Secretary to pay the costs of wildfire suppression activities of that Secretary that are separate from amounts for wildfire suppression activities annually appropriated to that Secretary under the Wildland Fire Management appropriation account of that Secretary.
(2) Declaration required
(A) In general
Amounts in a FLAME Fund shall be available for transfer under paragraph (1) only after that Secretary concerned issues a declaration that a wildfire suppression event is eligible for funding from the FLAME Fund.
(B) Declaration criteria
A declaration by the Secretary concerned under subparagraph (A) may be issued only if—
(i) in the case of an individual wildfire incident—
(I) the fire covers 300 or more acres; or
(II) the Secretary concerned determines that the fire has required an emergency Federal response based on the significant complexity, severity, or threat posed by the fire to human life, property, or resources; or
(ii) the cumulative costs of wildfire suppression and Federal emergency response activities for the Secretary concerned will exceed, within 30 days, all of the amounts previously appropriated (including amounts appropriated under an emergency designation, but excluding amounts appropriated to the FLAME Fund) to the Secretary concerned for wildfire suppression and Federal emergency response.
(3) State, private, and tribal land
Use of a FLAME Fund for emergency wildfire suppression activities on State land, private land, and tribal land shall be consistent with any existing agreements in which the Secretary concerned has agreed to assume responsibility for wildfire suppression activities on the land.
(f) Treatment of anticipated and predicted activities
For fiscal year 2011 and subsequent fiscal years, the Secretary concerned shall request funds within the Wildland Fire Management appropriation account of that Secretary for regular wildfire suppression activities that do not meet the criteria specified in subsection (e)(2)(B)(i).
(g) Prohibition on other transfers
The Secretary concerned may not transfer funds from non-fire accounts to the Wildland Fire Management appropriation account of that Secretary unless amounts in the FLAME Fund of that Secretary and any amounts appropriated to that Secretary for the purpose of wildfire suppression will be exhausted within 30 days.
(h) Accounting and reports
(1) Accounting and reporting requirements
The Secretary concerned shall account and report on amounts transferred from the respective FLAME Fund in a manner that is consistent with existing National Fire Plan reporting procedures.
(2) Annual report
The Secretary concerned shall submit to the relevant congressional committees and make available to the public an annual report that—
(A) describes the obligation and expenditure of amounts transferred from the FLAME Fund; and
(B) includes any recommendations that the Secretary concerned may have to improve the administrative control and oversight of the FLAME Fund.
(3) Estimates of wildfire suppression costs to improve budgeting and funding
(A) In general
Consistent with the schedule provided in subparagraph (C), the Secretary concerned shall submit to the relevant congressional committees an estimate of anticipated wildfire suppression costs for the applicable fiscal year.
(B) Independent review
The methodology for developing the estimates under subparagraph (A) shall be subject to periodic independent review to ensure compliance with subparagraph (D).
(C) Schedule
The Secretary concerned shall submit an estimate under subparagraph (A) during—
(i) the first week of March of each year;
(ii) the first week of May of each year;
(iii) the first week of July of each year; and
(iv) if a bill making appropriations for the Department of the Interior and the Forest Service for the following fiscal year has not been enacted by September 1, the first week of September of each year.
(D) Requirements
An estimate of anticipated wildfire suppression costs shall be developed using the best available—
(i) climate, weather, and other relevant data; and
(ii) models and other analytic tools.
(i) Termination of authority
The authority of the Secretary concerned to use the FLAME Fund established for that Secretary shall terminate at the end of the third fiscal year in which no appropriations to, or withdrawals from, that FLAME Fund have been made for a period of three consecutive fiscal years. Upon termination of such authority, any amounts remaining in the affected FLAME Fund shall be transferred to, and made a part of, the Wildland Fire Management appropriation account of the Secretary concerned for wildland suppression activities.
(
Editorial Notes
Codification
Section was enacted as part of the Federal Land Assistance, Management, and Enhancement Act of 2009, also known as the FLAME Act of 2009, and also as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
§1748a–1. Request for additional wildfire suppression funds
If the amount provided for wildfire suppression operations for that fiscal year will be exhausted within 30 calendar days, the Secretary of the Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, shall promptly submit a request to Congress for supplemental appropriations.
(
Editorial Notes
Codification
Section was enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
§1748a–2. Reporting requirements
(a) In general
Not later than 90 days after the end of the fiscal year for which additional new budget authority is used, pursuant to
(1) prepare an annual report with respect to the additional new budget authority;
(2) submit to the Committees on Appropriations, the Budget, and Natural Resources of the House of Representatives and the Committees on Appropriations, the Budget, and Energy and Natural Resources of the Senate the annual report prepared under paragraph (1); and
(3) make the report prepared under paragraph (1) available to the public.
(b) Components
The annual report prepared under subsection (a)(1) shall—
(1) document obligations and outlays of the additional new budget authority for wildfire suppression operations;
(2) identify risk-based factors that influenced management decisions with respect to wildfire suppression operations;
(3) analyze a statistically significant sample of large fires, including an analysis for each fire of—
(A) cost drivers;
(B) the effectiveness of risk management techniques and whether fire operations strategy tracked the risk assessment;
(C) any resulting ecological or other benefits to the landscape;
(D) the impact of investments in wildfire suppression operations preparedness;
(E) effectiveness of wildfire suppression operations, including an analysis of resources lost versus dollars invested;
(F) effectiveness of any fuel treatments on fire behavior and suppression expenditures;
(G) levels of exposure experienced by firefighters;
(H) suggested corrective actions; and
(I) any other factors the Secretary of the Interior or Secretary of Agriculture (as applicable) determines to be appropriate;
(4) include an accounting of overall fire management and spending by the Department of the Interior or the Department of Agriculture, which shall be analyzed by fire size, cost, regional location, and other factors;
(5) describe any lessons learned in the conduct of wildfire suppression operations; and
(6) include any other elements that the Secretary of the Interior or the Secretary of Agriculture (as applicable) determines to be necessary.
(
Editorial Notes
References in Text
Section 102 of this division, referred to in subsec. (a), means section 102 of div. O of
Codification
Section was enacted as part of the Wildfire Suppression Funding and Forest Management Activities Act, and also as part of the Consolidated Appropriations Act, 2018, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
§1748b. Cohesive wildfire management strategy
(a) Strategy required
Not later than one year after October 30, 2009, the Secretary of the Interior and the Secretary of Agriculture, acting jointly, shall submit to Congress a report that contains a cohesive wildfire management strategy, consistent with the recommendations described in recent reports of the Government Accountability Office regarding management strategies.
(b) Elements of strategy
The strategy required by subsection (a) shall provide for—
(1) the identification of the most cost-effective means for allocating fire management budget resources;
(2) the reinvestment in non-fire programs by the Secretary of the Interior and the Secretary of Agriculture;
(3) employing the appropriate management response to wildfires;
(4) assessing the level of risk to communities;
(5) the allocation of hazardous fuels reduction funds based on the priority of hazardous fuels reduction projects;
(6) assessing the impacts of climate change on the frequency and severity of wildfire; and
(7) studying the effects of invasive species on wildfire risk.
(c) Revision
At least once during each five-year period beginning on the date of the submission of the cohesive wildfire management strategy under subsection (a), the Secretary of the Interior and the Secretary of Agriculture shall revise the strategy to address any changes affecting the strategy, including changes with respect to landscape, vegetation, climate, and weather.
(
Editorial Notes
Codification
Section was enacted as part of the Federal Land Assistance, Management, and Enhancement Act of 2009, also known as the FLAME Act of 2009, and also as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2010, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
Executive Documents
Ex. Ord. No. 13855. Promoting Active Management of America's Forests, Rangelands, and Other Federal Lands To Improve Conditions and Reduce Wildfire Risk
Ex. Ord. No. 13855, Dec. 21, 2018, 84 F.R. 45, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Active management of vegetation is needed to treat these dangerous conditions on Federal lands but is often delayed due to challenges associated with regulatory analysis and current consultation requirements. In addition, land designations and policies can reduce emergency responder access to Federal land and restrict management practices that can promote wildfire-resistant landscapes. With the same vigor and commitment that characterizes our efforts to fight wildfires, we must actively manage our forests, rangelands, and other Federal lands to improve conditions and reduce wildfire risk.
In recognition of these regulatory, policy, and coordinating challenges, the Secretary of the Interior and the Secretary of Agriculture (the Secretaries) each shall implement the following policies in their respective departments:
(a) Shared Management Priorities. The goal of Federal fire management policy for forests, rangelands, and other Federal lands shall be to agree on a set of shared priorities with Federal land managers, States, tribes, and other landowners to manage fire risk across landscapes.
(b) Coordinating Federal, State, Tribal, and Local Assets. Wildfire prevention and suppression and post-wildfire restoration require a variety of assets and skills across landscapes. Federal, State, tribal, and local governments should coordinate the deployment of appropriate assets and skills to restore our landscapes and communities after damage caused by fires and to help reduce hazardous fuels through active forest management in order to protect communities, critical infrastructure, and natural and cultural resources.
(c) Removing Hazardous Fuels, Increasing Active Management, and Supporting Rural Economies. Post-fire assessments show that reducing vegetation through hazardous fuel management and strategic forest health treatments is effective in reducing wildfire severity and loss. Actions must be taken across landscapes to prioritize treatments in order to enhance fuel reduction and forest-restoration projects that protect life and property, and to benefit rural economies through encouraging utilization of the by-products of forest restoration.
(i) The Secretary of the Interior shall review the Secretary's 2019 budget justifications and give all due consideration to establishing the following objectives for 2019, as feasible and appropriate in light of those budget justifications, and consistent with applicable law and available appropriations:
(A) Treating 750,000 acres of Department of the Interior (DOI)-administered lands to reduce fuel loads;
(B) Treating 500,000 acres of DOI-administered lands to protect water quality and mitigate severe flooding and erosion risks arising from forest fires;
(C) Treating 750,000 acres of DOI-administered lands for native and invasive species;
(D) Reducing vegetation giving rise to wildfire conditions through forest health treatments by increasing health treatments as part of DOI's offering for sale 600 million board feet of timber from DOI-administered lands; and
(E) Performing maintenance on public roads needed to provide access for emergency services and restoration work; and
(ii) The Secretary of Agriculture shall review the Secretary's 2019 budget justifications and give all due consideration to establishing the following objectives for 2019, as feasible and appropriate in light of those budget justifications, and consistent with applicable law and available appropriations:
(A) Treating 3.5 million acres of Department of Agriculture (USDA) Forest Service (FS) lands to reduce fuel load;
(B) Treating 2.2 million acres of USDA FS lands to protect water quality and mitigate severe flooding and erosion risks arising from forest fires;
(C) Treating 750,000 acres of USDA FS lands for native and invasive species;
(D) Reducing vegetation giving rise to wildfire conditions through forest health treatments by increasing health treatments as part of USDA's offering for sale at least 3.8 billion board feet of timber from USDA FS lands; and
(E) Performing maintenance on roads needed to provide access on USDA FS lands for emergency services and restoration work.
(b) For the years following establishment of the objectives in subsection (a) of this section, the Secretaries shall consider annual treatment objectives that meet or exceed those established in subsection (a) of this section, using the full range of available and appropriate management tools, including prescribed burns and mechanical thinning. The Secretaries shall also refine and develop performance metrics to better capture the risk reduction benefits achieved through application of these management tools.
(c) In conjunction with establishment of goals, and by no later than March 31, 2019, the Secretaries shall identify salvage and log recovery options from lands damaged by fire during the 2017 and 2018 fire seasons, insects, or disease.
(a) Coordinate with the heads of all relevant Federal agencies to prioritize and promptly implement post-wildfire rehabilitation, salvage, and forest restoration;
(b) Streamline agency administrative and regulatory processes and policies relating to fuel reduction in forests, rangelands, and other Federal lands and forest restoration when appropriate by:
(i) Adhering to minimum statutory and regulatory time periods, to the maximum extent practicable, for comment, consultation, and administrative review processes related to active management of forests, rangelands, and other Federal lands, including management of wildfire risks;
(ii) Using all applicable categorical exclusions set forth in law or regulation for fire management, restoration, and other management projects in forests, rangelands, and other Federal lands when implementing the requirements of the National Environmental Policy Act [of 1969] (
(iii) Consistent with applicable law, developing and using new categorical exclusions to implement active management of forests, rangelands, and other Federal lands; and
(iv) Immediately prioritizing efforts to reduce the time required to comply with consultation obligations under the Endangered Species Act of 1973 (
(b) In developing the strategy described in subsection (a) of this section, the Secretaries shall:
(i) Identify DOI- and USDA FS-administered lands with the highest probability of catastrophic wildfires, as well as areas on those lands where there is a high probability that wildfires would threaten people, structures, or other high-value assets, in order to direct and prioritize actions to meet land management goals and to protect communities;
(ii) Examine the costs and challenges relating to management of DOI- and USDA FS-administered lands, including costs associated with wildfire suppression, implementation of applicable statutory requirements, and litigation;
(iii) Review land designations and policies that may limit active forest management and increase the risk of catastrophic wildfires;
(iv) Consider market conditions as appropriate when preparing timber sales, including biomass and biochar opportunities, and encourage export of these or similar forest-treatment products to the maximum extent permitted by law, in order to promote active forest management, mitigate wildfire risk, and encourage post-fire forest restoration;
(v) Develop recommended actions and incentives to expand uses, markets, and utilization of forest products resulting from restoration and fuel reduction projects in forests, rangelands, and other Federal lands, including biomass and small-diameter materials;
(vi) Assess how effectively Federal programs and investments support forest-product infrastructure and market access;
(vii) Identify and assess methods, including methods undertaken pursuant to section 3(b)(iv) of this order, to more effectively and efficiently streamline consultation under the Endangered Species Act;
(viii) In conjunction with the Administrator of the Environmental Protection Agency, identify methods to reduce interagency regulatory barriers, improve alignment of Federal, State, and tribal policy, and identify redundant policies and procedures to promote efficiencies in implementing the Clean Water Act of 1972 [also known as the Federal Water Pollution Control Act] (
(ix) Develop procedures and guidance to facilitate timely compliance with the National Environmental Policy Act.
(a) Supporting road activities needed to maintain forest, rangeland, and other Federal land health and to mitigate wildfire risk by expanding existing or entering into new Good Neighbor Authority agreements, consistent with applicable law; and
(b) Achieving the land management restoration goals set forth in section 2 of this order and reducing fuel loads by pursuing long-term stewardship contracts, including 20-year contracts, with States, tribes, non-profit organizations, communities, and the private sector, consistent with applicable law.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
Ex. Ord. No. 13976. Establishing the Wildland Fire Management Policy Committee
Ex. Ord. No. 13976, Jan. 14, 2021, 86 F.R. 6549, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
In contrast to effective ground-level coordination with States, including at the National Interagency Fire Center on suppression activity and the Wildland Fire Leadership Council (WFLC) on Federal-State policy coordination, agencies do not adequately or effectively coordinate with each other at the policy level to reduce hazardous fuels and wildfire severity. This order will ensure that agencies effectively work together in coordinating Federal wildland fire management policy to improve funding allocations for hazardous fuel projects, performance measures for suppression operations and hazardous fuels mitigation, procurement, Federal-State cooperation and cost sharing, cross-jurisdictional post-wildfire rehabilitation, monitoring of electric transmission lines and other critical infrastructure, and other functions.
(a) Improve coordination among agencies on wildland fire management policy, implementation, and oversight issues;
(b) Reduce unnecessary duplication across the Federal Government by coordinating and consolidating existing wildland fire-related councils, working groups, and other formal cross-agency initiatives, as appropriate;
(c) Efficiently and effectively manage preparedness resources, initial attack response, extended attack and large-fire support, post-wildfire rehabilitation, and hazardous fuels at a cross-boundary, landscape scale;
(d) Promote integrated planning and procurement among agencies for Federal investments in wildland fire management infrastructure;
(e) Support workforce development and efforts to recruit, train, and retain Federal wildland firefighters to efficiently and effectively respond to wildfire on public lands, and to protect life, property, and community infrastructure; and
(f) Coordinate Federal engagement with State, local, and tribal government entities, including Federal policy positions in the WFLC.
(a) The Wildland Fire Subcabinet shall be co-chaired by the Secretary of Agriculture and Secretary of the Interior (Co-Chairs), and shall include the Secretary of Defense, the Secretary of Energy, the Secretary of Homeland Security, the Chairman of the Council on Environmental Quality (CEQ), the Director of the Office of Science and Technology Policy (OSTP), the Administrator of the Environmental Protection Agency (EPA), the Director of the National Economic Council (NEC), and the heads of such other agencies, or their designated representatives, as the Co-Chairs deem appropriate.
(b) The Wildland Fire Subcabinet shall meet quarterly.
(a) Effectively managing preparedness resources, initial attack response, extended attack and large-fire support, post-wildfire rehabilitation, and hazardous fuels at a cross-boundary, landscape scale;
(b) Developing and adopting additional hazardous fuels performance measures that go beyond the traditional output reporting of total acreage for fuel removal to transparently demonstrate a strategic focus on projects that, by consensus agreement, pose the highest risks to life, property, and community infrastructure;
(c) Developing and adopting additional wildland fire suppression operations performance measures for large wildfires, and for aviation asset deployment, that go beyond the traditional output reporting of acres burned, dollars spent, and gallons of retardant dropped to demonstrate strategic use of high-cost human capital, equipment, and aircraft as opposed to traditional reliance on overwhelming force;
(d) Developing and adopting new technologies to bring to bear cutting-edge management of the wildland fire program to improve the safety, efficiency, and effectiveness of suppression operations;
(e) Developing and adopting data-driven decision-making in order to support infrastructure, allowing for better integration of wildland fire research and development into ground-level suppression operations and hazardous fuel mitigation;
(f) Evaluating personnel policies to ensure that they allow for the year-round availability of a well-trained firefighting force at all levels, from apprentice to incident command, and the most efficient division of responsibility between line officers and incident commanders to support wildfire response and hazardous fuels reduction;
(g) Strengthening government and industry collaboration with critical infrastructure owners and operators, including electric utilities, to better manage and mitigate risks, improve and invest in technology research and development, deploy technologies in concert with the private sector, exchange lessons learned in training and monitoring capabilities, and share operational practices;
(h) Examining regulatory and other issues that negatively impact hazardous fuel reduction and post-wildfire rehabilitation program performance, including coordination across agencies on projects requiring compliance with the National Environmental Policy Act,
(i) Coordinating among Federal land managers to assure efficient and consistent approaches between agencies to review and approve utility vegetation management actions to improve or maintain the reliability of the grid or reduce wildfire risk; and
(j) Developing a coordinated budget strategy that addresses the trade-offs between suppression, preparedness, post-wildfire rehabilitation, and fuels treatment to ensure a balanced commitment of resources and investment in areas at risk or affected by wildfire.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§1748b–1. Wildfire technology modernization
(a) Purpose
The purpose of this section is to promote the use of the best available technology to enhance the effective and cost-efficient response to wildfires—
(1) to meet applicable protection objectives; and
(2) to increase the safety of—
(A) firefighters; and
(B) the public.
(b) Definitions
In this section:
(1) Secretaries
The term "Secretaries" means—
(A) the Secretary of Agriculture; and
(B) the Secretary.
(2) Secretary concerned
The term "Secretary concerned" means—
(A) the Secretary of Agriculture, with respect to activities under the Department of Agriculture; and
(B) the Secretary, with respect to activities under the Department of the Interior.
(c) Unmanned aircraft systems
(1) Definitions
In this subsection, the terms "unmanned aircraft" and "unmanned aircraft system" have the meanings given those terms in
(2) Establishment of program
Not later than 180 days after March 12, 2019, the Secretary, in consultation with the Secretary of Agriculture, shall establish a research, development, and testing program, or expand an applicable existing program, to assess unmanned aircraft system technologies, including optionally piloted aircraft, across the full range of wildland fire management operations in order to accelerate the deployment and integration of those technologies into the operations of the Secretaries.
(3) Expanding use of unmanned aircraft systems on wildfires
In carrying out the program established under paragraph (2), the Secretaries, in coordination with the Federal Aviation Administration, State wildland firefighting agencies, and other relevant Federal agencies, shall enter into an agreement under which the Secretaries shall develop consistent protocols and plans for the use on wildland fires of unmanned aircraft system technologies, including for the development of real-time maps of the location of wildland fires.
(d) Location systems for wildland firefighters
(1) In general
Not later than 2 years after March 12, 2019, subject to the availability of appropriations, the Secretaries, in coordination with State wildland firefighting agencies, shall jointly develop and operate a tracking system (referred to in this subsection as the "system") to remotely locate the positions of fire resources for use by wildland firefighters, including, at a minimum, any fire resources assigned to Federal type 1 wildland fire incident management teams.
(2) Requirements
The system shall—
(A) use the most practical and effective technology available to the Secretaries to remotely track the location of an active resource, such as a Global Positioning System;
(B) depict the location of each fire resource on the applicable maps developed under subsection (c)(3);
(C) operate continuously during the period for which any firefighting personnel are assigned to the applicable Federal wildland fire; and
(D) be subject to such terms and conditions as the Secretary concerned determines necessary for the effective implementation of the system.
(3) Operation
The Secretary concerned shall—
(A) before commencing operation of the system—
(i) conduct not fewer than 2 pilot projects relating to the operation, management, and effectiveness of the system; and
(ii) review the results of those pilot projects;
(B) conduct training, and maintain a culture, such that an employee, officer, or contractor shall not rely on the system for safety; and
(C) establish procedures for the collection, storage, and transfer of data collected under this subsection to ensure—
(i) data security; and
(ii) the privacy of wildland fire personnel.
(e) Wildland fire decision support
(1) Protocol
To the maximum extent practicable, the Secretaries shall ensure that wildland fire management activities conducted by the Secretaries, or conducted jointly by the Secretaries and State wildland firefighting agencies, achieve compliance with applicable incident management objectives in a manner that—
(A) minimizes firefighter exposure to the lowest level necessary; and
(B) reduces overall costs of wildfire incidents.
(2) Wildfire decision support system
(A) In general
The Secretaries, in coordination with State wildland firefighting agencies, shall establish a system or expand an existing system to track and monitor decisions made by the Secretaries or State wildland firefighting agencies in managing wildfires.
(B) Components
The system established or expanded under subparagraph (A) shall be able to alert the Secretaries if—
(i) unusual costs are incurred;
(ii) an action to be carried out would likely—
(I) endanger the safety of a firefighter; or
(II) be ineffective in meeting an applicable suppression or protection goal; or
(iii) a decision regarding the management of a wildfire deviates from—
(I) an applicable protocol established by the Secretaries, including the requirement under paragraph (1); or
(II) an applicable spatial fire management plan or fire management plan of the Secretary concerned.
(f) Smoke projections from active wildland fires
The Secretaries shall establish a program, to be known as the "Interagency Wildland Fire Air Quality Response Program", under which the Secretary concerned—
(1) to the maximum extent practicable, shall assign 1 or more air resource advisors to a type 1 incident management team managing a Federal wildland fire; and
(2) may assign 1 or more air resource advisors to a type 2 incident management team managing a wildland fire.
(g) Omitted
(h) Rapid Response Erosion Database
(1) In general
The Secretaries, in consultation with the Administrator of the National Aeronautics and Space Administration and the Secretary of Commerce, shall establish and maintain a database, to be known as the "Rapid Response Erosion Database" (referred to in this subsection as the "Database").
(2) Open-source Database
(A) Availability
The Secretaries shall make the Database (including the original source code)—
(i) web-based; and
(ii) available without charge.
(B) Components
To the maximum extent practicable, the Database shall provide for—
(i) the automatic incorporation of spatial data relating to vegetation, soils, and elevation into an applicable map created by the Secretary concerned that depicts the changes in land-cover and soil properties caused by a wildland fire; and
(ii) the generation of a composite map that can be used by the Secretary concerned to model the effectiveness of treatments in the burned area to prevent flooding, erosion, and landslides under a range of weather scenarios.
(3) Use
The Secretary concerned shall use the Database, as applicable, in developing recommendations for emergency stabilization treatments or modifications to drainage structures to protect values-at-risk following a wildland fire.
(4) Coordination
The Secretaries may share the Database, and any results generated in using the Database, with any State or unit of local government.
(i) Predicting where wildfires will start
(1) In general
The Secretaries, in consultation with the Administrator of the National Aeronautics and Space Administration, the Secretary of Energy, and the Secretary of Commerce, through the capabilities and assets located at the National Laboratories, shall establish and maintain a system to predict the locations of future wildfires for fire-prone areas of the United States.
(2) Cooperation; components
The system established under paragraph (1) shall be based on, and seek to enhance, similar systems in existence on March 12, 2019, including the Fire Danger Assessment System.
(3) Use in forecasts
Not later than 1 year after March 12, 2019, the Secretaries shall use the system established under paragraph (1), to the maximum extent practicable, for purposes of developing any wildland fire potential forecasts.
(4) Coordination
The Secretaries may share the system established under paragraph (1), and any results generated in using the system, with any State or unit of local government.
(j) Termination of authority
The authority provided by this section terminates on the date that is 10 years after March 12, 2019.
(k) Savings clause
Nothing in this section—
(1) requires the Secretary concerned to establish a new program, system, or database to replace an existing program, system, or database that meets the objectives of this section; or
(2) precludes the Secretary concerned from using existing or future technology that—
(A) is more efficient, safer, or better meets the needs of firefighters, other personnel, or the public; and
(B) meets the objectives of this section.
(
Editorial Notes
Codification
Section is comprised of section 1114 of
Statutory Notes and Related Subsidiaries
Definition of "Secretary"
"Secretary" means the Secretary of the Interior, see section 2 of
§1748c. Bureau of Land Management Foundation
(a) Definitions
In this section:
(1) Board
The term "Board" means the Board of Directors of the Foundation established under subsection (c).
(2) Foundation
The term "Foundation" means the Bureau of Land Management Foundation established by subsection (b)(1)(A).
(3) Public land
The term "public land" has the meaning given the term "public lands" in
(4) Secretary
The term "Secretary" means the Secretary of the Interior.
(5) Wild free-roaming horses and burros
The term "wild free-roaming horses and burros" has the meaning given the term in
(b) Establishment and purposes
(1) Establishment
(A) In general
There is established a foundation, to be known as the "Bureau of Land Management Foundation".
(B) Limitation
The Foundation shall not be considered to be an agency or establishment of the United States.
(C) Tax exemption
The Foundation shall be considered to be a charitable and nonprofit corporation under
(2) Purposes
The purposes of the Foundation are—
(A) to encourage, accept, and administer private gifts of money and real and personal property for the benefit of, or in connection with the activities and services of, the Bureau of Land Management;
(B) to carry out activities that advance the purposes for which public land is administered;
(C) to carry out and encourage educational, technical, scientific, and other assistance or activities that support the mission of the Bureau of Land Management; and
(D) to assist the Bureau of Land Management with challenges that could be better addressed with the support of a foundation, including—
(i) reclamation and conservation activities;
(ii) activities relating to wild free-roaming horses and burros; and
(iii) the stewardship of cultural and archeological treasures on public land.
(c) Board of Directors
(1) Establishment
(A) In general
The Foundation shall be governed by a Board of Directors.
(B) Composition
(i) In general
The Board shall consist of not more than 9 members.
(ii) Ex-officio member
The Director of the Bureau of Land Management shall be an ex-officio, nonvoting member of the Board.
(C) Requirements
(i) Citizenship
A member appointed to the Board shall be a citizen of the United States.
(ii) Expertise
A majority of members appointed to the Board shall have education or experience relating to natural, cultural, conservation, or other resource management, law, or research.
(iii) Diverse points of view
To the maximum extent practicable, the members of the Board shall represent diverse points of view.
(2) Date of initial appointment
Not later than 1 year after May 5, 2017, the Secretary shall appoint the initial members of the Board.
(3) Terms
(A) In general
Except as provided in subparagraph (B), a member of the Board shall be appointed for a term of 6 years.
(B) Initial appointments
The Secretary shall stagger the initial appointments to the Board, as the Secretary determines to be appropriate, in a manner that ensures that—
(i) 1/3 of the members shall serve for a term of 2 years;
(ii) 1/3 of the members shall serve for a term of 4 years; and
(iii) 1/3 of the members shall serve for a term of 6 years.
(C) Vacancies
A vacancy on the Board shall be filled—
(i) not later than 60 days after the date of the vacancy;
(ii) in the manner in which the original appointment was made; and
(iii) for the remainder of the term of the member vacating the Board.
(D) Removal for failure to attend meetings
(i) In general
A member of the Board may be removed from the Board by a majority vote of the Board, if the individual fails to attend 3 consecutive regularly scheduled meetings of the Board.
(ii) Requirements
A vacancy as the result of a removal under clause (i) shall be filled in accordance with subparagraph (C).
(E) Limitation
A member of the Board shall not serve more than 12 consecutive years on the Board.
(4) Chairperson
(A) In general
The Board shall elect a Chairperson from among the members of the Board.
(B) Term
The Chairperson of the Board—
(i) shall serve as Chairperson for a 2-year term; and
(ii) may be reelected as Chairperson while serving as a member of the Board.
(5) Quorum
A majority of the voting members of the Board shall constitute a quorum for the transaction of business of the Board.
(6) Meetings
The Board shall meet—
(A) at the call of the Chairperson; but
(B) not less than once each calendar year.
(7) Reimbursement of expenses
(A) In general
Serving as a member of the Board shall not constitute employment by the Federal Government for any purpose.
(B) Reimbursement
A member of the Board shall serve without pay, other than reimbursement for the actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the member for the Foundation, in accordance with
(8) General powers
The Board may—
(A) appoint officers and employees in accordance with paragraph (9);
(B) adopt a constitution and bylaws consistent with the purposes of the Foundation and this section; and
(C) carry out any other activities that may be necessary to function and to carry out this section.
(9) Officers and employees
(A) In general
No officer or employee may be appointed to the Foundation until the date on which the Board determines that the Foundation has sufficient funds to pay for the service of the officer or employee.
(B) Limitation
Appointment as an officer or employee of the Foundation shall not constitute employment by the Federal Government.
(10) Limitation and conflicts of interest
(A) Prohibition on political activity
The Foundation shall not participate or intervene in a political campaign on behalf of any candidate for public office.
(B) Limitation on participation
No member of the Board or officer or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation that affects—
(i) the financial interests of the member of the Board, officer, or employee; or
(ii) the interests of any corporation partnership, entity, or organization in which the member of the Board, officer, or employee—
(I) is an officer, director, or trustee; or
(II) has any direct or indirect financial interest.
(d) Powers and obligations
(1) In general
The Foundation—
(A) shall have perpetual succession; and
(B) may conduct business throughout the several States, territories, and possessions of the United States.
(2) Notice; service of process
(A) Designated agent
The Foundation shall at all times maintain a designated agent in the District of Columbia authorized to accept service of process for the Foundation.
(B) Service of process
The serving of notice to, or service of process on, the agent required under this paragraph, or mailed to the business address of the agent, shall be deemed to be notice to, or the service of process on, the Foundation.
(3) Seal
The Foundation shall have an official seal, to be selected by the Board, which shall be judicially noticed.
(4) Powers
To carry out the purposes of the Foundation, the Foundation shall have, in addition to powers otherwise authorized by this section, the usual powers of a not-for-profit corporation in the District of Columbia, including the power—
(A) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, absolutely or in trust, of real or personal property, or any income from, or other interest in, the property;
(B) to acquire by donation, gift, devise, purchase, or exchange, and to dispose of, any real or personal property or interest in the property;
(C) to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income from property, unless limited by the instrument of transfer;
(D) to borrow money and issue bonds, debentures, or other debt instruments;
(E) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the members of the Board shall not be held personally liable, except in a case of gross negligence;
(F)(i) to enter into contracts or other agreements with public agencies, private organizations, and persons; and
(ii) to make such payments as may be necessary to carry out the purposes of the contracts or agreements; and
(G) to carry out any activity necessary and proper to advance the purposes of the Foundation.
(5) Real property
(A) In general
For purposes of this section, an interest in real property shall include mineral and water rights, rights-of-way, and easements, appurtenant or in gross.
(B) Acceptance
A gift, devise, or bequest of real property may be accepted by the Foundation, regardless of whether the property is encumbered, restricted, or subject to beneficial interests of a private person, if any current or future interest in the property is for the benefit of the Foundation.
(C) Declining gifts
The Foundation may, at the discretion of the Foundation, decline any gift, devise, or bequest of real property.
(D) Prohibition on condemnation
No land, water, or interest in land or water, that is owned by the Foundation shall be subject to condemnation by any State, political subdivision of a State, or agent or instrumentality of a State or political subdivision of a State.
(e) Administrative services and support
(1) Funding
(A) In general
For the purposes of assisting the Foundation in establishing an office and meeting initial administrative, project, and other expenses, the Secretary may provide to the Foundation, from funds appropriated under subsection (j), such sums as are necessary for fiscal years 2017 and 2018.
(B) Availability of funds
Funds made available under subparagraph (A) shall remain available to the Foundation until expended for authorized purposes.
(2) Administrative expenses
(A) In general
The Secretary may provide to the Foundation personnel, facilities, equipment, and other administrative services, subject to such limitations, terms, and conditions as the Secretary may establish.
(B) Reimbursement
The Foundation may reimburse the Secretary for any support provided under subparagraph (A), in whole or in part, and any reimbursement received by the Secretary under this subparagraph shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing the services.
(f) Volunteers
The Secretary may accept, without regard to the civil service classification laws (including regulations), the services of the Foundation, the Board, and the officers, employees, and agents of the Foundation, without compensation from the Department of the Interior, as volunteers for the performance of the functions under
(g) Audits and report requirements
(1) Audits
For purposes of
(2) Annual reports
At the end of each fiscal year, the Board shall submit to Congress a report that describes the proceedings and activities of the Foundation during that fiscal year, including a full and complete statement of the receipts, expenditures, and investments.
(h) United States release from liability
(1) In general
The United States shall not be liable for any debt, default, act, or omission of the Foundation.
(2) Full faith and credit
The full faith and credit of the United States shall not extend to any obligation of the Foundation.
(i) Limitation on authority
Nothing in this section authorizes the Foundation to perform any function the authority for which is provided to the Bureau of Land Management under any other provision of law.
(j) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(
Editorial Notes
Codification
Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017, and also as part of the Consolidated Appropriations Act, 2017, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
§1748d. Report on wildfire, insect infestation, and disease prevention on Federal land
Not later than 180 days after December 20, 2018, and every year thereafter, the Secretary and the Secretary of Interior 1 shall submit to the Committee on Agriculture of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Energy and Natural Resources of the Senate a jointly written report on—
(1) the number of acres of Federal land treated by the Secretary or the Secretary of the Interior for wildfire, insect infestation, or disease prevention;
(2) the number of acres of Federal land categorized as a high or extreme fire risk;
(3) the total timber production from Federal land;
(4) the number of acres and average fire intensity of wildfires affecting Federal land treated for wildfire, insect infestation, or disease prevention;
(5) the number of acres and average fire intensity of wildfires affecting Federal land not treated for wildfire, insect infestation, or disease prevention;
(6) the Federal response time for each fire on greater than 25,000 acres;
(7) the number of miles of roads and trails on Federal land in need of maintenance;
(8) the number of miles of roads on Federal land in need of decommissioning;
(9) the maintenance backlog, as of the date of the report, for roads, trails, and recreational facilities on Federal land;
(10) other measures needed to maintain, improve, or restore water quality on Federal land; and
(11) other measures needed to improve ecosystem function or resiliency on Federal land.
(
Editorial Notes
Codification
Section was enacted as part of the Agriculture Improvement Act of 2018, and not as part of the Federal Land Policy and Management Act of 1976 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Definition of "Secretary"
"Secretary" means the Secretary of Agriculture, see section 2 of