43 U.S.C. § 1702 — Definitions
submitted 50 years ago by Pub. L. 94-579 to r/title-43-PUBLIC-LANDS · 928 words · no verdicts yet
This section defines terms used in this Act for managing public lands and related resources. The definitions include critical environmental areas, multiple use, public lands, withdrawals, allotment management plans, principal uses, and grazing permits and leases.
Without changing the meaning of these terms in any other statute, this Act uses them as follows:
(a) “Areas of critical environmental concern” are areas within public lands where special management attention is required when the areas are developed or used, or when no development is required, to protect important historic, cultural, or scenic values; fish and wildlife resources or other natural systems or processes; or life and safety from natural hazards, and to prevent irreparable damage to those values and resources.
(b) A “holder” is a State or local government entity, individual, partnership, corporation, association, or other business entity that receives or uses a right-of-way under subchapter V of this chapter.
(c) “Multiple use” means managing public lands and their different resource values in the combination that best meets present and future needs of the American people. It includes making the wisest use of the land for some or all resources or related services over areas large enough to allow periodic changes as needs and conditions change; using some land for less than all resources; and combining balanced and varied uses while considering future generations’ long-term needs for renewable and nonrenewable resources, including recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific, and historical values. Management must be harmonious and coordinated, without permanently impairing the land’s productivity or the environment’s quality. The decision must consider the relative values of the resources and does not have to choose the combination producing the greatest economic return or greatest output per unit.
(d) “Public involvement” means affected citizens have an opportunity to participate in rulemaking, decisionmaking, and planning concerning public lands. This may include nearby public meetings or hearings, advisory mechanisms, or other procedures needed to receive public comments in a particular situation.
(e) “Public lands” are land and interests in land owned by the United States within the States and administered by the Secretary of the Interior through the Bureau of Land Management, regardless of how the United States acquired ownership. The term excludes: (1) land on the Outer Continental Shelf; and (2) land held for the benefit of Indians, Aleuts, and Eskimos.
(f) A “right-of-way” includes an easement, lease, permit, or license granted to occupy, use, or cross public lands for a purpose listed in subchapter V of this chapter.
(g) Unless specifically stated otherwise, “Secretary” means the Secretary of the Interior.
(h) “Sustained yield” means achieving and maintaining forever a high annual or regular periodic output of the different renewable resources of public lands, consistent with multiple use.
(i) “Wilderness,” as used in section 1782 of this title, has the same meaning as in section 1131(c) of title 16.
(j) “Withdrawal” means withholding an area of Federal land from settlement, sale, location, or entry under some or all general land laws to limit activities under those laws and maintain other public values or reserve the area for a particular public purpose or program. It also means transferring jurisdiction over Federal land, other than “property” governed by the Federal Property and Administrative Services Act, from one Federal department, bureau, or agency to another.
(k) An “allotment management plan” is a document prepared in consultation with the lessees or permittees involved. It applies to livestock operations on public lands or on National Forest lands in the eleven contiguous Western States. The plan: (1) prescribes how and to what extent livestock operations will be conducted to meet the multiple-use, sustained-yield, economic, and other needs and objectives that the Secretary concerned determines for the lands; (2) describes the type, location, ownership, and general specifications of range improvements to be installed and maintained to meet livestock-grazing and other land-management objectives; and (3) contains other provisions about livestock grazing and other objectives that the Secretary concerned finds consistent with this Act and other applicable law.
(l) “Principal or major uses” includes, and is limited to, domestic livestock grazing; fish and wildlife development and use; mineral exploration and production; rights-of-way; outdoor recreation; and timber production.
(m) A “department” is an executive-branch unit headed by a member of the President’s Cabinet. An “agency” is an executive-branch unit that is not under a department head’s jurisdiction.
(n) “Bureau” means the Bureau of Land Management.
(o) The “eleven contiguous Western States” are Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
(p) A “grazing permit and lease” is any document authorizing the use of public lands or National Forest lands in those eleven contiguous Western States to graze domestic livestock.
Without altering in any way the meaning of the following terms as used in any other statute, whether or not such statute is referred to in, or amended by, this Act, as used in this Act—
The term “areas of critical environmental concern” means areas within the public lands where special management attention is required (when such areas are developed or used or where no development is required) to protect and prevent irreparable damage to important historic, cultural, or scenic values, fish and wildlife resources or other natural systems or processes, or to protect life and safety from natural hazards.
The term “holder” means any State or local governmental entity, individual, partnership, corporation, association, or other business entity receiving or using a right-of-way under subchapter V of this chapter.
The term “multiple use” means the management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the American people; making the most judicious use of the land for some or all of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land for less than all of the resources; a combination of balanced and diverse resource uses that takes into account the long-term needs of future generations for renewable and nonrenewable resources, including, but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values; and harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative values of the resources and not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output.
The term “public involvement” means the opportunity for participation by affected citizens in rulemaking, decisionmaking, and planning with respect to the public lands, including public meetings or hearings held at locations near the affected lands, or advisory mechanisms, or such other procedures as may be necessary to provide public comment in a particular instance.
The term “public lands” means any land and interest in land owned by the United States within the several States and administered by the Secretary of the Interior through the Bureau of Land Management, without regard to how the United States acquired ownership, except—
lands located on the Outer Continental Shelf; and
lands held for the benefit of Indians, Aleuts, and Eskimos.
The term “right-of-way” includes an easement, lease, permit, or license to occupy, use, or traverse public lands granted for the purpose listed in subchapter V of this chapter.
The term “Secretary”, unless specifically designated otherwise, means the Secretary of the Interior.
The term “sustained yield” means the achievement and maintenance in perpetuity of a high-level annual or regular periodic output of the various renewable resources of the public lands consistent with multiple use.
The term “wilderness” as used in section 1782 of this title shall have the same meaning as it does in section 1131(c) of title 16.
The term “withdrawal” means withholding an area of Federal land from settlement, sale, location, or entry, under some or all of the general land laws, for the purpose of limiting activities under those laws in order to maintain other public values in the area or reserving the area for a particular public purpose or program; or transferring jurisdiction over an area of Federal land, other than “property” governed by the Federal Property and Administrative Services Act, as amended (40 U.S.C. 472) 1 from one department, bureau or agency to another department, bureau or agency.
An “allotment management plan” means a document prepared in consultation with the lessees or permittees involved, which applies to livestock operations on the public lands or on lands within National Forests in the eleven contiguous Western States and which:
prescribes the manner in, and extent to, which livestock operations will be conducted in order to meet the multiple-use, sustained-yield, economic and other needs and objectives as determined for the lands by the Secretary concerned; and
describes the type, location, ownership, and general specifications for the range improvements to be installed and maintained on the lands to meet the livestock grazing and other objectives of land management; and
contains such other provisions relating to livestock grazing and other objectives found by the Secretary concerned to be consistent with the provisions of this Act and other applicable law.
The term “principal or major uses” includes, and is limited to, domestic livestock grazing, fish and wildlife development and utilization, mineral exploration and production, rights-of-way, outdoor recreation, and timber production.
The term “department” means a unit of the executive branch of the Federal Government which is headed by a member of the President’s Cabinet and the term “agency” means a unit of the executive branch of the Federal Government which is not under the jurisdiction of a head of a department.
The term “Bureau 2 means the Bureau of Land Management.
The term “eleven contiguous Western States” means the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
The term “grazing permit and lease” means any document authorizing use of public lands or lands in National Forests in the eleven contiguous western States for the purpose of grazing domestic livestock.
Source credit: (Pub. L. 94–579, title I, § 103, Oct. 21, 1976, 90 Stat. 2745.)
- 1976Enacted · Pub. L. 94-579 · 90 Stat. 2745
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-579 on 1976-10-21.
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