43 U.S.C. § 1733 — Enforcement authority
submitted 50 years ago by Pub. L. 94-579 to r/title-43-PUBLIC-LANDS · 781 words · no verdicts yet
This section directs the Secretary to enforce rules governing public lands and allows cooperation with State and local officials. It also establishes penalties and enforcement powers for violations.
(a) Regulations for implementation of management, use, and protection requirements; violations; criminal penalties.— The Secretary must issue regulations needed to carry out this Act’s provisions about managing, using, and protecting the public lands, including property on those lands. A person who knowingly and willfully violates such a regulation that was lawfully issued under this Act may be fined up to $1,000, imprisoned for up to 12 months, or both. A person charged with violating such a regulation may be tried and sentenced by a United States magistrate judge designated for that purpose by the court that appointed the judge. The trial and sentence must follow section 3401 of title 18, including its conditions and limits.
(b) Civil actions by Attorney General for violations of regulations; nature of relief; jurisdiction.— At the Secretary’s request, the Attorney General may bring a civil action in any United States district court for an injunction or another appropriate order. The action may prevent a person from using public lands in violation of the Secretary’s regulations under this Act.
(c) Contracts for enforcement of Federal laws and regulations by local law enforcement officials; procedure applicable; contract requirements and implementation.— (1) If the Secretary decides that help is needed to enforce Federal laws and regulations about public lands or their resources, the Secretary must offer a contract to appropriate local officials who have law-enforcement authority in their own jurisdictions. The goal is to rely as much as feasible on local law-enforcement officials to enforce those laws and regulations. The Secretary must negotiate on reasonable terms with officials who may enter into such contracts. While carrying out their duties under the contracts, the officials and their agents may carry firearms; execute and serve warrants or other process issued by a court or an officer with proper jurisdiction; arrest without a warrant or process a person for a misdemeanor when the official has reasonable grounds to believe the misdemeanor is being committed in the official’s presence or view; arrest without a warrant or process a person for a felony when the official has reasonable grounds to believe the person committed or is committing the felony; search without a warrant or process any person, place, or vehicle as allowed by Federal law or a rule of law; and seize without a warrant or process any evidence as allowed by Federal law. The Secretary must provide the law-enforcement training the Secretary considers necessary to carry out the contracted responsibilities. While using the powers and authority provided by a contract under this section, the law-enforcement officials and their agents have all the immunities of Federal law-enforcement officials. (2) The Secretary may authorize Federal personnel or appropriate local officials to carry out the Secretary’s law-enforcement responsibilities concerning public lands and their resources. The designated personnel must receive the training and have the responsibilities and authority provided 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 administering and regulating the use and occupancy of public lands, the Secretary may cooperate with the regulatory and law-enforcement officials of any State or political subdivision of a State to enforce that State’s or subdivision’s laws or ordinances. This cooperation may include reimbursing a State or its political subdivision for expenses it incurs on activities that assist in administering and regulating the use and occupancy of public lands.
(e) Uniformed desert ranger force in California Desert Conservation Area; establishment; enforcement of Federal laws and regulations.— Nothing in this section prevents the Secretary from promptly establishing a uniformed desert ranger force in the California Desert Conservation Area established under section 1781 of this title. The force would enforce Federal laws and regulations concerning the public lands and resources the Secretary manages in that area. Its officers and members have the same responsibilities and authority provided in paragraph (1) of subsection (c) of this section.
(f) Applicability of other Federal enforcement provisions.— Nothing in this Act reduces or limits the enforcement authority that any other statute gives the Secretary.
(g) Unlawful activities.— Using, occupying, or developing any portion of the public lands contrary to a regulation of the Secretary or another responsible authority, or contrary to an order issued under such a regulation, is unlawful and prohibited.
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 section 3401 of title 18.
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.
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.
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.
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.
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 section 1781 of this title for the purpose of enforcing Federal laws and regulations relating to the public lands and resources managed by him in such area. The officers and members of such ranger force shall have the same responsibilities and authority as provided for in paragraph (1) of subsection (c) of this section.
Nothing in this Act shall be construed as reducing or limiting the enforcement authority vested in the Secretary by any other statute.
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.
Source credit: (Pub. L. 94–579, title III, § 303, Oct. 21, 1976, 90 Stat. 2763; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.)
- 1976Enacted · Pub. L. 94-579 · 90 Stat. 2763
- 1990Amended · Pub. L. 101-650 · 104 Stat. 5117
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-579 on 1976-10-21.
all 0 arguments · sorted by: best
no arguments yet — make the first case