§ 1712. — Land use plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1712]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER II--LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION
Sec. 1712. Land use plans
(a) Development, maintenance, and revision by Secretary
The Secretary shall, with public involvement and consistent with the
terms and conditions of this Act, develop, maintain, and, when
appropriate, revise land use plans which provide by tracts or areas for
the use of the public lands. Land use plans shall be developed for the
public lands regardless of whether such lands previously have been
classified, withdrawn, set aside, or otherwise designated for one or
more uses.
(b) Coordination of plans for National Forest System lands with Indian
land use planning and management programs for purposes of
development and revision
In the development and revision of land use plans, the Secretary of
Agriculture shall coordinate land use plans for lands in the National
Forest System with the land use planning and management programs of and
for Indian tribes by, among other things, considering the policies of
approved tribal land resource management programs.
(c) Criteria for development and revision
In the development and revision of land use plans, the Secretary
shall--
(1) use and observe the principles of multiple use and sustained
yield set forth in this and other applicable law;
(2) use a systematic interdisciplinary approach to achieve
integrated consideration of physical, biological, economic, and
other sciences;
(3) give priority to the designation and protection of areas of
critical environmental concern;
(4) rely, to the extent it is available, on the inventory of the
public lands, their resources, and other values;
(5) consider present and potential uses of the public lands;
(6) consider the relative scarcity of the values involved and
the availability of alternative means (including recycling) and
sites for realization of those values;
(7) weigh long-term benefits to the public against short-term
benefits;
(8) provide for compliance with applicable pollution control
laws, including State and Federal air, water, noise, or other
pollution standards or implementation plans; and
(9) to the extent consistent with the laws governing the
administration of the public lands, coordinate the land use
inventory, planning, and management activities of or for such lands
with the land use planning and management programs of other Federal
departments and agencies and of the States and local governments
within which the lands are located, including, but not limited to,
the statewide outdoor recreation plans developed under the Act of
September 3, 1964 (78 Stat. 897), as amended [16 U.S.C. 460l-4 et
seq.], and of or for Indian tribes by, among other things,
considering the policies of approved State and tribal land resource
management programs. In implementing this directive, the Secretary
shall, to the extent he finds practical, keep apprised of State,
local, and tribal land use plans; assure that consideration is given
to those State, local, and tribal plans that are germane in the
development of land use plans for public lands; assist in resolving,
to the extent practical, inconsistencies between Federal and non-
Federal Government plans, and shall provide for meaningful public
involvement of State and local government officials, both elected
and appointed, in the development of land use programs, land use
regulations, and land use decisions for public lands, including
early public notice of proposed decisions which may have a
significant impact on non-Federal lands. Such officials in each
State are authorized to furnish advice to the Secretary with respect
to the development and revision of land use plans, land use
guidelines, land use rules, and land use regulations for the public
lands within such State and with respect to such other land use
matters as may be referred to them by him. Land use plans of the
Secretary under this section shall be consistent with State and
local plans to the maximum extent he finds consistent with Federal
law and the purposes of this Act.
(d) Review and inclusion of classified public lands; review of existing
land use plans; modification and termination of classifications
Any classification of public lands or any land use plan in effect on
October 21, 1976, is subject to review in the land use planning process
conducted under this section, and all public lands, regardless of
classification, are subject to inclusion in any land use plan developed
pursuant to this section. The Secretary may modify or terminate any such
classification consistent with such land use plans.
(e) Management decisions for implementation of developed or revised
plans
The Secretary may issue management decisions to implement land use
plans developed or revised under this section in accordance with the
following:
(1) Such decisions, including but not limited to exclusions
(that is, total elimination) of one or more of the principal or
major uses made by a management decision shall remain subject to
reconsideration, modification, and termination through revision by
the Secretary or his delegate, under the provisions of this section,
of the land use plan involved.
(2) Any management decision or action pursuant to a management
decision that excludes (that is, totally eliminates) one or more of
the principal or major uses for two or more years with respect to a
tract of land of one hundred thousand acres or more shall be
reported by the Secretary to the House of Representatives and the
Senate. If within ninety days from the giving of such notice
(exclusive of days on which either House has adjourned for more than
three consecutive days), the Congress adopts a concurrent resolution
of nonapproval of the management decision or action, then the
management decision or action shall be promptly terminated by the
Secretary. If the committee to which a resolution has been referred
during the said ninety day period, has not reported it at the end of
thirty calendar days after its referral, it shall be in order to
either discharge the committee from further consideration of such
resolution or to discharge the committee from consideration of any
other resolution with respect to the management decision or action.
A motion to discharge may be made only by an individual favoring the
resolution, shall be highly privileged (except that it may not be
made after the committee has reported such a resolution), and debate
thereon shall be limited to not more than one hour, to be divided
equally between those favoring and those opposing the resolution. An
amendment to the motion shall not be in order, and it shall not be
in order to move to reconsider the vote by which the motion was
agreed to or disagreed to. If the motion to discharge is agreed to
or disagreed to, the motion may not be made with respect to any
other resolution with respect to the same management decision or
action. When the committee has reprinted, or has been discharged
from further consideration of a resolution, it shall at any time
thereafter be in order (even though a previous motion to the same
effect has been disagreed to) to move to proceed to the
consideration of the resolution. The motion shall be highly
privileged and shall not be debatable. An amendment to the motion
shall not be in order, and it shall not be in order to move to
reconsider the vote by which the motion was agreed to or disagreed
to.
(3) Withdrawals made pursuant to section 1714 of this title may
be used in carrying out management decisions, but public lands shall
be removed from or restored to the operation of the Mining Law of
1872, as amended (R.S. 2318-2352; 30 U.S.C. 21 et seq.) or
transferred to another department, bureau, or agency only by
withdrawal action pursuant to section 1714 of this title or other
action pursuant to applicable law: Provided, That nothing in this
section shall prevent a wholly owned Government corporation from
acquiring and holding rights as a citizen under the Mining Law of
1872.
(f) Procedures applicable to formulation of plans and programs for
public land management
The Secretary shall allow an opportunity for public involvement and
by regulation shall establish procedures, including public hearings
where appropriate, to give Federal, State, and local governments and the
public, adequate notice and opportunity to comment upon and participate
in the formulation of plans and programs relating to the management of
the public lands.
(Pub. L. 94-579, title II, Sec. 202, Oct. 21, 1976, 90 Stat. 2747.)
References in Text
This Act, referred to in subsecs. (a) and (c)(9), is Pub. L. 94-579,
Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land
Policy and Management Act of 1976. For complete classification of this
Act to the Code, see Tables.
Act of September 3, 1964, as amended, referred to in subsec. (c)(9),
is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, known as the
Land and Water Conservation Fund Act of 1965, which is classified
generally to part B (Sec. 460l-4 et seq.) of subchapter LXIX of chapter
1 of Title 16, Conservation. For complete classification of this Act to
the Code, see Short Title note set out under section 460l-4 of Title 16
and Tables.
The Mining Law of 1872, as amended, referred to in subsec. (e)(3),
is act May 10, 1872, ch. 152, 17 Stat. 91, as amended, which was
incorporated into the Revised Statutes of 1878 as R.S. Secs. 2319 to
2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22
to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30,
Mineral Lands and Mining. For complete classification of R.S.
Secs. 2318-2352, see Tables.
Section Referred to in Other Sections
This section is referred to in sections 1713, 1732, 1752, 1781,
1783, 1784, 1901, 1903, 1904, 2304 of this title; title 16 sections
460uu-43, 460iii, 460qqq-4, 1333; title 42 section 6508.
