§ 1733. — Enforcement authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1733]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER III--ADMINISTRATION
Sec. 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
section 3401 of title 18.
(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 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.
(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.
(Pub. L. 94-579, title III, Sec. 303, Oct. 21, 1976, 90 Stat. 2763; Pub.
L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)
References in Text
This Act, referred to in subsecs. (a), (b), and (f), 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.
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' in subsec. (a) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
Modification of Regulations Relating to Mining Operations on Public
Lands; Posting of Reclamation Bond for All Operations Involving
Significant Surface Disturbance
Pub. L. 99-500, Sec. 101(h) [title I], Oct. 18, 1986, 100 Stat.
1783-242, 1783-243, and Pub. L. 99-591, Sec. 101(h) [title I], Oct. 30,
1986, 100 Stat. 3341-242, 3341-243, provided: ``That regulations
pertaining to mining operations on public lands conducted under the
Mining Law of 1872 (30 U.S.C. 22, et seq.) and sections 302, 303, and
603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1732, 1733, and 1782) shall be modified to include a requirement for the
posting of reclamation bonds by operators for all operations which
involve significant surface disturbance, (a) at the discretion of the
authorized officer for operators who have a record of compliance with
pertinent regulations concerning mining on public lands, and (b) on a
mandatory basis only for operators with a history of noncompliance with
the aforesaid regulations: Provided further, That surety bonds, third
party surety bonds, or irrevocable letters of credit shall qualify as
bond instruments: Provided further, That evidence of an equivalent bond
posted with a State agency shall be accepted in lieu of a separate bond:
Provided further, That the amount of such bonds shall be sufficient to
cover the costs of reclamation as estimated by the Bureau of Land
Management.''
