U.S. Code » Title 43 » Chapter CHAPTER 35— FEDERAL LAND POLICY AND MANAGEMENT › Subchapter SUBCHAPTER I— GENERAL PROVISIONS

43 U.S.C. § 1702

Definitions

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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—(a) 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.(b) 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.(c) 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.(d) 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.(e) 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—(1) lands located on the Outer Continental Shelf; and(2) lands held for the benefit of Indians, Aleuts, and Eskimos.(f) 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.(g) The term “Secretary”, unless specifically designated otherwise, means the Secretary of the Interior.(h) 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.(i) 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.(j) 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) 11 See References in Text note below. from one department, bureau or agency to another department, bureau or agency.(k) 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:(1) 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(2) 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(3) 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.(l) 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.(m) 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.(n) The term “Bureau 22 So in original. Probably should be followed by closing quotation marks. means the Bureau of Land Management.(o) The term “eleven contiguous Western States” means the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.(p) 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.(Pub. L. 94–579, title I, § 103, Oct. 21, 1976, 90 Stat. 2745.)Editorial NotesReferences in Text

This Act, referred to in the opening par. and in subsec. (k), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

The Federal Property and Administrative Services Act of 1949, referred to in subsec. (j), is act June 30, 1949, ch. 288, 63 Stat. 377, which was substantially repealed and restated in chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C of subtitle I of Title 41, Public Contracts, by Pub. L. 107–217, §§ 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, which Act enacted Title 40, and Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855, which Act enacted Title 41. For complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Titles 40 and 41, see Disposition Tables preceding section 101 of Title 40 and section 101 of Title 41.

Notes of Decisions
Cited in 94 cases (14 in the last 5 years), 1977–2026 · leading case: W. Energy All. v. Zinke, 877 F.3d 1157 (10th Cir. 2017).
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W. Energy All. v. Zinke, 877 F.3d 1157 (10th Cir. 2017). · cites it 3× “55, 58 (quoting 43 U.S.C. § 1702 (c)). Additionally, the BLM “prepare[s] an environmental impact statement” in compliance with the National Environmental Protection Act (the “NEPA”) when preparing an RMP.”
Oregon Nat. Desert Ass'n v. United States Forest Serv., 465 F.3d 977 (9th Cir. 2006). · cites it 4× “1 (b)(5); 43 U.S.C. § 1702 (p). A permit grants a license to graze and establishes: (1) the number, (2) kind, (3) and class of livestock, (4) the allotment to be grazed, and (5) the period of use.”
Oregon Nat. Desert Ass'n v. Bureau of Land Mgmt., 625 F.3d 1092 (9th Cir. 2010). · cites it 5× “BERZON, Circuit Judge: OPINION The Bureau of Land Management (the “BLM” or the “Bureau”) is charged with managing “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…”
New Mexico Ex Rel. Richardson v. Bureau of Land Mgmt., 565 F.3d 683 (10th Cir. 2009). · cites it 3× “3 See 43 U.S.C. § 1702 (c). BLM also discounted one of the three alternatives analyzed in the Draft EIS: the “No-Action Alternative,” or the option of taking no new planning action.”
Oregon Nat. Desert Ass'n v. Bureau of Land Mgmt., 531 F.3d 1114 (9th Cir. 2008). · cites it 5× “” 43 U.S.C. § 1702 (c); see also id. § 1712(a), (c).”
Nat. Resources Def. Council, Inc. v. Hodel, 618 F. Supp. 848 (E.D. Cal. 1985). · cites it 9× “” 18 Congress has defined an AMP as being a document which “prescribes the manner in, and extent to, which *860 livestock operations will be conducted____” 43 U.S.C. § 1702 (k)(l). 19 On the other hand, AMPs need only describe “the type, location, ownership, and general…”
Nat'l Mining Ass'n v. Ryan Zinke, 877 F.3d 845 (9th Cir. 2017). · cites it 3× “” 43 U.S.C. § 1702 (c). Accordingly, FLPMA cautions the Secretary to give consideration 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.”
Norton v. S. Utah Wilderness All., 542 U.S. 55 (2004). “” 43 U. S. C. § 1702 (c). A second management goal, “sustained yield,” requires BLM to control depleting uses over time, so as to ensure a high level of valuable uses in the future.”
Theodore Roosevelt Conservation P'ship v. Salazar, 616 F.3d 497 (D.C. Cir. 2010). · cites it 2× “Multiple use management requires balancing various competing uses of land — “including, but not limited to, recreation, range, timber, minerals, watershed, wildlife and fish, and [uses serving] natural scenic, scientific and historical values” — to optimally manage the land.”
W. Watersheds Proj. v. Deb Haaland, 22 F.4th 828 (9th Cir. 2022). · cites it 2× “” 43 U.S.C. § 1702 (c). Although the Bureau meets this obligation in part by leasing federal land for oil and gas development, see 30 U.”
Theodore Roosevelt Conservation P'ship v. Salazar, 661 F.3d 66 (D.C. Cir. 2011). · cites it 2× “” 43 U.S.C. § 1702 (c). Achieving a sustained yield “requires [the Bureau] to control depleting uses over time, so as to ensure a high level of valuable uses in the future.”
Mineral Policy Ctr. v. Norton, 292 F. Supp. 2d 30 (D.D.C. 2003). · cites it 3× “Permanent impairment Turning to plaintiffs’ second claim, 43 U.S.C. § 1702 (c) requires “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…”
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— 43 U.S.C. § 1702(c) — 1 case
Fed. \Non-Reserved\" Water Rights" (OLC 1982).
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