43 U.S.C. § 1740
Rules and regulations
The Secretary, with respect to the public lands, shall promulgate rules and regulations to carry out the purposes of this Act and of other laws applicable to the public lands, and the Secretary of Agriculture, with respect to lands within the National Forest System, shall promulgate rules and regulations to carry out the purposes of this Act. The promulgation of such rules and regulations shall be governed by the provisions of chapter 5 of title 5, without regard to section 553(a)(2). Prior to the promulgation of such rules and regulations, such lands shall be administered under existing rules and regulations concerning such lands to the extent practical.
Notes of Decisions
Cited in 22
cases, 1979–2020 · leading case: Western Mining Council v. Watt
Western Mining Council v. Watt (1981)
“43 U.S.C. § 1740 states, in relevant part: .”
Topaz Beryllium Co. v. United States (1979)
“43 U.S.C. § 1740 states, “. . . The Secretary, with respect to the public lands, shall promulgate rules and regulations to carry out the purposes of this Act and other laws applicable to the public lands .”
United States v. Rainbow Family (1988)
“§ 551 ; 43 U.S.C. § 1740 . The regulations in Part 251 which define “special uses,” and establish the types of uses for which a special use permit is required, were originally published on June 6, 1980, and amended on June 21, 1984.”
United States v. Estate of E. Wayne Hage (2016)
“§ 1752 ; see also 43 U.S.C. § 1740 (authorizing the Secretaries to promulgate “rules and regulations to carry out the purposes of this Act”).”
Mountain States Legal Foundation v. Andrus (1980)
“The stated Congressional policy was implemented through 43 U.S.C. § 1740 : “The Secretary, with respect to the public lands, shall promulgate rules and regulations to carry out the purposes of this and other laws applicable to the public lands, and the Secretary of Agriculture,…”
State of Utah v. Babbitt (1998)
“See 43 U.S.C. § 1740 . To the extent Plaintiffs generally-allege they were injured because they were denied an opportunity to comment on the.”
Alumet v. Cecil D. Andrus (1979)
“) 43 U.S.C. § 1740 provides as follows: § 1740.”
Nevada Power Co. v. Watt (1981)
“Section 310 of the FLPMA, 43 U.S.C. § 1740 , provides that the Secretary “shall promulgate rules and regulations to carry out the purposes of this Act and of other laws applicable to the public lands.”
Columbia Basin Land Protection Ass'n v. Schlesinger (1981)
“Moreover, this was the way the BLM had acted prior to FLPMA, and § 310, 43 U.S.C. § 1740 (1976), and the OAD instructed the BLM to continue under old procedures until new guidelines were released.”
W. Watersheds Project v. Zinke (2018)
“for PI 18 (emphasis added) (citing 43 U.S.C. § 1740 ("The Secretary, with respect to the public lands, shall promulgate rules and regulations to carry out the purposes of this Act and of other laws applicable to the public lands .”
Northwest Mining Ass'n v. Babbitt (1998)
“” 43 U.S.C. § 1740 . The administrator of these rules and regulations is the Director of the BLM, through the authority and at the direction of the Secretary.”
United States v. Rainbow Family (1988)
“§§ 472 & 551; 43 U.S.C. § 1740 . Where necessary to protect its proprietary interests in public lands, or where there is some other genuine interest to protect or defend, such as preserving the public health and safety, the federal government may justifiably seek equitable…”
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