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CITE

    43 USC Sec. 1733                                            01/08/2008

EXPCITE

    TITLE 43 - PUBLIC LANDS
    CHAPTER 35 - FEDERAL LAND POLICY AND MANAGEMENT
    SUBCHAPTER III - ADMINISTRATION

HEAD

    Sec. 1733. Enforcement authority

STATUTE

    (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.

SOURCE

    (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."
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