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."