Laws: Cases and Codes : U.S. Code : Title 43 : Section 1701


   
U.S. Code as of: 01/19/04
Section 1701. Congressional declaration of policy

      (a) The Congress declares that it is the policy of the United
    States that - 
        (1) the public lands be retained in Federal ownership, unless
      as a result of the land use planning procedure provided for in
      this Act, it is determined that disposal of a particular parcel
      will serve the national interest;
        (2) the national interest will be best realized if the public
      lands and their resources are periodically and systematically
      inventoried and their present and future use is projected through
      a land use planning process coordinated with other Federal and
      State planning efforts;
        (3) public lands not previously designated for any specific use
      and all existing classifications of public lands that were
      effected by executive action or statute before October 21, 1976,
      be reviewed in accordance with the provisions of this Act;
        (4) the Congress exercise its constitutional authority to
      withdraw or otherwise designate or dedicate Federal lands for
      specified purposes and that Congress delineate the extent to
      which the Executive may withdraw lands without legislative
      action;
        (5) in administering public land statutes and exercising
      discretionary authority granted by them, the Secretary be
      required to establish comprehensive rules and regulations after
      considering the views of the general public; and to structure
      adjudication procedures to assure adequate third party
      participation, objective administrative review of initial
      decisions, and expeditious decisionmaking;
        (6) judicial review of public land adjudication decisions be
      provided by law;
        (7) goals and objectives be established by law as guidelines
      for public land use planning, and that management be on the basis
      of multiple use and sustained yield unless otherwise specified by
      law;
        (8) the public lands be managed in a manner that will protect
      the quality of scientific, scenic, historical, ecological,
      environmental, air and atmospheric, water resource, and
      archeological values; that, where appropriate, will preserve and
      protect certain public lands in their natural condition; that
      will provide food and habitat for fish and wildlife and domestic
      animals; and that will provide for outdoor recreation and human
      occupancy and use;
        (9) the United States receive fair market value of the use of
      the public lands and their resources unless otherwise provided
      for by statute;
        (10) uniform procedures for any disposal of public land,
      acquisition of non-Federal land for public purposes, and the
      exchange of such lands be established by statute, requiring each
      disposal, acquisition, and exchange to be consistent with the
      prescribed mission of the department or agency involved, and
      reserving to the Congress review of disposals in excess of a
      specified acreage;
        (11) regulations and plans for the protection of public land
      areas of critical environmental concern be promptly developed;
        (12) the public lands be managed in a manner which recognizes
      the Nation's need for domestic sources of minerals, food, timber,
      and fiber from the public lands including implementation of the
      Mining and Minerals Policy Act of 1970 (84 Stat. 1876, 30 U.S.C.
      21a) as it pertains to the public lands; and
        (13) the Federal Government should, on a basis equitable to
      both the Federal and local taxpayer, provide for payments to
      compensate States and local governments for burdens created as a
      result of the immunity of Federal lands from State and local
      taxation.

      (b) The policies of this Act shall become effective only as
    specific statutory authority for their implementation is enacted by
    this Act or by subsequent legislation and shall then be construed
    as supplemental to and not in derogation of the purposes for which
    public lands are administered under other provisions of law.



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