§ 1702. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1702]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER I--GENERAL PROVISIONS
Sec. 1702. Definitions
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) \1\ from one department, bureau or agency to
another department, bureau or agency.
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\1\ See References in Text note below.
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(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 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, Sec. 103, Oct. 21, 1976, 90 Stat. 2745.)
References 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, as amended, known as the
Federal Land Policy and Management Act of 1976. For complete
classification of this Act to the Code, see Tables.
The general land laws, referred to in subsec. (j), are classified
generally to this title.
The Federal Property and Administrative Services Act, referred to in
subsec. (j), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended,
known as the Federal Property and Administrative Services Act of 1949,
as amended. Except for title III of the Act, which is classified
generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217,
Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11
of Title 40, Public Buildings, Property, and Works. Section 3(d) of the
Act (former 40 U.S.C. 472(d)), which provided the definition of
``property'', was repealed and reenacted as section 102(9) of Title 40.
Section Referred to in Other Sections
This section is referred to in sections 1331, 1761, 1783, 1902, 2302
of this title; title 16 sections 410ii-3, 410ii-5, 460ccc, 460ooo,
460ppp-1, 5207; title 30 section 1028.
