(Pub. L. 94–579, title I, § 102,Oct. 21, 1976, 90 Stat. 2744.)
References in Text
This Act, referred to in subsecs. (a)(1), (3) and (b), 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 Mining and Minerals Policy Act of 1970, referred to in subsec. (a)(12), is Pub. L. 91–631
, Dec. 31, 1970, 84 Stat. 1876
, which is classified to section
, Mineral Lands and Mining.
Short Title of 2009 Amendment
Pub. L. 111–88
, div. A, title V, § 501,Oct. 30, 2009, 123 Stat. 2968
, provided that: “This title [enacting sections
of this title] may be cited as the ‘Federal Land Assistance, Management, and Enhancement Act of 2009’ or ‘FLAME Act of 2009’.”
Short Title of 1988 Amendment
Pub. L. 100–409
, § 1,Aug. 20, 1988, 102 Stat. 1086
, provided that: “This Act [enacting section
of this title, amending section
of this title and sections
, Conservation, and enacting provisions set out as notes under sections
of this title] may be cited as the ‘Federal Land Exchange Facilitation Act of 1988’.”
Pub. L. 94–579
, title I, § 101,Oct. 21, 1976, 90 Stat. 2744
, provided that: “This Act [see Tables for classification] may be cited as the ‘Federal Land Policy and Management Act of 1976’.”
Pub. L. 94–579
, title VII, § 701,Oct. 21, 1976, 90 Stat. 2786
, provided that:
“(a) Nothing in this Act, or in any amendment made by this Act [see Short Title note above], shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on the date of approval of this Act [Oct. 21, 1976].
“(b) Notwithstanding any provision of this Act, in the event of conflict with or inconsistency between this Act and the Acts of August 28, 1937 (50 Stat. 874
U.S.C. 1181a–1181j [1181a et seq., see Tables for classification]) and May 24, 1939 (53 Stat. 753
), insofar as they relate to management of timber resources, and disposition of revenues from lands and resources, the latter Acts shall prevail.
“(c) All withdrawals, reservations, classifications, and designations in effect as of the date of approval of this Act shall remain in full force and effect until modified under the provisions of this Act or other applicable law.
“(d) Nothing in this Act, or in any amendments made by this Act, shall be construed as permitting any person to place, or allow to be placed, spent oil shale, overburden, or byproducts from the recovery of other minerals found with oil shale, on any Federal land other than Federal land which has been leased for the recovery of shale oil under the Act of February 25, 1920 (41 Stat. 437
, as amended; 30
“(e) Nothing in this Act shall be construed as modifying, revoking, or changing any provision of the Alaska Native Claims Settlement Act (85 Stat. 688
, as amended; 43
“(f) Nothing in this Act shall be deemed to repeal any existing law by implication.
“(g) Nothing in this Act shall be construed as limiting or restricting the power and authority of the United States or—
“(1) as affecting in any way any law governing appropriation or use of, or Federal right to, water on public lands;
“(2) as expanding or diminishing Federal or State jurisdiction, responsibility, interests, or rights in water resources development or control;
“(3) as displacing, superseding, limiting, or modifying any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more States or of two or more States and the Federal Government;
“(4) as superseding, modifying, or repealing, except as specifically set forth in this Act, existing laws applicable to the various Federal agencies which are authorized to develop or participate in the development of water resources or to exercise licensing or regulatory functions in relation thereto;
“(5) as modifying the terms of any interstate compact;
“(6) as a limitation upon any State criminal statute or upon the police power of the respective States, or as derogating the authority of a local police officer in the performance of his duties, or as depriving any State or political subdivision thereof of any right it may have to exercise civil and criminal jurisdiction on the national resource lands; or as amending, limiting, or infringing the existing laws providing grants of lands to the States.
“(h) All actions by the Secretary concerned under this Act shall be subject to valid existing rights.
“(i) The adequacy of reports required by this Act to be submitted to the Congress or its committees shall not be subject to judicial review.
“(j) Nothing in this Act shall be construed as affecting the distribution of livestock grazing revenues to local governments under the Granger-Thye Act (64 Stat. 85
), under the Act of May 23, 1908 (35 Stat. 260
, as amended; 16
), under the Act of March 4, 1913 (37 Stat. 843
, as amended; 16
), and under the Act of June 20, 1910 (36 Stat. 557
Section 707 ofPub. L. 94–579
provided that: “If any provision of this Act [see Short Title note set out above] or the application thereof is held invalid, the remainder of the Act and the application thereof shall not be affected thereby.”
Section 706(b) ofPub. L. 94–579
provided that: “Nothing in section
706(a) [see Tables for classification], except as it pertains to rights-of-way, may be construed as affecting the authority of the Secretary of Agriculture under the Act of June 4, 1897 (30 Stat. 35
, as amended, 16
); the Act of July 22, 1937 (50 Stat. 525
, as amended, 7
U.S.C. 1010–1212); or the Act of September 3, 1954 (68 Stat. 1146