USC Subchapter III

in effect

43 U.S.C. § 1731 Bureau of Land Management

(a) Director; appointment, qualifications, functions, and dutiesThe Bureau of Land Management established by Reorganization Plan Numbered 3, of 1946 shall have as its head a Director. Appointments to the position of Director shall hereafter be made by the President, by and with the advice and consent of the Senate. The Director of the Bureau shall have a broad background and substantial experience in public land and natural resource management. He shall carry out such functions and shall perform such duties as the Secretary may prescribe with respect to the management of lands and resources under his jurisdiction according to the applicable provisions of this Act and any other applicable law. (b) Statutory transfer of functions, powers and duties relating to administration of lawsSubject to the discretion granted to him by Reorganization Plan Numbered 3 of 1950, the Secretary shall carry out through the Bureau all functions, powers, and duties vested in him and relating to the administration of laws which, on October 21, 1976, were carried out by him through the Bureau of Land Management established by section 403 of Reorganization Plan Numbered 3 of 1946. The Bureau shall administer such laws according to the provisions thereof existing as of October 21, 1976, as modified by the provisions of this Act or by subsequent law. (c) Associate Director, Assistant Directors, and other employees; appointment and compensationIn addition to the Director, there shall be an Associate Director of the Bureau and so many Assistant Directors, and other employees, as may be necessary, who shall be appointed by the Secretary subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter 3 11 So in original. Probably should be subchapter “III”. of chapter 53 of such title relating to classification and General Schedule pay rates. (d) Existing regulations relating to administration of lawsNothing in this section shall affect any regulation of the Secretary with respect to the administration of laws administered by him through the Bureau on October 21, 1976.

43 U.S.C. § 1732 Management of use, occupancy, and development of public lands

(a) Multiple use and sustained yield requirements applicable; exceptionThe Secretary shall manage the public lands under principles of multiple use and sustained yield, in accordance with the land use plans developed by him under section 1712 of this title when they are available, except that where a tract of such public land has been dedicated to specific uses according to any other provisions of law it shall be managed in accordance with such law. (b) Easements, permits, etc., for utilization through habitation, cultivation, and development of small trade or manufacturing concerns; applicable statutory requirementsIn managing the public lands, the Secretary shall, subject to this Act and other applicable law and under such terms and conditions as are consistent with such law, regulate, through easements, permits, leases, licenses, published rules, or other instruments as the Secretary deems appropriate, the use, occupancy, and development of the public lands, including, but not limited to, long-term leases to permit individuals to utilize public lands for habitation, cultivation, and the development of small trade or manufacturing concerns: Provided, That unless otherwise provided for by law, the Secretary may permit Federal departments and agencies to use, occupy, and develop public lands only through rights-of-way under section 1767 of this title, withdrawals under section 1714 of this title, and, where the proposed use and development are similar or closely related to the programs of the Secretary for the public lands involved, cooperative agreements under section 1737(b) of this title: Provided further, That nothing in this Act shall be construed as authorizing the Secretary concerned to require Federal permits to hunt and fish on public lands or on lands in the National Forest System and adjacent waters or as enlarging or diminishing the responsibility and authority of the States for management of fish and resident wildlife. However, the Secretary concerned may designate areas of public land and of lands in the National Forest System where, and establish periods when, no hunting or fishing will be permitted for reasons of public safety, administration, or compliance with provisions of applicable law. Except in emergencies, any regulations of the Secretary concerned relating to hunting and fishing pursuant to this section shall be put into effect only after consultation with the appropriate State fish and game department. Nothing in this Act shall modify or change any provision of Federal law relating to migratory birds or to endangered or threatened species. Except as provided in section 1744, section 1782, and subsection (f) of section 1781 of this title and in the last sentence of this paragraph, no provision of this section or any other section of this Act shall in any way amend the Mining Law of 1872 or impair the rights of any locators or claims under that Act, including, but not limited to, rights of ingress and egress. In managing the public lands the Secretary shall, by regulation or otherwise, take any action necessary to prevent unnecessary or undue degradation of the lands. (c) Revocation or suspension provision in instrument authorizing use, occupancy or development; violation of provision; procedure applicableThe Secretary shall insert in any instrument providing for the use, occupancy, or development of the public lands a provision authorizing revocation or suspension, after notice and hearing, of such instrument upon a final administrative finding of a violation of any term or condition of the instrument, including, but not limited to, terms and conditions requiring compliance with regulations under Acts applicable to the public lands and compliance with applicable State or Federal air or water quality standard or implementation plan: Provided, That such violation occurred on public lands covered by such instrument and occurred in connection with the exercise of rights and privileges granted by it: Provided further, That the Secretary shall terminate any such suspension no later than the date upon which he determines the cause of said violation has been rectified: Provided further, That the Secretary may order an immediate temporary suspension prior to a hearing or final administrative finding if he determines that such a suspension is necessary to protect health or safety or the environment: Provided further, That, where other applicable law contains specific provisions for suspension, revocation, or cancellation of a permit, license, or other authorization to use, occupy, or develop the public lands, the specific provisions of such law shall prevail. (d) Authorization to utilize certain public lands in Alaska for military purposes(1) The Secretary of the Interior, after consultation with the Governor of Alaska, may issue to the Secretary of Defense or to the Secretary of a military department within the Department of Defense or to the Commandant of the Coast Guard a nonrenewable general authorization to utilize public lands in Alaska (other than within a conservation system unit or the Steese National Conservation Area or the White Mountains National Recreation Area) for purposes of military maneuvering, military training, or equipment testing not involving artillery firing, aerial or other gunnery, or other use of live ammunition or ordnance. (2) Use of public lands pursuant to a general authorization under this subsection shall be limited to areas where such use would not be inconsistent with the plans prepared pursuant to section 1712 of this title. Each such use shall be subject to a requirement that the using department shall be responsible for any necessary cleanup and decontamination of the lands used, and to such other terms and conditions (including but not limited to restrictions on use of off-road or all-terrain vehicles) as the Secretary of the Interior may require to—(A) minimize adverse impacts on the natural, environmental, scientific, cultural, and other resources and values (including fish and wildlife habitat) of the public lands involved; and (B) minimize the period and method of such use and the interference with or restrictions on other uses of the public lands involved. (3)(A) A general authorization issued pursuant to this subsection shall not be for a term of more than three years and shall be revoked in whole or in part, as the Secretary of the Interior finds necessary, prior to the end of such term upon a determination by the Secretary of the Interior that there has been a failure to comply with its terms and conditions or that activities pursuant to such an authorization have had or might have a significant adverse impact on the resources or values of the affected lands. (B) Each specific use of a particular area of public lands pursuant to a general authorization under this subsection shall be subject to specific authorization by the Secretary and to appropriate terms and conditions, including such as are described in paragraph (2) of this subsection. (4) Issuance of a general authorization pursuant to this subsection shall be subject to the provisions of section 1712(f) of this title, section 3120 of title 16, and all other applicable provisions of law. The Secretary of a military department (or the Commandant of the Coast Guard) requesting such authorization shall reimburse the Secretary of the Interior for the costs of implementing this paragraph. An authorization pursuant to this subsection shall not authorize the construction of permanent structures or facilities on the public lands. (5) To the extent that public safety may require closure to public use of any portion of the public lands covered by an authorization issued pursuant to this subsection, the Secretary of the military Department concerned or the Commandant of the Coast Guard shall take appropriate steps to notify the public concerning such closure and to provide appropriate warnings of risks to public safety. (6) For purposes of this subsection, the term “conservation system unit” has the same meaning as specified in section 3102 of title 16.

43 U.S.C. § 1733 Enforcement authority

(a) Regulations for implementation of management, use, and protection requirements; violations; criminal penaltiesThe 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; jurisdictionAt 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 ordinancesIn 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 regulationsNothing 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 provisionsNothing in this Act shall be construed as reducing or limiting the enforcement authority vested in the Secretary by any other statute. (g) Unlawful activitiesThe 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.

43 U.S.C. § 1734 Fees, charges, and commissions

(a) Authority to establish and modifyNotwithstanding any other provision of law, the Secretary may establish reasonable filing and service fees and reasonable charges, and commissions with respect to applications and other documents relating to the public lands and may change and abolish such fees, charges, and commissions. (b) Deposits for payments to reimburse reasonable costs of United StatesThe Secretary is authorized to require a deposit of any payments intended to reimburse the United States for reasonable costs with respect to applications and other documents relating to such lands. The moneys received for reasonable costs under this subsection shall be deposited with the Treasury in a special account and are hereby authorized to be appropriated and made available until expended. As used in this section “reasonable costs” include, but are not limited to, the costs of special studies; environmental impact statements; monitoring construction, operation, maintenance, and termination of any authorized facility; or other special activities. In determining whether costs are reasonable under this section, the Secretary may take into consideration actual costs (exclusive of management overhead), the monetary value of the rights or privileges sought by the applicant, the efficiency to the government processing involved, that portion of the cost incurred for the benefit of the general public interest rather than for the exclusive benefit of the applicant, the public service provided, and other factors relevant to determining the reasonableness of the costs. (c) RefundsIn any case where it shall appear to the satisfaction of the Secretary that any person has made a payment under any statute relating to the sale, lease, use, or other disposition of public lands which is not required or is in excess of the amount required by applicable law and the regulations issued by the Secretary, the Secretary, upon application or otherwise, may cause a refund to be made from applicable funds.

43 U.S.C. § 1734a Availability of excess fees

In fiscal year 1997 and thereafter, all fees, excluding mining claim fees, in excess of the fiscal year 1996 collections established by the Secretary of the Interior under the authority of section 1734 of this title for processing, recording, or documenting authorizations to use public lands or public land natural resources (including cultural, historical, and mineral) and for providing specific services to public land users, and which are not presently being covered into any Bureau of Land Management appropriation accounts, and not otherwise dedicated by law for a specific distribution, shall be made immediately available for program operations in this account and remain available until expended.

43 U.S.C. § 1735 Forfeitures and deposits

(a) Credit to separate account in Treasury; appropriation and availabilityAny moneys received by the United States as a result of the forfeiture of a bond or other security by a resource developer or purchaser or permittee who does not fulfill the requirements of his contract or permit or does not comply with the regulations of the Secretary; or as a result of a compromise or settlement of any claim whether sounding in tort or in contract involving present or potential damage to the public lands shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made available, until expended as the Secretary may direct, to cover the cost to the United States of any improvement, protection, or rehabilitation work on those public lands which has been rendered necessary by the action which has led to the forfeiture, compromise, or settlement. (b) Expenditure of moneys collected administering Oregon and California Railroad and Coos Bay Wagon Road Grant landsAny moneys collected under this Act in connection with lands administered under the Act of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a–1181j),11 See References in Text note below. shall be expended for the benefit of such land only. (c) RefundsIf any portion of a deposit or amount forfeited under this Act is found by the Secretary to be in excess of the cost of doing the work authorized under this Act, the Secretary, upon application or otherwise, may cause a refund of the amount in excess to be made from applicable funds.

43 U.S.C. § 1736 Working capital fund

(a) Establishment; availability of fundThere is hereby established a working capital fund for the management of the public lands. This fund shall be available without fiscal year limitation for expenses necessary for furnishing, in accordance with chapters 1 to 11 of title 40 and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, and regulations promulgated thereunder, supplies and equipment services in support of Bureau programs, including but not limited to, the purchase or construction of storage facilities, equipment yards, and related improvements and the purchase, lease, or rent of motor vehicles, aircraft, heavy equipment, and fire control and other resource management equipment within the limitations set forth in appropriations made to the Secretary for the Bureau. (b) Initial funding; subsequent transfersThe initial capital of the fund shall consist of appropriations made for that purpose together with the fair and reasonable value at the fund’s inception of the inventories, equipment, receivables, and other assets, less the liabilities, transferred to the fund. The Secretary is authorized to make such subsequent transfers to the fund as he deems appropriate in connection with the functions to be carried on through the fund. (c) Payments credited to fund; amount; advancement or reimbursementThe fund shall be credited with payments from appropriations, and funds of the Bureau, other agencies of the Department of the Interior, other Federal agencies, and other sources, as authorized by law, at rates approximately equal to the cost of furnishing the facilities, supplies, equipment, and services (including depreciation and accrued annual leave). Such payments may be made in advance in connection with firm orders, or by way of reimbursement. (d) Authorization of appropriationsThere is hereby authorized to be appropriated a sum not to exceed $3,000,000 as initial capital of the working capital fund.

43 U.S.C. § 1736a Revolving fund derived from disposal of salvage timber

There is hereby established in the Treasury of the United States a special fund to be derived on and after October 5, 1992, from the Federal share of moneys received from the disposal of salvage timber prepared for sale from the lands under the jurisdiction of the Bureau of Land Management, Department of the Interior. The money in this fund shall be immediately available to the Bureau of Land Management without further appropriation, for the purposes of planning and preparing salvage timber for disposal, the administration of salvage timber sales, and subsequent site preparation and reforestation.

43 U.S.C. § 1737 Implementation provisions

(a) Investigations, studies, and experimentsThe Secretary may conduct investigations, studies, and experiments, on his own initiative or in cooperation with others, involving the management, protection, development, acquisition, and conveying of the public lands. (b) Contracts and cooperative agreementsSubject to the provisions of applicable law, the Secretary may enter into contracts and cooperative agreements involving the management, protection, development, and sale of public lands. (c) Contributions and donations of money, services, and propertyThe Secretary may accept contributions or donations of money, services, and property, real, personal, or mixed, for the management, protection, development, acquisition, and conveying of the public lands, including the acquisition of rights-of-way for such purposes. He may accept contributions for cadastral surveying performed on federally controlled or intermingled lands. Moneys received hereunder shall be credited to a separate account in the Treasury and are hereby authorized to be appropriated and made available until expended, as the Secretary may direct, for payment of expenses incident to the function toward the administration of which the contributions were made and for refunds to depositors of amounts contributed by them in specific instances where contributions are in excess of their share of the cost. (d) Recruitment of volunteersThe Secretary may recruit, without regard to the civil service classification laws, rules, or regulations, the services of individuals contributed without compensation as volunteers for aiding in or facilitating the activities administered by the Secretary through the Bureau of Land Management. (e) Restrictions on activities of volunteersIn accepting such services of individuals as volunteers, the Secretary—(1) shall not permit the use of volunteers in hazardous duty or law enforcement work, or in policymaking processes or to displace any employee; and (2) may provide for services or costs incidental to the utilization of volunteers, including transportation, supplies, lodging, subsistence, recruiting, training, and supervision. (f) Federal employment status of volunteersVolunteers shall not be deemed employees of the United States except for the purposes of—(1) the tort claims provisions of title 28; (2) subchapter 1 11 So in original. Probably should be subchapter “I”. of chapter 81 of title 5; and (3) claims relating to damage to, or loss of, personal property of a volunteer incident to volunteer service, in which case the provisions of section 3721 of title 31 shall apply. (g) Authorization of appropriationsEffective with fiscal years beginning after September 30, 1984, there are authorized to be appropriated such sums as may be necessary to carry out the provisions of subsection (d), but not more than $250,000 may be appropriated for any one fiscal year.

43 U.S.C. § 1738 Contracts for surveys and resource protection; renewals; funding requirements

(a) The Secretary is authorized to enter into contracts for the use of aircraft, and for supplies and services, prior to the passage of an appropriation therefor, for airborne cadastral survey and resource protection operations of the Bureau. He may renew such contracts annually, not more than twice, without additional competition. Such contracts shall obligate funds for the fiscal years in which the costs are incurred. (b) Each such contract shall provide that the obligation of the United States for the ensuing fiscal years is contingent upon the passage of an applicable appropriation, and that no payment shall be made under the contract for the ensuing fiscal years until such appropriation becomes available for expenditure.

43 U.S.C. § 1739 Advisory councils

(a) Establishment; membership; operationThe Secretary shall establish advisory councils of not less than ten and not more than fifteen members appointed by him from among persons who are representative of the various major citizens’ interests concerning the problems relating to land use planning or the management of the public lands located within the area for which an advisory council is established. At least one member of each council shall be an elected official of general purpose government serving the people of such area. To the extent practicable there shall be no overlap or duplication of such councils. Appointments shall be made in accordance with rules prescribed by the Secretary. The establishment and operation of an advisory council established under this section shall conform to the requirements of chapter 10 of title 5. (b) MeetingsNotwithstanding the provisions of subsection (a) of this section, each advisory council established by the Secretary under this section shall meet at least once a year with such meetings being called by the Secretary. (c) Travel and per diem paymentsMembers of advisory councils shall serve without pay, except travel and per diem will be paid each member for meetings called by the Secretary. (d) FunctionsAn advisory council may furnish advice to the Secretary with respect to the land use planning, classification, retention, management, and disposal of the public lands within the area for which the advisory council is established and such other matters as may be referred to it by the Secretary. (e) Public participation; procedures applicableIn exercising his authorities under this Act, the Secretary, by regulation, shall establish procedures, including public hearings where appropriate, to give the Federal, State, and local governments and the public adequate notice and an opportunity to comment upon the formulation of standards and criteria for, and to participate in, the preparation and execution of plans and programs for, and the management of, the public lands.

43 U.S.C. § 1740 Rules and regulations

The Secretary, with respect to the public lands, shall promulgate rules and regulations to carry out the purposes of this Act and of other laws applicable to the public lands, and the Secretary of Agriculture, with respect to lands within the National Forest System, shall promulgate rules and regulations to carry out the purposes of this Act. The promulgation of such rules and regulations shall be governed by the provisions of chapter 5 of title 5, without regard to section 553(a)(2). Prior to the promulgation of such rules and regulations, such lands shall be administered under existing rules and regulations concerning such lands to the extent practical.

43 U.S.C. § 1741 Annual reports

(a) Purpose; time for submissionFor the purpose of providing information that will aid Congress in carrying out its oversight responsibilities for public lands programs and for other purposes, the Secretary shall prepare a report in accordance with subsections (b) and (c) and submit it to the Congress no later than one hundred and twenty days after the end of each fiscal year beginning with the report for fiscal year 1979. (b) FormatA list of programs and specific information to be included in the report as well as the format of the report shall be developed by the Secretary after consulting with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and shall be provided to the committees prior to the end of the second quarter of each fiscal year. (c) ContentsThe report shall include, but not be limited to, program identification information, program evaluation information, and program budgetary information for the preceding current and succeeding fiscal years.

43 U.S.C. § 1742 Search, rescue, and protection forces; emergency situations authorizing hiring

Where in his judgment sufficient search, rescue, and protection forces are not otherwise available, the Secretary is authorized in cases of emergency to incur such expenses as may be necessary (a) in searching for and rescuing, or in cooperating in the search for and rescue of, persons lost on the public lands, (b) in protecting or rescuing, or in cooperating in the protection and rescue of, persons or animals endangered by an act of God, and (c) in transporting deceased persons or persons seriously ill or injured to the nearest place where interested parties or local authorities are located.

43 U.S.C. § 1742a Good Samaritan Search and Recovery Act

(a) DefinitionsIn this section:(1) EligibleThe term “eligible”, with respect to an organization or individual, means that the organization or individual, respectively, is—(A) acting in a not-for-profit capacity; and (B) composed entirely of members who, at the time of the good Samaritan search-and-recovery mission, have attained the age of majority under the law of the State where the mission takes place. (2) Good Samaritan search-and-recovery missionThe term “good Samaritan search-and-recovery mission” means a search conducted by an eligible organization or individual for 1 or more missing individuals believed to be deceased at the time that the search is initiated. (3) SecretaryThe term “Secretary” means the Secretary or the Secretary of Agriculture, as applicable. (b) Process(1) In generalEach Secretary shall develop and implement a process to expedite access to Federal land under the administrative jurisdiction of the Secretary for eligible organizations and individuals to request access to Federal land to conduct good Samaritan search-and-recovery missions. (2) InclusionsThe process developed and implemented under this subsection shall include provisions to clarify that—(A) an eligible organization or individual granted access under this section—(i) shall be acting for private purposes; and (ii) shall not be considered to be a Federal volunteer; (B) an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered to be a volunteer under section 102301(c) of title 54; (C) chapter 171 of title 28 (commonly known as the “Federal Tort Claims Act”) shall not apply to an eligible organization or individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and (D) chapter 81 of title 5 (commonly known as the “Federal Employees Compensation Act”) shall not apply to an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section, and the conduct of the good Samaritan search-and-recovery mission shall not constitute civilian employment. (c) Release of Federal Government from liabilityThe Secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing Federal land under this section, if the eligible organization or individual—(1) acknowledges and consents, in writing, to the provisions described in subparagraphs (A) through (D) of subsection (b)(2); and (2) signs a waiver releasing the Federal Government from all liability relating to the access granted under this section and agrees to indemnify and hold harmless the United States from any claims or lawsuits arising from any conduct by the eligible organization or individual on Federal land. (d) Approval and denial of requests(1) In generalThe Secretary shall notify an eligible organization or individual of the approval or denial of a request by the eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section by not later than 48 hours after the request is made. (2) DenialsIf the Secretary denies a request from an eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or individual of—(A) the reason for the denial of the request; and (B) any actions that the eligible organization or individual can take to meet the requirements for the request to be approved. (e) PartnershipsEach Secretary shall develop search-and-recovery-focused partnerships with search-and-recovery organizations—(1) to coordinate good Samaritan search-and-recovery missions on Federal land under the administrative jurisdiction of the Secretary; and (2) to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of the Secretary. (f) ReportNot later than 180 days after March 12, 2019, the Secretaries shall submit to Congress a joint report describing—(1) plans to develop partnerships described in subsection (e)(1); and (2) efforts carried out to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of each Secretary pursuant to subsection (e)(2).

43 U.S.C. § 1743 Disclosure of financial interests by officers or employees

(a) Annual written statement; availability to publicEach officer or employee of the Secretary and the Bureau who—(1) performs any function or duty under this Act; and (2) has any known financial interest in any person who (A) applies for or receives any permit, lease, or right-of-way under, or (B) applies for or acquires any land or interests therein under, or (C) is otherwise subject to the provisions of, this Act, shall, beginning on February 1, 1977, annually file with the Secretary a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public. (b) Implementation of requirementsThe Secretary shall—(1) act within ninety days after October 21, 1976—(A) to define the term “known financial interests” for the purposes of subsection (a) of this section; and (B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Secretary of such statements; and (2) report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. (c) Exempted personnelIn the rules prescribed in subsection (b) of this section, the Secretary may identify specific positions within the Department of the Interior which are of a nonregulatory or nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section. (d) Violations; criminal penaltiesAny officer or employee who is subject to, and knowingly violates, this section, shall be fined not more than $2,500 or imprisoned not more than one year, or both.

43 U.S.C. § 1744 Recordation of mining claims

(a) Filing requirementsThe owner of an unpatented lode or placer mining claim located prior to October 21, 1976, shall, within the three-year period following October 21, 1976 and prior to December 31 of each year thereafter, file the instruments required by paragraphs (1) and (2) of this subsection. The owner of an unpatented lode or placer mining claim located after October 21, 1976 shall, prior to December 31 of each year following the calendar year in which the said claim was located, file the instruments required by paragraphs (1) and (2) of this subsection:(1) File for record in the office where the location notice or certificate is recorded either a notice of intention to hold the mining claim (including but not limited to such notices as are provided by law to be filed when there has been a suspension or deferment of annual assessment work), an affidavit of assessment work performed thereon, on 11 So in original. Probably should be “or”. a detailed report provided by section 28–1 of title 30, relating thereto. (2) File in the office of the Bureau designated by the Secretary a copy of the official record of the instrument filed or recorded pursuant to paragraph (1) of this subsection, including a description of the location of the mining claim sufficient to locate the claimed lands on the ground. (b) Additional filing requirementsThe owner of an unpatented lode or placer mining claim or mill or tunnel site located prior to October 21, 1976 shall, within the three-year period following October 21, 1976, file in the office of the Bureau designated by the Secretary a copy of the official record of the notice of location or certificate of location, including a description of the location of the mining claim or mill or tunnel site sufficient to locate the claimed lands on the ground. The owner of an unpatented lode or placer mining claim or mill or tunnel site located after October 21, 1976 shall, within ninety days after the date of location of such claim, file in the office of the Bureau designated by the Secretary a copy of the official record of the notice of location or certificate of location, including a description of the location of the mining claim or mill or tunnel site sufficient to locate the claimed lands on the ground. (c) Failure to file as constituting abandonment; defective or untimely filingThe failure to file such instruments as required by subsections (a) and (b) shall be deemed conclusively to constitute an abandonment of the mining claim or mill or tunnel site by the owner; but it shall not be considered a failure to file if the instrument is defective or not timely filed for record under other Federal laws permitting filing or recording thereof, or if the instrument is filed for record by or on behalf of some but not all of the owners of the mining claim or mill or tunnel site. (d) Validity of claims, waiver of assessment, etc., as unaffectedSuch recordation or application by itself shall not render valid any claim which would not be otherwise valid under applicable law. Nothing in this section shall be construed as a waiver of the assessment and other requirements of such law.

43 U.S.C. § 1745 Disclaimer of interest in lands

(a) Issuance of recordable document; criteriaAfter consulting with any affected Federal agency, the Secretary is authorized to issue a document of disclaimer of interest or interests in any lands in any form suitable for recordation, where the disclaimer will help remove a cloud on the title of such lands and where he determines (1) a record interest of the United States in lands has terminated by operation of law or is otherwise invalid; or (2) the lands lying between the meander line shown on a plat of survey approved by the Bureau or its predecessors and the actual shoreline of a body of water are not lands of the United States; or (3) accreted, relicted, or avulsed lands are not lands of the United States. (b) Procedures applicableNo document or disclaimer shall be issued pursuant to this section unless the applicant therefor has filed with the Secretary an application in writing and notice of such application setting forth the grounds supporting such application has been published in the Federal Register at least ninety days preceding the issuance of such disclaimer and until the applicant therefor has paid to the Secretary the administrative costs of issuing the disclaimer as determined by the Secretary. All receipts shall be deposited to the then-current appropriation from which expended. (c) Construction as quit-claim deed from United StatesIssuance of a document of disclaimer by the Secretary pursuant to the provisions of this section and regulations promulgated hereunder shall have the same effect as a quit-claim deed from the United States.

43 U.S.C. § 1746 Correction of conveyance documents

The Secretary may correct patents or documents of conveyance issued pursuant to section 1718 of this title or to other Acts relating to the disposal of public lands where necessary in order to eliminate errors. In addition, the Secretary may make corrections of errors in any documents of conveyance which have heretofore been issued by the Federal Government to dispose of public lands. Any corrections authorized by this section which affect the boundaries of, or jurisdiction over, land administered by another Federal agency shall be made only after consultation with, and the approval of, the head of such other agency.

43 U.S.C. § 1747 Loans to States and political subdivisions; purposes; amounts; allocation; terms and conditions; interest rate; security; limitations; forebearance for benefit of borrowers; recordkeeping requirements; discrimination prohibited; deposit of receipts

(1) The Secretary is authorized to make loans to States and their political subdivisions in order to relieve social or economic impacts occasioned by the development of minerals leased in such States pursuant to the Act of February 25, 1920, as amended [30 U.S.C. 181 et seq.]. Such loans shall be confined to the uses specified for the 50 per centum of mineral leasing revenues to be received by such States and subdivisions pursuant to section 35 of such Act [30 U.S.C. 191]. (2) The total amount of loans outstanding pursuant to this section for any State and political subdivisions thereof in any year shall be not more than the anticipated mineral leasing revenues to be received by that State pursuant to section 35 of the Act of February 25, 1920, as amended [30 U.S.C. 191], for the ten years following. (3) The Secretary, after consultation with the Governors of the affected States, shall allocate such loans among the States and their political subdivisions in a fair and equitable manner, giving priority to those States and subdivisions suffering the most severe impacts. (4) Loans made pursuant to this section shall be subject to such terms and conditions as the Secretary determines necessary to assure the achievement of the purpose of this section. The Secretary shall promulgate such regulations as may be necessary to carry out the provisions of this section no later than three months after August 20, 1978. (5) Loans made pursuant to this section shall bear interest equivalent to the lowest interest rate paid on an issue of at least $1,000,000 of tax exempt bonds of such State or any agency thereof within the preceding calendar year. (6) Any loan made pursuant to this section shall be secured only by a pledge of the revenues received by the State or the political subdivision thereof pursuant to section 35 of the Act of February 25, 1920, as amended [30 U.S.C. 191], and shall not constitute an obligation upon the general property or taxing authority of such unit of government. (7) Notwithstanding any other provision of law, loans made pursuant to this section may be used for the non-Federal share of the aggregate cost of any project or program otherwise funded by the Federal Government which requires a non-Federal share for such project or program and which provides planning or public facilities otherwise eligible for assistance under this section. (8) Nothing in this section shall be construed to preclude any forebearance 11 So in original. for the benefit of the borrower including loan restructuring, which may be determined by the Secretary as justified by the failure of anticipated mineral development or related revenues to materialize as expected when the loan was made pursuant to this section. (9) Recipients of loans made pursuant to this section shall keep such records as the Secretary shall prescribe by regulation, including records which fully disclose the disposition of the proceeds of such assistance and such other records as the Secretary may require to facilitate an effective audit. The Secretary and the Comptroller General of the United States or their duly authorized representatives shall have access, for the purpose of audit, to such records. (10) No person in the United States shall, on the grounds of race, color, religion, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or part with funds made available under this section. (11) All amounts collected in connection with loans made pursuant to this section, including interest payments or repayments of principal on loans, fees, and other moneys, derived in connection with this section, shall be deposited in the Treasury as miscellaneous receipts.

43 U.S.C. § 1748 Funding requirements

(a) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out the purposes and provisions of this Act, but no amounts shall be appropriated to carry out after October 1, 2002, any program, function, or activity of the Bureau under this or any other Act unless such sums are specifically authorized to be appropriated as of October 21, 1976 or are authorized to be appropriated in accordance with the provisions of subsection (b) of this section. (b) Procedure applicable for authorization of appropriationsConsistent with section 1110 of title 31, beginning May 15, 1977, and not later than May 15 of each second even numbered year thereafter, the Secretary shall submit to the Speaker of the House of Representatives and the President of the Senate a request for the authorization of appropriations for all programs, functions, and activities of the Bureau to be carried out during the four-fiscal-year period beginning on October 1 of the calendar year following the calendar year in which such request is submitted. The Secretary shall include in his request, in addition to the information contained in his budget request and justification statement to the Office of Management and Budget, the funding levels which he determines can be efficiently and effectively utilized in the execution of his responsibilities for each such program, function, or activity, notwithstanding any budget guidelines or limitations imposed by any official or agency of the executive branch. (c) Distribution of receipts from Bureau from disposal of lands, etc.Nothing in this section shall apply to the distribution of receipts of the Bureau from the disposal of lands, natural resources, and interests in lands in accordance with applicable law, nor to the use of contributed funds, private deposits for public survey work, and townsite trusteeships, nor to fund allocations from other Federal agencies, reimbursements from both Federal and non-Federal sources, and funds expended for emergency firefighting and rehabilitation. (d) Purchase of certain public lands from Land and Water Conservation FundIn exercising the authority to acquire by purchase granted by section 1715(a) of this title, the Secretary may use the Land and Water Conservation Fund to purchase lands which are necessary for proper management of public lands which are primarily of value for outdoor recreation purposes.

43 U.S.C. § 1748a FLAME Wildfire Suppression Reserve Funds

(a) DefinitionsIn this section:(1) Federal landThe term “Federal land” means—(A) public land, as defined in section 1702 of this title; (B) units of the National Park System; (C) refuges of the National Wildlife Refuge System; (D) land held in trust by the United States for the benefit of Indian tribes or members of an Indian tribe; and (E) land in the National Forest System, as defined in section 1609(a) of title 16. (2) FLAME FundThe term “FLAME Fund” means a FLAME Wildfire Suppression Reserve Fund established by subsection (b). (3) Relevant congressional committeesThe term “relevant congressional committees” means the Committee on Appropriations, the Committee on Natural Resources, and the Committee on Agriculture of the House of Representatives and the Committee on Appropriations, the Committee on Energy and Natural Resources, and the Committee on Indian Affairs of the Senate. (4) Secretary concernedThe term “Secretary concerned” means—(A) the Secretary of the Interior, with respect to—(i) Federal land described in subparagraphs (A), (B), (C), and (D) of paragraph (1); and (ii) the FLAME Fund established for the Department of the Interior; and (B) the Secretary of Agriculture, with respect to—(i) National Forest System land; and (ii) the FLAME Fund established for the Department of the Agriculture. (b) Establishment of FLAME FundsThere is established in the Treasury of the United States the following accounts:(1) The FLAME Wildfire Suppression Reserve Fund for the Department of the Interior. (2) The FLAME Wildfire Suppression Reserve Fund for the Department of Agriculture. (c) Purpose of FLAME FundsThe FLAME Funds shall be available to cover the costs of large or complex wildfire events and as a reserve when amounts provided for wildfire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts are exhausted. (d) Funding(1) Credits to fundsA FLAME Fund shall consist of the following:(A) Such amounts as are appropriated to that FLAME Fund. (B) Such amounts as are transferred to that FLAME Fund under paragraph (5). (2) Authorization of appropriations(A) Authorization of appropriationsThere are authorized to be appropriated to the FLAME Funds such amounts as are necessary to carry out this section. (B) Congressional intentIt is the intent of Congress that, for fiscal year 2011 and each fiscal year thereafter, the amounts requested by the President for a FLAME Fund should be not less than the amount estimated by the Secretary concerned as the amount necessary for that fiscal year for wildfire suppression activities of the Secretary that meet the criteria specified in subsection (e)(2)(B)(i). (C) Sense of Congress on designation of flame fund appropriations, supplemental funding request, and supplement to other suppression fundingIt is the sense of Congress that for fiscal year 2011 and each fiscal year thereafter—(i) amounts appropriated to a FLAME Fund in excess of the amount estimated by the Secretary concerned as the amount necessary for that fiscal year for wildfire suppression activities of the Secretary that meet the criteria specified in subsection (e)(2)(B)(i) should be designated as amounts necessary to meet emergency needs; (ii) the Secretary concerned should promptly make a supplemental request for additional funds to replenish the FLAME Fund if the Secretary determines that the FLAME Fund will be exhausted within 30 days; and (iii) funding made available through the FLAME Fund should be used to supplement the funding otherwise appropriated to the Secretary concerned for wildfire suppression and Federal emergency response in the Wildland Fire Management appropriation accounts. (3) AvailabilityAmounts in a FLAME Fund shall remain available to the Secretary concerned until expended. (4) Notice of insufficient fundsThe Secretary concerned shall notify the relevant congressional committees if the Secretary estimates that only 60 days worth of funds remain in the FLAME Fund administered by that Secretary. (5) Transfer authorityIf a FLAME Fund has insufficient funds, the Secretary concerned administering the other FLAME Fund may transfer amounts to the FLAME Fund with insufficient funds. Not more than $100,000,000 may be transferred from a FLAME Fund during any fiscal year under this authority. (e) Use of FLAME Fund(1) In generalSubject to paragraphs (2) and (3), amounts in a FLAME Fund shall be available to the Secretary concerned to transfer to the Wildland Fire Management appropriation account of that Secretary to pay the costs of wildfire suppression activities of that Secretary that are separate from amounts for wildfire suppression activities annually appropriated to that Secretary under the Wildland Fire Management appropriation account of that Secretary. (2) Declaration required(A) In generalAmounts in a FLAME Fund shall be available for transfer under paragraph (1) only after that Secretary concerned issues a declaration that a wildfire suppression event is eligible for funding from the FLAME Fund. (B) Declaration criteriaA declaration by the Secretary concerned under subparagraph (A) may be issued only if—(i) in the case of an individual wildfire incident—(I) the fire covers 300 or more acres; or (II) the Secretary concerned determines that the fire has required an emergency Federal response based on the significant complexity, severity, or threat posed by the fire to human life, property, or resources; or (ii) the cumulative costs of wildfire suppression and Federal emergency response activities for the Secretary concerned will exceed, within 30 days, all of the amounts previously appropriated (including amounts appropriated under an emergency designation, but excluding amounts appropriated to the FLAME Fund) to the Secretary concerned for wildfire suppression and Federal emergency response. (3) State, private, and tribal landUse of a FLAME Fund for emergency wildfire suppression activities on State land, private land, and tribal land shall be consistent with any existing agreements in which the Secretary concerned has agreed to assume responsibility for wildfire suppression activities on the land. (f) Treatment of anticipated and predicted activitiesFor fiscal year 2011 and subsequent fiscal years, the Secretary concerned shall request funds within the Wildland Fire Management appropriation account of that Secretary for regular wildfire suppression activities that do not meet the criteria specified in subsection (e)(2)(B)(i). (g) Prohibition on other transfersThe Secretary concerned may not transfer funds from non-fire accounts to the Wildland Fire Management appropriation account of that Secretary unless amounts in the FLAME Fund of that Secretary and any amounts appropriated to that Secretary for the purpose of wildfire suppression will be exhausted within 30 days. (h) Accounting and reports(1) Accounting and reporting requirementsThe Secretary concerned shall account and report on amounts transferred from the respective FLAME Fund in a manner that is consistent with existing National Fire Plan reporting procedures. (2) Annual reportThe Secretary concerned shall submit to the relevant congressional committees and make available to the public an annual report that—(A) describes the obligation and expenditure of amounts transferred from the FLAME Fund; and (B) includes any recommendations that the Secretary concerned may have to improve the administrative control and oversight of the FLAME Fund. (3) Estimates of wildfire suppression costs to improve budgeting and funding(A) In generalConsistent with the schedule provided in subparagraph (C), the Secretary concerned shall submit to the relevant congressional committees an estimate of anticipated wildfire suppression costs for the applicable fiscal year. (B) Independent reviewThe methodology for developing the estimates under subparagraph (A) shall be subject to periodic independent review to ensure compliance with subparagraph (D). (C) ScheduleThe Secretary concerned shall submit an estimate under subparagraph (A) during—(i) the first week of March of each year; (ii) the first week of May of each year; (iii) the first week of July of each year; and (iv) if a bill making appropriations for the Department of the Interior and the Forest Service for the following fiscal year has not been enacted by September 1, the first week of September of each year. (D) RequirementsAn estimate of anticipated wildfire suppression costs shall be developed using the best available—(i) climate, weather, and other relevant data; and (ii) models and other analytic tools. (i) Termination of authorityThe authority of the Secretary concerned to use the FLAME Fund established for that Secretary shall terminate at the end of the third fiscal year in which no appropriations to, or withdrawals from, that FLAME Fund have been made for a period of three consecutive fiscal years. Upon termination of such authority, any amounts remaining in the affected FLAME Fund shall be transferred to, and made a part of, the Wildland Fire Management appropriation account of the Secretary concerned for wildland suppression activities.

43 U.S.C. § 1748a–1 Request for additional wildfire suppression funds

If the amount provided for wildfire suppression operations for that fiscal year will be exhausted within 30 calendar days, the Secretary of the Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, shall promptly submit a request to Congress for supplemental appropriations.

43 U.S.C. § 1748a–2 Reporting requirements

(a) In generalNot later than 180 days after the end of the fiscal year for which additional new budget authority is used, pursuant to section 901(b)(2)(F)(i) of title 2, as added by section 102 of this division, the Secretary of the Interior or the Secretary of Agriculture (as applicable), in consultation with the Director of the Office of Management and Budget, shall—(1) prepare an annual report with respect to the additional new budget authority; (2) submit to the Committees on Appropriations, the Budget, and Natural Resources of the House of Representatives and the Committees on Appropriations, the Budget, and Energy and Natural Resources of the Senate the annual report prepared under paragraph (1); and (3) make the report prepared under paragraph (1) available to the public. (b) ComponentsThe annual report prepared under subsection (a)(1) shall—(1) document obligations and outlays of the additional new budget authority for wildfire suppression operations; (2) identify risk-based factors that influenced management decisions with respect to wildfire suppression operations; (3) analyze a statistically significant sample of large fires, including an analysis for each fire of—(A) cost drivers; (B) the effectiveness of risk management techniques and whether fire operations strategy tracked the risk assessment; (C) any resulting ecological or other benefits to the landscape; (D) the impact of investments in wildfire suppression operations preparedness; (E) effectiveness of wildfire suppression operations, including an analysis of resources lost versus dollars invested; (F) effectiveness of any fuel treatments on fire behavior and suppression expenditures; (G) levels of exposure experienced by firefighters; (H) suggested corrective actions; and (I) any other factors the Secretary of the Interior or Secretary of Agriculture (as applicable) determines to be appropriate; (4) include an accounting of overall fire management and spending by the Department of the Interior or the Department of Agriculture, which shall be analyzed by fire size, cost, regional location, and other factors, and shall include an accounting of any spending in the first two quarters of the succeeding fiscal year that is attributable to suppression operations in the fiscal year for which the report was prepared; (5) describe any lessons learned in the conduct of wildfire suppression operations; and (6) include any other elements that the Secretary of the Interior or the Secretary of Agriculture (as applicable) determines to be necessary.

43 U.S.C. § 1748b Cohesive wildfire management strategy

(a) Strategy requiredNot later than one year after October 30, 2009, the Secretary of the Interior and the Secretary of Agriculture, acting jointly, shall submit to Congress a report that contains a cohesive wildfire management strategy, consistent with the recommendations described in recent reports of the Government Accountability Office regarding management strategies. (b) Elements of strategyThe strategy required by subsection (a) shall provide for—(1) the identification of the most cost-effective means for allocating fire management budget resources; (2) the reinvestment in non-fire programs by the Secretary of the Interior and the Secretary of Agriculture; (3) employing the appropriate management response to wildfires; (4) assessing the level of risk to communities; (5) the allocation of hazardous fuels reduction funds based on the priority of hazardous fuels reduction projects; (6) assessing the impacts of climate change on the frequency and severity of wildfire; and (7) studying the effects of invasive species on wildfire risk. (c) RevisionAt least once during each five-year period beginning on the date of the submission of the cohesive wildfire management strategy under subsection (a), the Secretary of the Interior and the Secretary of Agriculture shall revise the strategy to address any changes affecting the strategy, including changes with respect to landscape, vegetation, climate, and weather.

43 U.S.C. § 1748b–1 Wildfire technology modernization

(a) PurposeThe purpose of this section is to promote the use of the best available technology to enhance the effective and cost-efficient response to wildfires—(1) to meet applicable protection objectives; and (2) to increase the safety of—(A) firefighters; and (B) the public. (b) DefinitionsIn this section:(1) SecretariesThe term “Secretaries” means—(A) the Secretary of Agriculture; and (B) the Secretary. (2) Secretary concernedThe term “Secretary concerned” means—(A) the Secretary of Agriculture, with respect to activities under the Department of Agriculture; and (B) the Secretary, with respect to activities under the Department of the Interior. (c) Unmanned aircraft systems(1) DefinitionsIn this subsection, the terms “unmanned aircraft” and “unmanned aircraft system” have the meanings given those terms in section 44801 of title 49. (2) Establishment of programNot later than 180 days after March 12, 2019, the Secretary, in consultation with the Secretary of Agriculture, shall establish a research, development, and testing program, or expand an applicable existing program, to assess unmanned aircraft system technologies, including optionally piloted aircraft, across the full range of wildland fire management operations in order to accelerate the deployment and integration of those technologies into the operations of the Secretaries. (3) Expanding use of unmanned aircraft systems on wildfiresIn carrying out the program established under paragraph (2), the Secretaries, in coordination with the Federal Aviation Administration, State wildland firefighting agencies, and other relevant Federal agencies, shall enter into an agreement under which the Secretaries shall develop consistent protocols and plans for the use on wildland fires of unmanned aircraft system technologies, including for the development of real-time maps of the location of wildland fires. (d) Location systems for wildland firefighters(1) In generalNot later than 2 years after March 12, 2019, subject to the availability of appropriations, the Secretaries, in coordination with State wildland firefighting agencies, shall jointly develop and operate a tracking system (referred to in this subsection as the “system”) to remotely locate the positions of fire resources for use by wildland firefighters, including, at a minimum, any fire resources assigned to Federal type 1 wildland fire incident management teams. (2) RequirementsThe system shall—(A) use the most practical and effective technology available to the Secretaries to remotely track the location of an active resource, such as a Global Positioning System; (B) depict the location of each fire resource on the applicable maps developed under subsection (c)(3); (C) operate continuously during the period for which any firefighting personnel are assigned to the applicable Federal wildland fire; and (D) be subject to such terms and conditions as the Secretary concerned determines necessary for the effective implementation of the system. (3) OperationThe Secretary concerned shall—(A) before commencing operation of the system—(i) conduct not fewer than 2 pilot projects relating to the operation, management, and effectiveness of the system; and (ii) review the results of those pilot projects; (B) conduct training, and maintain a culture, such that an employee, officer, or contractor shall not rely on the system for safety; and (C) establish procedures for the collection, storage, and transfer of data collected under this subsection to ensure—(i) data security; and (ii) the privacy of wildland fire personnel. (e) Wildland fire decision support(1) ProtocolTo the maximum extent practicable, the Secretaries shall ensure that wildland fire management activities conducted by the Secretaries, or conducted jointly by the Secretaries and State wildland firefighting agencies, achieve compliance with applicable incident management objectives in a manner that—(A) minimizes firefighter exposure to the lowest level necessary; and (B) reduces overall costs of wildfire incidents. (2) Wildfire decision support system(A) In generalThe Secretaries, in coordination with State wildland firefighting agencies, shall establish a system or expand an existing system to track and monitor decisions made by the Secretaries or State wildland firefighting agencies in managing wildfires. (B) ComponentsThe system established or expanded under subparagraph (A) shall be able to alert the Secretaries if—(i) unusual costs are incurred; (ii) an action to be carried out would likely—(I) endanger the safety of a firefighter; or (II) be ineffective in meeting an applicable suppression or protection goal; or (iii) a decision regarding the management of a wildfire deviates from—(I) an applicable protocol established by the Secretaries, including the requirement under paragraph (1); or (II) an applicable spatial fire management plan or fire management plan of the Secretary concerned. (f) Smoke projections from active wildland firesThe Secretaries shall establish a program, to be known as the “Interagency Wildland Fire Air Quality Response Program”, under which the Secretary concerned—(1) to the maximum extent practicable, shall assign 1 or more air resource advisors to a type 1 incident management team managing a Federal wildland fire; and (2) may assign 1 or more air resource advisors to a type 2 incident management team managing a wildland fire. (g) Omitted (h) Rapid Response Erosion Database(1) In generalThe Secretaries, in consultation with the Administrator of the National Aeronautics and Space Administration and the Secretary of Commerce, shall establish and maintain a database, to be known as the “Rapid Response Erosion Database” (referred to in this subsection as the “Database”). (2) Open-source Database(A) AvailabilityThe Secretaries shall make the Database (including the original source code)—(i) web-based; and (ii) available without charge. (B) ComponentsTo the maximum extent practicable, the Database shall provide for—(i) the automatic incorporation of spatial data relating to vegetation, soils, and elevation into an applicable map created by the Secretary concerned that depicts the changes in land-cover and soil properties caused by a wildland fire; and (ii) the generation of a composite map that can be used by the Secretary concerned to model the effectiveness of treatments in the burned area to prevent flooding, erosion, and landslides under a range of weather scenarios. (3) UseThe Secretary concerned shall use the Database, as applicable, in developing recommendations for emergency stabilization treatments or modifications to drainage structures to protect values-at-risk following a wildland fire. (4) CoordinationThe Secretaries may share the Database, and any results generated in using the Database, with any State or unit of local government. (i) Predicting where wildfires will start(1) In generalThe Secretaries, in consultation with the Administrator of the National Aeronautics and Space Administration, the Secretary of Energy, and the Secretary of Commerce, through the capabilities and assets located at the National Laboratories, shall establish and maintain a system to predict the locations of future wildfires for fire-prone areas of the United States. (2) Cooperation; componentsThe system established under paragraph (1) shall be based on, and seek to enhance, similar systems in existence on March 12, 2019, including the Fire Danger Assessment System. (3) Use in forecastsNot later than 1 year after March 12, 2019, the Secretaries shall use the system established under paragraph (1), to the maximum extent practicable, for purposes of developing any wildland fire potential forecasts. (4) CoordinationThe Secretaries may share the system established under paragraph (1), and any results generated in using the system, with any State or unit of local government. (j) Termination of authorityThe authority provided by this section terminates on the date that is 10 years after March 12, 2019. (k) Savings clauseNothing in this section—(1) requires the Secretary concerned to establish a new program, system, or database to replace an existing program, system, or database that meets the objectives of this section; or (2) precludes the Secretary concerned from using existing or future technology that—(A) is more efficient, safer, or better meets the needs of firefighters, other personnel, or the public; and (B) meets the objectives of this section.

43 U.S.C. § 1748c Bureau of Land Management Foundation

(a) DefinitionsIn this section:(1) BoardThe term “Board” means the Board of Directors of the Foundation established under subsection (c). (2) FoundationThe term “Foundation” means the Bureau of Land Management Foundation established by subsection (b)(1)(A). (3) Public landThe term “public land” has the meaning given the term “public lands” in section 1702 of this title. (4) SecretaryThe term “Secretary” means the Secretary of the Interior. (5) Wild free-roaming horses and burrosThe term “wild free-roaming horses and burros” has the meaning given the term in section 1332 of title 16. (b) Establishment and purposes(1) Establishment(A) In generalThere is established a foundation, to be known as the “Bureau of Land Management Foundation”. (B) LimitationThe Foundation shall not be considered to be an agency or establishment of the United States. (C) Tax exemptionThe Foundation shall be considered to be a charitable and nonprofit corporation under section 501(c)(3) of title 26. (2) PurposesThe purposes of the Foundation are—(A) to encourage, accept, and administer private gifts of money and real and personal property for the benefit of, or in connection with the activities and services of, the Bureau of Land Management; (B) to carry out activities that advance the purposes for which public land is administered; (C) to carry out and encourage educational, technical, scientific, and other assistance or activities that support the mission of the Bureau of Land Management; and (D) to assist the Bureau of Land Management with challenges that could be better addressed with the support of a foundation, including—(i) reclamation and conservation activities; (ii) activities relating to wild free-roaming horses and burros; and (iii) the stewardship of cultural and archeological treasures on public land. (c) Board of Directors(1) Establishment(A) In generalThe Foundation shall be governed by a Board of Directors. (B) Composition(i) In generalThe Board shall consist of not more than 9 members. (ii) Ex-officio memberThe Director of the Bureau of Land Management shall be an ex-officio, nonvoting member of the Board. (C) Requirements(i) CitizenshipA member appointed to the Board shall be a citizen of the United States. (ii) ExpertiseA majority of members appointed to the Board shall have education or experience relating to natural, cultural, conservation, or other resource management, law, or research. (iii) Diverse points of viewTo the maximum extent practicable, the members of the Board shall represent diverse points of view. (2) Date of initial appointmentNot later than 1 year after May 5, 2017, the Secretary shall appoint the initial members of the Board. (3) Terms(A) In generalExcept as provided in subparagraph (B), a member of the Board shall be appointed for a term of 6 years. (B) Initial appointmentsThe Secretary shall stagger the initial appointments to the Board, as the Secretary determines to be appropriate, in a manner that ensures that—(i) 1/3 of the members shall serve for a term of 2 years; (ii) 1/3 of the members shall serve for a term of 4 years; and (iii) 1/3 of the members shall serve for a term of 6 years. (C) VacanciesA vacancy on the Board shall be filled—(i) not later than 60 days after the date of the vacancy; (ii) in the manner in which the original appointment was made; and (iii) for the remainder of the term of the member vacating the Board. (D) Removal for failure to attend meetings(i) In generalA member of the Board may be removed from the Board by a majority vote of the Board, if the individual fails to attend 3 consecutive regularly scheduled meetings of the Board. (ii) RequirementsA vacancy as the result of a removal under clause (i) shall be filled in accordance with subparagraph (C). (E) LimitationA member of the Board shall not serve more than 12 consecutive years on the Board. (4) Chairperson(A) In generalThe Board shall elect a Chairperson from among the members of the Board. (B) TermThe Chairperson of the Board—(i) shall serve as Chairperson for a 2-year term; and (ii) may be reelected as Chairperson while serving as a member of the Board. (5) QuorumA majority of the voting members of the Board shall constitute a quorum for the transaction of business of the Board. (6) MeetingsThe Board shall meet—(A) at the call of the Chairperson; but (B) not less than once each calendar year. (7) Reimbursement of expenses(A) In generalServing as a member of the Board shall not constitute employment by the Federal Government for any purpose. (B) ReimbursementA member of the Board shall serve without pay, other than reimbursement for the actual and necessary traveling and subsistence expenses incurred in the performance of the duties of the member for the Foundation, in accordance with section 5703 of title 5. (8) General powersThe Board may—(A) appoint officers and employees in accordance with paragraph (9); (B) adopt a constitution and bylaws consistent with the purposes of the Foundation and this section; and (C) carry out any other activities that may be necessary to function and to carry out this section. (9) Officers and employees(A) In generalNo officer or employee may be appointed to the Foundation until the date on which the Board determines that the Foundation has sufficient funds to pay for the service of the officer or employee. (B) LimitationAppointment as an officer or employee of the Foundation shall not constitute employment by the Federal Government. (10) Limitation and conflicts of interest(A) Prohibition on political activityThe Foundation shall not participate or intervene in a political campaign on behalf of any candidate for public office. (B) Limitation on participationNo member of the Board or officer or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation that affects—(i) the financial interests of the member of the Board, officer, or employee; or (ii) the interests of any corporation partnership, entity, or organization in which the member of the Board, officer, or employee—(I) is an officer, director, or trustee; or (II) has any direct or indirect financial interest. (d) Powers and obligations(1) In generalThe Foundation—(A) shall have perpetual succession; and (B) may conduct business throughout the several States, territories, and possessions of the United States. (2) Notice; service of process(A) Designated agentThe Foundation shall at all times maintain a designated agent in the District of Columbia authorized to accept service of process for the Foundation. (B) Service of processThe serving of notice to, or service of process on, the agent required under this paragraph, or mailed to the business address of the agent, shall be deemed to be notice to, or the service of process on, the Foundation. (3) SealThe Foundation shall have an official seal, to be selected by the Board, which shall be judicially noticed. (4) PowersTo carry out the purposes of the Foundation, the Foundation shall have, in addition to powers otherwise authorized by this section, the usual powers of a not-for-profit corporation in the District of Columbia, including the power—(A) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, absolutely or in trust, of real or personal property, or any income from, or other interest in, the property; (B) to acquire by donation, gift, devise, purchase, or exchange, and to dispose of, any real or personal property or interest in the property; (C) to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income from property, unless limited by the instrument of transfer; (D) to borrow money and issue bonds, debentures, or other debt instruments; (E) to sue and be sued, and complain and defend itself in any court of competent jurisdiction, except that the members of the Board shall not be held personally liable, except in a case of gross negligence; (F)(i) to enter into contracts or other agreements with public agencies, private organizations, and persons; and (ii) to make such payments as may be necessary to carry out the purposes of the contracts or agreements; and (G) to carry out any activity necessary and proper to advance the purposes of the Foundation. (5) Real property(A) In generalFor purposes of this section, an interest in real property shall include mineral and water rights, rights-of-way, and easements, appurtenant or in gross. (B) AcceptanceA gift, devise, or bequest of real property may be accepted by the Foundation, regardless of whether the property is encumbered, restricted, or subject to beneficial interests of a private person, if any current or future interest in the property is for the benefit of the Foundation. (C) Declining giftsThe Foundation may, at the discretion of the Foundation, decline any gift, devise, or bequest of real property. (D) Prohibition on condemnationNo land, water, or interest in land or water, that is owned by the Foundation shall be subject to condemnation by any State, political subdivision of a State, or agent or instrumentality of a State or political subdivision of a State. (e) Administrative services and support(1) Funding(A) In generalFor the purposes of assisting the Foundation in establishing an office and meeting initial administrative, project, and other expenses, the Secretary may provide to the Foundation, from funds appropriated under subsection (j), such sums as are necessary for fiscal years 2017 and 2018. (B) Availability of fundsFunds made available under subparagraph (A) shall remain available to the Foundation until expended for authorized purposes. (2) Administrative expenses(A) In generalThe Secretary may provide to the Foundation personnel, facilities, equipment, and other administrative services, subject to such limitations, terms, and conditions as the Secretary may establish. (B) ReimbursementThe Foundation may reimburse the Secretary for any support provided under subparagraph (A), in whole or in part, and any reimbursement received by the Secretary under this subparagraph shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing the services. (f) VolunteersThe Secretary may accept, without regard to the civil service classification laws (including regulations), the services of the Foundation, the Board, and the officers, employees, and agents of the Foundation, without compensation from the Department of the Interior, as volunteers for the performance of the functions under section 1737(d) of this title. (g) Audits and report requirements(1) AuditsFor purposes of section 10101 of title 36, the Foundation shall be considered to be a private corporation established under Federal law. (2) Annual reportsAt the end of each fiscal year, the Board shall submit to Congress a report that describes the proceedings and activities of the Foundation during that fiscal year, including a full and complete statement of the receipts, expenditures, and investments. (h) United States release from liability(1) In generalThe United States shall not be liable for any debt, default, act, or omission of the Foundation. (2) Full faith and creditThe full faith and credit of the United States shall not extend to any obligation of the Foundation. (i) Limitation on authorityNothing in this section authorizes the Foundation to perform any function the authority for which is provided to the Bureau of Land Management under any other provision of law. (j) Authorization of appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this section.

43 U.S.C. § 1748d Report on wildfire, insect infestation, and disease prevention on Federal land

Not later than 180 days after December 20, 2018, and every year thereafter, the Secretary and the Secretary of Interior 11 So in original. Probably should be preceded by “the”. shall submit to the Committee on Agriculture of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Agriculture, Nutrition, and Forestry of the Senate, and the Committee on Energy and Natural Resources of the Senate a jointly written report on— (1) the number of acres of Federal land treated by the Secretary or the Secretary of the Interior for wildfire, insect infestation, or disease prevention; (2) the number of acres of Federal land categorized as a high or extreme fire risk; (3) the total timber production from Federal land; (4) the number of acres and average fire intensity of wildfires affecting Federal land treated for wildfire, insect infestation, or disease prevention; (5) the number of acres and average fire intensity of wildfires affecting Federal land not treated for wildfire, insect infestation, or disease prevention; (6) the Federal response time for each fire on greater than 25,000 acres; (7) the number of miles of roads and trails on Federal land in need of maintenance; (8) the number of miles of roads on Federal land in need of decommissioning; (9) the maintenance backlog, as of the date of the report, for roads, trails, and recreational facilities on Federal land; (10) other measures needed to maintain, improve, or restore water quality on Federal land; and (11) other measures needed to improve ecosystem function or resiliency on Federal land.