
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC1733]

 
                         TITLE 43--PUBLIC LANDS
 
             CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
 
                     SUBCHAPTER III--ADMINISTRATION
 
Sec. 1733. Enforcement authority


(a) Regulations for implementation of management, use, and protection 
        requirements; violations; criminal penalties

    The Secretary shall issue regulations necessary to implement the 
provisions of this Act with respect to the management, use, and 
protection of the public lands, including the property located thereon. 
Any person who knowingly and willfully violates any such regulation 
which is lawfully issued pursuant to this Act shall be fined no more 
than $1,000 or imprisoned no more than twelve months, or both. Any 
person charged with a violation of such regulation may be tried and 
sentenced by any United States magistrate judge designated for that 
purpose by the court by which he was appointed, in the same manner and 
subject to the same conditions and limitations as provided for in 
section 3401 of title 18.

(b) Civil actions by Attorney General for violations of regulations; 
        nature of relief; jurisdiction

    At the request of the Secretary, the Attorney General may institute 
a civil action in any United States district court for an injunction or 
other appropriate order to prevent any person from utilizing public 
lands in violation of regulations issued by the Secretary under this 
Act.

(c) Contracts for enforcement of Federal laws and regulations by local 
        law enforcement officials; procedure applicable; contract 
        requirements and implementation

    (1) When the Secretary determines that assistance is necessary in 
enforcing Federal laws and regulations relating to the public lands or 
their resources he shall offer a contract to appropriate local officials 
having law enforcement authority within their respective jurisdictions 
with the view of achieving maximum feasible reliance upon local law 
enforcement officials in enforcing such laws and regulations. The 
Secretary shall negotiate on reasonable terms with such officials who 
have authority to enter into such contracts to enforce such Federal laws 
and regulations. In the performance of their duties under such contracts 
such officials and their agents are authorized to carry firearms; 
execute and serve any warrant or other process issued by a court or 
officer of competent jurisdiction; make arrests without warrant or 
process for a misdemeanor he has reasonable grounds to believe is being 
committed in his presence or view, or for a felony if he has reasonable 
grounds to believe that the person to be arrested has committed or is 
committing such felony; search without warrant or process any person, 
place, or conveyance according to any Federal law or rule of law; and 
seize without warrant or process any evidentiary item as provided by 
Federal law. The Secretary shall provide such law enforcement training 
as he deems necessary in order to carry out the contracted for 
responsibilities. While exercising the powers and authorities provided 
by such contract pursuant to this section, such law enforcement 
officials and their agents shall have all the immunities of Federal law 
enforcement officials.
    (2) The Secretary may authorize Federal personnel or appropriate 
local officials to carry out his law enforcement responsibilities with 
respect to the public lands and their resources. Such designated 
personnel shall receive the training and have the responsibilities and 
authority provided for in paragraph (1) of this subsection.

(d) Cooperation with regulatory and law enforcement officials of any 
        State or political subdivision in enforcement of laws or 
        ordinances

    In connection with the administration and regulation of the use and 
occupancy of the public lands, the Secretary is authorized to cooperate 
with the regulatory and law enforcement officials of any State or 
political subdivision thereof in the enforcement of the laws or 
ordinances of such State or subdivision. Such cooperation may include 
reimbursement to a State or its subdivision for expenditures incurred by 
it in connection with activities which assist in the administration and 
regulation of use and occupancy of the public lands.

(e) Uniformed desert ranger force in California Desert Conservation 
        Area; establishment; enforcement of Federal laws and regulations

    Nothing in this section shall prevent the Secretary from promptly 
establishing a uniformed desert ranger force in the California Desert 
Conservation Area established pursuant to section 1781 of this title for 
the purpose of enforcing Federal laws and regulations relating to the 
public lands and resources managed by him in such area. The officers and 
members of such ranger force shall have the same responsibilities and 
authority as provided for in paragraph (1) of subsection (c) of this 
section.

(f) Applicability of other Federal enforcement provisions

    Nothing in this Act shall be construed as reducing or limiting the 
enforcement authority vested in the Secretary by any other statute.

(g) Unlawful activities

    The use, occupancy, or development of any portion of the public 
lands contrary to any regulation of the Secretary or other responsible 
authority, or contrary to any order issued pursuant to any such 
regulation, is unlawful and prohibited.

(Pub. L. 94-579, title III, Sec. 303, Oct. 21, 1976, 90 Stat. 2763; Pub. 
L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117.)

                       References in Text

    This Act, referred to in subsecs. (a), (b), and (f), is Pub. L. 94-
579, Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land 
Policy and Management Act of 1976. For complete classification of this 
Act to the Code, see Tables.

                         Change of Name

    ``United States magistrate judge'' substituted for ``United States 
magistrate'' in subsec. (a) pursuant to section 321 of Pub. L. 101-650, 
set out as a note under section 631 of Title 28, Judiciary and Judicial 
Procedure.


  Modification of Regulations Relating to Mining Operations on Public 
    Lands; Posting of Reclamation Bond for All Operations Involving 
                     Significant Surface Disturbance

    Pub. L. 99-500, Sec. 101(h) [title I], Oct. 18, 1986, 100 Stat. 
1783-242, 1783-243, and Pub. L. 99-591, Sec. 101(h) [title I], Oct. 30, 
1986, 100 Stat. 3341-242, 3341-243, provided: ``That regulations 
pertaining to mining operations on public lands conducted under the 
Mining Law of 1872 (30 U.S.C. 22, et seq.) and sections 302, 303, and 
603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1732, 1733, and 1782) shall be modified to include a requirement for the 
posting of reclamation bonds by operators for all operations which 
involve significant surface disturbance, (a) at the discretion of the 
authorized officer for operators who have a record of compliance with 
pertinent regulations concerning mining on public lands, and (b) on a 
mandatory basis only for operators with a history of noncompliance with 
the aforesaid regulations: Provided further, That surety bonds, third 
party surety bonds, or irrevocable letters of credit shall qualify as 
bond instruments: Provided further, That evidence of an equivalent bond 
posted with a State agency shall be accepted in lieu of a separate bond: 
Provided further, That the amount of such bonds shall be sufficient to 
cover the costs of reclamation as estimated by the Bureau of Land 
Management.''
