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94TH CONGRESS 1ST SESSION

S. 1292

IN THE SENATE OF THE UNITED STATES

MARCH 21 (legislative day, MARCH 12), 1975

Mr. HASKELL (for Mr. JACKSON) (for himself and Mr. FANNIN) (by request) introduced the following bill; which was read twice and referred to the Committee on Interior and Insular Affairs

A BILL

To provide for the management, protection, and development

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of the national resource lands, and for other purposes.

Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "National Resource Lands 4 Management Act".

TABLE OF CONTENTS

Sec. 2. Definitions.

Sec. 3. Declaration of policy.

Sec. 4. Rules and regulations.

Sec. 5. Public participation.

Sec. 6. Advisory boards and committees.

Sec. 7. Annual report.

Sec. 8. Director.

Sec. 9. Appropriations.

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Sec. 211. Authority to issue and correct documents of conveyance.
Sec. 212. Recordable disclaimers of interest in land.

Sec. 213. Acquisition of land.

TITLE III-MANAGEMENT IMPLEMENTING AUTHORITY Sec. 301. Studies, cooperative agreements, and contributions.

Sec. 302. Service charges, reimbursement payments, and excess payments. Sec. 303. Working capital fund.

Sec. 304. Deposits and forfeitures.

Sec. 305. Contracts and cadastral survey operations and resource pro

tection.

Sec. 306. Unauthorized use.

Sec. 307. Enforcement authority.

Sec. 308. Cooperation with State and local law enforcement agencies.
Sec. 309. Recordation.

TITLE IV-AUTHORITY TO GRANT RIGHTS-OF-WAY Sec. 401. Authorization to grant rights-of-way.

Sec. 402. Right-of-way corridors.

Sec. 403. General provisions.

Sec. 404. Terms and conditions.

Sec. 405. Suspension or termination of right-of-way.

Sec. 406. Rights-of-way for Federal agencies.

Sec. 407. Conveyance of lands.

Sec. 408. Existing rights-of-way.

Sec. 409. State standards.

Sec. 410. Effect on other laws.

Sec. 411. Applicant before other Federal agencies.

TITLE V-CONSTRUCTION OF LAW, PRESERVATION OF VALID EXISTING RIGHTS, AND REPEAL OF LAWS

Sec. 501. Construction of law.

Sec. 502. Valid existing rights.

Sec. 503. Repeal of laws relating to disposal of national resource lands.

Sec. 504. Repeal of laws relating to administration of national resource

lands.

Sec. 505. Repeal of laws relating to rights-of-way.

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DEFINITIONS

SEC. 2. As used in this Act:

(a) "The Secretary" means the Secretary of the In

4 terior.

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(b) "National resource lands" means all lands and interests in lands (including the renewable and nonrenew7 able resources thereof) now or hereafter administered by

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8 the Secretary through the Bureau of Land Management, except the Outer Continental Shelf.

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(c) "Multiple use" means the management of the 11 national resource lands and their various resource values

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so that they are utilized in the combination that will best 13 meet the present and future needs of the American people; 14 making the most judicious use of the land for some or all 15 of these resources or related services over areas large enough to provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land for less than all of the resources; a combination

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of balanced and diverse resource uses that takes into ac

count the long-term needs of future generations for renewable and nonrenewable resources, and harmonious and coordinated management of the various resource without un

due impairment of the productivity of the land and the quality of the environment, with consideration being given

to the relative values of the resources and not necessarily

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to the combination of uses that will give the greatest dollar

2 return or the greatest unit output.

3 (d) "Sustained yield" means the achievement and main4 tenance in perpetuity of a high-level annual or regular pe5 riodic output of the various renewable resources of land with6 out permanent impairment of the quality and productivity of 7 the land or its environmental values.

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(e) "Areas of critical environmental concern" means areas within the national resource lands where special man10 agement attention is required when such areas are developed or used to protect, or where no development is required to

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prevent irreparable damage to, important historic, cultural, or scenic values, or natural systems or processes, or life and safety as a result of natural hazards.

(f) "Right-of-way" means an easement, lease, permit, or license to occupy, use, or traverse national resource lands

granted for the purposes listed in title IV of this Act.

(g) "Holder" means any State or local governmental entity or agency, individual, partnership, corporation, association, or other business entity receiving or using a right-of

way under title IV of this Act.

DECLARATION OF POLICY

SEC. 3. (a) Congress hereby declares that—

(1) the national resource lands are a vital national

asset containing a wide variety of natural resource values;

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