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Title 43 — Public Lands

Chapter 35 — Federal Land Policy and Management

§ 1748. Funding requirements

Statutory text

(a)

Authorization of appropriations

There 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 , 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 or are authorized to be appropriated in accordance with the provisions of subsection (b) of this section.

(b)

Procedure applicable for authorization of appropriations

Consistent with section 1110 of title 31, beginning , 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 Fund

In 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 94–579 title III § 318 · 90 Stat. 2743

    Enacted · 43 U.S.C. § 1748

    Pub. L. 94–579, title III, § 318, Oct. 21, 1976, 90 Stat. 2771

    Source evidence

    Code source credit
    Pub. L. 94–579, title III, § 318, Oct. 21, 1976, 90 Stat. 2771

    Enacted provision · exact public law section
    Sec. 318. appropriation authorization (a) There are hereby authorized to be appropriated 43 USC 1748. 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, 1978, 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 the date of approval of this Act or are authorized to be appropriated in accordance with the provisions of subsection (b) of this section. (b) Consistent with section 607 of the Congressional Budget Act of 1974, 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) Nothing in tills 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) In exercising the authority to acquire by purchase granted by subsection (a) of section 205 of this Act, 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.

  2. Omnibus Parks and Public Lands Management Act of 1996

    Pub. L. 104–333 div. I title III § 310 · 110 Stat. 4093

    Substituted · 43 U.S.C. § 1748(a)

    Pub. L. 104–333 substituted “October 1, 2002” for “October 1, 1978”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–333 substituted “October 1, 2002” for “October 1, 1978”.

    Enacted provision · exact public law section
    SEC. 310. BUREAU OF LAND MANAGEMENT AUTHORIZATION FOR FISCAL YEARS 1997 THROUGH 2002. Section 318(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1748(a)) is amended by striking out “October 1, 1978” and by inserting in lieu thereof “October 1, 2002”.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

This Act, referred to in subsec. (a), is Pub. L. 94–579, , 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

Codification

In subsec. (b), “section 1110 of title 31” substituted for “section 607 of the Congressional Budget Act of 1974 [31 U.S.C. 11c]” on authority of Pub. L. 97–258, § 4(b), , 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

1996—Subsec. (a). Pub. L. 104–333 substituted “” for “”.

Credits

1976–1996 · 2 acts
  1. 1976Pub. L. 94–579, title III, § 318, , 90 Stat. 2771
  2. 1996Pub. L. 104–333, div. I, title III, § 310, , 110 Stat. 4139.
Show as published

(Pub. L. 94–579, title III, § 318, , 90 Stat. 2771; Pub. L. 104–333, div. I, title III, § 310, , 110 Stat. 4139.)

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