150 



which, on the date of enactment of this section, 

 were earned out by him through the Bureau of 

 Land Management established by section 403 of 

 Reorganization Plan Numbered 3 of 1946. The Bu- 

 reau shall administer such laws according to the 

 provisions thereof existing as of the date of ap- 

 proval of this Act as modified by the provisions of 

 this Act or by subsequent law. 



(c) In 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 Sec- 

 retary subject to the provisions of title 5, United 

 States Code, governing appointments in the com- 

 petitive service, and shall be paid in accordance 

 with the provisions of chapter 51 and subchapter 3 

 of chapter 3 of such title relating to classification 

 and General Schedule pay rates. 



(d) Nothing in this section shall affect any regu- 

 lation of the Secretary with respect to the admin- 

 istration of laws administered by him through the 

 Bureau on the date of approval of this section. 



MANAGEMENT OF USE, OCCUPANCY. AND DEVELOPMENT 



Sec. 302. (a) The 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 202 of this 

 Act 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) In managing the public lands, the Secretary 

 shall, subject to this Act and other applicable law 

 and under such terms and conditions as are con- 

 sistent 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 Sec- 

 retary may permit Federal departments and agen- 

 cies to use, occupy, and develop public lands only 

 through rights-of-way under section 507 of this 

 Act, withdrawals under section 204 of this Act. and, 

 where the proposed use and development are simi- 

 lar or closely related to the programs of the Secre- 

 tary for the public lands involved, cooperative 

 agreements under subsection (b) of section 307 

 of this Act; 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 pe- 



riods when, no hunting or fishing will be permitted 

 for reasons of public safety, administration, or 

 compliance with provisions of applicable law. Ex- 

 cept in emergencies, any regulations of the Secre- 

 tary 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 re- 

 lating to migratory birds or to endangered or 

 threatened species. Except as provided in section 

 314, section 603, and subsection (f ) of section 601 of 

 this Act 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 pub- 

 lic lands the Secretary shall, by regulation or 

 otherwise, take any action necessary to prevent 

 unnecessary or undue degradation of the lands. 



( c ) The 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 in- 

 strument upon a final administrative finding of a 

 violation of any term or condition of the instru- 

 ment, including, but not limited to, terms and con- 

 ditions requiring compliance with regulations 

 under Acts applicable to the public lands and com- 

 pliance 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 priv- 

 ileges granted by it: Provided further. That the 

 Secretary shall terminate any such suspension 

 no later than the date upon which he deter- 

 mines the cause of said violation has been recti- 

 fied: Provided further. That the Secretary may 

 order an immediate temporary suspension prior to 

 a hearing or final administrative finding if he de- 

 termines that such a suspension is necessary to 

 protect health or safety or the environment: Pro- 

 vided further. That, where other applicable law 

 contains specific provisions for suspension, revoca- 

 tion, 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. 



enforcement authority 



Sec. 303. fa) The Secretary shall issue regula- 

 tions necessary to imolement the provisions of this 

 Act with resoect to the management, use. and 

 protection of the public lands, including the prop- 

 erty 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 sen- 

 tenced by any United States magistrate designated 

 for that purpose by the court by which he was ap- 



