26
FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
when they are available, except that where a tract
of such public land has been dedicated to specic
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 requirements
In 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 507 of this Act, withdrawals under
section 204 of this Act, 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
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 sh 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 sh 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 shing 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
shing pursuant to this section shall be put into
eect only after consultation with the appropriate
State sh 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 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 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 applicable
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 instrument upon a nal administrative
nding 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 or she] determines the
cause of said violation has been rectied: Provided
further, That the Secretary may order an immediate
temporary suspension prior to a hearing or nal
administrative nding if [he or she] determines
that such a suspension is necessary to protect
health or safety or the environment: Provided
further, That, where other applicable law contains
specic provisions for suspension, revocation,
or cancellation of a permit, license, or other
authorization to use, occupy, or develop the public
lands, the specic provisions of such law shall prevail.