Department of the Interior
Departmental Manual
Effective Date: 9/20/07
Series: Organization
Part 135: Bureau of Land Management
Chapter 1: Authorities,
Originating Office: Bureau of Land Management
135
DM 1
1.1 Establishment and Authorities. The Bureau of Land Management (BLM) was established on July 16, 1946, through the consolidation of the General Land Office (created in 1812) and the Grazing Service (formed in 1934). This was in accordance with the provisions of Sections 402 and 403 of the President's Reorganization Plan 3 of 1946 (60 Stat. 1097).
A. Statutory Authorities. Numerous laws provide authority or direction for BLM's programs and policies. The statutes identified in the following subsections are considered to be the most significant statutes affecting the BLM.
(1) General Authority. The Federal Land Policy and Management Act of
1976 (FLPMA), as amended (43 U.S.C. 1701 et seq.) is the basic authority for
BLM activities. It establishes the
principle that public lands be retained in Federal ownership and provides for
the management, protection, development, and enhancement of the public lands
under the principles of multiple use and sustained yield. The Act defines the term "public
lands" to mean lands and interests in lands administered by the Secretary
of the Interior, through the BLM, without regard to how the
(2) Environmental Protection and Enhancement. The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) is the basic national charter for protection of the environment. It is intended to help public officials make decisions that are based on an understanding of environmental consequences, and take actions that protect, restore, and enhance the environment.
(3) Principal Management Authorities.
(a) Management of the public rangelands was first authorized by the Act of June 28, 1934, as amended (43 U.S.C. 315‑315r), commonly known as the Taylor Grazing Act. The Public Rangelands Improvement Act of 1978, as amended (43 U.S.C. 1901 et seq.) expands and amplifies the provisions of the FLPMA relating to the management of public lands for multiple uses.
(b) Revested lands of the Oregon and California Railroad and reconveyed Coos Bay Wagon Road Grant Lands that are classified as timberlands or as power sites that are valuable for timber are managed under the authority of the Act of August 28, 1937 (43 U.S.C. 1181a‑1181j), commonly known as the Oregon and California Grant Lands Act.
(c) Public lands in
(d) Other authorities for the management of the
public lands and their resources include the Act of
(e) The Act of May 10, 1872, as amended (30 U.S.C. 21 et seq.), commonly known as the Mining Law of 1872, is the foundation of the existing system for acquiring rights in public mineral lands, and is solely applicable to "locatable" minerals. The primary authority for the management of "leasable" minerals is the Mineral Lands Leasing Act, also known as the Mineral Leasing Act of 1920, as amended (30 U.S.C. 181 et seq.). Among the laws affecting the exploration and development of leasable minerals are the Act of July 31, 1947, as amended (30 U.S.C. 601 et seq.); the Federal Coal Leasing Amendments Act of 1976, as amended (30 U.S.C. 181 et seq.); the Combined Hydrocarbon Leasing Act of 1981 (30 U.S.C. 181); the Mineral Leasing Act for Acquired Lands, as amended (30 U.S.C. 351 et seq.); the Geothermal Steam Act of 1970, as amended (30 U.S.C. 1001‑1027); the Surface Mining Control and Reclamation Act of 1977, as amended (30 U.S.C. 1201 et seq.); the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et seq.) and the Federal Onshore Oil and Gas Leasing Reform Act of 1987 (30 U.S.C. 226 et seq.).
(f) Other major statutes affecting the management of mineral resources by BLM include the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a); the National Materials and Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 1601 et seq.); the Natural Gas Policy Act of 1978 (15 U.S.C. 3301 et seq.); and The Helium Act, as amended by the Helium Privatization Act of 1996 (50 U.S.C.167et. seq.); and the Energy Policy Act of 2005 (Public Law 109-58). Industry operations on Indian (except Osage) lands under mineral leases and mineral agreements are administered under the authority of the Indian Allotted Lands Leasing Act (25 U.S.C. 396), the Tribal Lands Leasing Act (25 U.S.C. 396a ‑ 398), and the Indian Mineral Development Act of 1982 (25 U.S.C. 2101 et seq.).
(g) Statutes affecting the BLM uniform program include the Federal Employees Uniform Act of 1954, as amended (5 U.S.C. 5901 et seq.); and the Federal Salary and Fringe Benefits Act of 1966, (5 U.S.C. 5902 et seq.).
(h) Statutes that require protection of public health and safety and require BLM involvement in handling hazardous materials on the public lands are the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601), the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901); and several other laws dealing with air and water quality.
(i) The principal authorities providing for survey and resurvey of the public lands are contained in 43 U.S.C., Sections 2, 52, 751, 752, 753, 757, 759, 760, 761, 762, 763, 766, 770, 772, 773, and 774.
(j) The principal authority providing for the collection and management of recreation fees is the Federal Lands Recreation Enhancement Act of 2004. The Act permits Federal land management agencies to continue charging modest fees at campgrounds, rental cabins, high-impact recreation areas and at day-use sites that have certain facilities.
B. Delegated Authority. The authority of the Director, BLM, as delegated by the Assistant Secretary ‑ Land and Minerals Management (AS‑LM), is set forth in Part 235 of the Departmental Manual. The authority of subordinate officials, officers, and employees of BLM as redelegated by the Director, BLM, is set forth in the BLM Manual 1203 - Delegation of Authority.
1.2 Historical Development. The public domain of the
A. Historically,
the public domain was used to encourage the settlement and development of vast
unpopulated and unimproved areas, particularly in the
B. The
C. The
BLM presently manages the surface and mineral resources of some 258 million
acres of lands remaining in Federal ownership as the legacy of the original
public domain. These are the
"public lands" as we know them today, and they encompass about
one-eighth the total land area of the
1.3
1.4 Products and Services. In carrying out its mission, the BLM provides a wide variety of products and services for its customers and stakeholders, including healthy, productive lands; opportunities for a wide variety of commercial activities; opportunities for recreation and leisure activities; preservation of significant cultural and natural features; land resource and title information; public health, safety, and resource protection; technical and economic assistance; and internal support. The BLM works in collaboration with others, including, but not limited to, public land users; adjacent landowners; universities; State, tribal, and local governments; and other Federal agencies to accomplish its objectives in these product lines.
9/20/07 #3757
Replaces 12/13/99 #3292