---
kind: "section"
citation: "43 U.S.C. § 1721"
title: "43"
title_heading: "Public Lands"
number: "1721"
heading: "Conveyances of public lands to States, local governments, etc."
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/43/1721"
units:
  - "Chapter 35 — Federal Land Policy and Management"
  - "Subchapter II — Land Use Planning and Land Acquisition and Disposition"
---

# §1721. Conveyances of public lands to States, local governments, etc.

- (a) **Unsurveyed islands; authorization and limitations on authority—** The [Secretary](/usc/43/1702.md?p=g) is authorized to convey to [States](/usc/43/31b.md?p=8) or their political subdivisions under the Recreation and Public Purposes Act (44 Stat. 741 as amended; [43 U.S.C. 869](/usc/43/869.md) et seq.), as amended, but without regard to the acreage limitations contained therein, unsurveyed islands determined by the [Secretary](/usc/43/1702.md?p=g) to be [public lands](/usc/43/1702.md?p=e) of the United States. The conveyance of any such island may be made without [survey](/usc/43/31b.md?p=10): Provided, however, That such island may be surveyed at the request of the applicant [State](/usc/43/31b.md?p=8) or its political subdivision if such [State](/usc/43/31b.md?p=8) or subdivision donates money or services to the [Secretary](/usc/43/1702.md?p=g) for such [survey](/usc/43/31b.md?p=10), the [Secretary](/usc/43/1702.md?p=g) accepts such money or services, and such services are conducted pursuant to criteria established by the [Director](/usc/43/31b.md?p=3) of the Bureau of Land Management. Any such island so surveyed shall not be conveyed without approval of such [survey](/usc/43/31b.md?p=10) by the [Secretary](/usc/43/1702.md?p=g) prior to the conveyance.
- (b) **Omitted lands; authorization and limitations on authority—**
  - (1) The [Secretary](/usc/43/1702.md?p=g) is authorized to convey to [States](/usc/43/31b.md?p=8) and their political subdivisions under the Recreation and Public Purposes Act [[43 U.S.C. 869](/usc/43/869.md) to 869–4], but without regard to the acreage limitations contained therein, lands other than islands determined by him after [survey](/usc/43/31b.md?p=10) to be [public lands](/usc/43/1702.md?p=e) of the United States erroneously or fraudulently omitted from the original [surveys](/usc/43/31b.md?p=10) (hereinafter referred to as “omitted lands”). Any such conveyance shall not be made without a [survey](/usc/43/31b.md?p=10): Provided, That the prospective recipient may donate money or services to the [Secretary](/usc/43/1702.md?p=g) for the surveying necessary prior to conveyance if the [Secretary](/usc/43/1702.md?p=g) accepts such money or services, such services are conducted pursuant to criteria established by the [Director](/usc/43/31b.md?p=3) of the Bureau of Land Management, and such [survey](/usc/43/31b.md?p=10) is approved by the [Secretary](/usc/43/1702.md?p=g) prior to the conveyance.
  - (2) The [Secretary](/usc/43/1702.md?p=g) is authorized to convey to the occupant of any omitted lands which, after [survey](/usc/43/31b.md?p=10), are found to have been occupied and developed for a five-year period prior to January 1, 1975, if the [Secretary](/usc/43/1702.md?p=g) determines that such conveyance is in the public interest and will serve objectives which outweigh all public objectives and values which would be served by retaining such lands in Federal ownership. Conveyance under this subparagraph shall be made at not less than the fair market value of the land, as determined by the [Secretary](/usc/43/1702.md?p=g), and upon payment in addition of administrative costs, including the cost of making the [survey](/usc/43/31b.md?p=10), the cost of appraisal, and the cost of making the conveyance.
- (c) **Conformity with land use plans and programs and coordination with State and local governments of conveyances—**
  - (1) No conveyance shall be made pursuant to this section until the relevant [State](/usc/43/31b.md?p=8) government, local government, and areawide planning [agency](/usc/43/1702.md?p=m) designated pursuant to section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (80 Stat. 1255, 1262) [[42 U.S.C. 3334](/usc/42/3334.md)] and/or [section 6506 of title 31](/usc/31/6506.md) have notified the [Secretary](/usc/43/1702.md?p=g) as to the consistency of such conveyance with applicable [State](/usc/43/31b.md?p=8) and local government land use plans and programs.
  - (2) The provisions of [section 1720 of this title](/usc/43/1720.md) shall be applicable to all conveyances under this section.
- (d) **Applicability of other statutory requirements for authorized use of conveyed lands—** The final sentence of [section 1(c)](/usc/43/1.md) of the Recreation and Public Purposes Act [[43 U.S.C. 869(c)](/usc/43/869.md?p=c)] shall not be applicable to conveyances under this section.
- (e) **Limitations on uses of conveyed lands—** No conveyance pursuant to this section shall be used as the basis for determining the baseline between Federal and [State](/usc/43/31b.md?p=8) ownership, the boundary of any [State](/usc/43/31b.md?p=8) for purposes of determining the extent of a [State](/usc/43/31b.md?p=8)’s submerged lands or the line of demarcation of Federal jurisdiction, or any similar or related purpose.
- (f) **Applicability to lands within National Forest System, National Park System, National Wildlife Refuge System, and National Wild and Scenic Rivers System—** The provisions of this section shall not apply to any lands within the National Forest System, defined in the Act of August 17, 1974 (88 Stat. 476; [16 U.S.C. 1601](/usc/16/1601.md)), the National Park System, the National Wildlife Refuge System, and the National Wild and Scenic Rivers System.
- (g) **Applicability to other statutory provisions authorizing sale of specific omitted lands—** Nothing in this section shall supersede the provisions of the Act of December 22, 1928 (45 Stat. 1069; [43 U.S.C. 1068](/usc/43/1068.md)), as amended, and the Act of May 31, 1962 (76 Stat. 89), or any other Act authorizing the sale of specific omitted lands.

## Source credit

(Pub. L. 94–579, title II, § 211, Oct. 21, 1976, 90 Stat. 2758.)

## Notes

### Editorial Notes

### References in Text

The Recreation and Public Purposes Act, referred to in subsecs. (a) and (b)(1), is act June 14, 1926, ch. 578, 44 Stat. 741, which is classified to sections 869 to 869–4 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 869 of this title and Tables.

Act of August 17, 1974 (88 Stat. 476; 16 U.S.C. 1601), referred to in subsec. (f), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, known as the Forest and Rangelands Renewable Resources Planning Act of 1974, which is classified generally to subchapter I (§ 1600 et seq.) chapter 36 of Title 16, Conservation. The provisions of such Act defining the lands within the National Forest System are set out in section 1609 of Title 16. For complete classification of this Act to the Code, see Short Title note set out under section 1600 of Title 16 and Tables.

Act of December 22, 1928 (45 Stat. 1069; 43 U.S.C. 1068), as amended, referred to in subsec. (g), is act Dec. 22, 1928, ch. 47, 45 Stat. 1069, as amended, which is classified generally to chapter 25A (§ 1068 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

Act of May 31, 1962, referred to in subsec. (g), is Pub. L. 87–469, May 31, 1962, 76 Stat. 89, which is not classified to the Code.

### Codification

In subsec. (c)(1), “section 6506 of title 31” substituted for “title IV of the Intergovernmental Cooperation Act of 1968 (82 Stat. 1098, 1103–4) [42 U.S.C. 4231 et seq.]” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.