§2302. Definitions — Inbound Citations
43 U.S.C. § 2302
Cited by 42 provisions in release 119-102.
Citations to §2302(1)
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(ii) adjacent to federally designated areas and contain exceptional resources; or
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(3) The Secretary and the Secretary of Agriculture shall develop a procedure for prioritizing the acquisition of inholdings and non-Federal lands with exceptional resources as provided in paragraph (2). Such procedure shall consider—(A) the date the inholding was established (as provided in section 2303(c) of this title);(B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities;(C) the extent to which acquisition of the land or interest therein will facilitate management efficiency; and
Citations to §2302(2)
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(ii) adjacent to federally designated areas and contain exceptional resources; or
Citations to §2302(4)
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(9) Federal land management agencies are facing increased workloads from rapidly growing public demand for the use of public land, making it difficult for Federal managers to address problems created by the existence of inholdings in many areas;
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(11) proceeds generated from the disposal of public land may be properly dedicated to the acquisition of inholdings and other land that will improve the resource management ability of the Federal land management agencies and adjoining landowners;
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(12) using proceeds generated from the disposal of public land to purchase inholdings and other such land from willing sellers would enhance the ability of the Federal land management agencies to—(A) work cooperatively with private landowners and State and local governments; and(B) promote consolidation of the ownership of public and private land in a manner that would allow for better overall resource management;
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(1) identify, by State, inholdings for which the landowner has indicated a desire to sell the land or interest therein to the United States; and
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(2) prioritize the acquisition of inholdings in accordance with section 2305(c)(3) of this title.
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(b) As soon as practicable after July 25, 2000, and periodically thereafter, the Secretary and the Secretary of Agriculture shall provide public notice of the procedures referred to in subsection (a), including any information necessary for the consideration of an inholding under section 2305 of this title. Such notice shall include publication in the Federal Register and by such other means as the Secretary and the Secretary of Agriculture determine to be appropriate.
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(c) An inholding—(1) shall be considered for identification under this section only if the Secretary or the Secretary of Agriculture receive notification of a desire to sell from the landowner in response to public notice given under subsection (b); and(2) shall be deemed to have been established as of the later of—(A) the earlier of—(i) the date on which the land was withdrawn from the public domain; or(ii) the date on which the land was established or designated for special management; or(B) the date on which the inholding was acquired by the current owner.
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(B) the date on which the inholding was acquired by the current owner.
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(i) inholdings;
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(B) Not less than 80 percent of the funds allocated for the purchase of land within each State shall be used to acquire inholdings identified under section 2303 of this title.
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(3) The Secretary and the Secretary of Agriculture shall develop a procedure for prioritizing the acquisition of inholdings and non-Federal lands with exceptional resources as provided in paragraph (2). Such procedure shall consider—(A) the date the inholding was established (as provided in section 2303(c) of this title);(B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities;(C) the extent to which acquisition of the land or interest therein will facilitate management efficiency; and
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(A) the date the inholding was established (as provided in section 2303(c) of this title);
Citations to §2302(5)
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(3) through land use planning under that Act, the Bureau of Land Management has identified certain tracts of public land for disposal;
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(9) Federal land management agencies are facing increased workloads from rapidly growing public demand for the use of public land, making it difficult for Federal managers to address problems created by the existence of inholdings in many areas;
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(11) proceeds generated from the disposal of public land may be properly dedicated to the acquisition of inholdings and other land that will improve the resource management ability of the Federal land management agencies and adjoining landowners;
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(12) using proceeds generated from the disposal of public land to purchase inholdings and other such land from willing sellers would enhance the ability of the Federal land management agencies to—(A) work cooperatively with private landowners and State and local governments; and(B) promote consolidation of the ownership of public and private land in a manner that would allow for better overall resource management;
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(13) in certain locations, the sale of public land that has been identified for disposal is the best way for the public to receive fair market value for the land; and
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(1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 1712 of this title;
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(1) The sale of public land so identified shall be conducted in accordance with sections 1713 and 1719 of this title.
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(c) The Secretary shall provide in the annual publication of Public Land Statistics, a report of activities under this section.
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(a) Notwithstanding any other law (except a law that specifically provides for a proportion of the proceeds to be distributed to any trust funds of any States), the gross proceeds of the sale or exchange of public land under this chapter1 shall be deposited in a separate account in the Treasury of the United States to be known as the “Federal Land Disposal Account”.
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(2) the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2343);
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(5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111–11);
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(6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111–11);
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(7) section 2601 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1108); or
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(8) section 2606 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1121).
Citations to §2302(6)
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(1) identify, by State, inholdings for which the landowner has indicated a desire to sell the land or interest therein to the United States; and(2) prioritize the acquisition of inholdings in accordance with section 2305(c)(3) of this title.
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(b) As soon as practicable after July 25, 2000, and periodically thereafter, the Secretary and the Secretary of Agriculture shall provide public notice of the procedures referred to in subsection (a), including any information necessary for the consideration of an inholding under section 2305 of this title. Such notice shall include publication in the Federal Register and by such other means as the Secretary and the Secretary of Agriculture determine to be appropriate.
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(1) shall be considered for identification under this section only if the Secretary or the Secretary of Agriculture receive notification of a desire to sell from the landowner in response to public notice given under subsection (b); and
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(a) The Secretary shall establish a program, using funds made available under section 2305 of this title—(1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under section 1712 of this title;(2) not later than 180 days after March 23, 2018, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and(3) to maintain the database referred to in paragraph (2).
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(2) The exceptions to competitive bidding requirements under section 1713(f) of this title shall apply to this section in cases in which the Secretary determines it to be necessary.
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(c) The Secretary shall provide in the annual publication of Public Land Statistics, a report of activities under this section.
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(C) An amount not to exceed 20 percent of the funds deposited in the Federal Land Disposal Account may be used by the Secretary for administrative and other expenses necessary to carry out the land disposal program under section 2304 of this title.
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(3) The Secretary and the Secretary of Agriculture shall develop a procedure for prioritizing the acquisition of inholdings and non-Federal lands with exceptional resources as provided in paragraph (2). Such procedure shall consider—(A) the date the inholding was established (as provided in section 2303(c) of this title);(B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities;(C) the extent to which acquisition of the land or interest therein will facilitate management efficiency; and
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(d) Funds in the Federal Land Disposal Account shall not be used to purchase land or an interest in land that, as determined by the Secretary or the Secretary of Agriculture—(1) contains a hazardous substance or is otherwise contaminated; or(2) because of the location or other characteristics of the land, would be difficult or uneconomic to manage as Federal land.