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43 U.S.C. §§ 869–869–4

5 sections in range

§869. Disposal of lands for public or recreational purposes

43 U.S.C. § 869

(a)
Application; conditions; classification; restoration if not applied for— The Secretary of the Interior upon application filed by a duly qualified applicant under section 869–1 of this title may, in the manner prescribed by sections 869 to 869–4 of this title, dispose of any public lands to a State, federally recognized Indian Tribe, Territory, county, municipality, or other State, Tribal, Territorial, or Federal instrumentality or political subdivision for any public purposes, or to a nonprofit corporation or nonprofit association for any recreational or any public purpose consistent with its articles of incorporation or other creating authority. Before the land may be disposed of under sections 869 to 869–4 of this title it must be shown to the satisfaction of the Secretary that the land is to be used for an established or definitely proposed project, that the land involved is not of national significance nor more than is reasonably necessary for the proposed use, and that for proposals of over 640 acres comprehensive land use plans and zoning regulations applicable to the area in which the public lands to be disposed of are located have been adopted by the appropriate State, Tribal, or local authority. The Secretary shall provide an opportunity for participation by affected citizens in disposals under sections 869 to 869–4 of this title, including public hearings or meetings where he deems it appropriate to provide public comments, and shall hold at least one public meeting on any proposed disposal of more than six hundred forty acres under sections 869 to 869–4 of this title. The Secretary may classify public lands in Alaska for disposition under sections 869 to 869–4 of this title. Lands so classified may not be appropriated under any other public land law unless the Secretary revises such classification or authorizes the disposition of an interest in the lands under other applicable law. If, within eighteen months following such classification, no application has been filed for the purpose for which the lands have been so classified, then the Secretary shall restore such lands to appropriation under the applicable public land laws.
(b)
Acreage limitations— Conveyances made in any one calendar year shall be limited as follows:
(1)
For recreational purposes:
(A)
To any State or the State park agency or any other agency having jurisdiction over the State park system of such State designated by the Governor of that State as its sole representative for acceptance of lands under this provision, hereinafter referred to as the State, or to any political subdivision of such State, six thousand four hundred acres, and such additional acreage as may be needed for small roadside parks and rest sites of not more than ten acres each.
(B)
To any nonprofit corporation or nonprofit association, six hundred and forty acres.
(C)
No more than twenty-five thousand six hundred acres may be conveyed for recreational purposes under sections 869 to 869–4 of this title in any one State per calendar year. Should any State or political subdivision, however, fail to secure, in any one year, six thousand four hundred acres, not counting lands for small roadside parks and rest sites, conveyances may be made thereafter if pursuant to an application on file with the Secretary of the Interior on or before the last day of said year and to the extent that the conveyance would not have exceeded the limitations of said year.
(D)
To any federally recognized Indian Tribe, 6,400 acres.
(2)
For public purposes other than recreation:
(A)
To any State or agency or instrumentality thereof, for any one program, six hundred and forty acres.
(B)
To any political subdivision of a State, six hundred and forty acres.
(C)
To any nonprofit corporation or nonprofit association, six hundred and forty acres.
(D)
To any federally recognized Indian Tribe, 640 acres.
(c)
Lands withdrawn in aid of functions of a department, agency, State, etc.; lands excepted from disposal— Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior, or of a State, Territory, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may make disposals under sections 869 to 869–4 of this title only with the consent of such Federal department or agency, or of such State, Territory, or local governmental unit. Nothing in sections 869 to 869–4 of this title shall be construed to apply to lands in any national forest, national park, or national monument, or national wildlife refuge, or to any Indian lands or lands set aside or held for the use or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indians, or, except insofar as sections 869 to 869–4 of this title apply to leases of land to States, federally recognized Indian Tribes, and counties and to State, Tribal, Territorial, and Federal instrumentalities and political subdivisions and to municipal corporations, to the revested Oregon and California Railroad grant lands and the reconveyed Coos Bay Wagon Road grant lands in the State of Oregon. Nor shall any disposition be made under sections 869 to 869–4 of this title for any use authorized under any other law.
Notes, amendments, and revision history

(June 14, 1926, ch. 578, § 1, 44 Stat. 741; June 4, 1954, ch. 263, 68 Stat. 173; Pub. L. 86–66, § 2, June 23, 1959, 73 Stat. 110; Pub. L. 86–292, § 1, Sept. 21, 1959, 73 Stat. 571; Pub. L. 86–755, Sept. 13, 1960, 74 Stat. 899; Pub. L. 94–579, title II, § 212(a), (b), Oct. 21, 1976, 90 Stat. 2759; Pub. L. 117–328, div. DD, title I, § 104(a), Dec. 29, 2022, 136 Stat. 5580.)

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–328, § 104(a)(1), inserted “federally recognized Indian Tribe,” before “Territory,” and “Tribal,” before “Territorial,” in first sentence and “, Tribal,” before “or local authority” in second sentence.

Subsec. (b). Pub. L. 117–328, § 104(a)(2), redesignated cls. (i) and (ii) as pars. (1) and (2), respectively, and added subpar. (D) to pars. (1) and (2).

Subsec. (c). Pub. L. 117–328, § 104(a)(3), substituted “States, federally recognized Indian Tribes, and counties and to State, Tribal, Territorial, and Federal” for “States and counties and to State and Federal” and struck out “, except for a use authorized under sections 682a to 682e of this title” before period at end.

1976—Subsec. (a). Pub. L. 94–579, § 212(a), inserted provisions requiring lands proposed to be disposed not to be of national significance nor more than reasonably necessary for the proposed use, provisions relating to proposals of over 640 acres, and provisions relating to participation by affected individuals.

Subsec. (b)(1). Pub. L. 94–579, § 212(b), in cl. (A) inserted reference to State political subdivision and struck out limitation of three sites, limitation of six sites for calendar years 1960, 1961, and 1962, and proviso for additional sites where conveyances in one year did not meet the authorized number, in cl. (B) substituted “nonprofit corporation or nonprofit association” for “political subdivision of a State”, and in cl. (C) substituted provisions relating to authorization for a calendar year, for provisions authorizing six hundred and forty acres to any nonprofit corporation or association.

1960—Subsec. (b)(i)(A). Pub. L. 86–755 inserted “or the State park agency or any other agency having jurisdiction over the State park system of said State designated by the Governor of that State as its sole representative for acceptance of lands under this provision,” after “State” and inserted proviso.

1959—Subsec. (b). Pub. L. 86–292 substituted acreage limitations making special allowances to States for recreational areas for provision which limited conveyance to 640 acres to any one grantee in any one calendar year.

Subsec. (c). Pub. L. 86–66 substituted provisions making sections 869 to 869–4 of this title inapplicable, except insofar as those sections apply to leases of land to States and counties and to State and Federal instrumentalities and political subdivisions and to municipal corporations, to revested Oregon and California Railroad grant lands and reconveyed Coos Bay Wagon Road grant lands in the State of Oregon, for provisions which made those sections inapplicable to the revested Oregon and California Railroad grant lands and reconveyed Coos Bay Wagon Road grant lands.

1954—Act June 4, 1954, divided provisions of act June 14, 1926, on which this section is based, into separate sections (now set out as this section and sections 869–1 to 869–4 of this title), and changed provisions generally to broaden authority of Secretary of the Interior to dispose of public lands for public purposes (1) by including provisions for disposal thereof to Territories (including Alaska), other political subdivisions, and nonprofit corporations and associations rather than to States, counties, and municipalities only, (2) by permitting the disposal thereof for “public” purposes, rather than merely for “recreational” purposes as theretofore, (3) by striking out “nonmineral” in describing the lands which may be so disposed of, (4) by inserting limitation provisions set out in subsecs. (b) and (c) of this section, (5) by amending and transferring to section 2 of that act (section 869–1 of this title) provisions governing methods of, and conditions with respect to the, disposing of the lands for those purposes (see Prior Provisions note set out under section 869–1 of this title), including provision for the reservation of mineral deposits, (6) by amending and transferring to section 3 of that act (section 869–2 of this title) provisions with respect to reversion of the lands to the United States in certain cases (see Prior Provisions note set out under section 869–2 of this title), (7) by enacting, as section 4 of that act, provisions set out as section 869–3 of this title, and (8) by inserting provision in this section that disposals should be made “upon application by a duly qualified applicant” under section 869–1 of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 1960 Amendment

Pub. L. 86–755, Sept. 13, 1960, 74 Stat. 899, provided that the amendment made by Pub. L. 86–755 is effective Sept. 21, 1959.

Short Title of 1988 Amendment

Pub. L. 100–648, § 1, Nov. 10, 1988, 102 Stat. 3813, provided that: “This Act [amending section 869–2 of this title and enacting provisions set out as notes under section 869–2 of this title] may be cited as the ‘Recreation and Public Purposes Amendment Act of 1988’.”

Short Title

Act June 14, 1926, ch. 578, 44 Stat. 741, which enacted sections 869 to 869–4 of this title, is popularly known as the “Recreation and Public Purposes Act”.

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

§869–1. Sale or lease to State or nonprofit organization; reservation of mineral deposits; termination of lease for nonuse

43 U.S.C. § 869–1

The Secretary of the Interior may after due consideration as to the power value of the land, whether or not withdrawn therefor, (a) sell such land to the State, federally recognized Indian Tribe, Territory, county, or other State, Tribal, Territorial, or Federal instrumentality or political subdivision in which the lands are situated, or to a nearby federally recognized Indian Tribe or municipal corporation in the same State or Territory, for the purpose for which the land has been classified, and conveyances of such land for historic-monument purposes or recreational purposes under this section shall be made without monetary consideration, while conveyances for any other purpose under this section shall be made at a price to be fixed by the Secretary of the Interior through appraisal or otherwise, after taking into consideration the purpose for which the lands are to be used, (b) lease such land to the State, federally recognized Indian Tribe, Territory, county, or other State, Tribal, Territorial, or Federal instrumentality or political subdivision in which the lands are situated, or to a nearby federally recognized Indian Tribe or municipal corporation in the same State or Territory, for the purpose for which the land has been classified, at a reasonable annual rental, except that leases of such lands for recreational purposes shall be made without monetary consideration, for a period up to twenty-five years, and, at the discretion of the Secretary, with a privilege of renewal for a like period, (c) sell such land to a nonprofit corporation or nonprofit association, for the purpose for which the land has been classified, at a price to be fixed by the Secretary of the Interior through appraisal, after taking into consideration the purpose for which the lands are to be used, or (d) lease such land to a nonprofit corporation or nonprofit association at a reasonable annual rental, for a period up to twenty years, and, at the discretion of the Secretary, with a privilege of renewal for a like period. Each patent or lease so issued shall contain a reservation to the United States of all mineral deposits in the lands conveyed or leased and of the right to mine and remove the same, under applicable laws and regulations to be established by the Secretary. Each lease shall contain a provision for its termination upon a finding by the Secretary that the land has not been used by the lessee for the purpose specified in the lease for such period, not over five years, as may be specified in the lease, or that such land or any part thereof is being devoted to another use.
Notes, amendments, and revision history

(June 14, 1926, ch. 578, § 2, as added June 4, 1954, ch. 263, 68 Stat. 174; amended Pub. L. 89–457, § 1, June 20, 1966, 80 Stat. 210; Pub. L. 94–579, title II, § 212(c), (d), Oct. 21, 1976, 90 Stat. 2760; Pub. L. 117–328, div. DD, title I, § 104(b), Dec. 29, 2022, 136 Stat. 5581.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were formerly contained in section 869 of this title. See 1954 Amendment note set out under that section. Those prior provisions did not require, as in this section, the Secretary of the Interior to take into account the possible power value of the lands, whether withdrawn therefor, or not, before authorizing any disposal of them under section 869 of this title; did not provide, as in this section, for the sale or lease of those lands to Federal instrumentalities, to Territories and to political subdivisions other than States, counties, and municipalities, and to nonprofit corporations and associations; and did not provide, as in this section, that conveyances of that land for historic-monument purposes should be made without monetary consideration. See section 869 of this title.

Amendments

2022—Pub. L. 117–328 inserted “, federally recognized Indian Tribe” before “, Territory” in two places, “Tribal,” before “Territorial,” in two places, and “federally recognized Indian Tribe or” before “municipal corporation” in two places.

1976—Pub. L. 94–579 in cl. (a) inserted reference to recreational purposes and in cl. (b) inserted reference to leases for recreational purposes.

1966—Pub. L. 89–457 authorized an increase in the period of a lease under cl. (b) from twenty to twenty-five years.

Statutory Notes and Related Subsidiaries

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

Period of Leases

Pub. L. 89–457, § 2, June 20, 1966, 80 Stat. 210, provided that: “Upon application by a lessee holding a lease under the Recreation and Public Purposes Act [sections 869 to 869–4 of this title] the Secretary of the Interior may enter into a new lease for a term not to exceed twenty-five years from the date of the new lease.”

§869–2. Conditions of transfer by grantee; solid waste disposal

43 U.S.C. § 869–2

(a)
Conditions of transfer by grantee— Title to lands conveyed by the Government under sections 869 to 869–4 of this title may not be transferred by the grantee or its successor except, with the consent of the Secretary of the Interior, to a transferee which would be a qualified grantee under section 869–1(a) or 869–1(c) of this title and subject to the acreage limitation contained in section 869(b) of this title. A grantee or its successor may not change the use specified in the conveyance to another or additional use except, with the consent of the Secretary, to a use for which such grantee or its successor could obtain a conveyance under sections 869 to 869–4 of this title. If at any time after the lands are conveyed by the Government, the grantee or its successor attempts to transfer title to or control over these lands to another or the lands are devoted to a use other than that for which the lands were conveyed, without the consent of the Secretary, title to the lands shall revert to the United States.
(b)
New disposal sites—
(1)
Notwithstanding the provisions of subsection (a) of this section, if the Secretary receives an application for conveyance of land under sections 869 to 869–4 of this title for the express purpose of solid waste disposal or for another purpose which the Secretary finds may include the disposal, placement, or release of any hazardous substance, the Secretary may convey such land subject only to the provisions of this subsection.
(2)
Prior to issuance of any conveyance of land under this subsection the Secretary shall investigate the land covered by an application for such conveyance to determine whether or not any hazardous substance is present on such land. Such investigation shall include a review of any available records as to the use of such land and all appropriate analysis of the soil, water and air associated with such land. No land shall be conveyed under this subsection if such investigation indicates that any hazardous substance is present on such land.
(3)
No application for conveyance under this subsection shall be acted on by the Secretary until the applicant has furnished evidence, satisfactory to the Secretary, that a copy of the application and information concerning the proposed use of the land covered by the application has been provided to the Environmental Protection Agency and to all other State and Federal agencies with responsibility for enforcement of State and Federal laws applicable to lands used for the disposal, placement, or release of solid waste or any hazardous substance.
(4)
No application for conveyance under this subsection shall be acted on by the Secretary until the applicant has given a warranty that use of the land covered by the application will be consistent with all applicable State and Federal laws, including laws dealing with the disposal, placement, or release of hazardous substances, and that the applicant will hold the United States harmless from any liability that may arise out of any violation of any such law.
(5)
A conveyance under this subsection shall be made to the extent that the applicant has demonstrated to the Secretary that the land covered by an application meets all applicable State and local requirements and is appropriate in character and reasonable in acreage in order to meet an existing or reasonably anticipated need for solid waste disposal or for another proposed use that the Secretary finds may include the disposal, placement, or release of any hazardous substance.
(6)
A conveyance under this subsection shall be subject to the following conditions:
(A)
Except as otherwise provided in subparagraphs (B) and (D) of this paragraph, the document of conveyance shall provide that the lands conveyed under this subsection shall revert to the United States, unless substantially all of the lands have been used, on or before the date five years after the date of conveyance, for the purpose or purposes specified in the application, or for other use or uses authorized under subsection (a) with the consent of the Secretary.
(B)
In the event that at any time after such conveyance any portion of such lands has not been used for the purpose or purposes specified in the application, and the party to whom such lands were conveyed by the Secretary shall transfer ownership of such unused portion to any other party, the party to whom such lands were conveyed by the Secretary shall be liable to pay the Secretary, on behalf of the United States, the fair market value of such transferred portion as of the date of such transfer, including the value of any improvements thereon. Subject to appropriations, all amounts received by the Secretary under this subparagraph shall be retained by the Secretary and used for the management of public lands and shall remain available until expended.
(C)
Pricing for conveyances of land under this subsection shall be in accordance with the provisions of section 869–1 of this title, except that no compensation shall be required for the inclusion of only the limited reverter specified in this paragraph.
(D)
Each patent issued under this subsection shall specify that no portion of the lands covered by such patent shall under any circumstances revert to the United States if such portion has been used for solid waste disposal or for any other purpose that the Secretary finds may result in the disposal, placement, or release of any hazardous substance.
(7)
For purposes of this section the term “hazardous substance” has the same meaning as such term has when used in the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.).
(c)
Existing disposal sites—
(1)
Upon the application or with the concurrence of any party to whom the Secretary, prior to November 10, 1988, conveyed land under sections 869 to 869–4 of this title, the Secretary may renounce the reversionary interests of the United States in such land, or portion thereof, if the Secretary finds that such land, or portion thereof, has been used for solid waste disposal or for any other purpose which the Secretary finds may result in the disposal, placement, or release of any hazardous substance, and the Secretary may rescind any portion of any patent or other instrument of conveyance inconsistent with such renunciation. After such renunciation, affected lands shall not under any circumstances revert to the United States by the operation of law, and shall cease to be subject to the provisions of subsection (a) of this section.
(2)
Upon the application or with the concurrence of a party to whom the Secretary, prior to November 10, 1988, leased lands pursuant to sections 869 to 869–4 of this title, the Secretary may convey in fee the lands covered by such lease or any portion thereof which have been used for solid waste disposal or for any other purpose that the Secretary finds may result in the disposal, placement, or release of any hazardous substance. Notwithstanding any other provision of sections 869 to 869–4 of this title, a patent issued pursuant to this paragraph shall not contain a reverter provision and the lands covered by such patent shall not under any circumstances revert to the United States by operation of law after the issuance of such patent and shall not be subject to the provisions of subsection (a) of this section.
Notes, amendments, and revision history

(June 14, 1926, ch. 578, § 3, as added June 4, 1954, ch. 263, 68 Stat. 175; amended Pub. L. 86–292, § 2, Sept. 21, 1959, 73 Stat. 571; Pub. L. 100–648, § 2, Nov. 10, 1988, 102 Stat. 3813.)

Editorial Notes

References in Text

The Comprehensive Environmental Response, Compensation, and Liability Act, referred to in subsec. (b)(7), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.

Prior Provisions

Prior provisions on the subject of reverter were formerly contained in section 869 of this title. See 1954 Amendment note set out under that section. Those prior provisions permanently restricted the lands conveyed to a single use, and did not provide, as in this section, for transfer by the original grantee or its successor.

Amendments

1988—Pub. L. 100–648 designated existing provision as subsec. (a) and added subsecs. (b) and (c).

1959—Pub. L. 86–292 struck out sentence which provided that this section should cease to be in effect as to any lands patented under sections 869 to 869–4 of this title twenty-five years after the issuance of patent for such lands.

Statutory Notes and Related Subsidiaries

Savings Provisions

Pub. L. 100–648, § 3, Nov. 10, 1988, 102 Stat. 3815, provided that: “Nothing in this Act [amending section 869–2 of this title and enacting provisions set out as notes under sections 869 and 869–2 of this title] or the amendments made thereby shall be construed to affect the applicability and operation of the Comprehensive Environmental Response, Compensation[,] and Liability Act [of 1980] (42 U.S.C. 9601 et seq.) as amended, and the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.), as amended.”

Congressional Review of Conveyance of Land or Renunciation of Reversionary Interests

Pub. L. 100–648, § 4, Nov. 10, 1988, 102 Stat. 3815, provided that: The Secretary shall not make any conveyance of land or renunciation of reversionary interests under this Act [amending section 869–2 of this title and enacting provisions set out as notes under sections 869 and 869–2 of this title] until he has published in the Federal Register regulations implementing this Act and until sixty days (not counting days on which the House of Representatives or the Senate has adjourned for more than three days) after these regulations have been submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives. [Implementing regulations were published in the Federal Register July 23, 1992, 57 F.R. 32730.] During the first three years after enactment of this Act [Nov. 10, 1988] the Secretary shall not make any conveyance of land or renunciation of reversionary interests under this Act until thirty days (not counting days on which the House of Representatives or the Senate has adjourned for more than three days) after notice of intention to do so has been submitted to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives.”

§869–3. Authority for transfers; applicability of section 869–2 to prior patents; termination of restrictions

43 U.S.C. § 869–3

The Secretary may authorize transfers of title or changes in use in accordance with the provisions of section 869–2 of this title with respect to any patent heretofore issued under any Act upon application by a patentee qualified to obtain a conveyance under section 869–1(a) or 869–1(c) of this title. If the Secretary, pursuant to such an application, authorizes such transfer or use, all reverter provisions and other limitations on transfer or use, under sections 869 to 869–4 of this title or any other Act affecting the lands involved, shall cease to be in effect twenty-five years after the Secretary authorizes the transfer or use for a changed or additional purpose under the provisions of this section.
Notes, amendments, and revision history

(June 14, 1926, ch. 578, § 4, as added June 4, 1954, ch. 263, 68 Stat. 175.)

§869–4. Disposition of moneys received from or on account of revested Oregon and California Railroad grant lands or reconveyed Coos Bay Wagon Road grant lands

43 U.S.C. § 869–4

All moneys received from or on account of any revested Oregon and California Railroad grant lands or reconveyed Coos Bay Wagon Road grant lands under sections 869 to 869–4 of this title shall be deposited respectively in the Oregon and California land-grant fund and the Coos Bay Wagon Road grant fund, and shall be applied in the manner prescribed respectively by title II of the Act of August 28, 1937 (50 Stat. 875), as amended (43 U.S.C. 1181f),1 and by subchapter II of chapter 44 of this title.

Footnotes

  1. 1 See References in Text note below.
Notes, amendments, and revision history

(June 14, 1926, ch. 578, § 6, as added Pub. L. 86–66, § 3, June 23, 1959, 73 Stat. 111.)

Editorial Notes

References in Text

Act of August 28, 1937, referred to in text, is act Aug. 28, 1937, ch. 876, 50 Stat. 874. Title II of the Act enacted section 2605 of this title (formerly classified to section 1181f of this title), repealed section 1174 of this title, and enacted provisions set out as a note under section 2601 of this title. For complete classification of this Act to the Code, see Tables.