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43 U.S.C. § 869–2 — Conditions of transfer by grantee; solid waste disposal

Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 869–2 — Conditions of transfer by grantee; solid waste disposal

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Stable record: federal_law:legal_authorities:record_usc_6b408ad00d439b65b0efc280
Source file: Laws/federal/codes/united-states-code/title-43/section-8692-conditions-of-transfer-by-grantee-solid-waste-disposal--cbe21a690f.md
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Source location: Title 43, Chapter 20, § 869–2; chapter-020-reservations-and-grants-to-states-for-public-purposes.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section869/b&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section869-1&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9601&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9601 — Definitions

For purpose of this subchapter— (1) The term “act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term “Administrator” means the Administrator of the United States Environmental Protection Agency. (3) The term “barrel” means forty-two United States gallons at sixty degrees Fahrenheit. (4) The term “claim” means a demand in writing for a sum certain. (5) The term “claimant” means any person who presents a claim for compensation under this chapter. (6) The term “damages” means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term “drinking water supply” means any raw or finished water source that is or may be used by a public water system (as defined in the Safe Drinking Water Act [[42 U.S.C. 300f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300f&num=0&edition=prelim) et seq.]) or as drinking water by one or more individuals. (8) The term “environment” means (A) the navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson-Stevens Fishery Conservation and Management Act [[16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.], and (B) any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States. (9) The term “facility” means (A) any building, st

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9601

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 6901 — Congressional findings

**(a) Solid waste** The Congress finds with respect to solid waste— (1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products; (2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials; (3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas; (4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices. **(b) Environment and

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6901

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 869 — Disposal of lands for public or recreational purposes

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section869-1&num=0&edition=prelim) 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

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 869

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 9601 — Definitions

Page 7709 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9601 1 So in original. Probably should be ‘‘or’’. Sec. 9657. Separability; contribution. 9658. Actions under State law for damages from ex- posure to hazardous substances. 9659. Citizens suits. 9660. Research, development, and demonstration. 9660a. Grant program. 9661. Love Canal property acquisition. 9662. Limitation on contract and borrowing au- thority. SUBCHAPTER IV—POLLUTION INSURANCE 9671. Definitions. 9672. State laws; scope of subchapter. 9673. Risk retention groups. 9674. Purchasing groups. 9675. Applicability of securities laws. SUBCHAPTER I—HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION § 9601. Definitions For purpose of this subchapter— (1) The term ‘‘act of God’’ means an unan- ticipated grave natural disaster or other nat- ural phenomenon of an exceptional, inevitable, and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight. (2) The term ‘‘Administrator’’ means the Ad- ministrator of the United States Environ- mental Protection Agency. (3) The term ‘‘barrel’’ means forty-two United States gallons at sixty degrees Fahr- enheit. (4) The term ‘‘claim’’ means a demand in writing for a sum certain. (5) The term ‘‘claimant’’ means any person who presents a claim for compensation under this chapter. (6) The term ‘‘damages’’ means damages for injury or loss of natural resources as set forth in section 9607(a) or 9611(b) of this title. (7) The term ‘‘drinking water supply’’ means any raw or finished water source that is or may be used by a public water system (as de- fined in the Safe Drinking Water Act [42 U.S.C. 300f et seq.]) or as drinking water by one or more individuals. (8) The

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9601

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