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43 U.S.C. § 1721 — Conveyances of public lands to States, local governments, etc.

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

43 U.S.C. § 1721 — Conveyances of public lands to States, local governments, etc.

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Stable record: federal_law:legal_authorities:record_usc_81e9c747a1f53cbad9a593b6
Source file: Laws/federal/codes/united-states-code/title-43/section-1721-conveyances-of-public-lands-to-states-local-governments-etc--a42c6756b6.md
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Source location: Title 43, Chapter 35, § 1721; chapter-035-federal-land-policy-and-management.md

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**(a) Unsurveyed islands; authorization and limitations on authority** The Secretary is authorized to convey to States or their political subdivisions under the Recreation and Public Purposes Act (44 Stat. 741 as amended; [43 U.S.C. 869](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section869&num=0&edition=prelim) et seq.), as amended, but without regard to the acreage limitations contained therein, unsurveyed islands determined by the Secretary to be public lands of the United States. The conveyance of any such island may be made without survey: Provided, however, That such island may be surveyed at the request of the applicant State or its political subdivision if such State or subdivision donates money or services to the Secretary for such survey, the Secretary accepts such money or services, and such services are conducted pursuant to criteria established by the Director of the Bureau of Land Management. Any such island so surveyed shall not be conveyed without approval of such survey by the Secretary prior to the conveyance. **(b) Omitted lands; authorization and limitations on authority** (1) The Secretary is authorized to convey to States and their political subdivisions under the Recreation and Public Purposes Act [[43 U.S.C. 869](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section869&num=0&edition=prelim) to 869–4], but without regard to the acreage limitations contained therein, lands other than islands determined by him after survey to be public lands of the United States erroneously or fraudulently omitted from the original surveys (hereinafter referred to as “omitted lands”). Any such conveyance shall not be made without a survey: Provided, That the prospective recipient may donate money or services to the Secretary for the surveying necessary prior to conveyance if the Secretary accepts such money or services, such services are conducted pursuant to criteria established by the Director of the Bureau of Land Management, and such survey is approved by the Secretary prior to the conveyance. (2) The Secretary is authorized to convey to the occupant of any omitted lands which, after survey, are found to have been occupied and developed for a five-year period prior to January 1, 1975, if the Secretary 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, and upon payment in addition of administrative costs, including the cost of making the survey, 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 government, local government, and areawide planning agency designated pursuant to section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (80 Stat. 1255, 1262) [[42 U.S.C. 3334](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3334&num=0&edition=prelim)] and/or [section 6506 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6506&num=0&edition=prelim) have notified the Secretary as to the consistency of such conveyance with applicable State and local government land use plans and programs. (2) The provisions of [section 1720 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1720&num=0&edition=prelim) 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) of the Recreation and Public Purposes Act [[43 U.S.C. 869(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section869/c&num=0&edition=prelim)] 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 ownership, the boundary of any State for purposes of determining the extent of a State’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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1601&num=0&edition=prelim)), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1068&num=0&edition=prelim)), as amended, and the Act of May 31, 1962 (76 Stat. 89), or any other Act authorizing the sale of specific omitted lands.

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

43 U.S.C. § 1720 — Coordination by Secretary of the Interior with State and local governments

At least sixty days prior to offering for sale or otherwise conveying public lands under this Act, the Secretary shall notify the Governor of the State within which such lands are located and the head of the governing body of any political subdivision of the State having zoning or other land use regulatory jurisdiction in the geographical area within which such lands are located, in order to afford the appropriate body the opportunity to zone or otherwise regulate, or change or amend existing zoning or other regulations concerning the use of such lands prior to such conveyance. The Secretary shall also promptly notify such public officials of the issuance of the patent or other document of conveyance for such lands.

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

16 U.S.C. § 1601 — Renewable Resource Assessment

**(a) Preparation by Secretary of Agriculture; time of preparation, updating and contents** In recognition of the vital importance of America’s renewable resources of the forest, range, and other associated lands to the Nation’s social and economic well-being, and of the necessity for a long term perspective in planning and undertaking related national renewable resource programs administered by the Forest Service, the Secretary of Agriculture (referred to in this subchapter as the “Secretary”) shall prepare a Renewable Resource Assessment (hereinafter called the “Assessment”). The Assessment shall be prepared not later than December 31, 1975, and shall be updated during 1979 and each tenth year thereafter, and shall include but not be limited to— (1) an analysis of present and anticipated uses, demand for, and supply of the renewable resources, with consideration of the international resource situation, and an emphasis of pertinent supply and demand and price relationship trends; (2) an inventory, based on information developed by the Forest Service and other Federal agencies, of present and potential renewable resources, and an evaluation of opportunities for improving their yield of tangible and intangible goods and services, together with estimates of investment costs and direct and indirect returns to the Federal Government; (3) a description of Forest Service programs and responsibilities in research, cooperative programs and management of the National Forest System, their interrelationships, and the relationship of these programs and responsibilities to public and private activities; (4) a discussion of important policy considerations, laws, regulations, and other factors expected to influence and affect significantly the use, ownership, and management of for

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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

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

43 U.S.C. § 1068 — Lands held in adverse possession; issuance of patent; reservation of minerals; conflicting claims

The Secretary of the Interior (a) shall, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for more than twenty years, and that valuable improvements have been placed on such land or some part thereof has been reduced to cultivation, or (b) may, in his discretion, whenever it shall be shown to his satisfaction that a tract of public land has been held in good faith and in peaceful, adverse, possession by a claimant, his ancestors or grantors, under claim or color of title for the period commencing not later than January 1, 1901, to the date of application during which time they have paid taxes levied on the land by State and local governmental units, issue a patent for not to exceed one hundred and sixty acres of such land upon the payment of not less than $1.25 per acre: Provided, That where the area so held is in excess of one hundred and sixty acres the Secretary may determine what particular subdivisions, not exceeding one hundred and sixty acres, may be patented hereunder: Provided further, That coal and all other minerals contained therein are reserved to the United States; that said coal and other minerals shall be subject to sale or disposal by the United States under applicable leasing and mineral land laws, and permittees, lessees, or grantees of the United States shall have the right to enter upon said lands for the purpose of prospecting for and mining such deposits: And provided further, That no patent shall issue under the provisions of this chapter for any tract to which there is a conflicting claim adverse to that of the applicant, unless and until such claim shall have been finally adjudicated

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31 U.S.C. § 6506 — Development assistance

**(a)** The economic and social development of the United States and the achievement of satisfactory levels of living depend on the sound and orderly development of urban and rural areas. When urbanization proceeds rapidly, the sound and orderly development of urban communities depends to a large degree on the social and economic health and the sound development of smaller communities and rural areas. **(b)** The President shall prescribe regulations governing the formulation, evaluation, and review of United States Government programs and projects having a significant impact on area and community development (including programs and projects providing assistance to States and localities) to serve most effectively the basic objectives of subsection (a) of this section. The regulations shall provide for the consideration of concurrently achieving the following specific objectives and, to the extent authorized by law, reasoned choices shall be made between the objectives when they conflict: (1) appropriate land uses for housing, commercial, industrial, governmental, institutional, and other purposes. (2) wise development and conservation of all natural resources. (3) balanced transportation systems, including highway, air, water, pedestrian, mass transit, and other means to move people and goods. (4) adequate outdoor recreation and open space. (5) protection of areas of unique natural beauty and historic and scientific interest. (6) properly planned community facilities (including utilities for supplying power, water, and communications) for safely disposing of wastes, and for other purposes. (7) concern for high standards of design. **(c)** To the extent possible, all national, regional, State, and local viewpoints shall be considered in planning development prog

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

16 U.S.C. § 1609 — National Forest System

**(a) Congressional declaration of constituent elements and purposes; lands etc., included within; return of lands to public domain** Congress declares that the National Forest System consists of units of federally owned forest, range, and related lands throughout the United States and its territories, united into a nationally significant system dedicated to the long-term benefit for present and future generations, and that it is the purpose of this section to include all such areas into one integral system. The “National Forest System” shall include all national forest lands reserved or withdrawn from the public domain of the United States, all national forest lands acquired through purchase, exchange, donation, or other means, the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act [[7 U.S.C. 1010](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1010&num=0&edition=prelim) et seq.], and other lands, waters, or interests therein which are administered by the Forest Service or are designated for administration through the Forest Service as a part of the system. Notwithstanding the provisions of [section 473 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section473&num=0&edition=prelim), no land now or hereafter reserved or withdrawn from the public domain as national forests pursuant to section 471 11 See References in Text note below. of this title, or any act supplementary to and amendatory thereof, shall be returned to the public domain except by an act of Congress. **(b) Location of Forest Service offices** The on-the-ground field offices, field supervisory offices, and regional offices of the Forest Service shall be so situated as to prov

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16 U.S.C. § 1600 — Congressional findings

The Congress finds that— (1) the management of the Nation’s renewable resources is highly complex and the uses, demand for, and supply of the various resources are subject to change over time; (2) the public interest is served by the Forest Service, Department of Agriculture, in cooperation with other agencies, assessing the Nation’s renewable resources, and developing and preparing a national renewable resource program, which is periodically reviewed and updated; (3) to serve the national interest, the renewable resource program must be based on a comprehensive assessment of present and anticipated uses, demand for, and supply of renewable resources from the Nation’s public and private forests and rangelands, through analysis of environmental and economic impacts, coordination of multiple use and sustained yield opportunities as provided in the Multiple-Use Sustained-Yield Act of 1960 (74 Stat. 215; [16 U.S.C. 528–531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section528–531&num=0&edition=prelim)), and public participation in the development of the program; (4) the new knowledge derived from coordinated public and private research programs will promote a sound technical and ecological base for effective management, use, and protection of the Nation’s renewable resources; (5) inasmuch as the majority of the Nation’s forests and rangeland is under private, State, and local governmental management and the Nation’s major capacity to produce goods and services is based on these nonfederally managed renewable resources, the Federal Government should be a catalyst to encourage and assist these owners in the efficient long-term use and improvement of these lands and their renewable resources consistent with the principles of sustained yield and

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42 U.S.C. § 3334 — Coordination of Federal aids with local governments

**(a) Review of projects by areawide agency or local government** All applications made after June 30, 1967, for Federal loans or grants to assist in carrying out open-space land projects or for the planning or construction of hospitals, airports, libraries, water supply and distribution facilities, sewerage facilities and waste treatment works, highways, transportation facilities, law enforcement facilities, and water development and land conservation projects within any metropolitan area shall be submitted for review— (1) to any areawide agency which is designated to perform metropolitan or regional planning for the area within which the assistance is to be used, and which is, to the greatest practicable extent, composed of or responsible to the elected officials of a unit of areawide government or of the units of general local government within whose jurisdiction such agency is authorized to engage in such planning, and (2) if made by a special purpose unit of local government, to the unit or units of general local government with authority to operate in the area within which the project is to be located. **(b) Comments and recommendations by areawide agency and local government** (1) Except as provided in paragraph (2) of this subsection, each application shall be accompanied (A) by the comments and recommendations with respect to the project involved by the areawide agency and governing bodies of the units of general local government to which the application has been submitted for review, and (B) by a statement by the applicant that such comments and recommendations have been considered prior to formal submission of the application. Such comments shall include information concerning the extent to which the project is consistent with comprehensive planning devel

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16 U.S.C. § 1601 — Renewable Resource Assessment

Page 1948 TITLE 16—CONSERVATION § 1601 (6) the Forest Service, by virtue of its statu- tory authority for management of the Na- tional Forest System, research and coopera- tive programs, and its role as an agency in the Department of Agriculture, has both a respon- sibility and an opportunity to be a leader in assuring that the Nation maintains a natural resource conservation posture that will meet the requirements of our people in perpetuity; and (7) recycled timber product materials are as much a part of our renewable forest resources as are the trees from which they originally came, and in order to extend our timber and timber fiber resources and reduce pressures for timber production from Federal lands, the Forest Service should expand its research in the use of recycled and waste timber product materials, develop techniques for the substi- tution of these secondary materials for pri- mary materials, and promote and encourage the use of recycled timber product materials. (Pub. L. 93–378, § 2, as added Pub. L. 94–588, § 2, Oct. 22, 1976, 90 Stat. 2949.) Editorial Notes REFERENCES IN TEXT The Multiple-Use Sustained-Yield Act of 1960, re- ferred to in par. (3), is Pub. L. 86–517, June 12, 1960, 74 Stat. 215, which is classified generally to sections 528 to 531 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 528 of this title and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2021 AMENDMENT Pub. L. 117–58, div. G, title III, § 70301, Nov. 15, 2021, 135 Stat. 1258, provided that: ‘‘This title [amending sec- tions 1601, 1606a, 1607, and 2105 of this title and enacting provisions set out as a note under section 1601 of this title] may be cited as the ‘Repairing Exist

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

42 U.S.C. § 3334 — Coordination of Federal aids with local

Page 5884 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3334 area, and after consultation with local govern- mental authorities throughout the metropolitan area with respect to whether or not the Sec- retary should make an appointment under this section (and with respect to the individuals who might be so appointed), the Secretary may ap- point a metropolitan expediter for such area whenever he finds a need for the services speci- fied in this section. The metropolitan expediter shall provide information, data, and assistance to local authorities and private individuals and entities within the metropolitan area, and to all relevant Federal departments and agencies, with respect to all programs and activities conducted within such metropolitan area by the Depart- ment of Housing and Urban Development, and with respect to other public and private activi- ties and needs within such metropolitan area which relate to the programs and activities of the Department. (Pub. L. 89–754, title II, § 203, Nov. 3, 1966, 80 Stat. 1262.) § 3334. Coordination of Federal aids with local governments (a) Review of projects by areawide agency or local government All applications made after June 30, 1967, for Federal loans or grants to assist in carrying out open-space land projects or for the planning or construction of hospitals, airports, libraries, water supply and distribution facilities, sewer- age facilities and waste treatment works, high- ways, transportation facilities, law enforcement facilities, and water development and land con- servation projects within any metropolitan area shall be submitted for review— (1) to any areawide agency which is des- ignated to perform metropolitan or regional planning for the area within which the assist- ance is to be used, a

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