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43 U.S.C. § 869 — Disposal of lands for public or recreational purposes
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-43/section-869-disposal-of-lands-for-public-or-recreational-purposes--4c98121182.md
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Source location: Title 43, Chapter 20, § 869; chapter-020-reservations-and-grants-to-states-for-public-purposes.md
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**(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 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress declares that it is the policy of the United States that—
(1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest;
(2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts;
(3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be reviewed in accordance with the provisions of this Act;
(4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action;
(5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decisionmaking;
(6) judicial review of public land adjudication decisions be provided by law;
(7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law;
(8) the public lands be managed in a manner t
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “national defense” includes the needs of, and the planning and preparedness to meet, essential defense, industrial, and military emergency energy requirements relative to the national safety, welfare, and economy, particularly resulting from foreign military or economic actions.
(2) The term “naval petroleum reserves” means the naval petroleum and oil shale reserves established by this chapter, including Naval Petroleum Reserve Numbered 1 (Elk Hills), located in Kern County, California, established by Executive order of the President, dated September 2, 1912; Naval Petroleum Reserve Numbered 2 (Buena Vista), located in Kern County, California, established by Executive order of the President, dated December 13, 1912; Naval Petroleum Reserve Numbered 3 (Teapot Dome), located in Wyoming, established by Executive order of the President, dated April 30, 1915; Oil Shale Reserve Numbered 1, located in Colorado, established by Executive order of the President, dated December 6, 1916, as amended by Executive order dated June 12, 1919; Oil Shale Reserve Numbered 2, located in Utah, established by Executive order of the President, dated December 6, 1916; and Oil Shale Reserve Numbered 3, located in Colorado, established by Executive order of the President, dated September 27, 1924.
(3) The term “petroleum” includes crude oil, gases (including natural gas), natural gasoline, and other related hydrocarbons, oil shale, and the products of any of such resources.
(4) The term “Secretary” means the Secretary of Energy.
(5) The term “small refiner” means an owner of a refinery or refineries (including refineries not in operation) who qualifies as a small business refiner under the rules and regulations of the Small Business Administration.
(6) The term
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Definitions** — In this section:
(A) *City* — The term “City” means the city of North Las Vegas, Nevada.
(B) *Clark County Off-Highway Vehicle Recreation Park* — The term “Clark County Off-Highway Vehicle Recreation Park” means the approximately 960 acres of land identified on the Map as “Clark County Off-Highway Vehicle Recreation Park”.
(C) *County* — The term “County” means Clark County, Nevada.
(D) *Map* — The term “Map” means the map entitled “Nellis Dunes OHV Recreation Area” and dated December 17, 2013.
(E) *Nellis Dunes Off-Highway Recreation Area* — The term “Nellis Dunes Off-Highway Recreation Area” means the approximately 10,035 acres of land identified on the Map as “Nellis Dunes OHV Recreation Area”.
(F) *Secretary* — The term “Secretary” means the Secretary of the Interior.
(G) *State* — The term “State” means the State of Nevada.
(2) **Conveyance of Federal land to County**
(A) *In general* — As soon as practicable after December 19, 2014, the Secretary shall convey to the County, subject to valid existing rights and subparagraph (B), without consideration, all right, title, and interest of the United States in and to the Clark County Off-Highway Vehicle Recreation Park.
(B) *Reservation of mineral estate* — In conveying the parcels of Federal land under subparagraph (A), the Secretary shall reserve the mineral estate, except for purposes related to flood mitigation (including removal from aggregate flood events).
(C) *Use of conveyed land*
(i) *In general* — The parcels of land conveyed under subparagraph (A) may be used by the County for any public purposes described in clause (ii), consistent with the Act of June 14, 1926 (commonly known as the “Recreation and Public Purposes Act”) ([43 U.S.C. 869](https://usco
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **City** — The term “City” means the city of Durango, Colorado.
(2) **County** — The term “County” means La Plata County, Colorado.
(3) **Secretary** — The term “Secretary” means the Secretary of Agriculture.
(4) **Special Management Area** — The term “Special Management Area” means the Hermosa Creek Special Management Area designated by subsection (b)(1).
(5) **State** — The term “State” means the State of Colorado.
**(b) Designation of Hermosa Creek Special Management Area**
(1) **Designation** — Subject to valid existing rights, certain Federal land in the San Juan National Forest comprising approximately 70,650 acres, as generally depicted on the map entitled “Proposed Hermosa Creek Special Management Area and Proposed Hermosa Creek Wilderness Area” and dated November 12, 2014, is designated as the “Hermosa Creek Special Management Area”.
(2) **Purpose** — The purpose of the Special Management Area is to conserve and protect for the benefit of present and future generations the watershed, geological, cultural, natural, scientific, recreational, wildlife, riparian, historical, educational, and scenic resources of the Special Management Area.
(3) **Administration**
(A) *In general* — The Secretary shall administer the Special Management Area—
(i) in a manner that conserves, protects, and manages the resources of the Special Management Area described in paragraph (2); and
(ii) in accordance with—
(I) the National Forest Management Act of 1976 ([16 U.S.C. 1600](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1600&num=0&edition=prelim) et seq.);
(II) this Act; and
(III) any other applicable laws.
(B) *Uses*
(i) *In general* — The Secretary shall allow o
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 539q
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of target shooting range** In this section, the term “target shooting range” means a developed and managed area that is authorized or operated by the Forest Service, a concessioner of the Forest Service, or the Bureau of Land Management (or their lessee) specifically for the purposeful discharge by the public of legal firearms, firearms training, archery, or other associated activities.
**(b) Assessment; identification of target shooting range locations**
(1) **Assessment** — Not later than 1 year after January 4, 2025, the Secretary concerned shall make available to the public a list that—
(A) identifies each National Forest and each Bureau of Land Management district that has a target shooting range that meets the requirements described in paragraph (3)(B);
(B) identifies each National Forest and each Bureau of Land Management district that does not have a target shooting range that meets the requirements described in paragraph (3)(B); and
(C) for each National Forest and each Bureau of Land Management district identified under subparagraph (B), provides a determination of whether applicable law or the applicable land use plan prevents the establishment of a target shooting range that meets the requirements described in paragraph (3)(B).
(2) **Identification of target shooting range locations**
(A) *In general* — The Secretary concerned shall identify at least 1 suitable location for a target shooting range that meets the requirements described in paragraph (3)(B) within each National Forest and each Bureau of Land Management district with respect to which the Secretary concerned has determined under paragraph (1)(C) that the establishment of a target shooting range is not prevented by applicable law or the applicable land use plan.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 869–1
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Federal law — U.S. Code and appendices · legal_authorities
**(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 sub
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 869–2
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Apr. 13, 1928, ch. 370, §§ 1, 2, 45 Stat. 429, extended provisions of [section 869 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section869&num=0&edition=prelim) to former Oregon and California Railroad grant lands revested in the United States and to former Coos Bay Wagon Road grant lands reconveyed to the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 869a
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Federal law — U.S. Code and appendices · legal_authorities
Page 269
TITLE 43—PUBLIC LANDS
§ 869
§ 866. Exchange of cut over land in Montana
Tracts of timbered lands prior to February 14,
1923, granted to the State of Montana for edu-
cational purposes, from which the timber has
been cut or removed pursuant to State laws,
may, under such rules and regulations as the
legislature of said State shall prescribe, be ex-
changed for other lands of like character and ap-
proximately of equal value, in private owner-
ship, which exchanged land shall be subject to
the same requirements and limitations to the
end that the State may acquire holdings in rea-
sonably compact form and reforesting be under-
taken in an economic manner, anything in the
enabling act of said State to the contrary not-
withstanding.
(Feb. 14, 1923, ch. 74, 42 Stat. 1245.)
Editorial Notes
REFERENCES IN TEXT
The enabling act of Montana, referred to in text, is
act Feb. 22, 1889, ch. 180, 25 Stat. 676. For complete clas-
sification of this Act to the Code, see Tables.
§ 867. Omitted
Editorial Notes
CODIFICATION
Section, R.S. § 2377; act June 20, 1874, ch. 330, 18 Stat.
111, related to extension of obsolete section 829 of this
title to reissue of agricultural land scrip, canceled, or
destroyed without the fault of the owner thereof.
§ 868. Representation of Indian claimants in suits
to determine right to school lands
In any suit instituted in the Supreme Court of
the United States to determine the right of a
State to what are commonly known as school
lands within any Indian Reservation or any In-
dian cession where an Indian tribe claims any
right to or interest in the lands in controversy,
or in the disposition thereof by the United
States, the right of such State may be fully test-
ed and determined without making the Indian
tribe, or any
Source: Supplied 2024 U.S. Code historical extraction · 43 U.S.C. § 869
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