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43 U.S.C. § 2305 — Federal Land Disposal Account

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

43 U.S.C. § 2305 — Federal Land Disposal Account

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Stable record: federal_law:legal_authorities:record_usc_e4ba5ab79e03a73970cba860
Source file: Laws/federal/codes/united-states-code/title-43/section-2305-federal-land-disposal-account--040679bc0a.md
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Source location: Title 43, Chapter 41, § 2305; chapter-041-federal-land-transaction-facilitation.md

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**(a) Deposit of proceeds** Notwithstanding any other law (except a law that specifically provides for a proportion of the proceeds to be distributed to any trust funds of any States), the gross proceeds of the sale or exchange of public land under this chapter 11 See References in Text note below. shall be deposited in a separate account in the Treasury of the United States to be known as the “Federal Land Disposal Account”. **(b) Availability** Amounts in the Federal Land Disposal Account shall be available to the Secretary and the Secretary of Agriculture, without further Act of appropriation, to carry out this chapter. **(c) Use of the Federal Land Disposal Account** (1) **In general** — Funds in the Federal Land Disposal Account shall be expended in accordance with this subsection. (2) **Fund allocation** (A) *Purchase of land.—* — Except as authorized under subparagraph (C), funds shall be used to purchase lands or interests therein that are otherwise authorized by law to be acquired, and that are— (i) inholdings; (ii) adjacent to federally designated areas and contain exceptional resources; or (iii) adjacent to inaccessible lands open to public hunting, fishing, recreational shooting, or other recreational purposes. (B) *Inholdings.—* — Not less than 80 percent of the funds allocated for the purchase of land within each State shall be used to acquire inholdings identified under [section 2303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2303&num=0&edition=prelim). (C) *Administrative and other expenses.—* — An amount not to exceed 20 percent of the funds deposited in the Federal Land Disposal Account may be used by the Secretary for administrative and other expenses necessary to carry out the land disposal program under [section 2304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2304&num=0&edition=prelim). (D) *Same state purchases.—* — Of the amounts not used under subparagraph (C), not less than 80 percent shall be expended within the State in which the funds were generated. Any remaining funds may be expended in any other State. (E) Any funds made available under subparagraph (D) that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State. (3) **Priority** — The Secretary and the Secretary of Agriculture shall develop a procedure for prioritizing the acquisition of inholdings and non-Federal lands with exceptional resources as provided in paragraph (2). Such procedure shall consider— (A) the date the inholding was established (as provided in [section 2303(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2303/c&num=0&edition=prelim)); (B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities; (C) the extent to which acquisition of the land or interest therein will facilitate management efficiency; and (D) such other criteria as the Secretary and the Secretary of Agriculture deem appropriate. (4) **Basis of sale** — Any land acquired under this section shall be— (A) from a willing seller; (B) contingent on the conveyance of title acceptable to the Secretary, or the Secretary of Agriculture in the case of an acquisition of National Forest System land, using title standards of the Attorney General; (C) at a price not to exceed fair market value consistent with applicable provisions of the Uniform Appraisal Standards for Federal Land Acquisitions; and (D) managed as part of the unit within which it is contained. **(d) Contaminated sites and sites difficult and uneconomic to manage** Funds in the Federal Land Disposal Account shall not be used to purchase land or an interest in land that, as determined by the Secretary or the Secretary of Agriculture— (1) contains a hazardous substance or is otherwise contaminated; or (2) because of the location or other characteristics of the land, would be difficult or uneconomic to manage as Federal land. **(e) Chapter 2003 of title 54** Funds made available under this section shall be supplemental to any funds appropriated under chapter 2003 of title 54.

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

54 U.S.C. § 200303 — Availability of funds

**(a) In General.—** Any amounts deposited in the Fund under section 200302 for fiscal year 2020 and each fiscal year thereafter shall be made available for expenditure for fiscal year 2021 and each fiscal year thereafter, without further appropriation or fiscal year limitation, to carry out the purposes of the Fund (including accounts and programs made available from the Fund pursuant to the Further Consolidated Appropriations Act, 2020 (Public Law 116–94; 133 Stat. 2534)). **(b) Additional Amounts.—** Amounts made available under subsection (a) shall be in addition to amounts made available to the Fund under section 105 of the Gulf of Mexico Energy Security Act of 2006 ([43 U.S.C. 1331](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1331&num=0&edition=prelim) note; Public Law 109–432) or otherwise appropriated from the Fund. **(c) Allocation Authority.—** (1) **Submission of cost estimates.—** — The President shall submit to Congress detailed account, program, and project allocations of the full amount made available under subsection (a)— (A) for fiscal year 2021, not later than 90 days after the date of enactment of the Great American Outdoors Act; and (B) for each fiscal year thereafter, as part of the annual budget submission of the President. (2) **Alternate allocation.—** (A) *In general.—* — Appropriations Acts may provide for alternate allocation of amounts made available under subsection (a), including allocations by account, program, and project. (B) *Allocation by president.—* (i) *No alternate allocations.—* — If Congress has not enacted legislation establishing alternate allocations by the date on which the Act making full-year appropriations for the Department of the Interior, Environment, and Related Agen

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

16 U.S.C. § 460 — Natchez Trace Parkway

All lands and easements heretofore and hereafter conveyed to the United States by the States of Mississippi, Alabama, and Tennessee for the right-of-way for the projected parkway between Natchez, Mississippi, and Nashville, Tennessee, together with sites acquired or to be acquired for recreational areas in connection therewith, and a right-of-way for said parkway of a width sufficient to include the highway and all bridges, ditches, cuts, and fills appurtenant thereto, but not exceeding a maximum of two hundred feet through Government-owned lands (except that where small parcels of Government-owned lands would otherwise be isolated, or where topographic conditions or scenic requirements are such that bridges, ditches, cuts, fills, parking overlooks, and landscape development could not reasonably be confined to a width of two hundred feet, the said maximum may be increased to such width as may be necessary, with the written approval of the department or agency having jurisdiction over such lands) as designated on maps heretofore or hereafter approved by the Secretary of the Interior, shall be known as the Natchez Trace Parkway and shall be administered and maintained by the Secretary of the Interior through the National Park Service, subject to the provisions of the Act of Congress approved August 25, 1916 (39 Stat. 535), entitled “An Act to establish a National Park Service, and for other purposes”,11 See References in Text note below. the provisions of which Act, as amended and supplemented, are extended over and made applicable to said parkway: Provided, That the Secretary of Agriculture is authorized, with the concurrence of the Secretary of the Interior, to connect with said parkway such roads and trails as may be necessary for the protection, administration, or uti

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

43 U.S.C. § 2304 — Disposal of public land

**(a) In general** The Secretary shall establish a program, using funds made available under [section 2305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2305&num=0&edition=prelim)— (1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under approved land use plans under [section 1712 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1712&num=0&edition=prelim); (2) not later than 180 days after March 23, 2018, to establish and make available to the public, on the website of the Department of the Interior, a database containing a comprehensive list of all the land referred to in paragraph (1); and (3) to maintain the database referred to in paragraph (2). **(b) Sale of public land** (1) **In general** — The sale of public land so identified shall be conducted in accordance with sections 1713 and 1719 of this title. (2) **Exceptions to competitive bidding requirements** — The exceptions to competitive bidding requirements under [section 1713(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1713/f&num=0&edition=prelim) shall apply to this section in cases in which the Secretary determines it to be necessary. **(c) Report in Public Land Statistics** The Secretary shall provide in the annual publication of Public Land Statistics, a report of activities under this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2304

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

16 U.S.C. § 460l–4 — Transferred

### Statutory Notes #### Codification Section, Pub. L. 88–578, title I, § 1(b), Sept. 3, 1964, 78 Stat. 897, which stated purposes of Pub. L. 88–578, was transferred and is set out as a note under [section 100101 of Title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section100101&num=0&edition=prelim), National Park Service and Related Programs.

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

43 U.S.C. § 2303 — Identification of inholdings

**(a) In general** The Secretary and the Secretary of Agriculture shall establish a procedure to— (1) identify, by State, inholdings for which the landowner has indicated a desire to sell the land or interest therein to the United States; and (2) prioritize the acquisition of inholdings in accordance with [section 2305(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2305/c/3&num=0&edition=prelim). **(b) Public notice** As soon as practicable after July 25, 2000, and periodically thereafter, the Secretary and the Secretary of Agriculture shall provide public notice of the procedures referred to in subsection (a), including any information necessary for the consideration of an inholding under [section 2305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section2305&num=0&edition=prelim). Such notice shall include publication in the Federal Register and by such other means as the Secretary and the Secretary of Agriculture determine to be appropriate. **(c) Identification** An inholding— (1) shall be considered for identification under this section only if the Secretary or the Secretary of Agriculture receive notification of a desire to sell from the landowner in response to public notice given under subsection (b); and (2) shall be deemed to have been established as of the later of— (A) the earlier of— (i) the date on which the land was withdrawn from the public domain; or (ii) the date on which the land was established or designated for special management; or (B) the date on which the inholding was acquired by the current owner. **(d) No obligation to convey or acquire** The identification of an inholding under this section creates no obligation on the part of a lan

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 2303

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

43 U.S.C. § 2305 — Federal Land Disposal Account

Page 629 TITLE 43—PUBLIC LANDS § 2305 1 See References in Text note below. sponse to public notice given under subsection (b); and (2) shall be deemed to have been established as of the later of— (A) the earlier of— (i) the date on which the land was with- drawn from the public domain; or (ii) the date on which the land was estab- lished or designated for special manage- ment; or (B) the date on which the inholding was acquired by the current owner. (d) No obligation to convey or acquire The identification of an inholding under this section creates no obligation on the part of a landowner to convey the inholding or any obli- gation on the part of the United States to ac- quire the inholding. (Pub. L. 106–248, title II, § 204, July 25, 2000, 114 Stat. 615.) § 2304. Disposal of public land (a) In general The Secretary shall establish a program, using funds made available under section 2305 of this title— (1) to complete appraisals and satisfy other legal requirements for the sale or exchange of public land identified for disposal under ap- proved land use plans under section 1712 of this title; (2) not later than 180 days after March 23, 2018, to establish and make available to the public, on the website of the Department of the Interior, a database containing a com- prehensive list of all the land referred to in paragraph (1); and (3) to maintain the database referred to in paragraph (2). (b) Sale of public land (1) In general The sale of public land so identified shall be conducted in accordance with sections 1713 and 1719 of this title. (2) Exceptions to competitive bidding require- ments The exceptions to competitive bidding re- quirements under section 1713(f) of this title shall apply to this section in cases in which the Secretar

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