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 Secretary determines it to be necessary. (c) Report in Public Land Statistics The Secretary shall provide in the annual pub- lication of Public Land Statistics, a report of activities under this section. (Pub. L. 106–248, title II, § 205, July 25, 2000, 114 Stat. 615; Pub. L. 111–212, title III, § 3007(a), July 29, 2010, 124 Stat. 2339; Pub. L. 115–141, div. O, title III, § 302(4), Mar. 23, 2018, 132 Stat. 1075.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–141, § 302(4)(A), sub- stituted ‘‘section 2305 of this title—’’ and pars. (1) to (3) for ‘‘section 2305 of this title, to complete appraisals and satisfy other legal requirements for the sale or ex- change of public land identified for disposal under ap- proved land use plans (as in effect on July 25, 2000) under section 1712 of this title.’’ Subsec. (d). Pub. L. 115–141, § 302(4)(B), struck out sub- sec. (d). Text read as follows: ‘‘The authority provided under this section shall terminate 11 years after July 25, 2000.’’ 2010—Subsec. (d). Pub. L. 111–212 substituted ‘‘11 years’’ for ‘‘10 years’’. § 2305. Federal Land Disposal Account (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 ex- change of public land under this chapter 1 shall be deposited in a separate account in the Treas- ury of the United States to be known as the ‘‘Federal Land Disposal Account’’. (b) Availability Amounts in the Federal Land Disposal Ac- count 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 sub- section. (2) Fund allocation (A) PURCHASE OF LAND.—Except as author- ized under subparagraph (C), funds shall be used to purchase lands or interests therein that are otherwise authorized by law to be ac- quired, 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 shoot- ing, 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. (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 ad- ministrative and other expenses necessary to carry out the land disposal program under sec- tion 2304 of this title. (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 re- maining funds may be expended in any other State. (E) Any funds made available under subpara- graph (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. Page 630 TITLE 43—PUBLIC LANDS § 2306 1 See References in Text note below. (3) Priority The Secretary and the Secretary of Agri- culture 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); (B) the extent to which the acquisition of the land or interest therein will increase the public availability of resources for, and fa- cilitate public access to, hunting, fishing, and other recreational activities; (C) the extent to which acquisition of the land or interest therein will facilitate man- agement efficiency; and (D) such other criteria as the Secretary and the Secretary of Agriculture deem ap- propriate. (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 Sec- retary of Agriculture in the case of an acqui- sition 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 Fed- eral Land Acquisitions; and (D) managed as part of the unit within which it is contained. (d) Contaminated sites and sites difficult and un- economic 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 oth- erwise contaminated; or (2) because of the location or other charac- teristics of the land, would be difficult or un- economic 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. (Pub. L. 106–248, title II, § 206, July 25, 2000, 114 Stat. 616; Pub. L. 113–287, § 5(l)(9), Dec. 19, 2014, 128 Stat. 3271; Pub. L. 115–141, div. O, title III, § 302(5)–(7), Mar. 23, 2018, 132 Stat. 1075, 1076.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’ and was translated as reading ‘‘this title’’, meaning title II of Pub. L. 106–248, which en- acted this chapter, to reflect the probable intent of Congress. AMENDMENTS 2018—Subsec. (c)(2)(A)(i). Pub. L. 115–141, § 302(5)(A), substituted ‘‘inholdings;’’ for ‘‘inholdings; and’’. Subsec. (c)(2)(A)(ii). Pub. L. 115–141, § 302(5)(B), sub- stituted ‘‘exceptional resources; or’’ for ‘‘exceptional resources.’’ Subsec. (c)(2)(A)(iii). Pub. L. 115–141, § 302(5)(C), added cl. (iii). Subsec. (c)(2)(E). Pub. L. 115–141, § 302(5)(D), added subpar. (E). Subsec. (c)(3)(B) to (D). Pub. L. 115–141, § 302(6), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. Subsec. (f). Pub. L. 115–141, § 302(7), struck out subsec. (f). Text read as follows: ‘‘On termination of activities under section 2304 of this title— ‘‘(1) the Federal Land Disposal Account shall be terminated; and ‘‘(2) any remaining balance in the account shall be- come available for appropriation under section 200303 of title 54.’’ 2014—Subsec. (e). Pub. L. 113–287, § 5(l)(9)(A), sub- stituted ‘‘chapter 2003 of title 54’’ for ‘‘the Land and Water Conservation Fund Act (16 U.S.C. 460l–4 et seq.)’’. Subsec. (f)(2). Pub. L. 113–287, § 5(l)(9)(B), which di- rected substitution of ‘‘section 200303 of title 54’’ for ‘‘section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6)’’, was executed by making the substitution for ‘‘section 3 of the Land and Water Conservation Fund Act (16 U.S.C. 460l–6)’’ to reflect the probable intent of Congress. § 2306. Special provisions (a) In general Nothing in this chapter provides an exemption from any limitation on the acquisition of land or interest in land under any Federal law in ef- fect on July 25, 2000. (b) Other law This chapter shall not apply to land eligible for sale under— (1) Public Law 96–586 (commonly known as the ‘‘Santini-Burton Act’’) (94 Stat. 3381); (2) the Southern Nevada Public Land Man- agement Act of 1998 (Public Law 105–263; 112 Stat. 2343); (3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Pub- lic Law 109–432; 120 Stat. 3028); (4) the Lincoln County Conservation, Recre- ation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2403); (5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111–11); (6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111–11); (7) section 2601 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1108); or (8) section 2606 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1121). (c) Exchanges Nothing in this chapter precludes, preempts, or limits the authority to exchange land under authorities providing for the exchange of Fed- eral lands, including but not limited to— (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or (2) the Federal Land Exchange Facilitation Act of 1988 (102 Stat. 1086) or the amendments made by that Act. (d) No new right or benefit Nothing in this chapter 1 creates a right or benefit, substantive or procedural, enforceable