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

Page 628 TITLE 43—PUBLIC LANDS § 2303 Western States (as defined in section 1702(o) of this title) that is within the boundary of— (A) a national monument, area of critical environmental concern, national conserva- tion area, national riparian conservation area, national recreation area, national sce- nic area, research natural area, national outstanding natural area, priority species and habitats designated in a land use plan in accordance with subpart E (entitled ‘‘Fish and Wildlife’’) of part I of Appendix C of Bu- reau of Land Management Land Use Plan- ning Handbook H-1601-1 (Rel 1-1693), a special recreation management area, or a national natural landmark managed by the Bureau of Land Management; (B) a unit of the National Park System; (C) a unit of the National Wildlife Refuge System; (D) a National Forest or National Grass- land in the National Forest System; or (E) an area within which the Secretary or the Secretary of Agriculture is otherwise au- thorized by law to acquire lands or interests therein that is designated as— (i) wilderness under the Wilderness Act (16 U.S.C. 1131 et seq.); (ii) a wilderness study area; (iii) a component of the Wild and Scenic Rivers System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); or (iv) a component of the National Trails System under the National Trails System Act (16 U.S.C. 1241 et seq.). (3) Inaccessible lands that are open to public hunting, fishing, recreational shooting, or other recreational purposes The term ‘‘inaccessible lands that are open to public hunting, fishing, recreational shoot- ing, or other recreational purposes’’ means public lands in Alaska and the eleven contig- uous Western States (as defined in section 1702 of this title) consisting of at least 640 contig- uous acres on which the public is allowed under Federal or State law to hunt, fish, tar- get shoot or use the land for other rec- reational purposes but— (A) to which there is no public access or egress; or (B) to which public access or egress to the land is significantly restricted, as deter- mined by the Secretary. (4) Inholding The term ‘‘inholding’’ means any right, title, or interest, held by a non-Federal entity, in or to a tract of land that lies within the boundary of a federally designated area. (5) Public land The term ‘‘public land’’ means public lands (as defined in section 1702 of this title). (6) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (Pub. L. 106–248, title II, § 203, July 25, 2000, 114 Stat. 614; Pub. L. 115–141, div. O, title III, § 302(1)–(3), Mar. 23, 2018, 132 Stat. 1074, 1075.) Editorial Notes REFERENCES IN TEXT The Wilderness Act, referred to in par. (2)(E)(i), is Pub. L. 88–577, Sept. 3, 1964, 78 Stat. 890, which is classi- fied generally to chapter 23 (§ 1131 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of Title 16 and Tables. The Wild and Scenic Rivers Act, referred to in par. (2)(E)(iii), is Pub. L. 90–542, Oct. 2, 1968, 82 Stat. 906, which is classified generally to chapter 28 (§ 1271 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1271 of Title 16 and Tables. The National Trails System Act, referred to in par. (2)(E)(iv), is Pub. L. 90–543, Oct. 2, 1968, 82 Stat. 919, which is classified generally to chapter 27 (§ 1241 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1241 of Title 16 and Tables. AMENDMENTS 2018—Par. (1). Pub. L. 115–141, § 302(1), substituted ‘‘cultural, recreational access and use, or other’’ for ‘‘cultural, or’’. Par. (2). Pub. L. 115–141, § 302(2)(A), substituted ‘‘is within’’ for ‘‘on July 25, 2000, was within’’ in introduc- tory provisions. Par. (2)(A). Pub. L. 115–141, § 302(2)(B), amended sub- par. (A) generally. Prior to amendment, subpar. (A) read as follows: ‘‘a national monument, area of critical environmental concern, national conservation area, na- tional riparian conservation area, national recreation area, national scenic area, research natural area, na- tional outstanding natural area, or a national natural landmark managed by the Bureau of Land Manage- ment;’’. Par. (2)(D). Pub. L. 115–141, § 302(2)(C), amended sub- par. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘an area of the National Forest System designated for special management by an Act of Con- gress; or’’. Pars. (3) to (6). Pub. L. 115–141, § 302(3), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), re- spectively. § 2303. Identification of inholdings (a) In general The Secretary and the Secretary of Agri- culture 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. (b) Public notice As soon as practicable after July 25, 2000, and periodically thereafter, the Secretary and the Secretary of Agriculture shall provide public no- tice of the procedures referred to in subsection (a), including any information necessary for the consideration of an inholding under section 2305 of this title. Such notice shall include publica- tion in the Federal Register and by such other means as the Secretary and the Secretary of Ag- riculture 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 re- 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.