43 U.S.C. § 869 — Disposal of lands for public or recreational

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 portion thereof, a party to the suit if the Secretary of the Interior is made a party thereto; and the duty of representing and de- fending the right or interest of the Indian tribe, or any portion thereof, in the matter shall de- volve upon the Attorney General upon the re- quest of such Secretary. (Mar. 2, 1901, ch. 808, 31 Stat. 950.) § 869. Disposal of lands for public or recreational purposes (a) Application; conditions; classification; res- toration if not applied for The Secretary of the Interior upon application filed by a duly qualified applicant under section 869–1 of this title 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 in- strumentality 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. Be- fore 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 nec- essary for the proposed use, and that for pro- posals 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 appro- priate State, Tribal, or local authority. The Sec- retary shall provide an opportunity for partici- pation by affected citizens in disposals under sections 869 to 869–4 of this title, including pub- lic hearings or meetings where he deems it ap- propriate to provide public comments, and shall hold at least one public meeting on any pro- posed disposal of more than six hundred forty acres under sections 869 to 869–4 of this title. The Secretary may classify public lands in Alas- ka for disposition under sections 869 to 869–4 of this title. Lands so classified may not be appro- priated under any other public land law unless the Secretary revises such classification or au- thorizes 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 appropria- tion 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 des- ignated 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 non- profit association, six hundred and forty acres. (C) No more than twenty-five thousand six hundred acres may be conveyed for rec- reational purposes under sections 869 to 869–4 of this title in any one State per calendar year. Should any State or political subdivi- sion, 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 there- after if pursuant to an application on file with the Secretary of the Interior on or be- fore the last day of said year and to the ex- tent that the conveyance would not have ex- ceeded the limitations of said year. (D) To any federally recognized Indian Tribe, 6,400 acres. (2) For public purposes other than recre- ation: Page 270 TITLE 43—PUBLIC LANDS § 869 (A) To any State or agency or instrumen- tality thereof, for any one program, six hun- dred and forty acres. (B) To any political subdivision of a State, six hundred and forty acres. (C) To any nonprofit corporation or non- profit association, six hundred and forty acres. (D) To any federally recognized Indian Tribe, 640 acres. (c) Lands withdrawn in aid of functions of a de- partment, 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 de- partment 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 wild- life refuge, or to any Indian lands or lands set aside or held for the use or benefit of Indians, in- cluding 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 corpora- tions, to the revested Oregon and California Railroad grant lands and the reconveyed Coos Bay Wagon Road grant lands in the State of Or- egon. Nor shall any disposition be made under sections 869 to 869–4 of this title for any use au- thorized under any other law. (June 14, 1926, ch. 578, § 1, 44 Stat. 741; June 4, 1954, ch. 263, 68 Stat. 173; Pub. L. 86–66, § 2, June 23, 1959, 73 Stat. 110; Pub. L. 86–292, § 1, Sept. 21, 1959, 73 Stat. 571; Pub. L. 86–755, Sept. 13, 1960, 74 Stat. 899; Pub. L. 94–579, title II, § 212(a), (b), Oct. 21, 1976, 90 Stat. 2759; Pub. L. 117–328, div. DD, title I, § 104(a), Dec. 29, 2022, 136 Stat. 5580.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–328, § 104(a)(1), inserted ‘‘federally recognized Indian Tribe,’’ before ‘‘Terri- tory,’’ and ‘‘Tribal,’’ before ‘‘Territorial,’’ in first sen- tence and ‘‘, Tribal,’’ before ‘‘or local authority’’ in second sentence. Subsec. (b). Pub. L. 117–328, § 104(a)(2), redesignated cls. (i) and (ii) as pars. (1) and (2), respectively, and added subpar. (D) to pars. (1) and (2). Subsec. (c). Pub. L. 117–328, § 104(a)(3), substituted ‘‘States, federally recognized Indian Tribes, and coun- ties and to State, Tribal, Territorial, and Federal’’ for ‘‘States and counties and to State and Federal’’ and struck out ‘‘, except for a use authorized under sec- tions 682a to 682e of this title’’ before period at end. 1976—Subsec. (a). Pub. L. 94–579, § 212(a), inserted pro- visions requiring lands proposed to be disposed not to be of national significance nor more than reasonably necessary for the proposed use, provisions relating to proposals of over 640 acres, and provisions relating to participation by affected individuals. Subsec. (b)(1). Pub. L. 94–579, § 212(b), in cl. (A) in- serted reference to State political subdivision and struck out limitation of three sites, limitation of six sites for calendar years 1960, 1961, and 1962, and proviso for additional sites where conveyances in one year did not meet the authorized number, in cl. (B) substituted ‘‘nonprofit corporation or nonprofit association’’ for ‘‘political subdivision of a State’’, and in cl. (C) sub- stituted provisions relating to authorization for a cal- endar year, for provisions authorizing six hundred and forty acres to any nonprofit corporation or association. 1960—Subsec. (b)(i)(A). Pub. L. 86–755 inserted ‘‘or the State park agency or any other agency having jurisdic- tion over the State park system of said State des- ignated by the Governor of that State as its sole rep- resentative for acceptance of lands under this provi- sion,’’ after ‘‘State’’ and inserted proviso. 1959—Subsec. (b). Pub. L. 86–292 substituted acreage limitations making special allowances to States for recreational areas for provision which limited convey- ance to 640 acres to any one grantee in any one cal- endar year. Subsec. (c). Pub. L. 86–66 substituted provisions mak- ing sections 869 to 869–4 of this title inapplicable, ex- cept insofar as those sections apply to leases of land to States and counties and to State and Federal instru- mentalities and political subdivisions and to municipal corporations, to revested Oregon and California Rail- road grant lands and reconveyed Coos Bay Wagon Road grant lands in the State of Oregon, for provisions which made those sections inapplicable to the revested Or- egon and California Railroad grant lands and recon- veyed Coos Bay Wagon Road grant lands. 1954—Act June 4, 1954, divided provisions of act June 14, 1926, on which this section is based, into separate sections (now set out as this section and sections 869–1 to 869–4 of this title), and changed provisions generally to broaden authority of Secretary of the Interior to dis- pose of public lands for public purposes (1) by including provisions for disposal thereof to Territories (including Alaska), other political subdivisions, and nonprofit cor- porations and associations rather than to States, coun- ties, and municipalities only, (2) by permitting the dis- posal thereof for ‘‘public’’ purposes, rather than merely for ‘‘recreational’’ purposes as theretofore, (3) by strik- ing out ‘‘nonmineral’’ in describing the lands which may be so disposed of, (4) by inserting limitation provi- sions set out in subsecs. (b) and (c) of this section, (5) by amending and transferring to section 2 of that act (section 869–1 of this title) provisions governing meth- ods of, and conditions with respect to the, disposing of the lands for those purposes (see Prior Provisions note set out under section 869–1 of this title), including pro- vision for the reservation of mineral deposits, (6) by amending and transferring to section 3 of that act (sec- tion 869–2 of this title) provisions with respect to rever- sion of the lands to the United States in certain cases (see Prior Provisions note set out under section 869–2 of this title), (7) by enacting, as section 4 of that act, pro- visions set out as section 869–3 of this title, and (8) by inserting provision in this section that disposals should be made ‘‘upon application by a duly qualified appli- cant’’ under section 869–1 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–755, Sept. 13, 1960, 74 Stat. 899, provided that the amendment made by Pub. L. 86–755 is effective Sept. 21, 1959. SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–648, § 1, Nov. 10, 1988, 102 Stat. 3813, pro- vided that: ‘‘This Act [amending section 869–2 of this title and enacting provisions set out as notes under sec- tion 869–2 of this title] may be cited as the ‘Recreation and Public Purposes Amendment Act of 1988’.’’ Page 271 TITLE 43—PUBLIC LANDS § 869–2 SHORT TITLE Act June 14, 1926, ch. 578, 44 Stat. 741, which enacted sections 869 to 869–4 of this title, is popularly known as the ‘‘Recreation and Public Purposes Act’’. SAVINGS PROVISION Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., exist- ing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. § 869–1. Sale or lease to State or nonprofit orga- nization; reservation of mineral deposits; ter- mination of lease for nonuse 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 polit- ical 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 with- out 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 polit- ical 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 con- sideration, 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 non- profit 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 used, or (d) lease such land to a nonprofit corporation or nonprofit as- sociation at a reasonable annual rental, for a pe- riod up to twenty years, and, at the discretion of the Secretary, with a privilege of renewal for a like period. Each patent or lease so issued shall contain a reservation to the United States of all mineral deposits in the lands conveyed or leased and of the right to mine and remove the same, under applicable laws and regulations to be es- tablished by the Secretary. Each lease shall con- tain a provision for its termination upon a find- ing by the Secretary that the land has not been used by the lessee for the purpose specified in the lease for such period, not over five years, as may be specified in the lease, or that such land or any part thereof is being devoted to another use. (June 14, 1926, ch. 578, § 2, as added June 4, 1954, ch. 263, 68 Stat. 174; amended Pub. L. 89–457, § 1, June 20, 1966, 80 Stat. 210; Pub. L. 94–579, title II, § 212(c), (d), Oct. 21, 1976, 90 Stat. 2760; Pub. L. 117–328, div. DD, title I, § 104(b), Dec. 29, 2022, 136 Stat. 5581.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were for- merly contained in section 869 of this title. See 1954 Amendment note set out under that section. Those prior provisions did not require, as in this section, the Secretary of the Interior to take into account the pos- sible power value of the lands, whether withdrawn therefor, or not, before authorizing any disposal of them under section 869 of this title; did not provide, as in this section, for the sale or lease of those lands to Federal instrumentalities, to Territories and to polit- ical subdivisions other than States, counties, and mu- nicipalities, and to nonprofit corporations and associa- tions; and did not provide, as in this section, that con- veyances of that land for historic-monument purposes should be made without monetary consideration. See section 869 of this title. AMENDMENTS 2022—Pub. L. 117–328 inserted ‘‘, federally recognized Indian Tribe’’ before ‘‘, Territory’’ in two places, ‘‘Tribal,’’ before ‘‘Territorial,’’ in two places, and ‘‘fed- erally recognized Indian Tribe or’’ before ‘‘municipal corporation’’ in two places. 1976—Pub. L. 94–579 in cl. (a) inserted reference to rec- reational purposes and in cl. (b) inserted reference to leases for recreational purposes. 1966—Pub. L. 89–457 authorized an increase in the pe- riod of a lease under cl. (b) from twenty to twenty-five years. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., exist- ing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title. PERIOD OF LEASES Pub. L. 89–457, § 2, June 20, 1966, 80 Stat. 210, provided that: ‘‘Upon application by a lessee holding a lease under the Recreation and Public Purposes Act [sections 869 to 869–4 of this title] the Secretary of the Interior may enter into a new lease for a term not to exceed twenty-five years from the date of the new lease.’’ § 869–2. Conditions of transfer by grantee; solid waste disposal (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 ex- cept, with the consent of the Secretary of the Interior, to a transferee which would be a quali- fied 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. A grant- ee or its successor may not change the use speci- fied 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