US (United States) Code. Title 43. Chapter 41: Federal land transaction facilitation

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public lands

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43 USC CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-

CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-MISC1-

Sec.

2301. Findings.

2302. Definitions.

2303. Identification of inholdings.

(a) In general.

(b) Public notice.

(c) Identification.

(d) No obligation to convey or acquire.

2304. Disposal of public land.

(a) In general.

(b) Sale of public land.

(c) Report in Public Land Statistics.

(d) Termination of authority.

2305. Federal Land Disposal Account.

(a) Deposit of proceeds.

(b) Availability.

(c) Use of the Federal Land Disposal Account.

(d) Contaminated sites and sites difficult and

uneconomic to manage.

(e) Land and Water Conservation Fund Act.

(f) Termination.

2306. Special provisions.

(a) In general.

(b) Other law.

(c) Exchanges.

(d) No new right or benefit.

-End-

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43 USC Sec. 2301 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-

Sec. 2301. Findings

-STATUTE-

Congress finds that -

(1) the Bureau of Land Management has authority under the

Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et

seq.) to sell land identified for disposal under its land use

planning;

(2) the Bureau of Land Management has authority under that Act

to exchange Federal land for non-Federal land if the exchange

would be in the public interest;

(3) through land use planning under that Act, the Bureau of

Land Management has identified certain tracts of public land for

disposal;

(4) the Federal land management agencies of the Departments of

the Interior and Agriculture have authority under existing law to

acquire land consistent with the mission of each agency;

(5) the sale or exchange of land identified for disposal and

the acquisition of certain non-Federal land from willing

landowners would -

(A) allow for the reconfiguration of land ownership patterns

to better facilitate resource management;

(B) contribute to administrative efficiency within Federal

land management units; and

(C) allow for increased effectiveness of the allocation of

fiscal and human resources within the Federal land management

agencies;

(6) a more expeditious process for disposal and acquisition of

land, established to facilitate a more effective configuration of

land ownership patterns, would benefit the public interest;

(7) many private individuals own land within the boundaries of

Federal land management units and desire to sell the land to the

Federal Government;

(8) such land lies within national parks, national monuments,

national wildlife refuges, national forests, and other areas

designated for special management;

(9) Federal land management agencies are facing increased

workloads from rapidly growing public demand for the use of

public land, making it difficult for Federal managers to address

problems created by the existence of inholdings in many areas;

(10) in many cases, inholders and the Federal Government would

mutually benefit from Federal acquisition of the land on a

priority basis;

(11) proceeds generated from the disposal of public land may be

properly dedicated to the acquisition of inholdings and other

land that will improve the resource management ability of the

Federal land management agencies and adjoining landowners;

(12) using proceeds generated from the disposal of public land

to purchase inholdings and other such land from willing sellers

would enhance the ability of the Federal land management agencies

to -

(A) work cooperatively with private landowners and State and

local governments; and

(B) promote consolidation of the ownership of public and

private land in a manner that would allow for better overall

resource management;

(13) in certain locations, the sale of public land that has

been identified for disposal is the best way for the public to

receive fair market value for the land; and

(14) to allow for the least disruption of existing land and

resource management programs, the Bureau of Land Management may

use non-Federal entities to prepare appraisal documents for

agency review and approval consistent with applicable provisions

of the Uniform Standards for Federal Land Acquisition.

-SOURCE-

(Pub. L. 106-248, title II, Sec. 202, July 25, 2000, 114 Stat.

613.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Land Policy and Management Act of 1976, referred to

in pars. (1) to (3), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat.

2743, as amended, which is classified principally to chapter 35

(Sec. 1701 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

1701 of this title and Tables.

-MISC1-

SHORT TITLE

Pub. L. 106-248, title II, Sec. 201, July 25, 2000, 114 Stat.

613, provided that: "This title [enacting this chapter] may be

cited as the 'Federal Land Transaction Facilitation Act'."

-End-

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43 USC Sec. 2302 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-

Sec. 2302. Definitions

-STATUTE-

In this chapter:

(1) Exceptional resource

The term "exceptional resource" means a resource of scientific,

natural, historic, cultural, or recreational value that has been

documented by a Federal, State, or local governmental authority,

and for which there is a compelling need for conservation and

protection under the jurisdiction of a Federal agency in order to

maintain the resource for the benefit of the public.

(2) Federally designated area

The term "federally designated area" means land in Alaska and

the eleven contiguous Western States (as defined in section

1702(o) of this title) that on July 25, 2000, was within the

boundary of -

(A) a national monument, area of critical environmental

concern, national conservation area, national riparian

conservation area, national recreation area, national scenic

area, research natural area, national outstanding natural 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) an area of the National Forest System designated for

special management by an Act of Congress; or

(E) an area within which the Secretary or the Secretary of

Agriculture is otherwise authorized 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) 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.

(4) Public land

The term "public land" means public lands (as defined in

section 1702 of this title).

(5) Secretary

The term "Secretary" means the Secretary of the Interior.

-SOURCE-

(Pub. L. 106-248, title II, Sec. 203, July 25, 2000, 114 Stat.

614.)

-REFTEXT-

REFERENCES IN TEXT

The Wilderness Act, referred to in par. (2)(E)(i), is Pub. L.

88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is

classified generally to chapter 23 (Sec. 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, as amended, which is

classified generally to chapter 28 (Sec. 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, as amended, which is

classified generally to chapter 27 (Sec. 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.

-End-

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43 USC Sec. 2303 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-

Sec. 2303. Identification of inholdings

-STATUTE-

(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.

(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) of this section, including any information necessary for the

consideration of an inholding under section 2305 of this title.

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) of this section; 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 landowner to convey the inholding or

any obligation on the part of the United States to acquire the

inholding.

-SOURCE-

(Pub. L. 106-248, title II, Sec. 204, July 25, 2000, 114 Stat.

615.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2305 of this title.

-End-

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43 USC Sec. 2304 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-

Sec. 2304. Disposal of public land

-STATUTE-

(a) In general

The Secretary shall establish a program, using funds made

available under section 2305 of this title, to complete appraisals

and satisfy other legal requirements for the sale or exchange of

public land identified for disposal under approved land use plans

(as in effect on July 25, 2000) under section 1712 of this title.

(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 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.

(d) Termination of authority

The authority provided under this section shall terminate 10

years after July 25, 2000.

-SOURCE-

(Pub. L. 106-248, title II, Sec. 205, July 25, 2000, 114 Stat.

615.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2305 of this title.

-End-

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43 USC Sec. 2305 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-

Sec. 2305. Federal Land Disposal Account

-STATUTE-

(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 (!1) 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; and

(ii) adjacent to federally designated areas and contain

exceptional resources.

(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 administrative and other expenses necessary to carry out

the land disposal program under section 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 remaining funds may be expended in

any other 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);

(B) the extent to which acquisition of the land or interest

therein will facilitate management efficiency; and

(C) 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) Land and Water Conservation Fund Act

Funds made available under this section shall be supplemental to

any funds appropriated under the Land and Water Conservation Fund

Act (16 U.S.C. 460l-4 et seq.).

(f) Termination

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 become available

for appropriation under section 3 of the Land and Water

Conservation Fund Act (16 U.S.C. 460l-6).

-SOURCE-

(Pub. L. 106-248, title II, Sec. 206, July 25, 2000, 114 Stat.

616.)

-REFTEXT-

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 enacted this chapter, to reflect

the probable intent of Congress.

The Land and Water Conservation Fund Act, referred to in subsec.

(e), probably means the Land and Water Conservation Fund Act of

1965, Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended,

which is classified generally to part B (Sec. 460l-4 et seq.) of

subchapter LXIX of chapter 1 of Title 16, Conservation. For

complete classification of this Act to the Code, see Short Title

note set out under section 460l-4 of Title 16 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2303, 2304 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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43 USC Sec. 2306 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 41 - FEDERAL LAND TRANSACTION FACILITATION

-HEAD-

Sec. 2306. Special provisions

-STATUTE-

(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 effect on July 25, 2000.

(b) Other law

This chapter shall not apply to land eligible for sale under -

(1) Public Law 96-568 (!1) (commonly known as the

"Santini-Burton Act") (94 Stat. 3381); or

(2) the Southern Nevada Public Land Management Act of 1998 (112

Stat. 2343).

(c) Exchanges

Nothing in this chapter precludes, preempts, or limits the

authority to exchange land under authorities providing for the

exchange of Federal 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 at law or in equity by a

party against the United States, its agencies, its officers, or any

other person.

-SOURCE-

(Pub. L. 106-248, title II, Sec. 207, July 25, 2000, 114 Stat.

617.)

-REFTEXT-

REFERENCES IN TEXT

Public Law 96-568 (commonly known as the "Santini-Burton Act")

(94 Stat. 3381), referred to in subsec. (b)(1), probably means Pub.

L. 96-586, Dec. 23, 1980, 94 Stat. 3381, which repealed sections

467a and 467a-1 of Title 16, Conservation and enacted provisions

set out as notes under sections 461 and 467a of Title 16. For

complete classification of this Act to the Code, see Tables.

The Southern Nevada Public Land Management Act of 1998, referred

to in subsec. (b)(2), is Pub. L. 105-263, Oct. 19, 1998, 112 Stat.

2343, which amended section 460ccc-1 of Title 16, Conservation, and

section 6901 of Title 31, Money and Finance, and enacted provisions

set out as a note under section 6901 of Title 31. For complete

classification of this Act to the Code, see Short Title of 1998

Amendment note set out under section 6901 of Title 31 and Tables.

The Federal Land Policy and Management Act of 1976, referred to

in subsec. (c)(1), is Pub. L. 94-579, Oct. 21, 1976, 90 Stat. 2743,

as amended, which is classified principally to chapter 35 (Sec.

1701 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 1701 of

this title and Tables.

The Federal Land Exchange Facilitation Act of 1988, referred to

in subsec. (c)(2), is Pub. L. 100-409, Aug. 20, 1988, 102 Stat.

1086, as amended, which enacted section 1723 of this title, amended

section 1716 of this title and sections 505a, 505b, and 521b of

Title 16, Conservation, and enacted provisions set out as notes

under sections 751 and 1716 of this title. For complete

classification of this Act to the Code, see Short Title of 1988

Amendment note set out under section 1701 of this title and Tables.

This chapter, referred to in subsec. (d), was in the original

"this Act" and was translated as reading "this title", meaning

title II of Pub. L. 106-248, which enacted this chapter, to reflect

the probable intent of Congress.

-FOOTNOTE-

(!1) See References in Text note below.

-End-