§1718 — Title 43 Public Lands | U.S. Code

Summary

After land is sold or otherwise transferred under this Act, the Secretary must issue the patent or other transfer papers. He must add any terms, covenants, conditions, or reservations needed to protect proper land use and the public interest, except for land exchanges under subsection 1716(b). Those added terms do not excuse the person getting the land from following federal or state law or state land-use plans. The Secretary may not include terms that would, at the time of transfer, violate any law or state or local land-use plans or programs.

Title 43, §1718

Public Lands — Source: USLM XML via OLRC

The Secretary shall issue all patents or other documents of conveyance after any disposal authorized by this Act. The Secretary shall insert in any such patent or other document of conveyance he issues, except in the case of land exchanges, for which the provisions of subsection 1716(b) of this title shall apply, such terms, covenants, conditions, and reservations as he deems necessary to insure proper land use and protection of the public interest: Provided, That a conveyance of lands by the Secretary, subject to such terms, covenants, conditions, and reservations, shall not exempt the grantee from compliance with applicable Federal or State law or State land use plans: Provided further, That the Secretary shall not make conveyances of public lands containing terms and conditions which would, at the time of the conveyance, constitute a violation of any law or regulation pursuant to State and local land use plans, or programs.

Editorial Notes

References in Text

This Act, referred to in text, is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, known as the Federal Land Policy and Management Act of 1976. For complete classification of this Act to the Code, see Tables.

§1718 Documents of conveyance; terms, covenants, etc.

Summary

Title 43, §1718

Notes & Related Subsidiaries

Editorial Notes

References in Text

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