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Title 43 — Public LandsRelease 119-73

§869–1 Sale or lease to State or nonprofit organization; reservation of mineral deposits; termination of lease for nonuse

Title 43 › Chapter CHAPTER 20— - RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES › § 869–1

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Interior can sell or lease public land to state, tribal, territorial, county, local, or federal agencies where the land is located, to a nearby tribal government or city in the same State or Territory, or to nonprofit groups. The land must be used for the purpose it was set aside for. Sales or leases for historic monuments or for recreation are made without payment. Other sales are sold at a price the Secretary sets after an appraisal and considering the planned use. Leases to public bodies normally charge a reasonable yearly rent for up to 25 years and may be renewed for another like period at the Secretary’s choice. Nonprofits may buy at an appraised price or lease for up to 20 years, with possible renewal. Every sale or lease must keep all mineral deposits and the United States’ right to mine them under rules the Secretary makes. Every lease must allow the Secretary to end it if the lessee stops using the land for the agreed purpose for a period the lease sets (but not more than five years), or if any part is used for a different purpose.

Full Legal Text

Title 43, §869–1

Public Lands — Source: USLM XML via OLRC

The Secretary of the Interior may after due consideration as to the power value of the land, whether or not withdrawn therefor, (a) sell such land to the State, federally recognized Indian Tribe, Territory, county, or other State, Tribal, Territorial, or Federal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 political 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 without 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 political 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 consideration, 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 nonprofit 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 association at a reasonable annual rental, for a period 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 established by the Secretary. Each lease shall contain a provision for its termination upon a finding 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were formerly 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 possible 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 political subdivisions other than States, counties, and municipalities, and to nonprofit corporations and associations; and did not provide, as in this section, that conveyances 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 “federally recognized Indian Tribe or” before “municipal corporation” in two places. 1976—Pub. L. 94–579 in cl. (a) inserted reference to recreational purposes and in cl. (b) inserted reference to leases for recreational purposes. 1966—Pub. L. 89–457 authorized an increase in the period 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., existing 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.”

Reference

Citations & Metadata

Citation

43 U.S.C. § 869–1

Title 43 — Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73