PRIA, Government Policy, Made Personal

Summary

Money from selling public land must go into a special Treasury account called the Federal Land Disposal Account, unless another law says some money must go to state trust funds. The Secretary of the Interior and the Secretary of Agriculture can use the money without extra Congressional approval to carry out the land disposal program. The money is mainly for buying lands the government is allowed to buy — especially inholdings, lands next to federal areas with special resources, and lands next to remote areas open for hunting, fishing, shooting, or other recreation. The two Secretaries must make a priority plan for which lands to buy, using factors like when an inholding was created, how the purchase improves public access and recreation, how it helps management, and other appropriate criteria. At least 80% of each State’s purchase funds must go to inholdings listed under section 2303. Up to 20% of the account may pay administrative and other program expenses. After that, at least 80% of the remaining money must be spent in the State where the funds were generated; leftover funds may be spent in other States. If money from a sale is not obligated by the end of the fourth full fiscal year after the sale, it can be used in any State. Purchases must be from willing sellers, have acceptable title, cost no more than fair market value under federal appraisal rules, and be managed as part of the unit. The account cannot buy contaminated land or land that would be difficult or uneconomic to manage. These funds are supplemental to money under chapter 2003 of title 54.

Title 43, §2305

Public Lands, Source: USLM XML via OLRC

(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 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.— (B) Inholdings.—

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;

(ii)adjacent to federally designated areas and contain exceptional resources; or

(iii)adjacent to inaccessible lands open to public hunting, fishing, recreational shooting, or other recreational purposes.

(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.

(E)Any funds made available under subparagraph (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.

(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 the acquisition of the land or interest therein will increase the public availability of resources for, and facilitate public access to, hunting, fishing, and other recreational activities;

(C)the extent to which acquisition of the land or interest therein will facilitate management efficiency; and

(D)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)Chapter 2003 of title 54

Funds made available under this section shall be supplemental to any funds appropriated under chapter 2003 of title 54.

Notes & Related Subsidiaries

Editorial Notes

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.

Amendments

2018—Subsec. (c)(2)(A)(i). Pub. L. 115–141, § 302(5)(A), substituted “inholdings;” for “inholdings; and”. Subsec. (c)(2)(A)(ii). Pub. L. 115–141, § 302(5)(B), substituted “exceptional resources; or” for “exceptional resources.” Subsec. (c)(2)(A)(iii). Pub. L. 115–141, § 302(5)(C), added cl. (iii). Subsec. (c)(2)(E). Pub. L. 115–141, § 302(5)(D), added subpar. (E). Subsec. (c)(3)(B) to (D). Pub. L. 115–141, § 302(6), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. Subsec. (f). Pub. L. 115–141, § 302(7), struck out subsec. (f). Text read as follows: “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 200303 of title 54.” 2014—Subsec. (e). Pub. L. 113–287, § 5(l)(9)(A), substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act (16 U.S.C. 460l–4 et seq.)”. Subsec. (f)(2). Pub. L. 113–287, § 5(l)(9)(B), which directed substitution of “section 200303 of title 54” for “section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6)”, was executed by making the substitution for “section 3 of the Land and Water Conservation Fund Act (16 U.S.C. 460l–6)” to reflect the probable intent of Congress.

§2305 Federal Land Disposal Account