§2305 — Title 43 Public Lands | U.S. Code

Summary

Money from selling or swapping public land under this chapter must go into a separate federal Treasury account called the Federal Land Disposal Account. The Secretary of the Interior and the Secretary of Agriculture can use that money without needing another law to approve it, to carry out this chapter. Most of the money is used to buy land or land rights that fit three kinds: inholdings, land next to federally designated areas with special resources, and land next to hard-to-reach public lands used for hunting, fishing, or other recreation. At least 80% of the purchase money set aside for each State must buy identified inholdings. Up to 20% of the account may pay administrative and program costs. After admin costs, at least 80% of the remaining funds must be spent in the State where the money came from; leftover can be used in any other State, and any money not obligated or spent by the end of the fourth full fiscal year after the sale can be used in any State. The two Secretaries must make rules to decide which properties to buy, considering when inholdings were created, how a purchase improves public access and recreation, how it helps management, and other factors they choose. Purchases must be from willing sellers, with acceptable clear title, priced at no more than fair market value under federal appraisal rules, and managed as part of the unit they join. Funds may not buy contaminated or hazardous sites or land too hard or costly to manage as federal land. These funds are additional to any money appropriated under chapter 2003 of title 54.

Title 43, §2305

Public Lands — Source: USLM XML via OLRC

(a)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 11 See References in Text note below. shall be deposited in a separate account in the Treasury of the United States to be known as the “Federal Land Disposal Account”.

(b)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)(1)Funds in the Federal Land Disposal Account shall be expended in accordance with this subsection.

(2)(A)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.

(B)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)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)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)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)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)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)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