Title 43 › CHAPTER 20 — RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES › § 869
The Secretary of the Interior can give public land to states, federally recognized tribes, territories, counties, cities, other government units, or to nonprofit groups for public or recreational uses if someone who qualifies applies and meets the rules. The land must be for a real, planned project, not nationally important, and only as much as is reasonably needed. If the plan is for more than 640 acres, the local or tribal government must have adopted land-use plans and zoning for the area. The public must be allowed to take part, with hearings or meetings when appropriate, and at least one public meeting is required for any proposed transfer over 640 acres. In Alaska the Secretary may set lands aside for this program; those lands can’t be used under other public land laws unless the Secretary changes that. If no application is filed for the classified Alaska land within 18 months, the land goes back to general availability. There are yearly size limits on transfers. For recreation: a state or its designated park agency or local governments can get 6,400 acres (plus small roadside parks or rest sites up to 10 acres each), nonprofits can get 640 acres, tribes can get 6,400 acres, and no more than 25,600 acres per state can be transferred for recreation in one year. For other public purposes: a state program, a political subdivision, a nonprofit, or a tribe may receive up to 640 acres each per year. If land was set aside to help another federal, state, or local agency, that agency must agree before the Secretary can transfer it. Lands in national forests, parks, monuments, wildlife refuges, Indian trust lands, and certain Oregon grant lands are not covered by this transfer authority.
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Public Lands, Source: USLM XML via OLRC
Legislative History
Reference
Citation
43 U.S.C. § 869
Title 43, Public Lands
Last Updated
Sep 22, 2026
Release point: 119-110