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

Summary

The Secretary of the Interior may transfer public land to a State, federally recognized Indian Tribe, Territory, county, city, other government unit, or to a nonprofit for public or recreational uses when an eligible applicant applies under section 869–1 and the rules in sections 869–869–4 are followed. The land must be for a real, planned project, not nationally important, and only as large as needed. If the plan is for more than 640 acres, the area must already have comprehensive land use plans and zoning from the proper State, Tribal, or local authority. The Secretary must let affected citizens take part, including hearings or meetings when appropriate, and must hold at least one public meeting for any proposed transfer over 640 acres. In Alaska the Secretary may classify lands for transfer; those lands cannot be taken under other public land laws unless the Secretary changes the classification. If no application is filed within 18 months after classification, the lands go back to general availability under the public land laws. Yearly size limits apply. For recreation: a State or its designated park agency or a political subdivision may receive 6,400 acres (plus small roadside parks/rest sites up to 10 acres each); a nonprofit may receive 640 acres; a federally recognized Indian Tribe may receive 6,400 acres. No more than 25,600 acres for recreation may be given in any one State in a calendar year. If a State does not take its 6,400 acres in a year, unused amounts may still be transferred later if an application was on file by year’s end and the yearly limits would not be exceeded. For public (non-recreation) uses, the limit is 640 acres for a State program, for a political subdivision, for a nonprofit, and for a Tribe. The Secretary must have the consent of any federal, State, or local agency that previously withdrew the land for its use. These transfer rules do not apply to national forests, national parks, national monuments, national wildlife refuges, Indian lands or lands held for Indians (including lands placed with the Department of the Interior by Executive order for Indian use), and, except as the law allows leases to States, Tribes, counties and similar government bodies, do not apply to the revested O&C Railroad grant lands and the reconveyed Coos Bay Wagon Road grant lands in Oregon. Transfers also cannot be made for uses already authorized by other laws.

Title 43, §869

Public Lands — Source: USLM XML via OLRC

(a)The Secretary of the Interior upon application filed by a duly qualified applicant under section 869–1 of this title may, in the manner prescribed by sections 869 to 869–4 of this title, dispose of any public lands to a State, federally recognized Indian Tribe, Territory, county, municipality, or other State, Tribal, Territorial, or Federal instrumentality or political subdivision for any public purposes, or to a nonprofit corporation or nonprofit association for any recreational or any public purpose consistent with its articles of incorporation or other creating authority. Before the land may be disposed of under sections 869 to 869–4 of this title it must be shown to the satisfaction of the Secretary that the land is to be used for an established or definitely proposed project, that the land involved is not of national significance nor more than is reasonably necessary for the proposed use, and that for proposals of over 640 acres comprehensive land use plans and zoning regulations applicable to the area in which the public lands to be disposed of are located have been adopted by the appropriate State, Tribal, or local authority. The Secretary shall provide an opportunity for participation by affected citizens in disposals under sections 869 to 869–4 of this title, including public hearings or meetings where he deems it appropriate to provide public comments, and shall hold at least one public meeting on any proposed disposal of more than six hundred forty acres under sections 869 to 869–4 of this title. The Secretary may classify public lands in Alaska for disposition under sections 869 to 869–4 of this title. Lands so classified may not be appropriated under any other public land law unless the Secretary revises such classification or authorizes the disposition of an interest in the lands under other applicable law. If, within eighteen months following such classification, no application has been filed for the purpose for which the lands have been so classified, then the Secretary shall restore such lands to appropriation under the applicable public land laws.

(b)Conveyances made in any one calendar year shall be limited as follows:

(1)For recreational purposes:

(A)To any State or the State park agency or any other agency having jurisdiction over the State park system of such State designated by the Governor of that State as its sole representative for acceptance of lands under this provision, hereinafter referred to as the State, or to any political subdivision of such State, six thousand four hundred acres, and such additional acreage as may be needed for small roadside parks and rest sites of not more than ten acres each.

(B)To any nonprofit corporation or nonprofit association, six hundred and forty acres.

(C)No more than twenty-five thousand six hundred acres may be conveyed for recreational purposes under sections 869 to 869–4 of this title in any one State per calendar year. Should any State or political subdivision, however, fail to secure, in any one year, six thousand four hundred acres, not counting lands for small roadside parks and rest sites, conveyances may be made thereafter if pursuant to an application on file with the Secretary of the Interior on or before the last day of said year and to the extent that the conveyance would not have exceeded the limitations of said year.

(D)To any federally recognized Indian Tribe, 6,400 acres.

(2)For public purposes other than recreation:

(A)To any State or agency or instrumentality thereof, for any one program, six hundred and forty acres.

(B)To any political subdivision of a State, six hundred and forty acres.

(C)To any nonprofit corporation or nonprofit association, six hundred and forty acres.

(D)To any federally recognized Indian Tribe, 640 acres.

(c)Where the lands have been withdrawn in aid of a function of a Federal department or agency other than the Department of the Interior, or of a State, Territory, county, municipality, water district, or other local governmental subdivision or agency, the Secretary of the Interior may make disposals under sections 869 to 869–4 of this title only with the consent of such Federal department or agency, or of such State, Territory, or local governmental unit. Nothing in sections 869 to 869–4 of this title shall be construed to apply to lands in any national forest, national park, or national monument, or national wildlife refuge, or to any Indian lands or lands set aside or held for the use or benefit of Indians, including lands over which jurisdiction has been transferred to the Department of the Interior by Executive order for the use of Indians, or, except insofar as sections 869 to 869–4 of this title apply to leases of land to States, federally recognized Indian Tribes, and counties and to State, Tribal, Territorial, and Federal instrumentalities and political subdivisions and to municipal corporations, to the revested Oregon and California Railroad grant lands and the reconveyed Coos Bay Wagon Road grant lands in the State of Oregon. Nor shall any disposition be made under sections 869 to 869–4 of this title for any use authorized under any other law.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (a). Pub. L. 117–328, § 104(a)(1), inserted “federally recognized Indian Tribe,” before “Territory,” and “Tribal,” before “Territorial,” in first sentence and “, Tribal,” before “or local authority” in second sentence. Subsec. (b). Pub. L. 117–328, § 104(a)(2), redesignated cls. (i) and (ii) as pars. (1) and (2), respectively, and added subpar. (D) to pars. (1) and (2). Subsec. (c). Pub. L. 117–328, § 104(a)(3), substituted “States, federally recognized Indian Tribes, and counties and to State, Tribal, Territorial, and Federal” for “States and counties and to State and Federal” and struck out “, except for a use authorized under sections 682a to 682e of this title” before period at end. 1976—Subsec. (a). Pub. L. 94–579, § 212(a), inserted provisions requiring lands proposed to be disposed not to be of national significance nor more than reasonably necessary for the proposed use, provisions relating to proposals of over 640 acres, and provisions relating to participation by affected individuals. Subsec. (b)(1). Pub. L. 94–579, § 212(b), in cl. (A) inserted reference to State political subdivision and struck out limitation of three sites, limitation of six sites for calendar years 1960, 1961, and 1962, and proviso for additional sites where conveyances in one year did not meet the authorized number, in cl. (B) substituted “nonprofit corporation or nonprofit association” for “political subdivision of a State”, and in cl. (C) substituted provisions relating to authorization for a calendar year, for provisions authorizing six hundred and forty acres to any nonprofit corporation or association. 1960—Subsec. (b)(i)(A). Pub. L. 86–755 inserted “or the State park agency or any other agency having jurisdiction over the State park system of said State designated by the Governor of that State as its sole representative for acceptance of lands under this provision,” after “State” and inserted proviso. 1959—Subsec. (b). Pub. L. 86–292 substituted acreage limitations making special allowances to States for recreational areas for provision which limited conveyance to 640 acres to any one grantee in any one calendar year. Subsec. (c). Pub. L. 86–66 substituted provisions making sections 869 to 869–4 of this title inapplicable, except insofar as those sections apply to leases of land to States and counties and to State and Federal instrumentalities and political subdivisions and to municipal corporations, to revested Oregon and California Railroad grant lands and reconveyed Coos Bay Wagon Road grant lands in the State of Oregon, for provisions which made those sections inapplicable to the revested Oregon and California Railroad grant lands and reconveyed Coos Bay Wagon Road grant lands. 1954—Act

June 4, 1954, divided provisions of act

June 14, 1926, on which this section is based, into separate sections (now set out as this section and sections 869–1 to 869–4 of this title), and changed provisions generally to broaden authority of Secretary of the Interior to dispose of public lands for public purposes (1) by including provisions for disposal thereof to Territories (including Alaska), other political subdivisions, and nonprofit corporations and associations rather than to States, counties, and municipalities only, (2) by permitting the disposal thereof for “public” purposes, rather than merely for “recreational” purposes as theretofore, (3) by striking out “nonmineral” in describing the lands which may be so disposed of, (4) by inserting limitation provisions set out in subsecs. (b) and (c) of this section, (5) by amending and transferring to section 2 of that act (section 869–1 of this title) provisions governing methods of, and conditions with respect to the, disposing of the lands for those purposes (see

Prior Provisions

note set out under section 869–1 of this title), including provision for the reservation of mineral deposits, (6) by amending and transferring to section 3 of that act (section 869–2 of this title) provisions with respect to reversion of the lands to the United States in certain cases (see

Prior Provisions

note set out under section 869–2 of this title), (7) by enacting, as section 4 of that act, provisions set out as section 869–3 of this title, and (8) by inserting provision in this section that disposals should be made “upon application by a duly qualified applicant” under section 869–1 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 1960 Amendment Pub. L. 86–755, Sept. 13, 1960, 74 Stat. 899, provided that the amendment made by Pub. L. 86–755 is effective Sept. 21, 1959.

Short Title

of 1988 Amendment Pub. L. 100–648, § 1, Nov. 10, 1988, 102 Stat. 3813, provided that: “This Act [amending section 869–2 of this title and enacting provisions set out as notes under section 869–2 of this title] may be cited as the ‘Recreation and Public Purposes Amendment Act of 1988’.”

Short Title

Act June 14, 1926, ch. 578, 44 Stat. 741, which enacted sections 869 to 869–4 of this title, is popularly known as the “Recreation and Public Purposes Act”.

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.

§869 Disposal of Lands for Public or Recreational Purposes

Summary

Title 43, §869

Notes & Related Subsidiaries

Editorial Notes

Amendments

Prior Provisions

Prior Provisions

Statutory Notes and Related Subsidiaries

Effective Date

Short Title

Short Title

Savings Provision

Citations & Metadata