43 U.S.C. § 869–1: Sale or lease to State or…

Summary

The Secretary of the Interior can sell or lease public land to a State, a federally recognized Indian Tribe, a Territory, a county, a nearby municipal government, other local or federal government bodies, or to a nonprofit corporation or association, for the land’s classified use. Transfers for historic monuments or recreation must be free. Leases for recreation must also be free. Other sales must be priced by the Secretary after appraisal and considering the planned use. Leases to governments may last up to 25 years, with a possible renewal for the same length. Leases to nonprofits may last up to 20 years, also with possible renewal for the same length. Government leases should charge a reasonable yearly rent when not free. Every sale or lease will keep the United States’ right to any minerals under the land and to remove them under rules the Secretary sets. Leases must allow the Secretary to end them if the land is not used for its agreed purpose for a time the lease sets (no longer than five years) or if it is put to another use.

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The Secretary of the Interior may after due consideration as to the power value of the land, whether or not withdrawn therefor, (a) sell such land to the State, federally recognized Indian Tribe, Territory, county, or other State, Tribal, Territorial, or Federal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.

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.”

§869–1 Sale or Lease to State or Nonprofit Organization; Reservation of Mineral Deposits; Termination of Lease for Nonuse

Summary

Title 43, §869–1

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Savings Provision

Citations & Metadata