§ 1721. — Conveyances of public lands to States, local governments, etc.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1721]
TITLE 43--PUBLIC LANDS
CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
SUBCHAPTER II--LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION
Sec. 1721. Conveyances of public lands to States, local
governments, etc.
(a) Unsurveyed islands; authorization and limitations on authority
The Secretary is authorized to convey to States or their political
subdivisions under the Recreation and Public Purposes Act (44 Stat. 741
as amended; 43 U.S.C. 869 et seq.), as amended, but without regard to
the acreage limitations contained therein, unsurveyed islands determined
by the Secretary to be public lands of the United States. The conveyance
of any such island may be made without survey: Provided, however, That
such island may be surveyed at the request of the applicant State or its
political subdivision if such State or subdivision donates money or
services to the Secretary for such survey, the Secretary accepts such
money or services, and such services are conducted pursuant to criteria
established by the Director of the Bureau of Land Management. Any such
island so surveyed shall not be conveyed without approval of such survey
by the Secretary prior to the conveyance.
(b) Omitted lands; authorization and limitations on authority
(1) The Secretary is authorized to convey to States and their
political subdivisions under the Recreation and Public Purposes Act [43
U.S.C. 869 to 869-4], but without regard to the acreage limitations
contained therein, lands other than islands determined by him after
survey to be public lands of the United States erroneously or
fraudulently omitted from the original surveys (hereinafter referred to
as ``omitted lands''). Any such conveyance shall not be made without a
survey: Provided, That the prospective recipient may donate money or
services to the Secretary for the surveying necessary prior to
conveyance if the Secretary accepts such money or services, such
services are conducted pursuant to criteria established by the Director
of the Bureau of Land Management, and such survey is approved by the
Secretary prior to the conveyance.
(2) The Secretary is authorized to convey to the occupant of any
omitted lands which, after survey, are found to have been occupied and
developed for a five-year period prior to January 1, 1975, if the
Secretary determines that such conveyance is in the public interest and
will serve objectives which outweigh all public objectives and values
which would be served by retaining such lands in Federal ownership.
Conveyance under this subparagraph shall be made at not less than the
fair market value of the land, as determined by the Secretary, and upon
payment in addition of administrative costs, including the cost of
making the survey, the cost of appraisal, and the cost of making the
conveyance.
(c) Conformity with land use plans and programs and coordination with
State and local governments of conveyances
(1) No conveyance shall be made pursuant to this section until the
relevant State government, local government, and areawide planning
agency designated pursuant to section 204 of the Demonstration Cities
and Metropolitan Development Act of 1966 (80 Stat. 1255, 1262) [42
U.S.C. 3334] and/or section 6506 of title 31 have notified the Secretary
as to the consistency of such conveyance with applicable State and local
government land use plans and programs.
(2) The provisions of section 1720 of this title shall be applicable
to all conveyances under this section.
(d) Applicability of other statutory requirements for authorized use of
conveyed lands
The final sentence of section 1(c) of the Recreation and Public
Purposes Act [43 U.S.C. 869(c)] shall not be applicable to conveyances
under this section.
(e) Limitations on uses of conveyed lands
No conveyance pursuant to this section shall be used as the basis
for determining the baseline between Federal and State ownership, the
boundary of any State for purposes of determining the extent of a
State's submerged lands or the line of demarcation of Federal
jurisdiction, or any similar or related purpose.
(f) Applicability to lands within National Forest System, National Park
System, National Wildlife Refuge System, and National Wild and
Scenic Rivers System
The provisions of this section shall not apply to any lands within
the National Forest System, defined in the Act of August 17, 1974 (88
Stat. 476; 16 U.S.C. 1601), the National Park System, the National
Wildlife Refuge System, and the National Wild and Scenic Rivers System.
(g) Applicability to other statutory provisions authorizing sale of
specific omitted lands
Nothing in this section shall supersede the provisions of the Act of
December 22, 1928 (45 Stat. 1069; 43 U.S.C. 1068), as amended, and the
Act of May 31, 1962 (76 Stat. 89), or any other Act authorizing the sale
of specific omitted lands.
(Pub. L. 94-579, title II, Sec. 211, Oct. 21, 1976, 90 Stat. 2758.)
References in Text
The Recreation and Public Purposes Act, referred to in subsecs. (a)
and (b)(1), is act June 14, 1926, ch. 578, 44 Stat. 741, as amended,
which is classified to sections 869 to 869-4 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 869 of this title and Tables.
Act of August 17, 1974 (88 Stat. 476; 16 U.S.C. 1601), referred to
in subsec. (f), is Pub. L. 93-378, Aug. 17, 1974, 88 Stat. 476, as
amended, known as the Forest and Rangelands Renewable Resources Planning
Act of 1974, which is classified generally to subchapter I (Sec. 1600 et
seq.) chapter 36 of Title 16, Conservation. The provisions of such Act
defining the lands within the National Forest System are set out in
section 1609 of Title 16. For complete classification of this Act to the
Code, see Short Title note set out under section 1600 of Title 16 and
Tables.
Act of December 22, 1928 (45 Stat. 1069; 43 U.S.C. 1068), as
amended, referred to in subsec. (g), is act Dec. 22, 1928, ch. 47, 45
Stat. 1069, as amended, which is classified generally to chapter 25A
(Sec. 1068 et seq.) of this title. For complete classification of this
Act to the Code, see Tables.
Act of May 31, 1962, referred to in subsec. (g), is Pub. L. 87-469,
May 31, 1962, 76 Stat. 89, which is not classified to the Code.
Codification
In subsec. (c)(1), ``section 6506 of title 31'' substituted for
``title IV of the Intergovernmental Cooperation Act of 1968 (82 Stat.
1098, 1103-4) [42 U.S.C. 4231 et seq.]'' on authority of Pub. L. 97-258,
Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which
enacted Title 31, Money and Finance.
