§ 2305. — Federal Land Disposal Account.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC2305]
TITLE 43--PUBLIC LANDS
CHAPTER 41--FEDERAL LAND TRANSACTION FACILITATION
Sec. 2305. Federal Land Disposal Account
(a) Deposit of proceeds
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 \1\ shall be deposited in a separate
account in the Treasury of the United States to be known as the
``Federal Land Disposal Account''.
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\1\ See References in Text note below.
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(b) Availability
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) Use of the Federal Land Disposal Account
(1) In general
Funds in the Federal Land Disposal Account shall be expended in
accordance with this subsection.
(2) Fund allocation
(A) Purchase of land
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; and
(ii) adjacent to federally designated areas and contain
exceptional resources.
(B) Inholdings
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) Administrative and other expenses
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) Same State purchases
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.
(3) Priority
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 acquisition of the land or interest
therein will facilitate management efficiency; and
(C) such other criteria as the Secretary and the Secretary
of Agriculture deem appropriate.
(4) Basis of sale
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) Contaminated sites and sites difficult and uneconomic to manage
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) Land and Water Conservation Fund Act
Funds made available under this section shall be supplemental to any
funds appropriated under the Land and Water Conservation Fund Act (16
U.S.C. 460l-4 et seq.).
(f) Termination
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 3 of the Land and Water Conservation
Fund Act (16 U.S.C. 460l-6).
(Pub. L. 106-248, title II, Sec. 206, July 25, 2000, 114 Stat. 616.)
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.
The Land and Water Conservation Fund Act, referred to in subsec.
(e), probably means the Land and Water Conservation Fund Act of 1965,
Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is
classified generally to part B (Sec. 460l-4 et seq.) of subchapter LXIX
of chapter 1 of Title 16, Conservation. For complete classification of
this Act to the Code, see Short Title note set out under section 460l-4
of Title 16 and Tables.
Section Referred to in Other Sections
This section is referred to in sections 2303, 2304 of this title.
