§ 869-1. — Sale or lease to State or nonprofit organization; reservation of mineral deposits; termination of lease for nonuse.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC869-1]
TITLE 43--PUBLIC LANDS
CHAPTER 20--RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES
Sec. 869-1. Sale or lease to State or nonprofit organization;
reservation of mineral deposits; termination of lease for nonuse
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power value of the land, whether or not withdrawn therefor, (a) sell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, Territory, county, or other State, Territorial,
or Federal instrumentality or political subdivision in which the lands
are situated, or to a nearby 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, Territory, county, or other State, Territorial, or Federal
instrumentality or political subdivision in which the lands are
situated, or to a nearby 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.
(June 14, 1926, ch. 578, Sec. 2, as added June 4, 1954, ch. 263, 68
Stat. 174; amended Pub. L. 89-457, Sec. 1, June 20, 1966, 80 Stat. 210;
Pub. L. 94-579, title II, Sec. 212(c), (d), Oct. 21, 1976, 90 Stat.
2760.)
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
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.
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
Section 2 of Pub. L. 89-457 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.''
Section Referred to in Other Sections
This section is referred to in sections 869, 869-2, 869-3, 869-4,
1721 of this title.
