§ 869-2. — Conditions of transfer by grantee; solid waste disposal.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC869-2]
TITLE 43--PUBLIC LANDS
CHAPTER 20--RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES
Sec. 869-2. Conditions of transfer by grantee; solid waste
disposal
(a) Conditions of transfer by grantee
Title to lands conveyed by the Government under sections 869 to 869-
4 of this title may not be transferred by the grantee or its successor
except, with the consent of the Secretary of the Interior, to a
transferee which would be a qualified grantee under section 869-1(a) or
869-1(c) of this title and subject to the acreage limitation contained
in section 869(b) of this title. A grantee or its successor may not
change the use specified in the conveyance to another or additional use
except, with the consent of the Secretary, to a use for which such
grantee or its successor could obtain a conveyance under sections 869 to
869-4 of this title. If at any time after the lands are conveyed by the
Government, the grantee or its successor attempts to transfer title to
or control over these lands to another or the lands are devoted to a use
other than that for which the lands were conveyed, without the consent
of the Secretary, title to the lands shall revert to the United States.
(b) New disposal sites
(1) Notwithstanding the provisions of subsection (a) of this
section, if the Secretary receives an application for conveyance of land
under sections 869 to 869-4 of this title for the express purpose of
solid waste disposal or for another purpose which the Secretary finds
may include the disposal, placement, or release of any hazardous
substance, the Secretary may convey such land subject only to the
provisions of this subsection.
(2) Prior to issuance of any conveyance of land under this
subsection the Secretary shall investigate the land covered by an
application for such conveyance to determine whether or not any
hazardous substance is present on such land. Such investigation shall
include a review of any available records as to the use of such land and
all appropriate analysis of the soil, water and air associated with such
land. No land shall be conveyed under this subsection if such
investigation indicates that any hazardous substance is present on such
land.
(3) No application for conveyance under this subsection shall be
acted on by the Secretary until the applicant has furnished evidence,
satisfactory to the Secretary, that a copy of the application and
information concerning the proposed use of the land covered by the
application has been provided to the Environmental Protection Agency and
to all other State and Federal agencies with responsibility for
enforcement of State and Federal laws applicable to lands used for the
disposal, placement, or release of solid waste or any hazardous
substance.
(4) No application for conveyance under this subsection shall be
acted on by the Secretary until the applicant has given a warranty that
use of the land covered by the application will be consistent with all
applicable State and Federal laws, including laws dealing with the
disposal, placement, or release of hazardous substances, and that the
applicant will hold the United States harmless from any liability that
may arise out of any violation of any such law.
(5) A conveyance under this subsection shall be made to the extent
that the applicant has demonstrated to the Secretary that the land
covered by an application meets all applicable State and local
requirements and is appropriate in character and reasonable in acreage
in order to meet an existing or reasonably anticipated need for solid
waste disposal or for another proposed use that the Secretary finds may
include the disposal, placement, or release of any hazardous substance.
(6) A conveyance under this subsection shall be subject to the
following conditions:
(A) Except as otherwise provided in subparagraphs (B) and (D) of
this paragraph, the document of conveyance shall provide that the
lands conveyed under this subsection shall revert to the United
States, unless substantially all of the lands have been used, on or
before the date five years after the date of conveyance, for the
purpose or purposes specified in the application, or for other use
or uses authorized under subsection (a) of this section with the
consent of the Secretary.
(B) In the event that at any time after such conveyance any
portion of such lands has not been used for the purpose or purposes
specified in the application, and the party to whom such lands were
conveyed by the Secretary shall transfer ownership of such unused
portion to any other party, the party to whom such lands were
conveyed by the Secretary shall be liable to pay the Secretary, on
behalf of the United States, the fair market value of such
transferred portion as of the date of such transfer, including the
value of any improvements thereon. Subject to appropriations, all
amounts received by the Secretary under this subparagraph shall be
retained by the Secretary and used for the management of public
lands and shall remain available until expended.
(C) Pricing for conveyances of land under this subsection shall
be in accordance with the provisions of section 869-1 of this title,
except that no compensation shall be required for the inclusion of
only the limited reverter specified in this paragraph.
(D) Each patent issued under this subsection shall specify that
no portion of the lands covered by such patent shall under any
circumstances revert to the United States if such portion has been
used for solid waste disposal or for any other purpose that the
Secretary finds may result in the disposal, placement, or release of
any hazardous substance.
(7) For purposes of this section the term ``hazardous substance''
has the same meaning as such term has when used in the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.).
(c) Existing disposal sites
(1) Upon the application or with the concurrence of any party to
whom the Secretary, prior to November 10, 1988, conveyed land under
sections 869 to 869-4 of this title, the Secretary may renounce the
reversionary interests of the United States in such land, or portion
thereof, if the Secretary finds that such land, or portion thereof, has
been used for solid waste disposal or for any other purpose which the
Secretary finds may result in the disposal, placement, or release of any
hazardous substance, and the Secretary may rescind any portion of any
patent or other instrument of conveyance inconsistent with such
renunciation. After such renunciation, affected lands shall not under
any circumstances revert to the United States by the operation of law,
and shall cease to be subject to the provisions of subsection (a) of
this section.
(2) Upon the application or with the concurrence of a party to whom
the Secretary, prior to November 10, 1988, leased lands pursuant to
sections 869 to 869-4 of this title, the Secretary may convey in fee the
lands covered by such lease or any portion thereof which have been used
for solid waste disposal or for any other purpose that the Secretary
finds may result in the disposal, placement, or release of any hazardous
substance. Notwithstanding any other provision of sections 869 to 869-4
of this title, a patent issued pursuant to this paragraph shall not
contain a reverter provision and the lands covered by such patent shall
not under any circumstances revert to the United States by operation of
law after the issuance of such patent and shall not be subject to the
provisions of subsection (a) of this section.
(June 14, 1926, ch. 578, Sec. 3, as added June 4, 1954, ch. 263, 68
Stat. 175; amended Pub. L. 86-292, Sec. 2, Sept. 21, 1959, 73 Stat. 571;
Pub. L. 100-648, Sec. 2, Nov. 10, 1988, 102 Stat. 3813.)
References in Text
The Comprehensive Environmental Response, Compensation, and
Liability Act, referred to in subsec. (b)(7), probably means the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980, Pub. L. 96-510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is
classified principally to chapter 103 (Sec. 9601 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 9601 of Title 42
and Tables.
Prior Provisions
Prior provisions on the subject of reverter were formerly contained
in section 869 of this title. See 1954 Amendment note set out under that
section. Those prior provisions permanently restricted the lands
conveyed to a single use, and did not provide, as in this section, for
transfer by the original grantee or its successor.
Amendments
1988--Pub. L. 100-648 designated existing provision as subsec. (a)
and added subsecs. (b) and (c).
1959--Pub. L. 86-292 struck out sentence which provided that this
section should cease to be in effect as to any lands patented under
sections 869 to 869-4 of this title twenty-five years after the issuance
of patent for such lands.
Savings Provisions
Section 3 of Pub. L. 100-648 provided that: ``Nothing in this Act
[amending section 869-2 of this title and enacting provisions set out as
notes under sections 869 and 869-2 of this title] or the amendments made
thereby shall be construed to affect the applicability and operation of
the Comprehensive Environmental Response, Compensation[,] and Liability
Act [of 1980] (42 U.S.C. 9601 et seq.) as amended, and the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.), as
amended.''
Congressional Review of Conveyance of Land or Renunciation of
Reversionary Interests
Section 4 of Pub. L. 100-648 provided that:
``(a) The Secretary shall not make any conveyance of land or
renunciation of reversionary interests under this Act [amending section
869-2 of this title and enacting provisions set out as notes under
sections 869 and 869-2 of this title] until he has published in the
Federal Register regulations implementing this Act and until sixty days
(not counting days on which the House of Representatives or the Senate
has adjourned for more than three days) after these regulations have
been submitted to the Committee on Energy and Natural Resources of the
Senate and the Committee on Interior and Insular Affairs of the House of
Representatives. [Implementing regulations were published in the Federal
Register July 23, 1992, 57 F.R. 32730.]
``(b) During the first three years after enactment of this Act [Nov.
10, 1988] the Secretary shall not make any conveyance of land or
renunciation of reversionary interests under this Act until thirty days
(not counting days on which the House of Representatives or the Senate
has adjourned for more than three days) after notice of intention to do
so has been submitted to the Committee on Energy and Natural Resources
of the Senate and the Committee on Interior and Insular Affairs of the
House of Representatives.''
Section Referred to in Other Sections
This section is referred to in sections 869, 869-3, 869-4, 1721 of
this title.
