ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

43 U.S.C. § 869–1 — Sale or lease to State or nonprofit organization; reservation of mineral deposits; termination of lease for nonuse

submitted 100 years ago by ch. 578 to r/title-43-PUBLIC-LANDS · 435 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section permits the Secretary of the Interior to sell or lease classified public land to specified governments or nonprofits for the classified purpose, while reserving minerals to the United States.

After considering the land’s power value, whether or not the land was withdrawn for that value, the Secretary may: (a) sell it to the listed State, Tribe, Territory, county, governmental subdivision, nearby Tribe, or municipal corporation for its classified purpose; historic-monument and recreational conveyances are free, while other prices are set by appraisal or otherwise with the use considered; (b) lease it to those entities at reasonable annual rent for up to 25 years, with a possible like renewal, except recreation leases are free; (c) sell it to a nonprofit corporation or association at an appraised price considering the use; or (d) lease it to a nonprofit for up to 20 years at reasonable annual rent, with a possible like renewal. Every patent or lease must reserve to the United States all minerals and the right to mine and remove them under applicable laws and regulations. Every lease must allow termination if the Secretary finds the land was not used for the specified purpose during a stated period of no more than five years, or was used for another purpose.

the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior may after due consideration as to the power value of the land, whether or not withdrawn therefor, (a) sell such land to the State, federally recognized Indian Tribe, Territory, county, or other State, Tribal, Territorial, or Federal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

Source credit: (June 14, 1926, ch. 578, § 2, as added June 4, 1954, ch. 263, 68 Stat. 174; amended Pub. L. 89–457, § 1, June 20, 1966, 80 Stat. 210; Pub. L. 94–579, title II, § 212(c), (d), Oct. 21, 1976, 90 Stat. 2760; Pub. L. 117–328, div. DD, title I, § 104(b), Dec. 29, 2022, 136 Stat. 5581.)

history & why it existsrecord from the source credit
  • 1926Enacted · Act of June 14, 1926, ch. 578 · 68 Stat. 174
  • 1966Amended · Pub. L. 89-457 · 80 Stat. 210
  • 1976Amended · Pub. L. 94-579 · 90 Stat. 2760
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5581

A history note hasn’t been published yet. The record shows enactment by ch. 578 on 1926-06-14.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case