43 U.S.C. § 869–2 — Conditions of transfer by grantee; solid waste disposal
submitted 100 years ago by ch. 578 to r/title-43-PUBLIC-LANDS · 1,229 words · no verdicts yet
This section restricts later transfers and changed uses of land conveyed under these sections and provides special rules for new and existing disposal sites involving hazardous substances.
(a) A grantee or successor may transfer title only with the Secretary’s consent, to a person qualified under § 869–1(a) or (c), and subject to § 869(b)’s acreage limit. A changed or additional use also requires consent and must be one for which the grantee or successor could receive a conveyance. An unauthorized transfer of title or control, or unauthorized different use, causes title to revert to the United States.
(b)(1) For an application expressly seeking solid-waste disposal, or another use the Secretary finds may involve disposal, placement, or release of a hazardous substance, the Secretary may convey land subject only to this subsection. (2) Before conveyance, the Secretary must investigate for hazardous substances, including available-use records and appropriate soil, water, and air analysis. The land may not be conveyed if one is found. (3) The application cannot be acted on until the applicant proves that it and proposed-use information were provided to EPA and all responsible State and Federal agencies. (4) The applicant must warrant compliance with all applicable State and Federal laws and hold the United States harmless from liability for violations. (5) The applicant must show that the land meets State and local requirements and is suitable in character and reasonable in acreage for an existing or reasonably expected disposal need or other hazardous-substance-related use. (6)(A) The conveyance must generally provide for reversion unless substantially all land is used by five years after conveyance for the application’s purposes or an authorized alternative. (B) If unused land is transferred, the original recipient must pay the United States its fair market value on the transfer date, including improvements; subject to appropriations, the Secretary keeps the money for public-land management until spent. (C) Pricing follows § 869–1, but no payment is required merely for including this limited reverter. (D) A patent must say that land used for solid-waste disposal or another use the Secretary finds may release a hazardous substance can never revert. (7) “Hazardous substance” has the same meaning as in CERCLA, 42 U.S.C. § 9601 et seq.
(c)(1) For land conveyed before November 10, 1988, the Secretary may, on application or concurrence of the recipient, give up the United States’ reversion interest if the land was used for solid-waste disposal or a potentially hazardous-substance-related purpose, and may cancel inconsistent patent language. After that, the land can never revert by operation of law and is no longer subject to subsection (a). (2) For land leased before that date, the Secretary may, on the lessee’s application or concurrence, convey in fee land used for those purposes. The patent may not contain a reverter; after issuance the land can never revert by operation of law and is not subject to subsection (a).
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.
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.
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.
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.
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.
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.
A conveyance under this subsection shall be subject to the following conditions:
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) with the consent of the Secretary.
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.
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.
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.
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.).
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.
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.
Source credit: (June 14, 1926, ch. 578, § 3, as added June 4, 1954, ch. 263, 68 Stat. 175; amended Pub. L. 86–292, § 2, Sept. 21, 1959, 73 Stat. 571; Pub. L. 100–648, § 2, Nov. 10, 1988, 102 Stat. 3813.)
- 1926Enacted · Act of June 14, 1926, ch. 578 · 68 Stat. 175
- 1959Amended · Pub. L. 86-292 · 73 Stat. 571
- 1988Amended · Pub. L. 100-648 · 102 Stat. 3813
A history note hasn’t been published yet. The record shows enactment by ch. 578 on 1926-06-14.
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