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U.S. Code as of:
01/19/04
Section 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.
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