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U.S. Code as of:
01/19/04
Section 869. Disposal of lands for public or recreational purposes
(a) Application; conditions; classification; restoration if not
applied for
The Secretary of the Interior upon application filed by a duly
qualified applicant under section 869-1 of this title may, in the
manner prescribed by sections 869 to 869-4 of this title, dispose
of any public lands to a State, Territory, county, municipality, or
other State, Territorial, or Federal instrumentality or political
subdivision for any public purposes, or to a nonprofit corporation
or nonprofit association for any recreational or any public purpose
consistent with its articles of incorporation or other creating
authority. Before the land may be disposed of under sections 869 to
869-4 of this title it must be shown to the satisfaction of the
Secretary that the land is to be used for an established or
definitely proposed project, that the land involved is not of
national significance nor more than is reasonably necessary for the
proposed use, and that for proposals of over 640 acres
comprehensive land use plans and zoning regulations applicable to
the area in which the public lands to be disposed of are located
have been adopted by the appropriate State or local authority. The
Secretary shall provide an opportunity for participation by
affected citizens in disposals under sections 869 to 869-4 of this
title, including public hearings or meetings where he deems it
appropriate to provide public comments, and shall hold at least one
public meeting on any proposed disposal of more than six hundred
forty acres under sections 869 to 869-4 of this title. The
Secretary may classify public lands in Alaska for disposition under
sections 869 to 869-4 of this title. Lands so classified may not be
appropriated under any other public land law unless the Secretary
revises such classification or authorizes the disposition of an
interest in the lands under other applicable law. If, within
eighteen months following such classification, no application has
been filed for the purpose for which the lands have been so
classified, then the Secretary shall restore such lands to
appropriation under the applicable public land laws.
(b) Acreage limitations
Conveyances made in any one calendar year shall be limited as
follows:
(i) For recreational purposes:
(A) To any State or the State park agency or any other agency
having jurisdiction over the State park system of such State
designated by the Governor of that State as its sole
representative for acceptance of lands under this provision,
hereinafter referred to as the State, or to any political
subdivision of such State, six thousand four hundred acres, and
such additional acreage as may be needed for small roadside
parks and rest sites of not more than ten acres each.
(B) To any nonprofit corporation or nonprofit association,
six hundred and forty acres.
(C) No more than twenty-five thousand six hundred acres may
be conveyed for recreational purposes under sections 869 to
869-4 of this title in any one State per calendar year. Should
any State or political subdivision, however, fail to secure, in
any one year, six thousand four hundred acres, not counting
lands for small roadside parks and rest sites, conveyances may
be made thereafter if pursuant to an application on file with
the Secretary of the Interior on or before the last day of said
year and to the extent that the conveyance would not have
exceeded the limitations of said year.
(ii) For public purposes other than recreation:
(A) To any State or agency or instrumentality thereof, for
any one program, six hundred and forty acres.
(B) To any political subdivision of a State, six hundred and
forty acres.
(C) To any nonprofit corporation or nonprofit association,
six hundred and forty acres.
(c) Lands withdrawn in aid of functions of a department, agency,
State, etc.; lands excepted from disposal
Where the lands have been withdrawn in aid of a function of a
Federal department or agency other than the Department of the
Interior, or of a State, Territory, county, municipality, water
district, or other local governmental subdivision or agency, the
Secretary of the Interior may make disposals under sections 869 to
869-4 of this title only with the consent of such Federal
department or agency, or of such State, Territory, or local
governmental unit. Nothing in sections 869 to 869-4 of this title
shall be construed to apply to lands in any national forest,
national park, or national monument, or national wildlife refuge,
or to any Indian lands or lands set aside or held for the use or
benefit of Indians, including lands over which jurisdiction has
been transferred to the Department of the Interior by Executive
order for the use of Indians, or, except insofar as sections 869 to
869-4 of this title apply to leases of land to States and counties
and to State and Federal instrumentalities and political
subdivisions and to municipal corporations, to the revested Oregon
and California Railroad grant lands and the reconveyed Coos Bay
Wagon Road grant lands in the State of Oregon. Nor shall any
disposition be made under sections 869 to 869-4 of this title for
any use authorized under any other law, except for a use authorized
under sections 682a to 682e (!1) of this title.
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