republic-os/legal/us/code/title-43/chapter-20/section-869-1.md

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LegalText	43 U.S.C. § 869–1	Sale or lease to State or nonprofit organization; reservation of mineral deposits; termination of lease for nonuse	us	united_states_code	code_section	43	PUBLIC LANDS	20	RESERVATIONS AND GRANTS TO STATES FOR PUBLIC PURPOSES	869–1	43 U.S.C. § 869–1	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc43@119-100.zip	/us/usc/t43/s869–1	data/legal/raw/us/code/title-43/usc43.xml	b1b8d40836a315d1f58a92dc7e6733f394304a784b0a5b13baf346f0c27861b3	d46a16361aa9d10bbc4b27ea0561882d240801c965a2700a4b7cf5f02f552a5f	350982829a039c552393d436b482df027ab3efb3d9c44f2145e9f8fade54866d	2026-07-04	official	legal us-code

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

Text

The Secretary of the Interior may after due consideration as to the power value of the land, whether or not withdrawn therefor, (a) sell such land to the State, federally recognized Indian Tribe, Territory, county, or other State, Tribal, Territorial, or Federal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

(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.)

Notes

Editorial Notes

Prior ProvisionsProvisions similar to those in this section were formerly contained in section 869 of this title. See 1954 Amendment note set out under that section. Those prior provisions did not require, as in this section, the Secretary of the Interior to take into account the possible power value of the lands, whether withdrawn therefor, or not, before authorizing any disposal of them under section 869 of this title; did not provide, as in this section, for the sale or lease of those lands to Federal instrumentalities, to Territories and to political subdivisions other than States, counties, and municipalities, and to nonprofit corporations and associations; and did not provide, as in this section, that conveyances of that land for historic-monument purposes should be made without monetary consideration. See section 869 of this title.

Amendments2022—Pub. L. 117–328 inserted “, federally recognized Indian Tribe” before “, Territory” in two places, “Tribal,” before “Territorial,” in two places, and “federally recognized Indian Tribe or” before “municipal corporation” in two places. 1976—Pub. L. 94–579 in cl. (a) inserted reference to recreational purposes and in cl. (b) inserted reference to leases for recreational purposes. 1966—Pub. L. 89–457 authorized an increase in the period of a lease under cl. (b) from twenty to twenty-five years.

Statutory Notes and Related Subsidiaries

Savings ProvisionAmendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.

Period of LeasesPub. L. 89–457, § 2, June 20, 1966, 80 Stat. 210, provided that: “Upon application by a lessee holding a lease under the Recreation and Public Purposes Act [sections 869 to 869–4 of this title] the Secretary of the Interior may enter into a new lease for a term not to exceed twenty-five years from the date of the new lease.”