
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC1713]

 
                         TITLE 43--PUBLIC LANDS
 
             CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
 
  SUBCHAPTER II--LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION
 
Sec. 1713. Sales of public land tracts


(a) Criteria for disposal; excepted lands

    A tract of the public lands (except land in units of the National 
Wilderness Preservation System, National Wild and Scenic Rivers Systems, 
and National System of Trails) may be sold under this Act where, as a 
result of land use planning required under section 1712 of this title, 
the Secretary determines that the sale of such tract meets the following 
disposal criteria:
        (1) such tract because of its location or other characteristics 
    is difficult and uneconomic to manage as part of the public lands, 
    and is not suitable for management by another Federal department or 
    agency; or
        (2) such tract was acquired for a specific purpose and the tract 
    is no longer required for that or any other Federal purpose; or
        (3) disposal of such tract will serve important public 
    objectives, including but not limited to, expansion of communities 
    and economic development, which cannot be achieved prudently or 
    feasibly on land other than public land and which outweigh other 
    public objectives and values, including, but not limited to, 
    recreation and scenic values, which would be served by maintaining 
    such tract in Federal ownership.

(b) Conveyance of land of agricultural value and desert in character

    Where the Secretary determines that land to be conveyed under clause 
(3) of subsection (a) of this section is of agricultural value and is 
desert in character, such land shall be conveyed either under the sale 
authority of this section or in accordance with other existing law.

(c) Congressional approval procedures applicable to tracts in excess of 
        two thousand five hundred acres

    Where a tract of the public lands in excess of two thousand five 
hundred acres has been designated for sale, such sale may be made only 
after the end of the ninety days (not counting days on which the House 
of Representatives or the Senate has adjourned for more than three 
consecutive days) beginning on the day the Secretary has submitted 
notice of such designation to the Senate and the House of 
Representatives, and then only if the Congress has not adopted a 
concurrent resolution stating that such House does not approve of such 
designation. If the committee to which a resolution has been referred 
during the said ninety day period, has not reported it at the end of 
thirty calendar days after its referral, it shall be in order to either 
discharge the committee from further consideration of such resolution or 
to discharge the committee from consideration of any other resolution 
with respect to the designation. A motion to discharge may be made only 
by an individual favoring the resolution, shall be highly privileged 
(except that it may not be made after the committee has reported such a 
resolution), and debate thereon shall be limited to not more than one 
hour, to be divided equally between those favoring and those opposing 
the resolution. An amendment to the motion shall not be in order, and it 
shall not be in order to move to reconsider the vote by which the motion 
was agreed to or disagreed to. If the motion to discharge is agreed to 
or disagreed to, the motion may not be made with respect to any other 
resolution with respect to the same designation. When the committee has 
reprinted, or has been discharged from further consideration of a 
resolution, it shall at any time thereafter be in order (even though a 
previous motion to the same effect has been disagreed to) to move to 
proceed to the consideration of the resolution. The motion shall be 
highly privileged and shall not be debatable. An amendment to the motion 
shall not be in order, and it shall not be in order to move to 
reconsider the vote by which the motion was agreed to or disagreed to.

(d) Sale price

    Sales of public lands shall be made at a price not less than their 
fair market value as determined by the Secretary.

(e) Maximum size of tracts

    The Secretary shall determine and establish the size of tracts of 
public lands to be sold on the basis of the land use capabilities and 
development requirements of the lands; and, where any such tract which 
is judged by the Secretary to be chiefly valuable for agriculture is 
sold, its size shall be no larger than necessary to support a family-
sized farm.

(f) Competitive bidding requirements

    Sales of public lands under this section shall be conducted under 
competitive bidding procedures to be established by the Secretary. 
However, where the Secretary determines it necessary and proper in order 
(1) to assure equitable distribution among purchasers of lands, or (2) 
to recognize equitable considerations or public policies, including but 
not limited to, a preference to users, he may sell those lands with 
modified competitive bidding or without competitive bidding. In 
recognizing public policies, the Secretary shall give consideration to 
the following potential purchasers:
        (1) the State in which the land is located;
        (2) the local government entities in such State which are in the 
    vicinity of the land;
        (3) adjoining landowners;
        (4) individuals; and
        (5) any other person.

(g) Acceptance or rejection of offers to purchase

    The Secretary shall accept or reject, in writing, any offer to 
purchase made through competitive bidding at his invitation no later 
than thirty days after the receipt of such offer or, in the case of a 
tract in excess of two thousand five hundred acres, at the end of thirty 
days after the end of the ninety-day period provided in subsection (c) 
of this section, whichever is later, unless the offeror waives his right 
to a decision within such thirty-day period. Prior to the expiration of 
such periods the Secretary may refuse to accept any offer or may 
withdraw any land or interest in land from sale under this section when 
he determines that consummation of the sale would not be consistent with 
this Act or other applicable law.

(Pub. L. 94-579, title II, Sec. 203, Oct. 21, 1976, 90 Stat. 2750.)

                       References in Text

    This Act, referred to in subsecs. (a) and (g), is Pub. L. 94-579, 
Oct. 21, 1976, 90 Stat. 2743, as amended, known as the Federal Land 
Policy and Management Act of 1976. For complete classification of this 
Act to the Code, see Tables.

                  Section Referred to in Other Sections

    This section is referred to in title 16 section 1248.
