
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: 43USC1722]

 
                         TITLE 43--PUBLIC LANDS
 
             CHAPTER 35--FEDERAL LAND POLICY AND MANAGEMENT
 
  SUBCHAPTER II--LAND USE PLANNING AND LAND ACQUISITION AND DISPOSITION
 
Sec. 1722. Sale of public lands subject to unintentional 
        trespass
        

(a) Preference right of contiguous landowners; offering price

    Notwithstanding the provisions of the Act of September 26, 1968 (82 
Stat. 870; 43 U.S.C. 1431-1435), hereinafter called the ``1968 Act'', 
with respect to applications under the 1968 Act which were pending 
before the Secretary as of the effective date of this subsection and 
which he approves for sale under the criteria prescribed by the 1968 
Act, he shall give the right of first refusal to those having a 
preference right under section 2 of the 1968 Act [43 U.S.C. 1432]. The 
Secretary shall offer such lands to such preference right holders at 
their fair market value (exclusive of any values added to the land by 
such holders and their predecessors in interest) as determined by the 
Secretary as of September 26, 1973.

(b) Procedures applicable

    Within three years after October 21, 1976, the Secretary shall 
notify the filers of applications subject to paragraph (a) of this 
section whether he will offer them the lands applied for and at what 
price; that is, their fair market value as of September 26, 1973, 
excluding any value added to the lands by the applicants or their 
predecessors in interest. He will also notify the President of the 
Senate and the Speaker of the House of Representatives of the lands 
which he has determined not to sell pursuant to paragraph (a) of this 
section and the reasons therefor. With respect to such lands which the 
Secretary determined not to sell, he shall take no other action to 
convey those lands or interests in them before the end of 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 
date the Secretary has submitted such notice to the Senate and House of 
Representatives. If, during that ninety-day period, the Congress adopts 
a concurrent resolution stating the length of time such suspension of 
action should continue, he shall continue such suspension for the 
specified time period. 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 suspension of action. 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 suspension of action. 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.

(c) Time for processing of applications and sales

    Within five years after October 21, 1976, the Secretary shall 
complete the processing of all applications filed under the 1968 Act and 
hold sales covering all lands which he has determined to sell 
thereunder.

(Pub. L. 94-579, title II, Sec. 214, Oct. 21, 1976, 90 Stat. 2760.)

                       References in Text

    Act of September 26, 1968, referred to in subsec. (a), is Pub. L. 
90-516, Sept. 26, 1968, 82 Stat. 870, which was classified generally to 
subchapter VII [Sec. 1431 et seq.] of chapter 30 of this title, and was 
omitted from the Code pursuant to section 1435 of this title, which 
provided that the authority granted by that subchapter was to expire 
three years from September 26, 1968, with certain exceptions. For 
complete classification of this Act to the Code prior to omission, see 
Tables.
    The effective date of this subsection, referred to in subsec. (a), 
probably means the date of the enactment of such subsection (a) by Pub. 
L. 94-579, which was approved Oct. 21, 1976.
