43 U.S.C. § 2305 Federal Land Disposal Account

LibraryUnited States Statutes
CurrencyCurrent through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
Citation43 U.S.C. § 2305

(a) Deposit of proceeds

Notwithstanding any other law (except a law that specifically provides for a proportion of the proceeds to be distributed to any trust funds of any States), the gross proceeds of the sale or exchange of public land under this chapter 1 shall be deposited in a separate account in the Treasury of the United States to be known as the "Federal Land Disposal Account".

(b) Availability

Amounts in the Federal Land Disposal Account shall be available to the Secretary and the Secretary of Agriculture, without further Act of appropriation, to carry out this chapter.

(c) Use of the Federal Land Disposal Account

(1) In general

Funds in the Federal Land Disposal Account shall be expended in accordance with this subsection.

(2) Fund allocation

(A) PURCHASE OF LAND.-Except as authorized under subparagraph (C), funds shall be used to purchase lands or interests therein that are otherwise authorized by law to be acquired, and that are-

(i) inholdings;

(ii) adjacent to federally designated areas and contain exceptional resources; or

(iii) adjacent to inaccessible lands open to public hunting, fishing, recreational shooting, or other recreational purposes.

(B) INHOLDINGS.-Not less than 80 percent of the funds allocated for the purchase of land within each State shall be used to acquire inholdings identified under section 2303 of this title.

(C) ADMINISTRATIVE AND OTHER EXPENSES.-An amount not to exceed 20 percent of the funds deposited in the Federal Land Disposal Account may be used by the Secretary for administrative and other expenses necessary to carry out the land disposal program under section 2304 of this title.

(D) SAME STATE PURCHASES.-Of the amounts not used under subparagraph (C), not less than 80 percent shall be expended within the State in which the funds were generated. Any remaining funds may be expended in any other State.

(E) Any funds made available under subparagraph (D) that are not obligated or expended by the end of the fourth full fiscal year after the date of the sale or exchange of land that generated the funds may be expended in any State.

(3) Priority

The Secretary and the Secretary of Agriculture shall develop a procedure for prioritizing the acquisition of inholdings and non-Federal lands with exceptional resources as provided in paragraph (2). Such procedure shall consider-

(A) the date the inholding was established (as provided in section 2303(c) of this title);

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