§ 1722. — Sale of public lands subject to unintentional trespass.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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.
