Federal Land Ownership:
Current Acquisition and Disposal Authorities
Carol Hardy Vincent
Specialist in Natural Resources Policy
Laura B. Comay
Analyst in Natural Resources Policy
M. Lynne Corn
Specialist in Natural Resources Policy
Katie Hoover
Analyst in Natural Resources Policy
December 13, 2012
Congressional Research Service
7-5700
www.crs.gov
RL34273
CRS Report for Congress
Pr
epared for Members and Committees of Congress
Federal Land Ownership: Current Acquisition and Disposal Authorities
Summary
The federal government owns roughly 635 million acres, heavily concentrated in 12 western
states. Four agencies—the National Park Service (NPS), Fish and Wildlife Service (FWS), and
Bureau of Land Management (BLM), in the Department of the Interior, and the U.S. Forest
Service (FS) in the Department of Agriculture—administer about 95% of those lands.
The extent to which these four federal agencies have authority to acquire and dispose of land
varies considerably. The BLM has relatively broad authority for both acquisitions and disposals
under the Federal Land Policy and Management Act of 1976. The agency has other authorities for
disposing of land, including a law that allows transfers to governmental units and other entities
for public purposes. By contrast, the NPS has no general authority to acquire land to create new
park units or to dispose of park lands. The FS authority to acquire lands is mostly limited to lands
within or contiguous to the boundaries of a national forest. The agency has various authorities to
dispose of land, but they are relatively constrained and infrequently used. The FWS has various
authorities to acquire lands, but no general authority to dispose of its lands. The agency
frequently uses acquisition authority under the Migratory Bird Treaty Act of 1929, because of the
availability of funding through the Migratory Bird Conservation Fund.
Congress also enacts legislation authorizing and governing the acquisition or disposal of
particular lands. In some cases this is to provide authority where no standing authority exists,
while in other cases it is to direct or facilitate land transactions.
The nature of the acquisition and disposal authorities of the four federal agencies also varies. In
general, the acquisition authorities are designed to allow the four agencies to bring into federal
ownership lands that many contend could benefit from federal management. Disposal authorities
generally are designed to allow agencies to convey land that is no longer needed for a federal
purpose or that might be chiefly valuable for another purpose. Some of the authorities specify
particular circumstances where they can be used, such as the conveyance of FS land for
educational purposes.
Congress often faces questions on the adequacy of existing acquisition and disposal authorities;
the nature, extent, and location of their use; and the extent of federal land ownership overall. The
current acquisition and disposal authorities form the backdrop for consideration of measures to
establish, modify, or eliminate authorities, or to provide for the acquisition or disposal of
particular lands. Congress also addresses acquisition and disposal policy in the context of debates
on the role and goals of the federal government in owning and managing land generally, and has
considered broader measures to dispose of lands or to promote acquisition.
Other issues for Congress pertain to the sources and adequacy of funds for land acquisition. The
Land and Water Conservation Fund (LWCF) is the primary source of funding for land acquisition.
The FWS also has the Migratory Bird Conservation Fund, an account with mandatory spending
authorities supported by revenue from three sources. The BLM has authority allowing the
proceeds from certain land sales to be used for acquisition and other purposes, although a more
general authority of this nature has expired. Congress has considered legislation to increase
LWCF funding and make it permanent, as well as to decrease federal land holdings to direct
funding from land acquisition to facility maintenance.
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Federal Land Ownership: Current Acquisition and Disposal Authorities
Contents
Current Federal Land Acquisition Authorities ................................................................................. 3
National Park Service ................................................................................................................ 3
U.S. Forest Service .................................................................................................................... 4
Fish and Wildlife Service .......................................................................................................... 5
Bureau of Land Management .................................................................................................... 6
Current Federal Land Disposal Authorities ..................................................................................... 6
National Park Service ................................................................................................................ 6
Fish and Wildlife Service .......................................................................................................... 7
U.S. Forest Service .................................................................................................................... 7
Bureau of Land Management .................................................................................................... 8
Contacts
Author Contact Information........................................................................................................... 11
Acknowledgments ......................................................................................................................... 11
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Federal Land Ownership: Current Acquisition and Disposal Authorities
he federal government owns roughly 635 million acres, more than a quarter of the land in
the United States.1 These lands are heavily concentrated in 12 western states (including
TAlaska, but not Hawaii), where the federal government owns more than half of the overall
land area. Four federal agencies—the National Park Service (NPS), U.S. Fish and Wildlife
Service (FWS), and Bureau of Land Management (BLM), all in the Department of the Interior
(DOI), and the U.S. Forest Service (FS) in the Department of Agriculture—administer about 95%
of those lands.2
This report describes the primary authorities of these agencies for acquiring and disposing of
land. The various acquisition and disposal authorities were provided by Congress through various
laws enacted over more than a century. The extent to which the agencies have authority to acquire
and dispose of land, and the nature of the authorities, vary considerably. Some of the agencies
have relatively broad authority to acquire and/or dispose of land. Most notably, the BLM has
relatively broad authority for both acquisitions and disposals. By contrast, the NPS has no general
authority to acquire land to create new park units or to dispose of park lands. The extent of the
acquisition and disposal authorities for the FS and the FWS are not nearly as broad as the BLM’s
but not nearly as restrictive as the NPS’s. The FS authority to acquire lands is mostly limited to
lands within or contiguous to the boundaries of a national forest. The agency has various
authorities to dispose of land, but they are relatively constrained and infrequently used. The FWS
has various authorities to acquire lands, but no general authority to dispose of its lands.
The acquisition authorities differ as to the circumstances where they apply, and the disposal
authorities likewise differ as to their purposes. Thus, the particular authority at issue should be
consulted where a specific acquisition or disposal is contemplated. In general, the acquisition
authorities are designed to allow federal agencies to acquire lands that could be viewed as
benefitting from federal management. Among other circumstances, acquisition might be
authorized to bring inholdings or lands adjacent to federal lands into federal ownership, to
improve or simplify management of federal lands. Acquisitions also might be authorized to
conserve species, protect natural and cultural resources, and increase opportunities for recreation.
The disposal authorities generally are designed to allow federal agencies to dispose of land that is
no longer required for a federal purpose, might be inefficient to manage, or might be chiefly
valuable for another purpose. For instance, disposal might be authorized to allow lands to be used
for agriculture, community development, mineral extraction, or educational purposes.
Agencies also acquire and dispose of federal land in exchanges. Exchanges are not discussed
separately in this report, as often the authorities to acquire and dispose of lands also apply to land
exchange. However, there are provisions of law particularly applicable to exchanges. The
exchange authorities for the NPS and the FWS are relatively narrow. The Federal Land Policy
and Management Act of 1976 (FLPMA; 43 U.S.C. §§ 1701-1781) provides broader exchange
authority, and is the main authority governing exchanges by the BLM and the FS.
Congress often faces questions on the adequacy of existing acquisition and disposal authorities;
the nature, extent, and location of their use; the extent of federal land ownership overall; and the
sources and adequacy of land acquisition funds, among other issues. The adequacy of the
1 The total federal land in the United States is not definitively known, and this figure is a rough estimate based on
several government sources.
2 For information on the extent of federal land ownership by these four federal agencies, as well as by the Department
of Defense, see CRS Report R42346, Federal Land Ownership: Overview and Data, by Carol Hardy Vincent, Laura A.
Hanson, and Marc R. Rosenblum.
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acquisition and disposal authorities, and the extent and circumstances of their use by the agencies,
forms the backdrop for congressional consideration of measures to establish, modify, or eliminate
the use of authorities. With regard to establishment of new authorities, for instance, the 106th
Congress enacted legislation to allow the Secretary of Agriculture to dispose of National Forest
System lands for educational purposes (Title II of P.L. 106-577). Proposals to modify authorities
include 112th Congress measures to reauthorize and amend expired BLM authority to sell or
exchange land under the Federal Land Transaction Facilitation Act. Among the provisions to
eliminate the use of authorities are those to prevent the disposal of federal land under the General
Mining Law of 1872, which have been contained in annual Interior appropriations laws since
FY1995.
In addition, Congress frequently considers legislation authorizing and governing the acquisition
or disposal of specific parcels. The 111th Congress, for instance, enacted varied BLM and FS land
conveyances and exchanges in the Omnibus Public Land Management Act of 2009 (P.L. 111-11).
Congress may consider such legislation to provide an agency with acquisition or disposal
authority in a particular instance because it is lacking. In other cases, Congress directs a particular
acquisition or disposal to facilitate the action. For instance, the legislation may seek to direct an
acquisition based on Congress’s assessment of public needs and priorities. It may expedite the
process for acquiring a parcel of land, such as by limiting the assessments and evaluations that
would ordinarily be required under law. The legislation also might authorize actions not
ordinarily permitted, such as the conveyance of land at reduced or no cost rather than at fair
market value.
Congress also addresses acquisition and disposal policy in the context of deliberations on the role
and goals of the federal government in owning and managing land generally. The overall amount
of land in federal ownership remains controversial. Many westerners contend that there is
excessive federal influence over their lives and economies, and that the federal government
should divest itself of many lands. Others support the policy of retaining lands in federal
ownership on behalf of the public, and sometimes advocate adding more lands to enhance
protection.3 Recent Congresses considered diverse bills pertaining to the extent of federal land
ownership. They include 112th Congress measures to require disposal of BLM lands identified for
disposal in land use plans and to grant to each state 5% of the federally owned land in a state in
lieu of certain payments from federal land sales.
Another set of issues pertains to the sources and adequacy of funds for land acquisition. The
principal financing mechanism for federal land acquisition is annual appropriations under the
Land and Water Conservation Fund (LWCF).4 LWCF is credited with $900 million annually from
designated sources. Congress determines the level of appropriations each year. Total
appropriations for land acquisition and the amount provided to each of the federal land
management agencies have varied substantially since the origin of the program in 1965. In the
112th Congress, some land acquisition and resource protection advocates proposed permanent
appropriations at the authorized level to provide stable and predictable funding, or directing
additional funds to the LWCF to promote a strong federal role in acquiring and managing
3 For information on the history of federal land disposal and retention, including state, administrative, and
congressional actions and policies, see CRS Report RL34267, Federal Land Ownership: Constitutional Authority and
the History of Acquisition, Disposal, and Retention, by Kristina Alexander.
4 For information on the structure, operation, and funding of the LWCF, see CRS Report RL33531, Land and Water
Conservation Fund: Overview, Funding History, and Issues, by Carol Hardy Vincent.
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sensitive resources. By contrast, others sought reduced levels of funds for LWCF due to concerns
about the extent of federal land ownership, possible impacts of ownership on private property,
and use of funds for acquisition instead of maintenance of lands and facilities already in federal
ownership.
Additional sources of funding are available for some agencies or under certain authorities. The
FWS has an additional source of funds for land acquisition through the Migratory Bird
Conservation Fund, as discussed below. The BLM has authority to keep the proceeds of certain
land sales (primarily in Nevada) and use them for subsequent acquisitions and other purposes; a
similar, more general authority—under the Federal Land Transaction Facilitation Act—has
expired, as detailed below. The application of these authorities, including the uses of the
proceeds, has been the subject of congressional debate.
Current Federal Land Acquisition Authorities
As noted above, Congress sometimes enacts legislation authorizing and governing specific land
acquisitions. In addition, the four federal land management agencies have different standing
authorities for acquiring lands. In general, all four agencies are authorized to accept land as gifts
and bequests. In addition, each is generally authorized to use eminent domain—taking private
property, through condemnation, for public use—while compensating the landowner. However,
this practice is controversial, and it is rarely used by the land management agencies.
The primary land acquisition authorities are described below for each of the four federal land
management agencies. In general, the agencies are presented in the order of the breadth of their
authorities, with the NPS (the narrowest authorities) first and the BLM (the broadest authorities)
last.
National Park Service
The NPS does not have general authority to acquire lands for new units of the National Park
System or to acquire “inholdings” within the boundaries of existing park units. Rather, most units
have been created by Congress, and the law creating a park unit typically includes specific
authority for the NPS to acquire the nonfederal lands within the identified boundaries of that
park.5 The President also may establish one type of unit—national monuments.
The Secretary of the Interior is authorized to make minor boundary adjustments of park units for
“proper preservation, protection, interpretation, or management” and to acquire the nonfederal
lands within the adjusted boundary, under specified provisions and conditions.6 The Secretary
also is authorized to acquire lands adjacent to the boundaries of park units under certain
conditions (16 U.S.C. § 460l-9(c)).7
5 See CRS Report RS20158, National Park System: Establishing New Units, by Carol Hardy Vincent. Congress often
first enacts a law requiring the NPS to evaluate an area for possible addition to the system.
6 Among other conditions (16 U.S.C. § 460l-9(c)), the sum total of the area added to and removed from the unit must be
less than 200 acres, and it may not exceed 5% of the total federal acreage authorized for inclusion in the unit. Also, the
NPS must receive written consent from affected property owners.
7 These conditions include, among others, that the Secretary may not dispose of National Park System properties in
(continued...)
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The President has authority to create national monuments on federal lands under the Antiquities
Act of 1906 (16 U.S.C. §§ 431, et seq.). In total, 132 monuments have been created by
presidential proclamation. Most are managed by the NPS, but some are managed by the BLM and
other agencies. Since 1995, proclamations creating national monuments with nonfederal land
within the boundaries typically have specified that the nonfederal lands will become part of the
monument upon acquisition by the United States, but only from willing sellers.8
Under law, the Secretary of the Interior and the NPS have responsibilities related to the potential
acquisition of lands for the National Park System. Among other requirements, the Secretary is
directed “to investigate, study, and continually monitor the welfare of” areas that could
potentially be added to the System, and to report to Congress on possible additions (16 U.S.C. §
1a-5). Furthermore, the general management plan for each unit is to include potential changes to
the boundaries of the unit and the reasons for such changes (16 U.S.C. § 1a-7). The Secretary also
is to conduct a “systematic and comprehensive review of certain aspects of the National Park
System” and submit a related report to Congress at least every three years (16 U.S.C. § 1a-9) that
includes a list of all authorized but unacquired lands within the boundaries of park units (16
U.S.C. § 1a-11(a)) and a priority listing of these unacquired parcels (16 U.S.C. § 1a-11(b)).
U.S. Forest Service
The Secretary of Agriculture has various authorities to acquire lands for the National Forest
System (NFS). Often, the acquisitions are restricted to lands within or contiguous to the
proclaimed exterior boundaries of a national forest. Many national forests contain substantial
acreages of nonfederal lands within their proclaimed boundaries, particularly in the East, where
forests were established after extensive settlement. National forests in the Eastern and Southern
Regions average about 46% nonfederal land within their boundaries, while Western national
forests average about 10% nonfederal land within their boundaries.9 The FS has no regulatory
authority over the uses of nonfederal lands within the boundaries of the national forests.
The first national forests were created by presidential proclamation, but the President’s authority
to proclaim new forests and modify previous proclamations was restricted in 1907 and terminated
in 1976. Today, new national forests can be created only by an act of Congress, and national
forest boundaries can be modified only by an act of Congress.
The first and broadest FS land acquisition authority was provided in the Weeks Law of 1911 (16
U.S.C. § 515):
The Secretary is hereby authorized and directed to examine, locate, and purchase such forested,
cut-over, or denuded lands within the watersheds of navigable streams as in his judgment may be
necessary to the regulation of the flow of navigable streams or for the production of timber.
(...continued)
order to acquire lands by exchange, and that property may not be acquired without the consent of the owner.
8 For more information on the President’s authority to establish national monuments under the Antiquities Act of 1906,
and on related issues for Congress, see CRS Report R41330, National Monuments and the Antiquities Act, by Carol
Hardy Vincent and Kristina Alexander.
9 U.S. Forest Service, Land Areas of the National Forest System as of September 30, 2012, FS-383, January 2013, p. 1,
on the FS website at http://www.fes.fed.us/land/staff/lar.
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Originally, the acquisitions were to be approved by a National Forest Reservation Commission.
The Commission was terminated in §17 of the National Forest Management Act of 1976 (16
U.S.C. §§ 513-518).
Other laws authorize land acquisition for the national forests, typically in specific areas or for
specific purposes. For example, § 205 of FLPMA authorizes the acquisition of access corridors to
national forests across nonfederal lands (43 U.S.C. § 1715(a)). Another example is the Act of
August 3, 1956 (7 U.S.C. § 428(a)), which authorizes the Forest Service to acquire lands without
any geographical limitations but does require a provision be made in a specific appropriation or
other law.10
Fish and Wildlife Service
Lands may be added to the National Wildlife Refuge System (NWRS) in a number of ways. A
principal FWS land acquisition authority is the Migratory Bird Treaty Act of 1929 (MBTA; 16
U.S.C. §§ 703, et seq.). This act authorizes the Secretary of the Interior to recommend areas
“necessary for the conservation of migratory birds” to the Migratory Bird Conservation
Commission, after consulting with the relevant governor (or state agency) and appropriate local
government officials (16 U.S.C. § 715c). In addition, the state in which the purchase is located
must have consented to the acquisition by law (16 U.S.C. §§ 715f and 715k-5). The Secretary
may then purchase or rent areas approved by the Commission (16 U.S.C. § 715d(1)), and acquire
any area or interest therein (16 U.S.C. § 715d(2)).
The MBTA is a frequently-used authority, because of the availability of funding through the
Migratory Bird Conservation Fund (MBCF). The MBCF is supported from three sources: the sale
of hunting and conservation stamps (commonly known as duck stamps); import duties on arms
and ammunition; and a portion of certain refuge entrance fees. MBCF funds are permanently
appropriated to the extent of receipts, and after paying certain administrative costs may be used
for the “location, ascertainment, and acquisition of suitable areas for migratory bird refuges ...”
(16 U.S.C. § 718d(b)). The predictability of funding and permanent authority for use makes the
MBCF, and thus the MBTA, particularly important for FWS land acquisition and unique among
the four agencies.
Other laws provide general authority to expand the NWRS, including the Fish and Wildlife
Coordination Act of 1934 (16 U.S.C. §§ 661-667a), the Fish and Wildlife Act of 1956 (16 U.S.C.
§§ 742a, et seq.), and the Endangered Species Act of 1973 (16 U.S.C. §§ 1531-1544). Further,
FLPMA authorizes the Secretary of the Interior to withdraw lands from the public domain for
creating or adding to refuges (which would be an interagency transfer), although withdrawals
exceeding 5,000 acres are subject to congressional approval (43 U.S.C. § 1714(c)).11 In contrast
to NPS and FS land acquisition, where the lands generally must be within the boundaries of
10 Previously, the 1937 Bankhead-Jones Farm Tenant Act (7 U.S.C. §§ 1010-1012) authorized the Secretary of
Agriculture to establish “a program of land conservation and land utilization” for acquiring marginal lands not suited
for agriculture. Under this program, the FS acquired and established 20 national grasslands and 8 land utilization
projects that account for 2% of the NFS; in addition, millions of acres acquired under this authority have been
transferred to the BLM. The authority to acquire lands was repealed in 1962.
11 These procedures result in termination of executive actions other than by legislation, which may be unconstitutional
in light of Immigration and Naturalization Service (INS) v. Chadha, 462 U.S. 919 (1983).
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established units, the FWS can acquire new lands to create a new refuge or to expand an existing
one under the general FWS authorities cited above, as well as under certain other laws.
Some units have been created by specific acts of Congress, such as Protection Island NWR (WA)
and Bayou Sauvage NWR (LA). Units also can be created by executive order; for example, the
Midway Atoll NWR was created by President Clinton in Executive Order 13022.12
Bureau of Land Management
The BLM has broad, general authority to acquire lands, principally under § 205 of FLPMA.
Specifically, the Secretary of the Interior is authorized to acquire, by purchase, exchange,
donation, or eminent domain, lands or interests therein (43 U.S.C. § 1715(a)). An interest in land
is something less than full ownership, and could include conservation easements, access
easements, mineral rights, and water rights. The BLM acquires land or interests in land, including
inholdings (nonfederal lands surrounded by the agency’s lands), for a variety of reasons. These
include to protect natural and cultural resources, to increase opportunities for public access and
recreation, and to improve management of lands.13
Current Federal Land Disposal Authorities
As noted above, Congress sometimes enacts laws directing the disposal of particular lands. In
addition, the four federal land management agencies have different standing authorities for
disposing lands. There is no broad authority covering all four agencies. The specific disposal
authorities are discussed below for each of the four agencies in the order of their apparent
breadth, with the NPS (the narrowest authorities) first and the BLM (the broadest authorities) last.
Note that the FWS and the FS are in reverse order from the acquisition authorities, since the FWS
has broader acquisition authorities, while the FS has broader disposal authorities.
National Park Service
The NPS does not have general authority to dispose of National Park System lands. Units and
lands of the Park System that were established by acts of Congress can only be disposed of by
acts of Congress. Preservation of park units is a management goal and provisions of law limit the
power of the Secretary of the Interior to dispose of land in changing park boundaries. Although
the Secretary can, under specified conditions, make boundary changes that add and remove land
within the boundary, minor boundary revisions solely to remove NPS acreage can only be made
by Congress. Also, the Secretary can acquire by exchange lands that are adjacent to a boundary
revision, but the Secretary cannot dispose of NPS land to do so (16 U.S.C. § 460l-9(c)).
12 61 Fed. Reg. 56875 (Oct. 31, 1996).
13 In addition, several geographic-specific authorities provide for acquisition of lands from proceeds of land sales. For
instance, the Southern Nevada Public Land Management Act (P.L. 105-263) provides for the disposal, by sale or
exchange, of certain lands in Nevada. The proceeds are to be used to acquire environmentally sensitive lands in
Nevada, among other purposes. An expired authority had allowed the Secretary of the Interior and the Secretary of
Agriculture to acquire nonfederal lands with funds from the disposal of certain BLM lands. A description of these laws
is provided below in the discussion of BLM’s disposal authorities.
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Presidents have modified the boundaries of national monuments established by previous
presidential proclamations, in some cases reducing the size of the monument. However, no
president has terminated a monument established by proclamation.14
Fish and Wildlife Service
The FWS does not have general authority to dispose of its lands. With certain exceptions, wildlife
refuge lands administered by the FWS can be disposed only by an act of Congress (16 U.S.C. §§
668dd(a)(5) and (6)). For refuge lands reserved from the public domain, FLPMA prohibits the
Secretary of the Interior from modifying or revoking any withdrawal which added lands to the
National Wildlife Refuge System (43 U.S.C. § 1714(j)). For acquired lands, disposal is allowed
only if: (1) the disposal is part of an authorized land exchange (16 U.S.C. §§ 668dd(a)(6) and
(b)(3)); or (2) the Secretary determines the lands are no longer needed and the Migratory Bird
Conservation Commission approves the disposal (16 U.S.C. § 668dd(a)(5)). In the latter case, the
disposal must recover the acquisition cost or be at the fair market value (whichever is higher), and
the receipts are deposited in the Migratory Bird Conservation Fund.
U.S. Forest Service
The Secretary of Agriculture has numerous authorities to dispose of National Forest System
lands. Many of the authorities put constraints on land disposal, such as applying only to a specific
geographical area or the disposal of particular administrative properties or facilities.15 The oldest
authority dates back to 1897 and allowed the President:
to revoke, modify, or suspend any and all Executive orders and proclamations or any part thereof
issued under section 471 of this title [which had authorized the President to create forest
reserves], from time to time as he shall deem best for the public interests. By such modification
he may reduce the area or change the boundary lines or may vacate altogether any order creating
a national forest. (16 U.S.C. § 473)
The 1897 Act also provided for the return of lands better suited for agriculture or mining to the
public domain. These provisions have not been repealed, but in 1976, § 9 of the National Forest
Management Act prohibited returning any reserved or withdrawn land to the public domain,
except by an act of Congress (16 U.S.C. § 1609).
The 1911 Weeks Law also authorizes the disposal of specific NFS lands. NFS lands which are
“chiefly valuable for agriculture” but were acquired (inadvertently or otherwise), may be
disposed of if agricultural use will not injure the forests or streamflows and the lands are not
needed for public purposes (16 U.S.C. § 519).
The Bankhead-Jones Farm Tenant Act of 1937 (7 U.S.C. §§ 1010-1012) authorizes the disposal of
lands acquired under its authority “under such terms and conditions as [the Secretary of
Agriculture] deems will best accomplish the purposes of this” title, but “only to public authorities
14 For information on the authority of the President to reduce or eliminate national monuments, see CRS Report
RS20647, Authority of a President to Modify or Eliminate a National Monument, by Pamela Baldwin.
15 For example, the Forest Service Facility Realignment and Enhancement Act of 2005 (16 U.S.C. § 580(d)) authorizes
the disposal of administrative sites and related facilities. Various authorities also allow for the sale of specific
properties within a specific state or national forest.
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and agencies and only on condition that the property is used for public purposes” (7 U.S.C. §
1011(c)). However, the FS has adopted regulations stating that the Bankhead-Jones lands
comprising the national grasslands will be held permanently (36 C.F.R. § 213).
The 1958 Townsites Act authorizes the Secretary to transfer up to 640 acres of NFS land adjacent
to communities in Alaska or the 11 western states for townsites, if the “indigenous community
objectives ... outweigh the public objectives and values which would be served by maintaining
such tract in Federal ownership” (16 U.S.C. § 478a). There is to be a public notice of the
application for such transfer, and upon a “satisfactory showing of need,” the Secretary may offer
the land to a local governmental entity at “not less than the fair market value.”
The 1983 Small Tracts Act authorizes the Secretary to dispose of NFS land, by sale or exchange,
if it is valued at no more than $150,000 and meets one of three conditions (16 U.S.C. § 521e):
• parcels of 40 acres or less interspersed with or adjacent to lands transferred out of
federal ownership under the mining laws and which are inefficient to administer
because of their size or location;
• parcels of 10 acres or less encroached upon by improvements based in good faith
upon an erroneous survey or other land description; or
• road rights-of-way substantially surrounded by nonfederal land and not needed
by the federal government, subject to the right of first refusal for adjoining
landowners.
The land can be disposed of for cash, lands, interests in land, or any combination thereof for the
value of the land being disposed (16 U.S.C. § 521d) plus “all reasonable costs of administration,
survey, and appraisal incidental to such conveyance” (16 U.S.C. § 521f).
Finally, the Education Land Grant Act (16 U.S.C. § 479a) authorizes the Secretary to transfer up
to 80 acres of NFS land for a nominal cost upon written application of a public school district. It
provides for reversion of the title to the federal government if the lands are not used for the
educational purposes for which they were acquired.
Bureau of Land Management
The BLM can dispose of land under several authorities. They include (1) exchanges and sales
under FLPMA; (2) transfers to other governmental units for public purposes; (3) patents under the
1872 General Mining Law; and (4) geographically limited sale authorities.16
With regard to exchanges under FLPMA, the exchanges must serve the public interest, and the
federal and nonfederal lands in the exchange must be located in the same state and be of equal
value (with cash equalization payments possible), among other requirements (43 U.S.C. §§ 1715-
16 The Homestead Act and many other authorities for disposing of the public lands were repealed by FLPMA in 1976,
with a 10-year extension in Alaska. The General Services Administration has the authority to dispose of surplus federal
property under the Federal Property and Administrative Services Act of 1949; however, that act generally excludes the
public domain, mineral lands, and lands previously withdrawn or reserved from the public domain (40 U.S.C. §
472(d)(1)).
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1716).17 With regard to sales under FLPMA, the BLM is authorized to sell certain tracts of public
land that meet specific criteria (43 U.S.C. § 1713(a)):
(a) 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 characteristic 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.
The size of the tracts for sale is determined by “the land use capabilities and development
requirements.” Proposals to sell tracts of more than 2,500 acres must first be submitted to
Congress, and can be disapproved by Congress.18 Lands may not be sold at less than their fair
market value. They generally must be sold through competitive bidding, although modified
competition and non-competitive sales are allowed.19
The Recreation and Public Purposes Act (43 U.S.C. § 869) authorizes the Secretary, upon
application by a qualified applicant, to
dispose of any public lands to a State, Territory, county, municipality, or other State, Territorial,
or Federal instrumentality or political subdivision for any public purposes, or to a nonprofit
corporation or nonprofit association for any recreational or any public purpose consistent with its
articles of incorporation or other creating authority.
The act specifies conditions, qualifications, and acreage limitations for transfer, and provides for
restoring the lands to the public domain if conditions are not met. The sale price of the land
depends on the type of entity that will receive it, for instance, whether a state government or a
non-profit organization. The sale price also depends on the intended use of the land, with some
sales made at no cost.
While lands can be disposed of through patents under the General Mining Law of 1872, since
FY1995 Congress has enacted a series of annual moratoria on issuing mineral patents. These
moratoria, contained in the annual Interior appropriations laws, have effectively prevented this
17 For information on BLM land exchanges, see CRS Report R41509, Land Exchanges: Bureau of Land Management
Process and Issues, by Carol Hardy Vincent.
18 This and certain other provisions of FLPMA may be unconstitutional under INS v. Chadha, 462 U.S. 919 (1983).
19 Desert lands also can be disposed under other laws. The Carey Act (43 U.S.C. § 641) authorizes transfers to a state,
upon application and meeting certain requirements, while the Desert Entry Land Act (43 U.S.C. § 321) allows citizens
to reclaim and patent 320 acres of desert public land. These provisions are seldom used, however, because the lands
must be classified as available and sufficient water rights for settling on the land must be obtained.
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Federal Land Ownership: Current Acquisition and Disposal Authorities
means of federal land disposal.20 Specifically, the Mining Law allows access to hardrock minerals
on federal lands that have not been withdrawn from entry. Minerals within a valid mining claim
can be developed without obtaining full title to the land. However, with evidence of valuable
minerals and sufficient developmental effort, the Mining Law allows mining claims to be
patented, with full title transferred to the claimant upon payment of the appropriate fee—$5.00
per acre for vein or lode claims (30 U.S.C. § 29) or $2.50 for placer claims (30 U.S.C. § 37), plus
various filing fees. Non-mineral lands used for associated milling or other processing operations
can also be patented (30 U.S.C. § 42). Patented lands may be used for purposes other than
mineral development.
The BLM also has several geographically limited land sale authorities. The program with the
largest revenue stream has been the Southern Nevada Public Land Management Act, which
allows the Secretary of the Interior to sell or exchange certain lands around Las Vegas. The BLM
and the local government unit jointly decide on the lands to be offered for sale or exchange. In
general, 85% of the proceeds are deposited into a special account, and are available to the
Secretary of the Interior for land acquisition in Nevada and other purposes in the state, such as
certain capital improvements; Lake Tahoe restoration; and development of parks, trails, and
natural areas. The Secretary has approved of acquisitions for each of the federal land managing
agencies. The other 15% of the proceeds are for certain state or local purposes, specifically the
State of Nevada General Education Fund (5%) and the Southern Nevada Water Authority (10%).
Other provisions of law similarly provide for BLM land sales in particular areas (mostly in
Nevada), with specific allocations of the proceeds. Further, the BLM continues to dispose of land
in Alaska as required by law, such as through transfers to the state of Alaska and to Alaska native
corporations.
Another disposal authority expired on July 25, 2011.21 Specifically, the Federal Land Transaction
Facilitation Act had provided for the sale or exchange of BLM lands identified for disposal under
the BLM land use plans in effect at the date of enactment (July 25, 2000). The act created a
separate Treasury account for most of the proceeds (96%) from the sale or exchange, and
provided for the use of those funds by the Secretary of the Interior and the Secretary of
Agriculture. The Secretaries could acquire nonfederal lands, specifically inholdings and lands
adjacent to federal lands that contain exceptional resources. Up to 20% of the funds in the
account could be used for administrative costs, and at least 80% of the funds for acquisition were
to be in the state in which the funds were generated.
20 However, patent applications meeting certain requirements that were filed on or before September 30, 1994, were
allowed to proceed, and third-party contractors were authorized to process the mineral examinations on those
applications.
21 The authority in the law originally expired on July 25, 2010, 10 years after enactment of the Federal Land
Transaction Facilitation Act (P.L. 106-248; 43 U.S.C. §§ 2301, et seq). It was extended for one year, until July 25,
2011, by P.L. 111-212, Sec. 3007(a).
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Federal Land Ownership: Current Acquisition and Disposal Authorities
Author Contact Information
Carol Hardy Vincent
M. Lynne Corn
Specialist in Natural Resources Policy
Specialist in Natural Resources Policy
chvincent@crs.loc.gov, 7-8651
lcorn@crs.loc.gov, 7-7267
Laura B. Comay
Katie Hoover
Analyst in Natural Resources Policy
Analyst in Natural Resources Policy
lcomay@crs.loc.gov, 7-6036
khoover@crs.loc.gov, 7-9008
Acknowledgments
Ross Gorte, retired CRS Specialist in Natural Resources Policy, made important contributions to this
report.
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