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Title 43 — Public Lands

Chapter 41 — Federal Land Transaction Facilitation

§ 2302. Definitions

Statutory text

In this chapter:

(1)

Exceptional resource

The term “exceptional resource” means a resource of scientific, natural, historic, cultural, recreational access and use, or other recreational value that has been documented by a Federal, State, or local governmental authority, and for which there is a compelling need for conservation and protection under the jurisdiction of a Federal agency in order to maintain the resource for the benefit of the public.

(2)

Federally designated area

The term “federally designated area” means land in Alaska and the eleven contiguous Western States (as defined in section 1702(o) of this title) that is within the boundary of—

(A)

a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, priority species and habitats designated in a land use plan in accordance with subpart E (entitled “Fish and Wildlife”) of part I of Appendix C of Bureau of Land Management Land Use Planning Handbook H-1601-1 (Rel 1-1693), a special recreation management area, or a national natural landmark managed by the Bureau of Land Management;

(B)

a unit of the National Park System;

(C)

a unit of the National Wildlife Refuge System;

(D)

a National Forest or National Grassland in the National Forest System; or

(E)

an area within which the Secretary or the Secretary of Agriculture is otherwise authorized by law to acquire lands or interests therein that is designated as—

(i)

wilderness under the Wilderness Act (16 U.S.C. 1131 et seq.);

(ii)

a wilderness study area;

(iii)

a component of the Wild and Scenic Rivers System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); or

(iv)

a component of the National Trails System under the National Trails System Act (16 U.S.C. 1241 et seq.).

(3)

Inaccessible lands that are open to public hunting, fishing, recreational shooting, or other recreational purposes

The term “inaccessible lands that are open to public hunting, fishing, recreational shooting, or other recreational purposes” means public lands in Alaska and the eleven contiguous Western States (as defined in section 1702 of this title) consisting of at least 640 contiguous acres on which the public is allowed under Federal or State law to hunt, fish, target shoot or use the land for other recreational purposes but—

(A)

to which there is no public access or egress; or

(B)

to which public access or egress to the land is significantly restricted, as determined by the Secretary.

(4)

Inholding

The term “inholding” means any right, title, or interest, held by a non-Federal entity, in or to a tract of land that lies within the boundary of a federally designated area.

(5)

Public land

The term “public land” means public lands (as defined in section 1702 of this title).

(6)

Secretary

The term “Secretary” means the Secretary of the Interior.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Federal Land Transaction Facilitation Act

    Pub. L. 106–248 title II § 203 · 114 Stat. 598

    Enacted · 43 U.S.C. § 2302

    Pub. L. 106–248, title II, § 203, July 25, 2000, 114 Stat. 614

    Source evidence

    Code source credit
    Pub. L. 106–248, title II, § 203, July 25, 2000, 114 Stat. 614

    Enacted provision · exact public law section
    SEC. 203. DEFINITIONS. In this title: (1) Exceptional resource.— The term “exceptional resource” means a resource of scientific, natural, historic, cultural, or recreational value that has been documented by a Federal, State, or local governmental authority, and for which there is a compelling need for conservation and protection under the jurisdiction of a Federal agency in order to maintain the resource for the benefit of the public. (2) Federally designated area.— The term “federally designated area” means land in Alaska and the eleven contiguous Western States (as defined in section 103(o) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(o))) that on the date of enactment of this Act was within the boundary of— (A) a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, or a national natural landmark managed by the Bureau of Land Management; (B) a unit of the National Park System; (C) a unit of the National Wildlife Refuge System; (D) an area of the National Forest System designated for special management by an Act of Congress; or (E) an area within which the Secretary or the Secretary of Agriculture is otherwise authorized by law to acquire lands or interests therein that is designated as— (i) wilderness under the Wilderness Act (16 U.S.C. 1131 et seq.); (ii) a wilderness study area; (iii) a component of the Wild and Scenic Rivers System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); or (iv) a component of the National Trails System under the National Trails System Act (16 U.S.C. 1241 et seq.). (3) Inholding.— The term “inholding” means any right, title, or interest, held by a non-Federal entity, in or to a tract of land that lies within the boundary of a federally designated area. (4) Public land.— The term “public land” means public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)). (5) Secretary.— The term “Secretary” means the Secretary of the Interior.

  2. Energy and Water Development and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 § 302(1) · 132 Stat. 348

    Substituted · 43 U.S.C. § 2302(1)

    Pub. L. 115–141, § 302(1), substituted “cultural, recreational access and use, or other” for “cultural, or”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 115–141, § 302(1), substituted “cultural, recreational access and use, or other” for “cultural, or”.

    Enacted provision · exact public law section
    Sec. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2018 until the enactment of the Intelligence Authorization Act for fiscal year 2018.

  3. Energy and Water Development and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 § 302(2)(A) · 132 Stat. 348

    Substituted · 43 U.S.C. § 2302(2)

    Pub. L. 115–141, § 302(2)(A), substituted “is within” for “on July 25, 2000, was within” in introductory provisions

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 115–141, § 302(2)(A), substituted “is within” for “on July 25, 2000, was within” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2018 until the enactment of the Intelligence Authorization Act for fiscal year 2018.

  4. Energy and Water Development and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 § 302(2)(B) · 132 Stat. 348

    Amended · 43 U.S.C. § 2302(2)(A)

    Pub. L. 115–141, § 302(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, or a national natural landmark managed by the Bureau of Land Management;”

    Source evidence

    Code amendment note
    Par. (2)(A). Pub. L. 115–141, § 302(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, or a national natural landmark managed by the Bureau of Land Management;”.

    Enacted provision · exact public law section
    Sec. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2018 until the enactment of the Intelligence Authorization Act for fiscal year 2018.

  5. Energy and Water Development and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 § 302(2)(C) · 132 Stat. 348

    Amended · 43 U.S.C. § 2302(2)(D)

    Pub. L. 115–141, § 302(2)(C), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “an area of the National Forest System designated for special management by an Act of Congress; or”

    Source evidence

    Code amendment note
    Par. (2)(D). Pub. L. 115–141, § 302(2)(C), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “an area of the National Forest System designated for special management by an Act of Congress; or”.

    Enacted provision · exact public law section
    Sec. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2018 until the enactment of the Intelligence Authorization Act for fiscal year 2018.

  6. Energy and Water Development and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 § 302(3) · 132 Stat. 348

    1. Added · 43 U.S.C. § 2302(3)(6)

      Pub. L. 115–141, § 302(3), added par. (3)

    2. Redesignated · 43 U.S.C. § 2302(3)(6)

      Pub. L. 115–141, § 302(3), redesignated former pars. (3) to (5) as (4) to (6), respectively

    Source evidence

    Code amendment note
    Pars. (3) to (6). Pub. L. 115–141, § 302(3), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.

    Enacted provision · exact public law section
    Sec. 302. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2018 until the enactment of the Intelligence Authorization Act for fiscal year 2018.

7 of 7 references resolved to an enrolled provision

Editorial Notes

References in Text

The Wilderness Act, referred to in par. (2)(E)(i), is Pub. L. 88–577, , 78 Stat. 890, which is classified generally to chapter 23 (§ 1131 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1131 of Title 16 and Tables.

The Wild and Scenic Rivers Act, referred to in par. (2)(E)(iii), is Pub. L. 90–542, , 82 Stat. 906, which is classified generally to chapter 28 (§ 1271 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1271 of Title 16 and Tables.

The National Trails System Act, referred to in par. (2)(E)(iv), is Pub. L. 90–543, , 82 Stat. 919, which is classified generally to chapter 27 (§ 1241 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1241 of Title 16 and Tables.

Amendments

2018—Par. (1). Pub. L. 115–141, § 302(1), substituted “cultural, recreational access and use, or other” for “cultural, or”.

Par. (2). Pub. L. 115–141, § 302(2)(A), substituted “is within” for “on , was within” in introductory provisions.

Par. (2)(A). Pub. L. 115–141, § 302(2)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a national monument, area of critical environmental concern, national conservation area, national riparian conservation area, national recreation area, national scenic area, research natural area, national outstanding natural area, or a national natural landmark managed by the Bureau of Land Management;”.

Par. (2)(D). Pub. L. 115–141, § 302(2)(C), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “an area of the National Forest System designated for special management by an Act of Congress; or”.

Pars. (3) to (6). Pub. L. 115–141, § 302(3), added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.

Credits

2000–2018 · 2 acts
  1. 2000Pub. L. 106–248, title II, § 203, , 114 Stat. 614
  2. 2018Pub. L. 115–141, div. O, title III, § 302(1)–(3), , 132 Stat. 1074, 1075.
Show as published

(Pub. L. 106–248, title II, § 203, , 114 Stat. 614; Pub. L. 115–141, div. O, title III, § 302(1)–(3), , 132 Stat. 1074, 1075.)

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