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Title 43 — Public Lands

Chapter 41 — Federal Land Transaction Facilitation

§ 2306. Special provisions

Statutory text

(a)

In general

Nothing in this chapter provides an exemption from any limitation on the acquisition of land or interest in land under any Federal law in effect on .

(b)

Other law

This chapter shall not apply to land eligible for sale under—

(1)

Public Law 96–586 (commonly known as the “Santini-Burton Act”) (94 Stat. 3381);

(2)

the Southern Nevada Public Land Management Act of 1998 (Public Law 105–263; 112 Stat. 2343);

(3)

the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3028);

(4)

the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2403);

(5)

subtitle F of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111–11);

(6)

subtitle O of title I of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 460www note, 1132 note; Public Law 111–11);

(7)

section 2601 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1108); or

(8)

section 2606 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1121).

(c)

Exchanges

Nothing in this chapter precludes, preempts, or limits the authority to exchange land under authorities providing for the exchange of Federal lands, including but not limited to—

(1)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or

(2)

the Federal Land Exchange Facilitation Act of 1988 (102 Stat. 1086) or the amendments made by that Act.

(d)

No new right or benefit

Nothing in this chapter 1 creates a right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, its officers, or any other person.

Footnotes

  1. 1 See References in Text note below.

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 § 207 · 114 Stat. 598

    Enacted · 43 U.S.C. § 2306

    Pub. L. 106–248, title II, § 207, July 25, 2000, 114 Stat. 617

    Source evidence

    Code source credit
    Pub. L. 106–248, title II, § 207, July 25, 2000, 114 Stat. 617

    Enacted provision · exact public law section
    SEC. 207. SPECIAL PROVISIONS. (a) In general.— Nothing in this title provides an exemption from any limitation on the acquisition of land or interest in land under any Federal law in effect on the date of enactment of this Act. (b) Other Law.— This title shall not apply to land eligible for sale under— (1) Public Law 96–568 (commonly known as the “Santini-Burton Act”) (94 Stat. 3381); or (2) the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2343). (c) Exchanges.— Nothing in this title precludes, preempts, or limits the authority to exchange land under authorities providing for the exchange of Federal lands, including but not limited to— (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); or (2) the Federal Land Exchange Facilitation Act of 1988 (102 Stat. 1086) or the amendments made by that Act. (d) No New Right or Benefit.— Nothing in this Act creates a right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, its officers, or any other person.

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

    Pub. L. 115–141 § 302(8)(A) · 132 Stat. 348

    Substituted · 43 U.S.C. § 2306(b)(1)

    Pub. L. 115–141, § 302(8)(A), substituted “96–586” for “96–568” and a semicolon for “; or” at end

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 115–141, § 302(8)(A), substituted “96–586” for “96–568” and a semicolon for “; or” at end.

    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(8)(B) · 132 Stat. 348

    1. Inserted · 43 U.S.C. § 2306(b)(2)

      Pub. L. 115–141, § 302(8)(B), inserted “Public Law 105–263;” before “112 Stat.”

    2. Substituted · 43 U.S.C. § 2306(b)(2)

      Pub. L. 115–141, § 302(8)(B), substituted a semicolon for period at end

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 115–141, § 302(8)(B), inserted “Public Law 105–263;” before “112 Stat.” and substituted a semicolon for period at end.

    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(8)(C) · 132 Stat. 348

    Added · 43 U.S.C. § 2306(b)(3)(8)

    Pub. L. 115–141, § 302(8)(C), added pars. (3) to (8)

    Source evidence

    Code amendment note
    Subsec. (b)(3) to (8). Pub. L. 115–141, § 302(8)(C), added pars. (3) to (8).

    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 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

Public Law 96–586 (commonly known as the “Santini-Burton Act”), referred to in subsec. (b)(1), is Pub. L. 96–586, , 94 Stat. 3381. For complete classification of this Act to the Code, see Tables.

The Southern Nevada Public Land Management Act of 1998, referred to in subsec. (b)(2), is Pub. L. 105–263, , 112 Stat. 2343, which amended section 460ccc–1 of Title 16, Conservation, and section 6901 of Title 31, Money and Finance, and enacted provisions set out as a note under section 6901 of Title 31. For complete classification of this Act to the Code, see Short Title of 1998 Amendment note set out under section 6901 of Title 31 and Tables.

The White Pine County Conservation, Recreation, and Development Act of 2006, referred to in subsec. (b)(3), is title III of div. C of Pub. L. 109–432, , 120 Stat. 3028, which enacted provisions set out as notes under sections 1241 and 1244 of Title 16, Conservation, and enacted and amended provisions listed in a table of Wilderness Areas set out under section 1132 of Title 16. For complete classification of this Act to the Code, see Short Title of 2006 Amendment note set out under section 1241 of Title 16 and Tables.

The Lincoln County Conservation, Recreation, and Development Act of 2004, referred to in subsec. (b)(4), is Pub. L. 108–424, , 118 Stat. 2403, which enacted provisions set out as notes under sections 1241 and 1244 of Title 16, Conservation, and provisions listed in a table of Wilderness Areas set out under section 1132 of Title 16 and amended provisions listed in a table of National Wildlife Conservation Areas set out under section 668dd of Title 16. For complete classification of this Act to the Code, see Short Title of 2004 Amendment note set out under section 1241 of Title 16 and Tables.

The Omnibus Public Land Management Act of 2009, referred to in subsec. (b)(5) to (8), is Pub. L. 111–11, , 123 Stat. 991. Subtitle F (§ 1501 et seq.) of title I of the Act enacted provisions listed in a table of Wilderness Areas set out under section 1132 of Title 16, Conservation, and amended section 1274 of Title 16. Subtitle O (§ 1971 et seq.) of title I of the Act enacted section 346a–6 of Title 16, amended sections 460www, 460xxx, and 1274 of Title 16, and enacted provisions set out as notes under sections 460www and 1274 of Title 16 and provisions listed in a table of Wilderness Areas set out under section 1132 of Title 16. Section 2601 of the Act is not classified to the Code. For complete classification of this Act to the Code, see Tables.

The Federal Land Policy and Management Act of 1976, referred to in subsec. (c)(1), is Pub. L. 94–579, , 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.

The Federal Land Exchange Facilitation Act of 1988, referred to in subsec. (c)(2), is Pub. L. 100–409, , 102 Stat. 1086, which enacted section 1723 of this title, amended section 1716 of this title and sections 505a, 505b, and 521b of Title 16, Conservation, and enacted provisions set out as notes under sections 751 and 1716 of this title. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 1701 of this title and Tables.

This chapter, referred to in subsec. (d), was in the original “this Act” and was translated as reading “this title”, meaning title II of Pub. L. 106–248, which enacted this chapter, to reflect the probable intent of Congress.

Amendments

2018—Subsec. (b)(1). Pub. L. 115–141, § 302(8)(A), substituted “96–586” for “96–568” and a semicolon for “; or” at end.

Subsec. (b)(2). Pub. L. 115–141, § 302(8)(B), inserted “Public Law 105–263;” before “112 Stat.” and substituted a semicolon for period at end.

Subsec. (b)(3) to (8). Pub. L. 115–141, § 302(8)(C), added pars. (3) to (8).

Credits

2000–2018 · 2 acts
  1. 2000Pub. L. 106–248, title II, § 207, , 114 Stat. 617
  2. 2018Pub. L. 115–141, div. O, title III, § 302(8), , 132 Stat. 1076.
Show as published

(Pub. L. 106–248, title II, § 207, , 114 Stat. 617; Pub. L. 115–141, div. O, title III, § 302(8), , 132 Stat. 1076.)

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