Recreational and Public Purposes Act

History

100

The Act authorizes the sale or lease of public lands for recreational or public purposes to State and local governments and to qualified non-profit organizations at reduced or no cost.

What is the R&PP Act?

200

A reservation of public lands which have been designated as chiefly valuable for recreational purposes and as suitable for State exchange, recreation entry, or recreational lease pursuant to the act of June 14, 1926 (44 Stat. 741, 43 U.S.C. sec. 869).

What is a Recreational Withdrawal?

300

A city has a golf course and a contractor has come in to manage the Pro Shop.

What is a Non-Prima facie?

400

A withdrawal of public lands which is made pending examination of the lands to determine their suitability for certain purposes and for classification for those purposes.

What is a CLASSIFICATION WITHDRAWAL?

500

A 230 kV electrical transmission line is on a portion of the patent parcel. The case file does not show BLM approved the project.

What is a Non-Prima facie and Third Party Use? WO IM 99-179, WO IM-2011-162

Purchase/Qualified Uses and Users

100

The amount of land an applicant can purchase is set by law.

How much land can be purchased? Applicants should limit the land requested to a reasonable amount. Applicants will be required to first accept a lease, or lease with option to purchase, to assure approved development takes place before a sale is made and a patent (Government deed) is issued.

200

Any land and interest in land owned by the United States within the several States and administered by the Secretary of the Interior through the Bureau of Land Management, without regard to how the United States acquired ownership, except – (a) lands located on the Outer Continental Shelf; and (b) lands held for the benefit of Indians, Aleuts, and Eskimos. Sec. 103(e) 43 U.S.C. 1702. (2) Includes a)the remaining public domain of the United States, b) reservations, other than Indian reservations, created from the public domain, c) lands withdrawn, reserved or withheld from private appropriation and disposal under the public land laws, including the mining laws, d) outstanding interests of the United States in lands which have been patented or otherwise conveyed under the public land laws, e) National Forests, f) wildlife refuges and ranges, and g) the surface and subsurface resources of all such lands.

What is the term, "Public Lands"?

300

Any State, State agency or political subdivision of a state may purchase for recreation purchases up to 6,400 acres annually, and as many small roadside parks and rest sites, up to 10 acres each, as may needed. Any state, state agency or political subdivision of a state may acquire 640 acres annually for each public purpose program other than recreation.

Who can purchase land and what is the amount of land available for an R&PP?

400

A reservation of public lands which have been designated as chiefly valuable for recreational purposes and as suitable for State exchange, recreation entry, or recreational lease pursuant to the act of June 14, 1926 (44 Stat. 741, 43 U.S.C. sec. 869).

What is a Recreational Withdrawal?

500

Flood Control, Public Housing, Municpal Parking lots.

What is Section 302 of FLPMA?

Conditions

100

1. Carey Act 2. Recreation and Public Purposes Act 3. Indian Allotment 4. Desert Land Entry 5. State Indemnity Selections

What is CRIDS?

200

SUBJECT TO: 1. Valid existing rights; 2. Right-of-way for a 24.9 kV distribution line to NV Energy.

What is a Third Party Right?

300

EXCEPTION AND RESERVING TO THE UNITED STATES: 1. A Right-of-way ditches or canals by the authority of the United States pursuant to the Act of August 30, 1890 (43 U.S.C. 945); and 2. All mineral deposits in the land so patented, and to it, or persons authorized by it, the right to prospect for, mine, and remove such deposits from the same under applicable law and regulations to be established by the Secretary of the Interior.

What is a U.S. Reservation?

400

PURSUANT to the requirements established by section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

What is a Hazmat Liability Statement?

500

The land will revert to the US if it is not used in accordance with the terms and conditions of the patent or if the land is devoted to use other than the approved use in the patent or if the patentee gives up control over the land?

What is a reverter? Three types of reverters. 1. No reverter "hazmat" 2. Limited reverter "hazmat" 3. Standard reverter "non-hazmat"

Regulations, Policy

100

43 CFR 2741.4(b) 43 CFR 2741.5(a) 43 U.S.C 869-2(a) (Revert)

What are some of the regulations related to an R&PP application and patent?

200

Solicitor Opinions, IBLA Decisions/Opinions, R&PP Pamphlet, Conditions and covenants in the Lease and/or Patent. BLM Manual 2740-1

What is guidance and policy?

300

Congress allows only certain types of uses on R&PP leased and patented lands.

What is the regulation and policy for uses? BLM H-2740-1, Ch. V B 1(b), (c), 43 CFR 2740.0-6(d)

400

If leases prior to November 9, 1988 for a solid waste disposal or any other purpose (hazmat), BLM may issue a patent with NO reverter. Proceed carefully.

What is 43 CFR 2743.3, 43 CFR 2743.3-1, 73 FR 166, WO IB 2008-111, H-2740-1 Chapter X, D,E.

500

When issuing a R&PP patent for a new landfill a reverter is given.

What is a limited reverter? If a patentee transfers ownership to another party, any portion of the land not used for the purpose(s) specified in the approved plan of development, the patentee shall pay the BLM the fair market value including improvements. No portion of the conveyed land shall revert if it has been used for solid waste disposal. 43 CFR 2743.2-1, H2740-1, Ch X C2

The Cost

100

1. Special - Government Entities. $2.00/acre/year to lease, $10/acre to purchase. 2. Regular - Governmental Entities and Non-Profits. 50% of FMV or 90% if limited or restricted use. 3. Recreation and Historic Monument Purposes - Governmental Entities.

What is pricing schedule and who can qualify for each schedule?

200

The rental charge shall be the appraised fair market rental value of the land less 50%; except that only a 10 percent discount may be applied if the use is to be limited or restricted to present or past members of an organization, license holder, association, sect, service, affiliation, age, religious, ethnic or fraternal group, i.e., not open to all.

What is the Nonprofit Associations, Organizations, Foundations, and Corporations pricing program for leasing?

300

Under this program, lands may be sold at appraised fair market value, less 50 percent; except that only a 10% discount may be applied if use is to limited or restricted to present or past members of a particular group, service, sect, organizations, license holder, affiliation, age, or nationality, i.e., not open to all. Uses are generally publicly supported and operated, but not essential or customary to government administration and services. They include, but are not limited to: cemeteries, museums, community centers, tourist information facilities, and fairgrounds.

What is the Regular Pricing Program?

400

Conveyance and leasing shall be made at no cost.

What is the Monument and Recreation pricing schedule?

500

Lands will be leased at an annual rental of $0.25 per acre, with a minimum annual payment of $10 per transaction. Lands are government controlled, used in furtherance of a governmental purpose or function such as public schools, colleges and universities; libraries, physical education and sports center; public health-related facilities, fire protection stations, equipment storage, and maintenance.

What is the Special Pricing Program?