Sec. 6. Right of refusal and competitive sale
479 words·~2 min read·
/bill/114/hr/2130/rh/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
After the expiration of the period for applications under section 5(a)(2)(B), the Secretary shall offer for purchase for a period of 60 days for each right of refusal— the surface rights to the remaining identified Federal lands located north of the vegetation line of the South Bank to— the adjacent owner of land located in Oklahoma to the north with the first right of refusal; if applicable, the adjacent owner of land located in Texas to the south with the second right of refusal; if applicable, the adjacent owner of land located to the east with the third right of refusal; and if applicable, the adjacent owner of land located to the west with the fourth right of refusal; and the surface rights to the remaining identified Federal lands located south of the vegetation line of the South Bank to— the adjacent owner of land located in Texas to the south with the first right of refusal; if applicable, the adjacent owner of land located in Oklahoma to the north with the second right of refusal; if applicable, the adjacent owner of land located to the east with the third right of refusal; and if applicable, the adjacent owner of land located to the west with the fourth right of refusal.
In this subsection, the term remaining identified Federal lands means any parcel of identified Federal lands— not subject to appeal under section 4; not determined by an administrative law judge of the Department of the Interior or a Federal court to be the property of an adjacent landowner; and not patented or subject to a pending request for a patent under section 5. If a parcel offered under subsection
(a)is not purchased, the Secretary shall offer the parcel for disposal by competitive sale for not less than fair market value as determined by an appraisal conducted in accordance with nationally recognized appraisal standards, including the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. The sale of a parcel under this section shall be subject to— the condition that all minerals contained in the parcel are reserved to the United States and subject to sale or disposal by the United States under applicable leasing and mineral land laws; the condition that permittees, lessees, or grantees of the United States have the right to enter the parcel for the purpose of prospecting for and mining deposits; and valid existing State, tribal, and local rights. Not later than 5 years after the date on which the survey is approved, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a list of the parcels of identified Federal lands that have not been sold under subsection
(b)and a description of the reasons such parcels were not sold.