Recreation and Public Purposes Amendment Act of 1988
PL 100-648 (H.R.4362), enacted 11/10/1988

PUBLIC LAW 100-648—NOV. 10, 1988 
102 STAT. 3813 
Public Law 100-648 
100th Congress 
An Act 
To amend section 3 of the Act of June 14, 1926, as amended (43 U.S.C. 869-2), to 
authorize the issuance of patents with a limited reverter provision of lands devoted 
to solid waste disposal, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE.—This Act may be cited as the "Recre-
ation and Pubhc Purposes Amendment Act of 1988". 
SEC. 2 AMENDMENT.—Section 3 of the Act of June 14, 1926, as 
amended (43 U.S.C. 869-2) is redesignated as subsection 3(a) and the 
following new subsections are added at the end thereof: 
"(b) NEW DISPOSAL SITES.—(1) Notwithstanding the provisions of 
subsection (a) of this section, if the Secretary receives an application 
for conveyance of land under this Act for the express purpose of 
solid waste disposal or for another purpose which the Secretary 
finds may include the disposal, placement, or release of any hazard-
ous substance, the Secretary may convey such land subject only to 
the provisions of this subsection. 
"(2) Prior to issuance of any conveyance of land under this 
subsection the Secretary shall investigate the land covered by an 
application for such conveyance to determine whether or not any 
hazardous substance is present on such land. Such investigation 
shall include a review of any available records as to the use of such 
land and all appropriate analysis of the soil, water and air associ-
ated with such land. No land shall be conveyed under this subsec-
tion if such investigation indicates that any hazardous substance is 
present on such land. 
"(3) No application for conveyance under this subsection shall be 
acted on by the Secretary until the applicant has furnished evi-
dence, satisfactory to the Secretary, that a copy of the application 
and information concerning the proposed use of the land covered by 
the application has been provided to the Environmental Protection 
Agency and to all other State and Federal agencies with responsibil-
ity for enforcement of State and Federal laws applicable to lands 
used for the disposal, placement, or release of solid waste or any 
hazardous substance. 
"(4) No application for conveyance under this subsection shall be 
acted on by the Secretary until the applicant has given a warranty 
that use of the land covered by the application will be consistent 
with all applicable State and Federal laws, including laws dealing 
with the disposal, placement, or release of hazardous substances, 
and that the applicant will hold the United States harmless from 
any liability that may arise out of any violation of any such law. 
"(5) A conveyance under this subsection shall be made to the 
extent that the applicant has demonstrated to the Secretary that 
the land covered by an application meets all applicable State and 
local requirements and is appropriate in character and reasonable 
in acreage in order to meet an existing or reasonably anticipated 
Nov. 10, 1988 
[H.R. 4362] 
Recreation and 
Public Purposes 
Amendment Act 
of 1988. 
Hazardous 
materials. 
43 u s e 869 note. 
102 STAT. 3814 
PUBLIC LAW 100-648—NOV. 10, 1988 
need for solid waste disposal or for another proposed use that the 
Secretary finds may include the disposal, placement, or release of 
any hazardous substance. 
"(6) A conveyance under this subsection shall be subject to the 
following conditions: 
"(A) Except as otherwise provided in subparagraphs (B) and 
(D) of this paragraph, the document of conveyance shall provide 
that the lands conveyed under this subsection shall revert to the 
United States, unless substantially all of the lands have been 
used, on or before the date five years after the date of convey-
ance, for the purpose or purposes specified in the application, or 
for other use or uses authorized under section 3(a) with the 
consent of the Secretary. 
"(B) In the event that at any time after such conveyance any 
portion of such lands has not been used for the purpose or 
purposes specified in the application, and the party to whom 
such lands were conveyed by the Secretary shall transfer owner-
ship of such unused portion to any other party, the party to 
whom such lands were conveyed by the Secretary shall be liable 
to pay the Secretary, on behalf of the United States, the fair 
market value of such transferred portion as of the date of such 
transfer, including the value of any improvements thereon. 
Subject to appropriations, all amounts received by the Secretary 
under this subparagraph shall be retained by the Secretary and 
used for the management of public lands and shall remain 
available until expended. 
"(C) Pricing for conveyances of land under this subsection 
shall be in accordance with the provisions of section 2 of this 
Act, except that no compensation shall be required for the 
inclusion of only the limited reverter specified in this para-
graph. 
"(D) Each patent issued under this subsection shall specify 
that no portion of the lands covered by such patent shall under 
any circumstances revert to the United States if such portion 
has been used for solid waste disposal or for any other purpose 
that the Secretary finds may result in the disposal, placement, 
or release of any hazardous substance. 
"(7) For purposes of this section the term 'hazardous substance' 
has the same meaning as such term has when used in the Com-
prehensive Environmental Response, Compensation, and Liability 
Act (42 U.S.C. 9601 et seq.). 
"(c) EXISTING DISPOSAL SITES.—(1) Upon the application or with 
the concurrence of any party to whom the Secretary, prior to the 
date of enactment of this subsection, conveyed land under this Act, 
the Secretary may renounce the reversionary interests of the United 
States in such land, or portion thereof, if the Secretary finds that 
such land, or portion thereof, has been used for solid waste disposal 
or for any other purpose which the Secretary finds may result in the 
disposal, placement, or release of any hazardous substance, and the 
Secretary may rescind any portion of any patent or other in-
strument of conveyance inconsistent with such renunciation. After 
such renunciation, affected lands shall not under any circumstances 
revert to the United States by the operation of law, and shall cease 
to be subject to the provisions of subsection (a) of this section. 
"(2) Upon the application or with the concurrence of a party to 
whom the Secretary, prior to the date of enactment of this subsec-
tion, leased lands pursuant to this Act, the Secretary may convey in 
PUBLIC LAW 100-648—NOV. 10, 1988 
102 STAT. 3815 
fee the lands covered by such lease or any portion thereof which 
have been used for solid waste disposal or for any other purpose that 
the Secretary finds may result in the disposal, placement, or release 
of any hazardous substance. Notwithstanding any other provision of 
this Act, a patent issued pursuant to this paragraph shall not 
contain a reverter provision and the lands covered by such patent 
shall not under any circumstances revert to the United States by 
operation of law after the issuance of such patent and shall not be 
subject to the provisions of subsection (a) of this section.". 
SEC. 3. SAVINGS CLAUSE.—Nothing in this Act or the amendments 
made thereby shall be construed to affect the applicability and 
operation of the Comprehensive Environmental Response, Com-
pensation and Liability Act (42 U.S.C. 9601 et seq.) as amended, and 
the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 
et seq.), as amended. 
SEC. 4. CONGRESSIONAL REVIEW.—(a) The Secretary shall not make 
any conveyance of land or renunciation of reversionary interests 
under this Act until he has published in the Federal Register 
regulations implementing this Act and until sixty days (not count-
ing days on which the House of Representatives or the Senate has 
adjourned for more than three days) after these regulations have 
been submitted to the Committee on Energy and Natural Resources 
of the Senate and the Committee on Interior and Insular Affairs of 
the House of Representatives. 
(b) During the first three years after enactment of this Act the 
Secretary shall not make any conveyance of land or renunciation of 
reversionary interests under this Act until thirty days (not counting 
days on which the House of Representatives or the Senate has 
adjourned for more than three days) after notice of intention to do so 
has been submitted to the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Interior and Insular 
Affairs of the House of Representatives. 
Approved November 10, 1988. 
' 
43 u s e 869-2 
note. 
43 u s e 869-2 
note. 
Federal 
Register, 
publication. 
Regulations. 
LEGISLATIVE HISTORY—H.R. 4362: 
HOUSE REPORTS: No. 100-934 (Comm. on Interior and Insular Affairs). 
eONGRESSIONAL REeORD, Vol. 134 (1988): 
Sept. 20, considered and passed House. 
Oct. 21, considered and passed Senate, amended. House concurred in Senate 
amendment. 
o