118 STAT. 2405 PUBLIC LAW 108–424—NOV. 30, 2004 (2) any master plan for the area approved by the County. (f) METHOD OF SALE; CONSIDERATION.—The sale of land under subsection (a) shall be— (1) consistent with section 203(d) and 203(f) of the Federal Land Management Policy Act of 1976 (43 U.S.C. 1713(d) and (f)); (2) through a competitive bidding process unless otherwise determined by the Secretary; and (3) for not less than fair market value. (g) WITHDRAWAL.— (1) IN GENERAL.—Subject to valid existing rights and except as provided in paragraph (2), the land described in subsection (b) is withdrawn from— (A) all forms of entry and appropriation under the public land laws, including the mining laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing and geothermal leasing laws. (2) EXCEPTION.—Paragraph (1)(A) shall not apply to a competitive sale or an election by the County to obtain the land described in subsection (b) for public purposes under the Act of June 14, 1926 (43 U.S.C. 869 et seq.; commonly known as the ‘‘Recreation and Public Purposes Act’’). (h) DEADLINE FOR SALE.— (1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall— (A) notwithstanding the Lincoln County Land Act of 2000 (114 Stat. 1046), not later than 75 days after the date of the enactment of this Act, offer by sale the land described in subsection (b)(1) if there is a qualified bidder for such land; and (B) offer for sale annually lands identified for sale in subsection (b)(2) until such lands are disposed of or unless the county requests a postponement under para graph (2). (2) POSTPONEMENT; EXCLUSION FROM SALE.— (A) REQUEST BY COUNTY FOR POSTPONEMENT OR EXCLU SION.—At the request of the County, the Secretary shall postpone or exclude from the sale all or a portion of the land described in subsection (b)(2). (B) INDEFINITE POSTPONEMENT.—Unless specifically requested by the County, a postponement under subpara graph (A) shall not be indefinite. SEC. 103. DISPOSITION OF PROCEEDS. (a) INITIAL LAND SALE.—Section 5 of the Lincoln County Land Act of 2000 (114 Stat. 1047) shall apply to the disposition of the gross proceeds from the sale of land described in section 102(b)(1). (b) DISPOSITION OF PROCEEDS.—Proceeds from sales of lands described in section 102(b)(2) shall be disbursed as follows— (1) 5 percent shall be paid directly to the state for use in the general education program of the State; (2) 10 percent shall be paid to the County for use for fire protection, law enforcement, public safety, housing, social services, and transportation; and Applicability.
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