---
kind: "section"
citation: "16 U.S.C. § 410aaa–77"
title: "16"
title_heading: "Conservation"
number: "410aaa–77"
heading: "California State School lands"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/410aaa-77"
units:
  - "Chapter 1 — National Parks, Military Parks, Monuments, and Seashores"
  - "Subchapter LIX–Y — California Desert Lands Parks, Preserve, and Off-Highway Vehicle Recreation Areas"
  - "Part D — Miscellaneous Provisions"
---

# §410aaa–77. California State School lands

- (a) **Negotiations to exchange—**
  - (1) **In general—** The [Secretary](/usc/16/410r–5.md?p=c-1) shall negotiate in good faith to reach an agreement with the California [State](/usc/16/590q.md?p=a) Lands [Commission](/usc/16/544.md?p=c) (referred to in this section as the “[Commission](/usc/16/544.md?p=c)”) to exchange [Federal lands](/usc/16/620e.md?p=2) or interests therein on the list referred to in [subsection (b)(2)](#b-2) for California [State](/usc/16/590q.md?p=a) School lands or interests therein which are located within the boundaries of one or more of the [wilderness](/usc/16/3102.md?p=13) [areas](/usc/16/539m–1.md?p=1-A), national monuments, off-highway vehicle recreation [areas](/usc/16/539m–1.md?p=1-A), or [park](/usc/16/410r–5.md?p=c-3) system [units](/usc/16/430f–7.md?p=4) designated by this Act (hereinafter in this section referred to as “[State](/usc/16/590q.md?p=a) School lands.”).
  - (2) **Agreement—** To the maximum extent practicable, not later than 10 years after October 31, 1994, the [Secretary](/usc/16/410r–5.md?p=c-1) shall reach a land exchange agreement consistent with the requirements of [section 206](/usc/16/206.md) of the [Federal Land](/usc/16/3102.md?p=2) Policy and Management Act of 1976 [[43 U.S.C. 1716](/usc/43/1716.md)].
- (b) **Preparation of list—** Within six months after October 31, 1994, the [Secretary](/usc/16/410r–5.md?p=c-1) shall send to the [Commission](/usc/16/544.md?p=c) and to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives a list of the following:
  - (1) [State](/usc/16/590q.md?p=a) School lands or interests therein (including mineral interests) which are located within the boundaries of the [wilderness](/usc/16/3102.md?p=13) [areas](/usc/16/539m–1.md?p=1-A), national monuments, off-highway vehicle recreation [areas](/usc/16/539m–1.md?p=1-A), or [park](/usc/16/410r–5.md?p=c-3) system [units](/usc/16/430f–7.md?p=4) designated by this Act.
  - (2) Lands within the [State](/usc/16/590q.md?p=a) of California under the jurisdiction of the [Secretary](/usc/16/410r–5.md?p=c-1) that the [Secretary](/usc/16/410r–5.md?p=c-1) determines to be suitable for disposal for exchange, identified in the following priority—
    - (A) lands with mineral interests, including geothermal, which have the potential for commercial development but which are not currently under mineral lease or producing Federal mineral revenues;
    - (B) Federal claims in California managed by the Bureau of Reclamation that the [Secretary](/usc/16/410r–5.md?p=c-1) determines are not needed for any Bureau of [Reclamation project](/usc/16/460l–32.md?p=3); and
    - (C) any [public lands](/usc/16/620e.md?p=7) in California that the [Secretary](/usc/16/410r–5.md?p=c-1), pursuant to the [Federal Land](/usc/16/3102.md?p=2) Policy and Management Act of 1976 [[43 U.S.C. 1701](/usc/43/1701.md) et seq.], has determined to be suitable for disposal through exchange.
  - (3) Any other [Federal land](/usc/16/3102.md?p=2), or interest therein, within the [State](/usc/16/590q.md?p=a) of California, which is or becomes surplus to the needs of the Federal Government. The [Secretary](/usc/16/410r–5.md?p=c-1) may exclude, in the [Secretary](/usc/16/410r–5.md?p=c-1)’s discretion, lands located within, or contiguous to, the exterior boundaries of lands held in [trust](/usc/16/450ss–1.md?p=4) for a federally recognized Indian tribe located in the [State](/usc/16/590q.md?p=a) of California.
  - (4) The [Secretary](/usc/16/410r–5.md?p=c-1) shall maintain such list and shall annually transmit such list to the Committee on Energy and Natural Resources of the United States Senate and the Committee on Natural Resources of the United States House of Representatives until all of the [State](/usc/16/590q.md?p=a) School lands identified in [paragraph (1)](#b-1) have been acquired.
- (c) **Disposal of surplus Federal property—**
  - (1) Effective upon October 31, 1994, and until all [State](/usc/16/590q.md?p=a) School lands identified in paragraph (b)(1) of this section are acquired, no [Federal lands](/usc/16/620e.md?p=2) or interests therein within the [State](/usc/16/590q.md?p=a) of California may be disposed of from Federal ownership unless—
    - (A) the [Secretary](/usc/16/410r–5.md?p=c-1) is notified of the availability of such lands or interest therein;
    - (B) the [Secretary](/usc/16/410r–5.md?p=c-1) has notified the [Commission](/usc/16/544.md?p=c) of the availability of such lands or interests therein for exchange; and
    - (C) the [Commission](/usc/16/544.md?p=c) has not notified the [Secretary](/usc/16/410r–5.md?p=c-1) within six months that it wishes to consider entering into an exchange for such lands or interests therein.
  - (2) If the [Commission](/usc/16/544.md?p=c) notifies the [Secretary](/usc/16/410r–5.md?p=c-1) that it wishes to consider an exchange for such lands or interests therein, the [Secretary](/usc/16/410r–5.md?p=c-1) shall attempt to conclude such exchange in accordance with the provisions of this section as quickly as possible.
  - (3) If an agreement is reached and executed with the [Commission](/usc/16/544.md?p=c), then upon notice to the head of the agency having administrative jurisdiction over such lands or interests therein, the [Secretary](/usc/16/410r–5.md?p=c-1) shall be vested with administrative jurisdiction over such land or interests therein for the purpose of concluding such exchange.
  - (4) Upon the [acquisition](/usc/16/620e.md?p=1) of all [State](/usc/16/590q.md?p=a) School lands or upon notice by the [Commission](/usc/16/544.md?p=c) to the [Secretary](/usc/16/410r–5.md?p=c-1) that it no longer has an interest in such lands or interests therein, such lands or interests shall be released to the agency that originally had jurisdiction over such lands or interests for disposal in accordance with the laws otherwise applicable to such lands or interests.
- (d) **No effect on military base closures—** The provisions of this section shall not apply to the disposal of property under title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 102 Stat. 2627; [10 U.S.C. 2687](/usc/10/2687.md) note) or the Defense Base Closure and Realignment Act of 1990 (Public Law 101–510; 104 Stat. 1808; [10 U.S.C. 2687](/usc/10/2687.md) note).

## Source credit

(Pub. L. 103–433, title VII, § 707, Oct. 31, 1994, 108 Stat. 4499; Pub. L. 116–9, title I, § 1456, Mar. 12, 2019, 133 Stat. 716.)

## Notes

### Editorial Notes

### References in Text

This Act, referred to in subsecs. (a)(1) and (b)(1), is defined in section 3 of Pub. L. 103–433, which is set out as a Definitions note under section 410aaa of this title.

The Federal Land Policy and Management Act of 1976, referred to in subsec. (b)(2)(C), is Pub. L. 94–579, Oct. 21, 1976, 90 Stat. 2743, which is classified principally to chapter 35 (§ 1701 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 43 and Tables.

The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (d), is Pub. L. 100–526, Oct. 24, 1988, 102 Stat. 2623. Title II of the Act is set out as a note under section 2687 of Title 10, Armed Forces. For complete classification of this Act to the Code, see Short Title of 1988 Amendment note set out under section 2687 of Title 10 and Tables.

The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (d), is part A of title XXIX of div. B of Pub. L. 101–510, Nov. 5, 1990, 104 Stat. 1808, which amended section 2687 of Title 10 and enacted provisions set out as a note under section 2687 of Title 10.

### Amendments

2019—Subsec. (a). Pub. L. 116–9, § 1456(1), designated first sentence as par. (1) and second sentence as par. (2), inserted par. headings, substituted “The Secretary shall negotiate in good faith to reach an agreement with the California State Lands Commission (referred to in this section as the ‘Commission’)” for “Upon request of the California State Lands Commission (hereinafter in this section referred to as the ‘Commission’), the Secretary shall enter into negotiations for an agreement” in par. (1) and “To the maximum extent practicable, not later than 10 years after October 31, 1994, the Secretary shall” for “The Secretary shall negotiate in good faith to” in par. (2), and inserted “, national monuments, off-highway vehicle recreation areas,” after “more of the wilderness areas” in par. (1).

Subsec. (b)(1). Pub. L. 116–9, § 1456(2), inserted “, national monuments, off-highway vehicle recreation areas,” after “wilderness areas”.