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Notes

16 U.S.C. §§ 521c–521i

7 sections in range

§521c. Definitions

16 U.S.C. § 521c

For purposes of sections 521c to 521i of this title—
(1)
the term “person” includes any State or any political subdivision or entity thereof;
(2)
the term “interchange” means a land transfer in which the Secretary and another person exchange titles to lands or interests in lands of approximately equal value where the Secretary finds that such a value determination can be made without a formal appraisal and under such regulations as the Secretary may prescribe; and
(3)
the term “Secretary” means the Secretary of Agriculture of the United States.
Notes, amendments, and revision history

(Pub. L. 97–465, § 1, Jan. 12, 1983, 96 Stat. 2535.)

§521d. Sale, exchange, or interchange of National Forest System land

16 U.S.C. § 521d

(a)
Conveyance authority; consideration— The Secretary is authorized, when the Secretary determines it to be in the public interest—
(1)
to sell, exchange, or interchange by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to National Forest System lands described in section 521e of this title; and
(2)
to accept as consideration for the lands sold, exchanged, or interchanged other lands, interests in lands, or cash payment, or any combination of such forms of consideration, which, in the case of conveyance by sale or exchange, is at least equal in value, including the mineral estate, or, in the case of conveyance by interchange, is of approximately equal value, including the mineral estate, to the lands being conveyed by the Secretary.
(b)
Inclusion of terms, covenants, conditions, and reservations—
(1)
In general— The Secretary shall insert in any such quitclaim deed such terms, covenants, conditions, and reservations as the Secretary deems necessary to ensure protection of the public interest, including protection of the scenic, wildlife, and recreation values of the National Forest System and provision for appropriate public access to and use of lands within the System.
(2)
Limitation— Paragraph (1) shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System.
(c)
Disposition of proceeds—
(1)
Deposit in Sisk fund— The net proceeds derived from any sale or exchange conducted under paragraph (4), (5), or (6) of section 521e of this title shall be deposited in the fund established under section 484a of this title.
(2)
Use— Amounts deposited under paragraph (1) shall be available to the Secretary until expended for—
(A)
the acquisition of land or interests in land for administrative sites for the National Forest System in the State from which the amounts were derived;
(B)
the acquisition of land or interests in land for inclusion in the National Forest System in that State, including land or interests in land that enhance opportunities for recreational access; or
(C)
the reimbursement of the Secretary for costs incurred in preparing a sale conducted under the authority of section 521e of this title if the sale is a competitive sale.
Notes, amendments, and revision history

(Pub. L. 97–465, § 2, Jan. 12, 1983, 96 Stat. 2535; Pub. L. 115–334, title VIII, § 8621(c), Dec. 20, 2018, 132 Stat. 4852.)

Editorial Notes

Amendments

2018—Pub. L. 115–334, § 8621(c)(1)–(3), designated first sentence as subsec. (a) and inserted subsec. heading, designated second sentence as par. (1) of subsec. (b), inserted subsec. and par. headings, and substituted “covenants” for “convenants”, and designated third sentence as par. (2) of subsec. (b), inserted par. heading, and substituted “Paragraph (1) shall not” for “The preceding sentence shall not”.

Subsec. (c). Pub. L. 115–334, § 8621(c)(4), added subsec. (c).

§521e. Small parcels and road rights-of-way

16 U.S.C. § 521e

The National Forest System lands which may be sold, exchanged, or interchanged under sections 521c to 521i of this title are those the sale or exchange of which is not practicable under any other authority of the Secretary, which have a value as determined by the Secretary of not more than $500,000, and which are—
(1)
parcels of forty acres or less which are interspersed with or adjacent to lands which have been transferred out of Federal ownership under the mining laws and which are determined by the Secretary, because of location or size, not to be subject to efficient administration;
(2)
parcels of ten acres or less which are encroached upon by improvements occupied or used under claim or color of title by persons to whom no advance notice was given that the improvements encroached or would encroach upon such parcels, and who in good faith relied upon an erroneous survey, title search, or other land description indicating that there was not such encroachment;
(3)
road rights-of-way, reserved or acquired, which are substantially surrounded by lands not owned by the United States and which are no longer needed by the United States, subject to the first right of abutting landowners to acquire such rights-of-way;
(4)
parcels of 40 acres or less that are determined by the Secretary—
(A)
to be physically isolated from other Federal land;
(B)
to be inaccessible; or
(C)
to have lost National Forest character;
(5)
parcels of 10 acres or less that are not eligible for conveyance under paragraph (2) but are encroached on by a permanent habitable improvement for which there is no evidence that the encroachment was intentional or negligent; or
(6)
parcels used as a cemetery (including a parcel of not more than 1 acre adjacent to the parcel used as a cemetery), a landfill, or a sewage treatment plant under a special use authorization issued or otherwise authorized by the Secretary.
Notes, amendments, and revision history

(Pub. L. 97–465, § 3, Jan. 12, 1983, 96 Stat. 2535; Pub. L. 115–334, title VIII, § 8621(a), (b), Dec. 20, 2018, 132 Stat. 4852.)

Editorial Notes

Amendments

2018—Pub. L. 115–334, § 8621(a), substituted “$500,000” for “$150,000” in introductory provisions.

Pars. (4) to (6). Pub. L. 115–334, § 8621(b), added pars. (4) to (6).

§521f. Costs of conveyance and value of improvements

16 U.S.C. § 521f

Any person to whom lands are conveyed under sections 521c to 521i of this title shall bear all reasonable costs of administration, survey, and appraisal incidental to such conveyance, as determined by the Secretary. In determining the value of any lands or interest in lands to be conveyed under sections 521c to 521i of this title, the Secretary may, in those cases in which the Secretary determines it would be in the public interest, exclude from such determination the value of any improvements to the lands made by any person other than the Government. In the case of road rights-of-way conveyed under sections 521c to 521i of this title, the person to whom the right-of-way is conveyed shall reimburse the United States for the value of any improvements to such right-of-way which may have been made by the United States. The Secretary may, in those cases in which the Secretary determines that it would be in the public interest, waive payment by any person of costs incidental to any conveyance authorized by sections 521c to 521i of this title or reimbursement by any person for the value of improvements to rights-of-way otherwise required by this section.
Notes, amendments, and revision history

(Pub. L. 97–465, § 4, Jan. 12, 1983, 96 Stat. 2536.)

§521g. Road rights-of-way subject to State or local law

16 U.S.C. § 521g

Conveyance of any road rights-of-way under sections 521c to 521i of this title shall not be construed as permitting any designation, maintenance, or use of such rights-of-way for road or other purposes except to the extent permitted by State or local law and under conditions imposed by such law.
Notes, amendments, and revision history

(Pub. L. 97–465, § 5, Jan. 12, 1983, 96 Stat. 2536.)

§521h. Regulations; contents

16 U.S.C. § 521h

The Secretary shall issue regulations to carry out the provisions of sections 521c to 521i of this title, including specification of—
(1)
criteria which shall be used in making the determination as to what constitutes the public interest;
(2)
the definition of and the procedure for determining “approximately equal value”; and
(3)
factors relating to location or size which shall be considered in connection with determining the lands to be sold, exchanged, or interchanged under clause (1) of section 521e of this title.
Notes, amendments, and revision history

(Pub. L. 97–465, § 6, Jan. 12, 1983, 96 Stat. 2536.)

§521i. Unaffected lands

16 U.S.C. § 521i

Nothing in sections 521c to 521i of this title shall authorize conveyance of Federal lands within the National Wilderness Preservation System, National Wild and Scenic Rivers System, National Trails System, or National Monuments. Nothing in sections 521c to 521i of this title shall authorize sale of Federal lands, within National Recreation Areas.
Notes, amendments, and revision history

(Pub. L. 97–465, § 7, Jan. 12, 1983, 96 Stat. 2536.)