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16 U.S.C. § 521d — Sale, exchange, or interchange of National Forest System land
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section521e&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section5
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Stable record: federal_law:legal_authorities:record_usc_1af6b650ec3c9425878b3259
Source file: Laws/federal/codes/united-states-code/title-16/section-521d-sale-exchange-or-interchange-of-national-forest-system-land--9db4b473a9.md
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Passage SHA-256: 168b4f135b5da685ce079b3394913972b3f44cfb6d17998f50d899bc47625d9b
Source location: Title 16, Chapter 2, § 521d; chapter-002-national-forests.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section521e&num=0&edition=prelim); 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section521e&num=0&edition=prelim) shall be deposited in the fund established under [section 484a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section484a&num=0&edition=prelim).
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section521e&num=0&edition=prelim) if the sale is a competitive sale.
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Federal law — U.S. Code and appendices · legal_authorities
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 la
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 521e
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Federal law — U.S. Code and appendices · legal_authorities
Whenever an exchange of land is proposed by a State, county, or municipal government or public school district or other public school authority under sections 485 and 486 of this title or other authority under which the Secretary of Agriculture is authorized to exchange national forest lands or other lands administered by the Forest Service, if the State, county, or municipal government or public school authority proposing the exchange has insufficient land to offer, the exchange may be completed upon deposit with the Secretary of Agriculture of a portion or all of the value of the selected land. Any amount so deposited shall be covered into a special fund in the Treasury which when appropriated shall be available until expended by the Secretary of Agriculture for the acquisition of lands in the same State as the selected lands and which are determined by him to be suitable for the same purposes as the selected lands. Lands so acquired shall have the same status and shall be subject to the same laws, regulations, and rules as the selected lands.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 484a
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Federal law — U.S. Code and appendices · legal_authorities
Page 959
TITLE 16—CONSERVATION
§ 521e
(Pub. L. 94–588, § 17(b), Oct. 22, 1976, 90 Stat. 2962;
Pub. L. 100–409, § 6, Aug. 20, 1988, 102 Stat. 1090;
Pub. L. 103–437, § 6(r), Nov. 2, 1994, 108 Stat. 4587.)
Editorial Notes
REFERENCES IN TEXT
The National Forest Reservation Commission, re-
ferred to in text, was abolished and the functions there-
of were transferred to the Secretary of Agriculture by
section 17(a)(1) of Pub. L. 94–588, Oct. 22, 1976, 90 Stat.
2961.
AMENDMENTS
1994—Pub. L. 103–437 in introductory provisions sub-
stituted ‘‘Agriculture, Nutrition, and Forestry of the
Senate’’ for ‘‘Agriculture and Forestry of the Senate’’.
1988—Pub.
L.
100–409
substituted
‘‘$150,000’’
for
‘‘$25,000’’ in introductory provisions and added par. (5).
§ 521c. Definitions
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 determina-
tion can be made without a formal appraisal
and under such regulations as the Secretary
may prescribe; and
(3) the term ‘‘Secretary’’ means the Sec-
retary of Agriculture of the United States.
(Pub. L. 97–465, § 1, Jan. 12, 1983, 96 Stat. 2535.)
§ 521d. Sale, exchange, or interchange of Na-
tional Forest System land
(a) Conveyance authority; consideration
The Secretary is authorized, when the Sec-
retary determines it to be in the public inter-
est—
(1) to sell, exchange, or interchange by quit-
claim deed, all right, title, and interest, in-
cluding the mineral estate, of the United
States in and to National Forest Syst
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 521d
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