16 U.S.C. § 521e — Small parcels and road rights-of-way

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 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 ex- change, is at least equal in value, including the mineral estate, or, in the case of convey- ance 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 quit- claim deed such terms, covenants, conditions, and reservations as the Secretary deems nec- essary to ensure protection of the public inter- est, including protection of the scenic, wild- life, and recreation values of the National For- est System and provision for appropriate pub- lic access to and use of lands within the Sys- tem. (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 de- posited 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 Na- tional 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 in- terests 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. (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), in- serted subsec. and par. headings, and substituted ‘‘cov- enants’’ for ‘‘convenants’’, and designated third sen- tence as par. (2) of subsec. (b), inserted par. heading, and substituted ‘‘Paragraph (1) shall not’’ for ‘‘The pre- ceding sentence shall not’’. Subsec. (c). Pub. L. 115–334, § 8621(c)(4), added subsec. (c). § 521e. Small parcels and road rights-of-way The National Forest System lands which may be sold, exchanged, or interchanged under sec- tions 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 owner- ship under the mining laws and which are de- termined by the Secretary, because of location or size, not to be subject to efficient adminis- tration; (2) parcels of ten acres or less which are en- croached 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 Page 960 TITLE 16—CONSERVATION § 521f 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 ac- quire such rights-of-way; (4) parcels of 40 acres or less that are deter- mined 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 eli- gible 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 neg- ligent; 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 sew- age treatment plant under a special use au- thorization issued or otherwise authorized by the Secretary. (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 improve- ments 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 de- termined by the Secretary. In determining the value of any lands or interest in lands to be con- veyed under sections 521c to 521i of this title, the Secretary may, in those cases in which the Sec- retary determines it would be in the public in- terest, 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 sec- tions 521c to 521i of this title, the person to whom the right-of-way is conveyed shall reim- burse the United States for the value of any im- provements to such right-of-way which may have been made by the United States. The Sec- retary may, in those cases in which the Sec- retary determines that it would be in the public interest, waive payment by any person of costs incidental to any conveyance authorized by sec- tions 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. (Pub. L. 97–465, § 4, Jan. 12, 1983, 96 Stat. 2536.) § 521g. Road rights-of-way subject to State or local law Conveyance of any road rights-of-way under sections 521c to 521i of this title shall not be con- strued as permitting any designation, mainte- nance, 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 im- posed by such law. (Pub. L. 97–465, § 5, Jan. 12, 1983, 96 Stat. 2536.) § 521h. Regulations; contents 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 de- termining ‘‘approximately equal value’’; and (3) factors relating to location or size which shall be considered in connection with deter- mining the lands to be sold, exchanged, or interchanged under clause (1) of section 521e of this title. (Pub. L. 97–465, § 6, Jan. 12, 1983, 96 Stat. 2536.) § 521i. Unaffected lands 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 Sys- tem, National Trails System, or National Monu- ments. Nothing in sections 521c to 521i of this title shall authorize sale of Federal lands, with- in National Recreation Areas. (Pub. L. 97–465, § 7, Jan. 12, 1983, 96 Stat. 2536.) § 522. Omitted Editorial Notes CODIFICATION Section, act Feb. 15, 1901, ch. 372, 31 Stat. 790; Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, which author- ized the Secretary of the Interior to permit the use of rights-of-way through the public lands, forest and other reservations of the United States, and the Yosemite, Sequoia, and General Grant national parks, California, for various public utility purposes, was omitted in view of the repeal of its provisions insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National For- est System by Pub. L. 94–579. Act Feb. 15, 1901 is also classified to section 959 of Title 43, Public Lands, and was also classified to section 79 of this title prior to its omission from the Code. § 523. Omitted Editorial Notes CODIFICATION Section, acts Mar. 4, 1911, ch. 238, 36 Stat. 1253; May 27, 1952, ch. 338, 66 Stat. 95; Pub. L. 94–579, title VII, § 706(a), Oct. 21, 1976, 90 Stat. 2793; Pub. L. 113–287, § 7, Dec. 19, 2014, 128 Stat. 3272, which authorized heads of departments to grant easements for rights-of-way on ‘‘the public lands, national forests, and reservations of the United States’’ for electrical power and commu- nications purposes, was omitted because its provisions, as they related to public lands and lands in the Na- tional Forest System, were repealed by Pub. L. 94–579 and because act Mar. 4, 1911, is also classified to section 961 of Title 43, Public Lands. It was also classified to