16 U.S.C. § 521c — Definitions

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