Sale, exchange, or interchange of National Forest System land

16 U.S.C. § 521d

• Title: 16 — Conservation
• Chapter: SUBCHAPTER I—ESTABLISHMENT AND ADMINISTRATION

Text

(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
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.
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
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.
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.

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

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).