Title 16 — Conservation
Chapter 2 — National Forests
§ 521d. Sale, exchange, or interchange of National Forest System land
Statutory text
Conveyance authority; consideration
The Secretary is authorized, when the Secretary determines it to be in the public interest—
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
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.
Inclusion of terms, covenants, conditions, and reservations
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.
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.
Disposition of proceeds
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.
Use
Amounts deposited under paragraph (1) shall be available to the Secretary until expended for—
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;
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
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 97–465 § 2 · 96 Stat. 2535
Enacted · 16 U.S.C. § 521d
Pub. L. 97–465, § 2, Jan. 12, 1983, 96 Stat. 2535
Source evidence
Code source credit
Pub. L. 97–465, § 2, Jan. 12, 1983, 96 Stat. 2535Enacted provision · exact public law section
Sec. 2. The Secretary is authorized, when the Secretary determines 16 USC 521d. 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 3; 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. The Secretary shall insert in any such quitclaim deed such terms, convenants, 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. The preceding sentence shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System.Agriculture Improvement Act of 2018
Pub. L. 115–334 § 8621(c)(1) · 132 Stat. 4490
Amended · 16 U.S.C. § 521d
Pub. L. 115–334, § 8621(c)(1)–(3), designated first sentence as subsec. (a)
Inserted · 16 U.S.C. § 521d
Pub. L. 115–334, § 8621(c)(1)–(3), inserted subsec. heading
Amended · 16 U.S.C. § 521d
Pub. L. 115–334, § 8621(c)(1)–(3), designated second sentence as par. (1) of subsec. (b)
Inserted · 16 U.S.C. § 521d
Pub. L. 115–334, § 8621(c)(1)–(3), inserted subsec. and par. headings
Substituted · 16 U.S.C. § 521d
Pub. L. 115–334, § 8621(c)(1)–(3), substituted “covenants” for “convenants”
Amended · 16 U.S.C. § 521d
Pub. L. 115–334, § 8621(c)(1)–(3), designated third sentence as par. (2) of subsec. (b)
Inserted · 16 U.S.C. § 521d
Pub. L. 115–334, § 8621(c)(1)–(3), inserted par. heading
Substituted · 16 U.S.C. § 521d
Pub. L. 115–334, § 8621(c)(1)–(3), substituted “Paragraph (1) shall not” for “The preceding sentence shall not”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(1) in the matter preceding paragraph (1), by striking “The Secretary is authorized” and inserting the following: “(a) Conveyance Authority; Consideration.— The Secretary is authorized” ;Agriculture Improvement Act of 2018
Pub. L. 115–334 § 8621(c)(4) · 132 Stat. 4490
Added · 16 U.S.C. § 521d(c)
Pub. L. 115–334, § 8621(c)(4), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 115–334, § 8621(c)(4), added subsec. (c).Enacted provision · exact public law section
(4) by adding at the end the following: “(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 3 shall be deposited in the fund established under Public Law 90–171 (commonly known as the ‘Sisk Act’) (16 U.S.C. 484a). “(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 3 if the sale is a competitive sale.” .
10 of 10 references resolved to an enrolled provision
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).
Credits
1983–2018 · 2 acts
- 1983Pub. L. 97–465, § 2, , 96 Stat. 2535
- 2018Pub. L. 115–334, title VIII, § 8621(c), , 132 Stat. 4852.
Show as published
(Pub. L. 97–465, § 2, , 96 Stat. 2535; Pub. L. 115–334, title VIII, § 8621(c), , 132 Stat. 4852.)