§ 521e. Small parcels and road rights-of-way

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.

1. 1983

   Pub. L. 97–465 § 3 · 96 Stat. 2535

   Enacted · 16 U.S.C. § 521e

   Pub. L. 97–465, § 3, Jan. 12, 1983, 96 Stat. 2535

   Source evidence

   Code source credit
   Pub. L. 97–465, § 3, Jan. 12, 1983, 96 Stat. 2535

   Enacted provision · exact public law section
   Sec. 3. The National Forest System lands which may be sold, 16 USC 521e. exchanged, or interchanged under this Act 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 $150,000, 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; or (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.

2. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 8621(a) · 132 Stat. 4490

   Substituted · 16 U.S.C. § 521e

   Pub. L. 115–334, § 8621(a), substituted “$500,000” for “$150,000” in introductory provisions

   Source evidence

   Code amendment note
   Pub. L. 115–334, § 8621(a), substituted “$500,000” for “$150,000” in introductory provisions.

   Enacted provision · exact public law section
   (a) Increase in Maximum Value of Small Parcels.— Section 3 of Public Law 97–465 (commonly known as the “Small Tract Act of 1983”) (16 U.S.C. 521e) is amended in the matter preceding paragraph (1) by striking “$150,000” and inserting “$500,000”.

3. 2018

   Agriculture Improvement Act of 2018

   Pub. L. 115–334 § 8621(b) · 132 Stat. 4490

   Added · 16 U.S.C. § 521e(4)(6)

   Pub. L. 115–334, § 8621(b), added pars. (4) to (6)

   Source evidence

   Code amendment note
   Pars. (4) to (6). Pub. L. 115–334, § 8621(b), added pars. (4) to (6).

   Enacted provision · exact public law section
   (b) Additional Conveyance Purposes.— Section 3 of Public Law 97–465 (16 U.S.C. 521e) (as amended by subsection (a)) is amended— (1) in paragraph (2), by striking “; or” and inserting a semicolon; (2) in paragraph (3), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: “(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 landfill, or a sewage treatment plant under a special use authorization issued or otherwise authorized by the Secretary.” .

3 of 3 references resolved to an enrolled provision