16 U.S.C. § 479a: Conveyance of National…

Summary

The Secretary of Agriculture can transfer national forest land to a public school district for use by a public or publicly funded elementary or secondary school if the district applies in writing and meets several conditions. The school must show the land will be used for the school or related facilities, that the transfer serves the public, that the land is not needed by the Forest Service, that only the acreage needed will be taken, that the project is described in detail and is feasible, that the land is identified for disposal in the forest plan, and that the public had a chance to comment including at least one hearing. A transfer can be no more than 80 acres, though the district can ask again later for more land. The land must be sold for a nominal cost, and mineral and water rights are not included. Any needed survey is paid by the applicant. The Secretary must acknowledge the application within 14 days and either decide or explain the delay within 120 days. If the land is later given to someone else or used for something other than the school, ownership returns to the United States.

Title 16, §479a

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(a)Authority to convey

Upon written application, the Secretary of Agriculture may convey National Forest System lands to a public school district for use for educational purposes if the Secretary determines that—

(1)the public school district seeking the conveyance will use the conveyed land for a public or publicly funded elementary or secondary school, to provide grounds or facilities related to such a school, or for both purposes;

(2)the conveyance will serve the public interest;

(3)the land to be conveyed is not otherwise needed for the purposes of the National Forest System;

(4)the total acreage to be conveyed does not exceed the amount reasonably necessary for the proposed use;

(5)the land is to be used for an established or proposed project that is described in detail in the application to the Secretary, and the conveyance would serve public objectives (either locally or at large) that outweigh the objectives and values which would be served by maintaining such land in Federal ownership;

(6)the applicant is financially and otherwise capable of implementing the proposed project;

(7)the land to be conveyed has been identified for disposal in an applicable land and resource management plan under the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); and

(8)an opportunity for public participation in a disposal under this section has been provided, including at least one public hearing or meeting, to provide for public comments.

(b)Acreage limitation

A conveyance under this section may not exceed 80 acres. However, this limitation shall not be construed to preclude an entity from submitting a subsequent application under this section for an additional land conveyance if the entity can demonstrate to the Secretary a need for additional land.

(c)Costs and mineral rights

(1)A conveyance under this section shall be for a nominal cost. The conveyance may not include the transfer of mineral or water rights.

(2)If necessary, the exact acreage and legal description of the real property conveyed under this section shall be determined by a survey satisfactory to the Secretary and the applicant. The cost of the survey shall be borne by the applicant.

(d)Review of applications

When the Secretary receives an application under this section, the Secretary shall—

(1)before the end of the 14-day period beginning on the date of the receipt of the application, provide notice of that receipt to the applicant; and

(2)before the end of the 120-day period beginning on that date—

(A)make a final determination whether or not to convey land pursuant to the application, and notify the applicant of that determination; or

(B)submit written notice to the applicant containing the reasons why a final determination has not been made.

(e)Reversionary interest

If, at any time after lands are conveyed pursuant to this section, the entity to whom the lands were conveyed attempts to transfer title to or control over the lands to another or the lands are devoted to a use other than the use for which the lands were conveyed, title to the lands shall revert to the United States.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Forest and Rangeland Renewable Resources Planning Act of 1974, referred to in subsec. (a)(7), is Pub. L. 93–378, Aug. 17, 1974, 88 Stat. 476, which is classified generally to subchapter I (§ 1600 et seq.) of chapter 36 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 1600 of this title and Tables. This section, referred to in subsec. (c)(2), was in the original “this title”, meaning title II of Pub. L. 106–577, Dec. 28, 2000, 114 Stat. 3070, which enacted this section and provisions set out as a note under this section. For complete classification of title II to the Code, see

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note below and Tables.

Statutory Notes and Related Subsidiaries

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Pub. L. 106–577, title II, § 201, Dec. 28, 2000, 114 Stat. 3070, provided that: “This title [enacting this section] may be cited as the ‘Education Land Grant Act’.”

§479a Conveyance of National Forest System Lands for Educational Purposes

Summary

Title 16, §479a

Notes & Related Subsidiaries

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References in Text

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Statutory Notes and Related Subsidiaries

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