PRIA, Government Policy, Made Personal

Summary

A state, local government, or public school that does not have enough land to trade for Forest Service land can instead pay part or all of the land’s value to the Secretary of Agriculture. The payment goes into a Treasury fund that, when Congress approves spending, the Secretary uses to buy replacement land in the same State for the same purpose and with the same legal status. This option cannot be used if more than 80 acres go to one entity, and any land given this way must have been in use by that entity on January 12, 1983 and kept for the same use.

Title 16, §484a

Conservation, Source: USLM XML via OLRC

Whenever an exchange of land is proposed by a State, county, or municipal government or public school district or other public school authority under section 485 and 486 of this title or other authority under which the Secretary of Agriculture is authorized to exchange national forest lands or other lands administered by the Forest Service, if the State, county, or municipal government or public school authority proposing the exchange has insufficient land to offer, the exchange may be completed upon deposit with the Secretary of Agriculture of a portion or all of the value of the selected land. Any amount so deposited shall be covered into a special fund in the Treasury which when appropriated shall be available until expended by the Secretary of Agriculture for the acquisition of lands in the same State as the selected lands and which are determined by him to be suitable for the same purposes as the selected lands. Lands so acquired shall have the same status and shall be subject to the same laws, regulations, and rules as the selected lands. The provisions of this section shall not be applicable to the conveyance in exchange of more than eighty acres to any one State, county, or municipal government or public school district or other public school authority. Lands may be conveyed to any State, county, or municipal government pursuant to this section only if the lands were being utilized by such entities on January 12, 1983. Lands so conveyed may be used only for the purposes for which they were being used prior to conveyance.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1983—Pub. L. 97–465 inserted references to State, county, or municipal government in three places in existing provisions and inserted provision authorizing the conveyance of lands to any State, county, or municipal government pursuant to this section only if the lands were being utilized by such entities on January 12, 1983, and requiring that lands so conveyed be used only for the purposes for which they were being used prior to conveyance.

Statutory Notes and Related Subsidiaries

Short Title

This section is popularly known as the Sisk Act.

§484a Exchange of Lands in National Forests; Public Schools; Deposit of Funds by School Authority with Insufficient Exchange Land; Limitations on Use