PRIA, Government Policy, Made Personal

Summary

The Secretary may sell or lease land the agency bought inside a System unit or related area, but not land inside national parks or scientific national monuments. Any sale or lease must include terms that keep the land used in a way that fits the purpose of the area. Sales must go to the highest bidder under the Secretary’s rules and be for at least the fair market value the Secretary sets. If the Secretary plans to sell within 2 years of buying the land, the last recorded owner has 30 days after getting written notice to ask to buy it; if they do, they can buy it for the amount of the highest bid. The Secretary may also trade federal land for private land inside the same State if the lands are suitable. Timberland under a sustained-yield harvest program cannot be traded. If a State, local government, or interested party asks, the Secretary must hold a public hearing in the area before the trade. Traded lands should be roughly equal in value, or cash from land-acquisition funds can be used to even out the values. Money from any sale goes into the Land and Water Conservation Fund.

Title 54, §102901

National Park Service and Related Programs, Source: USLM XML via OLRC

(a)Freehold and Leasehold Interests.—

With respect to any property acquired by the Secretary within a System unit or related area, except property within national parks or within national monuments of scientific significance, the Secretary may convey a freehold or leasehold interest in the property, subject to such terms and conditions as will ensure the use of the property in a manner that is, in the judgment of the Secretary, consistent with the purpose for which the System unit or related area was authorized by Congress. The Secretary shall convey the interest to the highest bidder, in accordance with such regulations as the Secretary may prescribe. The conveyance shall be at not less than the fair market value of the interest, as determined by the Secretary, except that if the conveyance is proposed within 2 years after the property to be conveyed is acquired by the Secretary, the Secretary shall allow the last owner of record of the property 30 days following the date on which the owner is notified by the Secretary in writing that the property is to be conveyed within which to notify the Secretary that the owner wishes to acquire the interest. On receiving the timely request, the Secretary shall convey the interest to the person, in accordance with such regulations as the Secretary may prescribe, on payment or agreement to pay an amount equal to the highest bid price.

(b)Exchange of Land.— (c) Proceeds Credited to Land and Water Conservation Fund.—

(1)In general.—

The Secretary may accept title to any non-Federal property or interest in property within a System unit or related area under the Secretary’s administration in exchange for any Federally-owned property or interest under the Secretary’s jurisdiction that the Secretary determines is suitable for exchange or other disposal and that is located in the same State as the non-Federal property to be acquired.

(2)Exception.—

Timberland subject to harvest under a sustained yield program shall not be exchanged under paragraph (1).

(3)Public hearing.—

On request of a State or a political subdivision thereof, or of a party in interest, prior to an exchange under this subsection the Secretary shall hold a public hearing in the area where the properties to be exchanged are located.

(4)Values of properties exchanged.—

The values of the properties exchanged—

(A)shall be approximately equal; or

(B)if they are not approximately equal, shall be equalized by the payment of cash to the grantor from funds appropriated for the acquisition of land for the area, or to the Secretary, as the circumstances require.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 102901(a), (b)16 U.S.C. 460l–22(a), (b).Pub. L. 90–401, § 5(a), (b), July 15, 1968, 82 Stat. 356. 102901(c)16 U.S.C. 460l–22(d).Pub. L. 90–401, § 5(d), July 15, 1968, 82 Stat. 356; Pub. L. 98–506, § 2, Oct. 19, 1984, 98 Stat. 2338.

§102901 Conveyance of Property and Interests in Property in System Units or Related Areas

Summary

Title 54, §102901

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata