§1012a — Title 7 Agriculture | U.S. Code

Summary

The Secretary of Agriculture can set aside and name up to 640 acres of National Forest System land as a townsite in Alaska or in the eleven contiguous Western States when the land is next to an established community and giving it to support indigenous community goals is judged more important than keeping it in federal ownership. After public notice and if a county, city, or other local government shows a need, the Secretary may offer the area for sale to that government at not less than fair market value. The Secretary can require the buyer to pass and enforce a valid ordinance to keep control of the land so its use won’t interfere with protecting, managing, or developing the nearby National Forest lands.

Title 7, §1012a

Agriculture — Source: USLM XML via OLRC

When the Secretary of Agriculture determines that a tract of National Forest System land in Alaska or in the eleven contiguous Western States is located adjacent to or contiguous to an established community, and that transfer of such land would serve indigenous community objectives that outweigh the public objectives and values which would be served by maintaining such tract in Federal ownership, he may, upon application, set aside and designate as a townsite an area of not to exceed six hundred and forty acres of National Forest System land for any one application. After public notice, and satisfactory showing of need therefor by any county, city, or other local governmental subdivision, the Secretary may offer such area for sale to a governmental subdivision at a price not less than the fair market value thereof: Provided, however, That the Secretary may condition conveyances of townsites upon the enactment, maintenance, and enforcement of a valid ordinance which assures any land so conveyed will be controlled by the governmental subdivision so that use of the area will not interfere with the protection, management, and development of adjacent or contiguous National Forest System lands.

Notes & Related Subsidiaries

Editorial Notes

Codification Section, which is also set out as section 478a of Title 16, Conservation, was not enacted as part of the Bankhead-Jones Farm Tenant Act which constitutes a major part of this chapter.

Amendments

1976—Pub. L. 94–579 substituted provisions setting forth procedures applicable to designation of townsites of tracts of National Forest System lands in Alaska or the eleven contiguous Western States, for provisions setting forth procedures applicable to designation of townsites from any national forest lands or lands administered by Secretary of Agriculture under the Bankhead-Jones Farm Tenant Act.

Statutory Notes and Related Subsidiaries

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see note set out under section 1701 of Title 43, Public Lands.

§1012a Townsites