16 U.S.C. § 479a — Conveyance of National Forest System lands for educational purposes

submitted 26 years ago by Pub. L. 106-577 to r/title-16-CONSERVATION · 523 words · no verdicts yet

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The Secretary of Agriculture can give National Forest System land to a public school district for education, if the district applies and meets several conditions, like proving the land is not needed for forest purposes and serves the public interest. A conveyance under this law cannot exceed 80 acres, though a district can apply again later for more. The Secretary must review each application within set deadlines, and land reverts to the U.S. if it is misused or transferred.

(a) On written application, the Secretary of Agriculture may give National Forest System land to a public school district for educational use, if the Secretary determines that: the district will use the land for a public or publicly funded elementary or secondary school, for related grounds or facilities, or both; giving the land serves the public interest; the land isn't needed for other National Forest System purposes; the total acreage requested is no more than reasonably necessary; the land is for a specific, described project, and giving it up serves public goals that outweigh keeping it as federal land; the applicant can actually carry out the project, financially and otherwise; the land has already been identified for disposal in an applicable forest management plan under the Forest and Rangeland Renewable Resources Planning Act of 1974; and the public has had a chance to comment, including at least one public hearing or meeting. (b) A single conveyance under this section cannot exceed 80 acres. This limit does not stop a district from applying again later for additional land if it can show the Secretary it needs more. (c) A conveyance under this section is for a nominal cost, and does not include mineral or water rights. If needed, a survey — paid for by the applicant — must be done to determine the exact acreage and legal description, to the Secretary's satisfaction. (d) When the Secretary receives an application, the Secretary must: notify the applicant that the application was received, within 14 days; and within 120 days, either make and announce a final decision on whether to convey the land, or send the applicant a written explanation of why a final decision hasn't been made yet. (e) If, after land is conveyed under this section, the school district tries to transfer title or control to someone else, or uses the land for something other than the approved purpose, title to the land goes back to the United States.

the actual law source: uscode.house.gov ↗public domain

(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.

(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.

Source credit: (Pub. L. 106–577, title II, § 202, Dec. 28, 2000, 114 Stat. 3070.)

history & why it existsrecord from the source credit

2000Enacted · Pub. L. 106-577 · 114 Stat. 3070

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-577 on 2000-12-28.

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