Special conveyance authority regarding small parcels of National Forest System land and public lands

(a)

Definitions

In this section: (1)

Director concerned

The term Director concerned means the Director of the Bureau of Land Management for a State. (2)

Eligible federal lands parcel

The term eligible Federal lands parcel means a parcel of National Forest System land or the public lands that— (A)shares one or more boundaries with non-Federal land; (B)is located within the boundaries of an incorporated or unincorporated area with a population of at least 500 residents; (C)is not subject to existing rights held by a non-Federal entity; (D)does not contain an exceptional resource; and (E)is not habitat for an endangered species or a threatened species determined under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). (3)

Exceptional resource

The term exceptional resource means a resource of scientific, historic, cultural, or recreational value on a parcel of public lands that the Director concerned or Regional Forester concerned determines, on the record and after an opportunity for a hearing— (A)is documented by a Federal, State, or local governmental authority; and (B)requires extraordinary conservation and protection to maintain the resource for the benefit of the public. (4)

National forest system land

(A)

In general

The term National Forest System land means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)), including the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012). (B)

Exclusions

The term does not include any land managed by the Forest Service that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, or the national system of trails. (5)

Public lands

(A)

In general

The term public lands has the meaning given that term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)). (B)

Exclusions

The term does not include any land managed by the Bureau of Land Management that is included in a national monument, an area of critical environmental concern, a national conservation area, a national riparian conservation area, a national recreation area, a national scenic area, a research natural area, a national outstanding natural area, a national natural landmark, a wilderness area, a wilderness study area, the national wild and scenic rivers system, or the national system of trails. (6)

Regional Forester concerned

The term Regional Forester concerned means the Regional Forester with jurisdiction over the National Forest System land of a specific Forest Service Region. (b)

Selection of parcels for conveyance

(1)

Two selection methods

The Director concerned or the Regional Forester concerned shall select an eligible Federal lands parcel for conveyance under this section— (A)in response to a request submitted by an owner of non-Federal land that shares one or more boundaries with the parcel; or (B)upon the recommendation of the District Office of the Bureau of Land Management or unit of the National Forest System exercising administration over the parcel. (2)

Review of landowner request

When a landowner submits a request under paragraph (1)(A) for conveyance of a parcel of National Forest System land or public lands, the Director concerned or the Regional Forester concerned shall review the parcel and determine, within 30 days after receipt of the request, whether the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (3)

Rejection of landowner request

If the Director concerned or the Regional Forester concerned determines under paragraph (2) that all or a portion of the parcel of National Forest System land or public lands covered by a landowner request under paragraph (1)(A) fails to satisfy the definition of eligible Federal lands parcel, the Director concerned or the Regional Forester concerned shall give the landowner— (A)a written explanation of the reasons for the rejection, which specifically specifies— (i)which of the elements of the definition of eligible Federal lands parcel the parcel fails to satisfy and how and why the parcel fails to satisfy that element; (ii)how the continued administration of the parcel by the Bureau of Land Management or the Forest Service would impact the parcel and surrounding economy; and (iii)why the Federal Government needs to maintain ownership of the parcel and would be the best land ownership steward of the parcel; and (B)an opportunity to appeal the rejection under subsection (e). (c)

Parcel and acreage limitations

(1)

Acreage

An eligible Federal lands parcel conveyed under this section may not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (2)

Number of parcels

A person may only acquire one eligible Federal lands parcel under this section per year, except that, if the parcel is less than 160 acres in size, the person may acquire additional eligible Federal lands parcels during that year so long as the total acreage acquired does not exceed 160 acres unless a request for additional acreage is approved by the Director concerned or the Regional Forester concerned. (d)

Conveyance process

(1)

Public notice

The Director concerned or the Regional Forester concerned shall provide public notice of the availability of an eligible Federal lands parcel, even in cases in which the parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same landowner. The notice shall state that the parcel satisfies the definition of eligible Federal lands parcel for conveyance. (2)

Single adjacent landowner

If the eligible Federal lands parcel shares a boundary with only a single parcel of non-Federal land or with multiple parcels owned by the same landowner, the Director concerned or the Regional Forester concerned shall carry out a negotiated sale of the eligible Federal lands parcel with the landowner. (3)

Multiple adjacent landowners

If multiple parcels of non-Federal land, owned by different landowners, share a boundary with an eligible public lands parcel, the sale of the eligible public lands parcel under this section shall be conducted using competitive bidding procedures established under section 203(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713(f)). (4)

Rejection of offers

The Director concerned or the Regional Forester concerned may reject any offer made under this subsection that does not offer the minimum consideration required by subsection (f). The landowner shall be given an opportunity to appeal the rejection under subsection (e). (5)

Compliance with local planning and zoning

As a condition of the conveyance of an eligible public lands parcel under this section, the Director concerned or the Regional Forester concerned shall require the purchaser of the parcel to agree to comply all local land use ordinances and any master zoning plan applicable to the parcel or the adjacent non-Federal land of the purchaser. (6)

Form of conveyance

When an eligible Federal lands parcel is to sold under this section, the Director concerned or the Regional Forester concerned shall convey, by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to the parcel. (e)

Appeals process

(1)

Availability of appeal

If the Director concerned or the Regional Forester concerned rejects a landowner request under subsection (b)(1)(A) for selection of a parcel of National Forest System land or public lands for conveyance under this section or rejects a landowner offer for purchase of an eligible Federal lands parcel under subsection (d), the Director concerned or the Regional Forester concerned shall provide an appeals process for reconsideration of the rejection using the expedited Forest Service appeals process available under section 322(d) of Public Law 102–381 (16 U.S.C. 1612 note). (2)

Administering official

For purposes of applying section 322(d) of Public Law 102–381 (16 U.S.C. 1612 note), references to the Chief of the Forest Service or the Secretary of Agriculture shall be deemed to mean the Director concerned or the Regional Forester concerned. (f)

Consideration

(1)

Fair market value

As consideration for the sale of an eligible Federal lands parcel under this section, the Director concerned or the Regional Forester concerned shall require a cash payment in an amount that is equal to not less than the fair market value of the parcel, including the mineral estate, being conveyed by the Director concerned or the Regional Forester concerned. (2)

Establishment

The fair market value of an eligible Federal lands parcel shall be established by an appraisal submitted by the landowner seeking to purchase the parcel, unless the Director concerned or the Regional Forester concerned rejects such appraisal within 45 days after submission. In the case of the rejection of the appraisal, the Director concerned or the Regional Forester concerned shall cause another appraisal to be conducted, within 30 days, in accordance with the regulations regarding appraisals issued under section 206(f) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(f)). (g)

Treatment of proceeds

(1)

Sharing and deposit of proceeds

Of the consideration received by the Director concerned or the Regional Forester concerned under subsection (f) for the sale of an eligible Federal lands parcel under this section, the Director concerned or the Regional Forester concerned shall— (A)subject to paragraph (2), pay 50 percent of the consideration to the county government of the county in which the parcel is located; and— (B)deposit the remainder in the general fund of the Treasury. (2)

Effect of county purchase

If an eligible Federal lands parcel is purchased by a State, county, or city government or any agency thereof, the county government in which the parcel is located shall not receive a portion of the consideration paid for the parcel. Instead, the entire amount of the consideration shall be deposited in the general fund of the Treasury. (h)

Payment of costs of conveyance

(1)

Payment required

The Director concerned or the Regional Forester concerned shall require the purchaser of an eligible Federal lands parcel under this section to cover the costs to be incurred, or to reimburse the Director concerned or the Regional Forester concerned for costs incurred, to carry out the conveyance, including survey and appraisal costs, costs for environmental documentation, and any other administrative costs related to the conveyance. If amounts are collected from the purchaser of the parcel in advance of the Director concerned or the Regional Forester concerned incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Director concerned or the Regional Forester concerned to carry out the conveyance, the Director concerned or the Regional Forester concerned shall refund the excess amount to the purchaser. (2)

Treatment of amounts received

Amounts received as reimbursement under paragraph (1) shall be credited to the fund or account that was used to cover those costs in carrying out the conveyance. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account. (i)

Time for conveyance

It is the intent of the Congress that the sale of an eligible Federal lands parcel under this section, from selection of the parcel for conveyance through completion of the sale, should take no more than 18 months. (j)

NEPA exemption

The conveyance of eligible Federal lands parcels under this section is not a major Federal action significantly affecting the quality of the human environment under section 102(2)(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) because each conveyance involves only a small parcel of National Forest System land or the public lands and has no significant impact on critical habitats or endangered or threatened species, critical environments, exceptional resources. (k)

Additional authority

The conveyance authority provided by this section is in addition to the sale authority provided by section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) or any other provision of law.