Public Law 97-465–(commonly known as the “Small Tract Act of 1983”) Public Law 97–465, as amended Public Law 97-465–(commonly known as the “Small Tract Act of 1983”) 465 115–334 Statute Compilation United States House of Representatives Office of the Legislative Counsel text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. GPO Statute Compilations USLM converter, version 20210527.1 2021-10-15 Small Tract Act of 1983 11542 97 1983-01-12 Public Law 97-465–(commonly known as the “Small Tract Act of 1983”) [(Public Law 97–465, Enacted January 12, 1983)] [As Amended Through P.L. 115–334, Enacted December 20, 2018] [Currency: This publication is a compilation of the text of Public Law 97–465. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/] [Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
AN ACTTo authorize the Secretary of Agriculture to convey certain National Forest System lands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That [16 U.S.C. 521c] for purposes of this Act— (1) the term “person” includes any State or any political, subdivision or entity thereof; (2) the term “interchange” means a land transfer in which the Secretary and another person exchange titles to lands or interests in lands of approximately equal value where the Secretary finds that such a value determination can be made without a formal appraisal and under such regulations as the Secretary may prescribe; and (3) the term “Secretary” means the Secretary of Agriculture of the United States.
Sec. 2. [16 U.S.C. 521d] (a) Conveyance Authority; Consideration.—The Secretary is authorized, when the Secretary determine it to be in the public interest— (1) to sell, exchange, or interchange by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to National Forest System lands described in section 3; and (2) to accept as consideration for the lands sold, exchanged, or interchanged other lands, interests in lands, or cash payment, or any combination of such forms of consideration, which, in the case of conveyance by sale or exchange, is at least equal in value, including the mineral estate, or, in the case of conveyance by interchange, is of approximately equal value, including the mineral estate, to the lands being conveyed by the Secretary. (b) Inclusion of Terms, Covenants, Conditions, and Reservations.— (1) In general.—The Secretary shall insert in any such quitclaim deed such terms, covenants, conditions, and reservations as the Secretary deems necessary to ensure protection of the public interest, including protection of the scenic, wildlife, and recreation values of the National Forest System and provision for appropriate public access to and use of lands within the System. (2) Limitation.—Paragraph (1) shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System. (c) Disposition of Proceeds.— (1) Deposit in sisk fund.—The net proceeds derived from any sale or exchange conducted under paragraph (4), (5), or (6) of section 3 shall be deposited in the fund established under Public Law 90–171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a). (2) Use.—Amounts deposited under paragraph (1) shall be available to the Secretary until expended for— (A) the acquisition of land or interests in land for administrative sites for the National Forest System in the State from which the amounts were derived; (B) the acquisition of land or interests in land for inclusion in the National Forest System in that State, including land or interests in land that enhance opportunities for recreational access; or (C) the reimbursement of the Secretary for costs incurred in preparing a sale conducted under the authority of section 3 if the sale is a competitive sale.
Sec. 3. [16 U.S.C. 521e] The National Forest System lands which may be sold, exchanged, or interchanged under this Act are those the sale or exchange of which is not practicable under any other authority of the Secretary, which have a value as determined by the Secretary of not more than $500,000, and which are— (1) parcels of forty acres or less which are interspersed with or adjacent to lands which have been transferred out of Federal ownership under the mining laws and which are determined by the Secretary, because of location or size, not to be subject to efficient administration; (2) parcels of ten acres or less which are encroached upon by improvements occupied or used under claim or color of title by persons to whom no advance notice was given that the improvements encroached or would encroach upon such parcels, and who in good faith relied upon an erroneous survey, title search, or other land description indicating that there was not such encroachment; (3) road rights-of-way, reserved or acquired, which are substantially surrounded by lands not owned by the United States and which are no longer needed by the United States, subject to the first right of abutting landowners to acquire such rights-of-way; (4) parcels of 40 acres or less that are determined by the Secretary— (A) to be physically isolated from other Federal land; (B) to be inaccessible; or (C) to have lost National Forest character; (5) parcels of 10 acres or less that are not eligible for conveyance under paragraph (2) but are encroached on by a permanent habitable improvement for which there is no evidence that the encroachment was intentional or negligent; or (6) parcels used as a cemetery (including a parcel of not more than 1 acre adjacent to the parcel used as a cemetery), a landfill, or a sewage treatment plant under a special use authorization issued or otherwise authorized by the Secretary.
Sec. 4. [16 U.S.C. 521f] Any person to whom lands are conveyed under this Act shall bear all reasonable costs of administration, survey, and appraisal incidental to such conveyance, as determined by the Secretary. In determining the value of any lands or interest in lands to be conveyed under this Act, the Secretary may, in those cases in which the Secretary determines it would be in the public interest, exclude from such determination the value of any improvements to the lands made by any person other than the Government. In the case of road rights-of-way conveyed under this Act, the person to whom the right-of-way is conveyed shall reimburse the United States for the value of any improvements to such right-of-way which may have been made by the United States. The Secretary may, in those cases in which the Secretary determines that it would be in the public interest, waive payment by any person of costs incidental to any conveyance authorized by this Act or reimbursement by any person for the value of improvements to rights-of-way otherwise required by this section.
Sec. 5. [16 U.S.C. 521g] Conveyance of any road rights-of-way under this Act shall not be construed as permitting any designation, maintenance, or use of such rights-of-way for road or other purposes except to the extent permitted by State or local law and under conditions imposed by such law.
Sec. 6. [16 U.S.C. 521h] The Secretary shall issue regulations to carry out the provisions of this Act, including specification of— (1) criteria which shall be used in making the determination as to what constitutes the public interest; (2) the definition of and the procedure for determining “approximately equal value”; and (3) factors relating to location or size which shall be considered in connection with determining the lands to be sold, exchanged, or interchanged under clause (1) of section 3.
Sec. 7. [16 U.S.C. 521i] Nothing in this Act shall authorize conveyance of Federal lands within the National Wilderness Preservation System, National Wild and Scenic Rivers System, National Trails System, or National Monuments. Nothing in this Act shall authorize sale of Federal lands, within National Recreation Areas.
Sec. 8. [Section 8 amends another Act.]