§ 479a. — Conveyance of National Forest System lands for educational purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC479a]
TITLE 16--CONSERVATION
CHAPTER 2--NATIONAL FORESTS
SUBCHAPTER I--ESTABLISHMENT AND ADMINISTRATION
Sec. 479a. Conveyance of National Forest System lands for
educational purposes
(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.
(c) Costs and mineral rights
(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.
(Pub. L. 106-577, title II, Sec. 202, Dec. 28, 2000, 114 Stat. 3070.)
References in Text
The Forest and Rangeland Renewable Resources Planning Act of 1974,
referred to in subsec. (a)(7), is Pub. L. 93-378, Aug. 17, 1974, 88
Stat. 476, as amended, which is classified generally to subchapter I
(Sec. 1600 et seq.) of chapter 36 of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 1600 of this title and Tables.
This section, referred to in subsec. (c)(2), was in the original
``this title'', meaning title II of Pub. L. 106-577, Dec. 28, 2000, 114
Stat. 3070, which enacted this section and provisions set out as a note
under this section. For complete classification of title II to the Code,
see Short Title note below and Tables.
Short Title
Pub. L. 106-577, title II, Sec. 201, Dec. 28, 2000, 114 Stat. 3070,
provided that: ``This title [enacting this section] may be cited as the
`Education Land Grant Act'.''
