local government, and private programs and policies to protect farmland. (c) The Department of Agriculture may make available to States, units of local government, individuals, organizations, and other units of the Federal Government information useful in restoring, maintaining, and improving the quantity and quality of farmland. (7 U.S.C. 4202) EXISTING POLICIES AND PROCEDURES Sec. 1542. (a) Each department, agency, independent commission, or other unit of the Federal Government, with the assistance of the Department of Agriculture, shall review current provisions of law, administrative rules and regulations, and policies and procedures applicable to it to determine whether any provision thereof will prevent such unit of the Federal Government from taking appropriate action to comply fully with the provisions of this subtitle. (b) Each department, agency, independent commission, or other unit of the Federal Government, with the assistance of the Department of Agriculture, shall, as appropriate, develop proposals for action to bring its programs, authorities, and administrative activities into conformity with the purpose and policy of this subtitle. (7 U.S.C. 4203) Small Tracts Act • Act of January 22, 1983 (P.L. 97-465, 96 Stat. 2535; 16 U.S.C. 521c-521i) Definitions Sec. 1. 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. (16 U.S.C. 521c) Conveyance Authority Sec. 2. The Secretary is authorized, when the Secretary determines 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. 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. The preceding sentence shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System. (16 U.S.C. 521d) Tract Size and Value Limitations Sec. 3. 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 that $150,000, 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; or (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. (16 U.S.C. 521e) Determination of Tract Value Sec. 4. 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. (16 U.S.C. 521f) Conveyance of Road Rights-of-Way Sec. 5. 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. (16 U.S.C. 521g) Regulations Sec. 6. 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 (16 U.S.Č. 521h) 3. Conveyance Restrictions Sec. 7. 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. (16 U.S.C. 521i) Amendments to the Sisk Act Sec. 8. (a) The Act of December 4, 1967 (81 Stat. 531), is amended by inserting before the phrase "public school district" wherever it appears, and before the phrase "public school authority" the second time it appears, the words "State, county, or municipal government or". (b) The Act of December 4, 1967 (81 Stat. 531), is further amended by adding the following at the end thereof: "Lands may be conveyed to any State, county, or municipal government pursuant to this Act only if the lands were being utilized by such entities on the date of enactment of this sentence. Lands so conveyed may be used only for the purposes for which they were being used prior to conveyance." Appendix REPEALED AND EXPIRED LAWS Cooperative Forest Management. Act of June 7, 1924 (43 Stat. 653; 16 U.S.C. 564), repealed by the Cooperative Forestry Assistance Act of 1978 (92 Stat. 365). Creative Act. Act of March 3, 1891 (26 Stat. 1103; 16 Export Administration Act. Act of September 29, 1979 (93 Stat. 503; 50 U.S.C. 2401 et. seq.) Sec. 7, expires authority to export unprocessed Western Red Cedar after September 30, 1983. Forest Pest Control Act. Act of June 25, 1947 (61 Stat. 177; 16 U.S.C. 594-1), repealed by the Cooperative Forestry Assistance Act of 1978 (92 Stat. 365). McSweeney-McNary Act. Act of May 22, 1928 (45 Stat. 699-702; 16 U.S.C. 581, 581a, 581b-581i), repealed by the Forest and Rangeland Renewable Resources Research Act of 1978 (92 Stat. 353). Taylor Grazing Act. Act of July 9, 1962 (62 Stat. 533; 43 U.S.C. 315g-1), repealed by the Federal Land Policy and Management Act of 1976 (90 Stat. 2743). White Pine Blister Rust Protection Act. Act of April 26, 1940 (54 Stat. 168; 16 U.S.C. 594a), repealed by the Cooperative Forestry Assistance Act of 1978 (92 Stat. 365). Young Adult Conservation Corps. Title VIII of the Comprehensive Employment and Training Act of 1973 as amended by the Youth Employment and Demonstration Projects Act of 1977 (91 Stat. 627), expired September 30, 1982. |