Forest Service

U.S. DEPARTMENT OF AGRICULTURE

FS-1211a | December 2023

Program Funding from the 2021 Bipartisan Infrastructure Law and 

2022 Inflation Reduction Act

and

A Resource on Landownership Adjustment Authorities for the 

National Forest System

Resources for 

Implementing Joint 

Secretarial Order 3403

Information for Tribes on New Forest Service 

Programs and Landownership Authorities
Contents

Program Funding from the 2021 Bipartisan Infrastructure Law and

the 2022 Inflation Reduction Act 1

BIL and IRA Overview 1

Opportunities Available 1

Contact Information 1

Forest Service Assistance through the Bipartisan Infrastructure Law and the 

Inflation Reduction Act 2

Resources to Assist Tribes 2

Wood Innovations and Energy and Wood Products 2

Landowner Assistance Programs 3

Forest Health Programs 4

Urban and Community Forestry Programs 4

Wildfire Risk Reduction  4

Ecosystem Restoration  5

Workforce and Student Opportunities 5

Changes in Landownership Authorities That May Affect Tribes 7

Resource on Landownership Adjustment Authorities for the

National Forest System 8

Overview 8

Background 8

Relevant Forest Service-wide Authorities  9

The Weeks Act of March 1, 1911 9

The General Exchange Act of March 20, 1922 9

The Bankhead-Jones Farm Tenant Act of July 22, 1937 9

The Federal Property and Administrative Services Act of June 30, 1949 10

The National Forest Townsite Act of July 31, 1958 10

The Forest Service Omnibus Act of October 23, 1962 10

The Exchange for Schools Act (Sisk Act) of December 4, 1967 10

The Wild and Scenic Rivers Act of October 2, 1968 10

The National Trails Act of October 2, 1968 11

The Alaska Native Claims Settlement Act of December 18, 1971 11

The Forest and Rangeland Renewable Resources Act of June 30, 1978 11

The Alaska National Interest Lands Conservation Act of December 2, 1980 11

The Small Tracts Act of January 12, 1983 12

The Forest Service Facility Realignment Act of 2005 12
1

Program Funding from the 2021 Bipartisan Infrastructure 

Law and the 2022 Inflation Reduction Act

BIL and IRA Overview

The U.S. Department of Agriculture (USDA), Forest Service received $5.447 billion in funding from 

the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law 

(BIL), to reduce wildfire risk and create healthy and resilient ecosystems across Federal, State, 

Tribal, and private lands. In addition to reauthorizing and funding many existing programs, the 

5-year BIL created new programs that Tribes can access through the Forest Service, States, or 

partner organizations.

The Inflation Reduction Act (IRA) provided $5 billion to reduce wildfire risk in the wildland-urban 

interface, improve the health and resilience of lands managed by the Forest Service, and provide 

competitive grants for non-Federal private forest landowners, including Tribal, State, and private 

lands. The mandatory appropriations for the Forest Service are to remain available for 10 years 

(through fiscal year 2031), of which $2.75 billion is for Forest Service forestry assistance activities.

With this unprecedented funding, the Forest Service is working to restore health and resilience 

to America’s forested landscapes. Woven throughout this work are the overarching themes 

of fulfilling our general trust and treaty obligations with Tribes, mitigating climate change, 

addressing the wildfire challenges we face as a Nation, delivering programs equitably—including 

the Justice 40 initiative, an executive order signed by the President—and sharing stewardship of 

the lands that the Forest Service has been entrusted with caring for.

Opportunities Available

The programs and resource information below are available to Tribes who wish to benefit from the 

funding provided by the Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA).

Contact Information

Forest Service Office of Tribal Relations web page

https://www.fs.usda.gov/working-with-us/tribal-relations

Fores Service National Office of Tribal Relations and regional Tribal relations program managers

https://www.fs.usda.gov/working-with-us/tribal-relations/contacts

Local Forest Service offices and supervisors

https://www.fs.usda.gov/visit/forests-and-grasslands

Community Navigator, a free service to assist with locating funding and grant applications

https://communitynavigators.net/ or https://hispanicaccess.org/what-we-do/community-navigator-program

Digital Resource

The “Tribal Investments in 2023” story map is a visual representation of the work between Tribes 

and the Forest Service; it provides details on co-stewardship opportunities and investments.

https://storymaps.arcgis.com/stories/31d169da03704089b28080c7e707bbc0
2

Forest Service Assistance through the Bipartisan Infrastructure Law and 

the Inflation Reduction Act

An overview of programs that are available to, benefit, or impact federally recognized Tribes, Tribal 

organizations, and Alaska Native Corporations and Villages.

Resources to Assist Tribes

Program

5-Year 

Funding 

Level

Type of 

Funding

How Can Tribes 

Access?

Federal Cost 

Share Description

National 

Keystone 

Agreements 

Technical 

assistance, 

contracts, 

agreements

Local Forest Service 

unit; national forest 

or grassland office; 

funded States and 

partner organizations 

When match 

required, 

waiver may 

be available 

for Tribes

Supports ecosystem restoration and wildfire risk 

reduction projects and activities using multiple 

national-level agreements with key partners.

Community 

Navigators 

Program

Technical 

Assistance

Community 

Navigators

Assists in identifying available BIL & IRA funding 

opportunities and with grant applications; Tribal 

and other Community Navigators to be in fiscal 

year 2024.

Wood Innovations and Energy and Wood Products

Program

5-Year 

Funding 

Level

Type of 

Funding

How Can Tribes 

Access?

Federal Cost 

Share Description

Wood 

Innovations 

Grants Program

$20 

million

Competitive 

grants

Apply through 

notices of funding 

opportunity (NOFO) 

on grants.gov

Match 

waiver 

available for 

Tribes

Supports projects that will substantially expand 

and accelerate wood products and wood energy 

markets.

https://www.fs.usda.gov/science-technology/

energy-forest-products/wood-innovation

Community 

Wood Grant 

Funding 

Opportunity 

Program

$6 million Competitive 

grants

Apply through 

notices of funding 

opportunity (NOFO) 

on grants.gov

Match 

waiver 

available for 

Tribes

To install a thermally led community wood energy 

system or build or expand an innovative wood 

product facility.

https://www.fs.usda.gov/science-technology/

energy-forest-products/wood-innovation

Wood Products 

Infrastructure 

Assistance 

(WPIA) Grant 

Funding 

Opportunity

$23.3 

million

Competitive 

grants 

Apply through 

notices of funding 

opportunity (NOFO) 

on grants.gov

Match 

waiver 

available for 

Tribes

To provide financial assistance to facilities that 

purchase and process byproducts from ecosystem 

restoration projects in areas at risk of unnaturally 

severe wildfire or insect or disease infestation.

https://www.fs.usda.gov/science-technology/

energy-forest-products/wood-innovation

Temporary 

Bridge Funding 

Opportunity 

Program

$40 

million

Contracts, 

agreements

Local Forest Service 

unit; national forest 

or grassland office; 

funded States and 

partner organizations 

To support the establishment of temporary bridge 

programs with States and Tribes to protect water 

resources and reduce water quality degradation 

during forestry-related operations.

https://www.fs.usda.gov/science-technology/

energy-forest-products/wood-innovation

Firewood Banks $8 million Competitive 

grants

Local Forest Service 

unit; national forest 

or grassland office; 

funded partner 

organizations

To provide feedstock to firewood banks and 

provide financial assistance for the operation of 

firewood banks.

http://www.forgreenheat.org/issues/

firewoodbanks.html

https://www.firewoodbanks.org/

Wood for Life $10 

million

Contracts, 

agreements

Local Forest Service 

unit; national forest 

or grassland office; 

funded partner 

organizations

Provides firewood from forest thinning projects to 

homes in Tribal communities.

https://www.nationalforests.org/get-involved/

wood-for-life
3

Landowner Assistance Programs

Program

5-Year 

Funding 

Level

Type of 

Funding

How Can Tribes 

Access?

Federal 

Cost Share Description

Collaborative 

Forest Landscape 

Restoration 

Program (CFLRP)

$100 

million

Regional program 

office; funded 

State and partner 

organizations

50% match

Funds collaboration and collaboration-based 

activities, including facilitation, certification of 

collaboratives, and planning and implementing 

projects under CFLRP.

https://www.fs.usda.gov/restoration/CFLRP/

Forest Legacy 

Program

$700 

million

Competitive 

grants

Forest Service and/

or State legacy 

administered 

program request for 

proposals 

25% nonFederal 

match, 

unless 

waived or 

reduced

Provides additional funds for this program to 

purchase or conserve critical landscapes, with 

priorities for projects codeveloped by States and 

Tribes that create benefits to Tribal resources and 

communities.

https://www.fs.usda.gov/managing-land/privateland/forest-legacy/program

Forest Legacy 

Program Tribal 

Partnership 

Projects

Competitive 

grants State agencies

25% nonFederal 

match, 

unless 

waived or 

reduced

Conserves privately owned forest lands with high 

importance and significant benefits for Tribes 

through land purchases and comanagement 

agreements in partnership with State agencies.

https://www.fs.usda.gov/managing-land/privateland/forest-legacy/program

National 

Revegetation Effort: 

Tribal Nursey 

Grants

$130 

million

Noncompetitive 

grants

Local Forest Service 

unit; national 

forest or grassland 

office; funded 

States and partner 

organizations 

To establish and implement a national 

revegetation effort on Federal and non-Federal 

land, including Tribal forest nursery and native 

seed partnerships.

Forest Landowner 

Support Grants:

Forest Restoration, 

Management, and 

Enhancement 

Activities

$450 

million

Competitive 

grants

Apply through 

notices of funding 

opportunity (NOFO) 

at grants.gov

Provides financial assistance grants for projects 

that support underserved and small-acreage 

forest landowner participation in emerging 

private markets for climate mitigation and forest 

resilience.

https://www.fs.usda.gov/about-agency/stateprivate-forestry/coop-forestry/ira-forestlandowner-support

Forest Landowner 

Support Grants:

Landowner 

Outreach and 

Education

$50 

million

Competitive 

grants

Apply through 

notices of funding 

opportunity (NOFO) 

on grants.gov

Conserves privately owned forest lands with high 

importance and significant benefits for Tribes 

through land purchases and comanagement 

agreements in partnership with State agencies.

https://www.fs.usda.gov/about-agency/stateprivate-forestry/coop-forestry/ira-forestlandowner-support

Forest Landowner 

Support Grants:

Landowner 

Participation in 

Emerging Markets 

$52 

million

Competitive 

grants

Apply through 

notices of funding 

opportunity (NOFO) 

on grants.gov

Supports participation of underserved and smallacreage landowners in emerging markets for 

climate mitigation and forest resilience.

https://www.fs.usda.gov/about-agency/stateprivate-forestry/coop-forestry/ira-forestlandowner-support

Joint Chief’s 

Landscape 

Restoration 

Partnership 

Program (JCLRP) 

$180 

million

Competitive 

grants 

Apply through USDA 

Natural Resources 

Conservation 

Service (NRCS) 

To assist landowners to implement eligible 

activities to reduce wildfire risk, protect water 

quality or supply, or improve habitat for at-risk 

species.

https://www.nrcs.usda.gov/programs-initiatives/

joint-chiefs-landscape-restoration-partnership
4

Forest Health Programs

Program

5-Year 

Funding 

Level

Type of 

Funding

How Can Tribes 

Access?

Federal 

Cost Share Description

Invasive Species $100 

million

Contracts, 

agreements

Local Forest Service 

unit; national forest 

or grassland office; 

funded States and 

partner organizations 

To detect, prevent, and eradicate invasive species 

at points of entry and grants for eradication of 

invasive species on Federal and non-Federal land.

https://www.fs.usda.gov/managing-land/invasivespecies/funded-projects

https://www.fs.usda.gov/detail/r9/workingtogether/

grants/?cid=FSEPRD1074580

Urban and Community Forestry Programs

Program

5-Year 

Funding 

Level

Type of 

Funding

How Can Tribes 

Access?

Federal 

Cost Share Description

Urban and 

Community 

Forestry (UCF) 

Program

$1.5 billion Competitive 

grants

Apply through notices 

of funding opportunity 

(NOFO) at grants.gov, 

State-administered 

program request for 

proposals, or through 

funded partners

One-to-one 

(100%) 

match; 

match 

waiver is 

available

Provides competitive grants for tree planting and 

related activities, with priority for projects that 

benefit underserved populations.

https://www.fs.usda.gov/managing-land/urbanforests/ucf

https://corpsnetwork.org/

Wildfire Risk Reduction

Program

5-Year 

Funding 

Level

Type of 

Funding

How Can Tribes 

Access?

Federal Cost 

Share Description

Community 

Wildfire 

Defense Grant 

Program

$500 

million

Competitive 

grants

Apply through 

notices of funding 

opportunity (NOFO) 

or apply under a 

State NOFO

10% match 

for plans; 

25% match 

for projects; 

match waiver 

is available.

Provides funding to communities to update 

community wildfire protection plans (CWPP) and 

accomplish work prescribed under a CWPP.

https://www.fs.usda.gov/managing-land/fire/grants

Wildfire Risk 

Reduction and 

Ecosystem 

Restoration 

Activities

$2.115 

billion

Contracts, 

agreements, 

TFPA 

proposals

Local Forest Service 

unit; national 

forest or grassland 

office; funded 

States and partner 

organizations 

To conduct activities for wildfire risk reduction 

and ecosystem restoration.

Wildland Fire 

Management

$696.2 

million

Contracts, 

agreements, 

TFPA 

proposals

Local Forest Service 

unit; national 

forest or grassland 

office; funded 

States and partner 

organizations 

To conduct activities for wildland fire 

management.

TFPA = Tribal Forest Protection Act
5

Ecosystem Restoration

Program

5-Year 

Funding 

Level

Type of 

Funding

How Can Tribes 

Access?

Federal 

Cost Share Description

Ecosystem 

Restoration: 

Stewardship 

Contracts

$150 

million

Contracts, 

agreements 

Local Forest Service 

unit; national forest 

or grassland office; 

funded States and 

partner organizations 

To provide funding for entering into contracts 

to restore ecological health on >10,000 acres of 

Federal land.

Ecosystem 

Restoration 

Projects: Good 

Neighbor 

Agreements

$160 

million

Contracts, 

agreements

Local Forest Service 

unit; national forest 

or grassland office; 

funded States and 

partner organizations 

To provide funds to States and Tribes for 

implementing restoration projects on Federal land 

through the Good Neighbor Authority.

Recreation Sites 

on Federal Land 

and Tribal Forest 

Lands

$35 

million

Contracts, 

agreements

Local Forest Service 

unit; national forest 

or grassland office; 

funded States and 

partner organizations 

To restore, prepare, or adapt recreation sites 

on Federal land, including Indian forest land or 

rangeland.

Restore native 

vegetation and 

mitigate hazards 

on previously 

mined lands

$100 

million

Contracts, 

agreements

Local Forest Service 

unit; national forest 

or grassland office; 

funded States and 

partner organizations 

To restore native vegetation and mitigate 

environmental hazards on Federal and non-Federal 

previously mined land.

Collaborative 

Aquatic 

Landscape 

Restoration 

Program (CALR)

$25.5 

million

Contracts, 

agreements

Local Forest Service 

unit; national forest 

or grassland office; 

funded States and 

partner organizations 

Establishes collaborative-based, landscape-scale 

restoration programs to restore water quality or 

fish passage on Federal land.

https://www.fs.usda.gov/managing-land/naturalresources/collaborative-aquatic-landscaperestoration

Workforce and Student Opportunities

Program

5-Year 

Funding 

Level

Type of 

Funding

How Can Tribes 

Access?

Federal 

Cost Share Description

Pre-Planning 

Fire Response 

Workshops 

and Workforce 

Training

$50 

million

Forest Service regional 

or local partnership 

coordinators, wildfire 

crisis landscape 

coordinators, and/

or funded partner 

organizations

To provide funding for pre-planning fire response 

workshops that develop potential operational 

delineations (PODs) and select potential control 

locations and workforce training for staff, nonFederal firefighters, and Native village fire crews.

Wildland Fire 

Academy 

Internship

Student Conservation 

Association (SCA)

Offers a 12-week internship focused on fuels 

reduction.

https://www.thesca.org/

AmeriCorps 

NCCC Forest 

Corps Team

AmeriCorps 

Assigns NCCC Forest Corps teams to Forest 

Service units to work on a variety of wildfire risk 

mitigation and reforestation projects, each project 

lasting 9–11 weeks.

https://americorps.gov/serve/americorps/

americorps-nccc/forest-corps

Indian Youth 

Service Corps Internships Forest Service regional Tribal relations contact

Provides youth paid experience and meaningful 

education, employment, and training 

opportunities through conservation projects on 

public and Indian lands.

https://www.fs.usda.gov/working-with-us/careers/

Indian-Youth-Service-Corps
6

Other Programs

Program

5-Year 

Funding 

Level

Type of 

Funding

How Can Tribes 

Access?

Federal 

Cost Share Description

Legacy Road 

and Trails 

Remediation 

Program

$40 

million

Contracts, 

agreements

Local Forest Service 

unit; national forest 

or grassland office; 

funded States and 

partner organizations 

To support restoring fish and aquatic organism 

passage, improving road and trail resiliency, 

preserving access, and decommissioning unneeded 

roads.

https://www.fs.usda.gov/managing-land/nationalforests-grasslands/legacy-roads-trails

Construction 

Of Temporary 

Roads

$100 

million

Contracts, 

agreements

Local Forest Service 

unit; national forest 

or grassland office; 

funded States and 

partner organizations 

To construct temporary roads or reconstruct and 

maintain roads to facilitate forest restoration and 

management projects that reduce wildfire risk

Dam Removal $10 

million

Contracts, 

agreements

Local Forest Service 

unit; national forest 

or grassland office; 

funded States and 

partner organizations 

To remove non-hydropower Federal dams and 

provide dam removal technical assistance.

Joint Fire 

Science

$10 

million Grants Joint Science Fire Program

Provides funding for scientific studies associated with 

wildland fire, fuels, and fire-impacted ecosystems 

partnership of six Federal agencies (Forest 

Service, Bureau of Indian Affairs, Bureau of Land 

Management, National Park Service, Fish and Wildlife 

Service, and U.S. Geological Survey).

https://www.firescience.gov/index.cfm

Research And 

Development 

Programs

Forest Service 

research stations; 

funded States, 

academic 

institutions, and 

partner organizations

To conduct research on ecosystem restoration.

https://www.fs.usda.gov/research/projects/bil
7

Changes in Landownership Authorities That May Affect Tribes

Program

5-Year 

Funding 

Level

Type of 

Funding

How Can Tribes 

Access?

Federal 

Cost Share Description

Federal Lands 

Transportation 

Program (FLTP)

$130 

million

Contracts, 

agreements

Forest Service 

regional or local 

office; funded 

State and partner 

organizations

100% cost 

share

To allocate FLTP funds for projects on Federal 

lands to improve the transportation infrastructure 

owned and maintained by Federal land management 

agencies, and which appear in the national Federal 

lands transportation inventory.

Efficient 

Implementation 

of NEPA for 

Federal Land 

Management 

Projects

Change in 

authority

Change in 

authority

Regional program 

office; funded 

State and partner 

organizations

To allow Federal land management agencies to adopt 

environmental review documents prepared by the 

Federal Highway Administration (FHA) for certain 

transportation projects, if the document addresses all 

areas of analysis required by the land management 

agency. Allows Federal land management agencies to 

use environmental documents previously prepared by 

FHA for projects addressing the same or substantially 

the same action. Under certain circumstances, allows 

Federal land management agencies to use categorical 

exclusions established by the FHA.

Critical 

Minerals Supply 

Chains and 

Reliability

Change in 

authority

Change in 

authority

Regional program 

office; funded 

State and partner 

organizations

Requires Bureau of Land Management and Forest 

Service to complete the Federal permitting and 

review processes with maximum efficiency and 

effectiveness while supporting economic growth. 

Requires Departments of Agriculture and the Interior 

to provide a report that identifies measures that 

would increase the timeliness of permitting activities 

for the exploration of domestic critical minerals 

(among other requirements). After submission of the 

report, the Departments are required to develop and 

publish a performance metric for evaluating progress 

to expedite permitting for exploration.

NEPA = National Environmental Policy Act
8

Resource on Landownership Adjustment Authorities for 

the National Forest System 

Overview 

This resource was prepared in furtherance of Secretarial Order No. 3403, Joint Secretarial Order 

on Fulfilling the Trust Responsibility to Indian Tribes in the Stewardship of Federal Lands and Waters

(JSO). The JSO directed the U.S. Department of Agriculture (USDA) to undertake a review of 

current authorities that can support Tribal co-stewardship and stewardship. In November 

2022, USDA issued a report identifying authorities that can support Tribal co-stewardship and 

stewardship but did not purport to provide an analysis of USDA’s very limited authorities to 

support land transfer to Tribes (see Joint Secretarial Order 3403 and Stewardship). This resource 

builds upon the report by identifying potential land transfer authorities. 

This document is an overview of legal authorities and is not an exhaustive description of those 

authorities. It is not intended to provide any legal opinions or advice regarding the authorities 

or programs set forth herein, which may be superseded, withdrawn, repealed, revised, or 

amended at any time. It is not intended to be a substitute for consultation with USDA’s Office 

of the General Counsel. The resource is not intended to create any right or benefit, substantive 

or procedural, enforceable at law or equity, by a party against the United States, its agencies, 

officers, or any other person. 

Background

The Forest Service administers the 193-million-acre National Forest System (NFS) with the 

primary objective of maintaining and conserving this land base, to be administered consistent 

with the agency’s mission and according to the statutes under which the NFS has been 

established. Land adjustments within this system are undertaken for the benefit of the NFS and 

the agency’s mission, and to further the particular purpose of the authorizing statute.

The Forest Service does not have broad land disposal authority. Moreover, unless expressly 

authorized in Tribal-specific legislation, the Forest Service does not have the authority to 

transfer land directly to the Department of the Interior (DOI) to be accepted into trust status. 

Instead, the Forest Service has authority to sell NFS land at fair market value, which is also 

limited and circumscribed to meet specific purposes identified in individual sales authorities. 

These limited authorities typically are confined to sales that benefit the management of the NFS 

and where the parties and the land meet certain specified criteria identified in those statutes. 

The Forest Service also has authority to enter into land exchanges with Tribes and other 

entities. These land exchanges are subject to requirements under law and regulations whereby 

exchanges are limited to those that are determined to be in the public interest, are for the 

benefit of the NFS, are of equal value or can be made equal in value through cash equalization 

and are subject to the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321–4347, and 

public involvement.

The Forest Service does not have authority to donate land to Tribes or to transfer lands to be 

held in trust by DOI. Congress may enact laws specific to individual Tribes under which the 

Forest Service may be directed to convey certain NFS land to a Tribe under the terms of those 

specific statutes. These acts of Congress often involve the transfer of certain designated lands 

in resolution of a water rights dispute or land claims and may involve an exchange of lands of 

equal value or may authorize a direct transfer of those lands to DOI to be held in trust for the 

benefit of a Tribe.
9

Relatedly, the Forest Service often undertakes the acquisition of land to be included within the 

NFS, frequently funded pursuant to the Land and Water Conservation Fund Act (LWCF), that 

may provide indirect benefits to Tribes. Tribes may benefit from Forest Service acquisition 

of land within a Tribe’s ceded treaty area, from Forest Service protection of Tribal cultural 

resources and sacred sites, or from the Forest Service providing access to traditional Tribal 

hunting, fishing, and gathering areas.

Unless otherwise indicated, land conveyances and/or exchanges under the following authorities 

are subject to requirements for environmental and other reviews, such as NEPA, except when a 

categorical exclusion applies, and often subject to public interest, valuation, equalization, and 

other requirements under section 206 of the Federal Land Policy and Management Act (FLPMA) 

of 1976, 43 U.S.C. § 1716.

Relevant Forest Service-wide Authorities 

The following are listed roughly in chronological order of enactment, paralleling the 

presentation in the Forest Service Manual (FSM) 5430 and Forest Service Handbook (FSH) 

5509.11, chapter 20. Of note: numerous additional particular statutes authorize or direct land 

acquisitions, land disposals, or land exchanges in specific areas. These are not included in the 

following list.

The Weeks Act of March 1, 1911

16 U.S.C. §§ 516 et seq.

For land acquisition, this authorizes the Secretary of Agriculture to accept title to lands within 

the watersheds of navigable streams in States that have authorized Federal acquisitions under 

this act. The act provides that lands so acquired are to be “permanently reserved, held, and 

administered as national forest lands.” For land exchanges, this authorizes the exchange for 

lands within the exterior boundaries of national forests within the same state. Such exchanges 

are subject to a public interest determination and State legislature approval, and the lands 

acquired must be necessary to the regulation of the flow of navigable streams or for the 

production of timber. For land disposals, section 10 (16 U.S.C. § 519) provides limited authority 

for certain valuable agriculture lands, inadvertently or of necessity acquired along with Weeks 

Act purchases and not needed for public purposes, to be sold to actual settlers.

The General Exchange Act of March 20, 1922 

16 U.S.C. §§ 485–486

For land exchanges, this authorizes the Secretary of Agriculture to enter into exchanges and 

accept title to any lands within national forest boundaries, when determined valuable for 

national forest purposes, and in exchange for equal value lands within the same state, subject 

to acceptable title. This is subject to a public interest determination.
10

The Bankhead-Jones Farm Tenant Act of July 22, 1937

7 U.S.C. §§ 1010–1012

This was originally primarily a land acquisition and conservation statute, but for land 

exchanges and disposals it includes a provision under which the Secretary of Agriculture may 

sell, exchange, lease, or otherwise dispose of lands acquired under this authority, only to public 

authorities and agencies and only on condition that the property is used for public purposes. 

This is subject to the public interest determination. As to Bankhead-Jones lands that have been 

designated as national grasslands, subsequent regulations constrain any authority to remove 

these lands from the NFS. The regulations provide that the “National Grasslands shall be . . . 

permanently held by the Department of Agriculture for administration” under the act. 36 C.F.R. 

§ 213(b).

The Federal Property and Administrative Services Act of June 30, 1949 

Public Law 152, chapter 288, 63 Stat 377, codified as amended in scattered sections of 40 U.S.C. and 41 U.S.C.

This act provides the General Services Administration (GSA) authority to dispose of property 

at Federal agencies when an agency has determined that the subject property is excess and no 

longer needed to carry out the agency’s mission. This statute is of limited application for the 

Forest Service because the statute excludes any land reserved or dedicated for national forest 

purposes from its definition of “property” (see 40 U.S.C. § 102(9)(A)(ii)). 

The National Forest Townsite Act of July 31, 1958

7 U.S.C. § 1012a; 16 U.S.C. § 478a

For land disposals, this applies to Alaska and the 11 contiguous Western States. It provides 

the Secretary of Agriculture the authority to sell or dispose of a parcel of NFS land to any city, 

county, or local government subdivision, not to exceed 640 acres, that would serve Indigenous 

community objectives that outweigh the public objectives and values that would be served by 

maintaining such tract in Federal ownership. After public notice and a showing of satisfactory 

need by any county, city, or other local governmental subdivision, the Secretary may offer such 

area for sale to a governmental subdivision at a price not less than market value.

The Forest Service Omnibus Act of October 23, 1962

16 U.S.C. § 555a

For land exchanges, this authorizes the Forest Service to exchange lands with acquired status, 

including lands acquired under the Weeks Act, when no other exchange authority applies, 

provided that the lands to be acquired by exchange are suitable for use in connection with 

activities of the Forest Service and provided that the value of the lands so conveyed by the 

Secretary of Agriculture shall not exceed the value of the lands accepted. This is subject to a 

public interest determination.
11

The Exchange for Schools Act (Sisk Act) of December 4, 1967

16 U.S.C. § 484a

For land exchanges, this authorizes the exchange of not more than 80 acres of NFS land with a 

public school authority or with a State, county, or municipal government. It also provides for 

cash equalization up to 100 percent to be paid if the non-Federal party does not have land for 

an exchange. Lands may be conveyed to a State, county, or municipal government only if that 

entity had authorized use of the land considered for a land exchange on January 12, 1983. Other 

than for lands conveyed by exchange with a public school authority, the lands conveyed may be 

used only for the purposes for which the State, county, or municipal government was using the 

lands prior to conveyance. This is subject to a public interest determination.

The Wild and Scenic Rivers Act of October 2, 1968

16 U.S.C. § 1277

For land acquisitions and exchanges of approximately equal value, this authorizes the Secretary 

of Agriculture to acquire lands and interests in land within the authorized boundaries of 

any component of the National Wild and Scenic Rivers System. This is subject to same-State 

requirement and a public interest determination.

The National Trails Act of October 2, 1968

16 U.S.C. § 1246

For land acquisitions and exchanges, this authorizes the Secretary of Agriculture to exchange 

for lands of approximately equal value within the exterior boundary of areas under their 

administration that are included in a national recreation, scenic, or historic trail right-of-way 

and to acquire lands within the boundary of established national trails. This is subject to sameState requirement and a public interest determination.

The Alaska Native Claims Settlement Act of December 18, 1971

43 U.S.C. §§ 1601–1629h

For land exchanges, this authorizes the Secretary of Agriculture to exchange lands or interests 

therein, including Native selection rights, with the corporations organized by Native groups, 

Village Corporations, Regional Corporations, and the corporations organized by Natives 

residing in Juneau, Sitka, Kodiak, and Kenai, and other municipalities and corporations or 

individuals (see 43 U.S.C. § 1621(f)). Exchanges shall be based on equal value, and either 

party to the exchange may pay or accept cash in order to equalize the value of the property 

exchanged. When the parties agree to an exchange and the Secretary determines it is in the 

public interest, such exchanges may be made for other than equal value.

The Forest and Rangeland Renewable Resources Act of June 30, 1978

16 U.S.C. § 1643

For land acquisitions and exchanges, this authorizes the Secretary of Agriculture to acquire 

land or interests in lands within the United States to establish and maintain a system of 

experiment stations, research laboratories, experimental areas, and other forest and 

rangeland research facilities. Land exchanges are not limited to the same State, and other 

FLPMA requirements regarding equal value, cash equalization, and citizenship apply to such 

exchanges.
12

The Alaska National Interest Lands Conservation Act of December 2, 1980

16 U.S.C. §§ 3101–3233

For land exchanges, this authorizes the Secretary of Agriculture to exchange lands (including 

lands within conservation system units and within the NFS) or interests therein (including 

Native selection rights) with the corporations organized by the Native Groups, Village 

Corporations, Regional Corporations, and the Urban Corporations, and other municipalities 

and corporations or individuals (see 16 U.S.C. § 3192). Exchanges shall be based on equal 

value, and either party to the exchange may pay or accept cash in order to equalize the value 

of the property exchanged, except that if the parties agree to an exchange and the Secretary 

determines it is in the public interest, then such exchanges may be made for other than equal 

value.

The Small Tracts Act of January 12, 1983

16 U.S.C. §§ 521c–521i

This is used as a relief authority only in specific instances to resolve particular problematic 

title claims, innocent encroachments, and management inefficiencies. For land disposals and 

exchanges, this authorizes the Secretary of Agriculture to sell, exchange or interchange up to 

40 acres, when valued under $500,000 and are innocently encroached upon by improvements 

occupied or used under claim or color of title, are physically isolated, inaccessible, or have lost 

national forest character. It also allows for the sale of up to 40 acres of mineral fractions as well 

as rights-of-ways deemed no longer needed by the Secretary. Finally, it allows conveyance of 

parcels that are used as a cemetery, a landfill, or a sewage treatment plant under a special use 

authorization issued or otherwise authorized by a Forest Service official. Conveyances under 

this authority must be made at fair market value, adjoining landowners have right of first 

refusal, and these transactions are subject to Public Interest Determination.

The Forest Service Facility Realignment Act of 2005

Public Law 109–54; note to 16 U.S.C. § 580d

This temporary authority authorizes the Forest Service to sell, lease, or exchange administrative 

lands and facilities that are excess to the needs of the Forest Service. The Forest Service is 

not permitted to sell or exchange a property for less than market value, though it may sell it 

directly to a Tribe or governmental entity or through a competitive sale on the open market. 

The maximum tract size for administrative sites or isolated parcels in a single conveyance is 40 

acres.
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil 

rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions 

participating in or administering USDA programs are prohibited from discriminating based on 

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Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint 

and at any USDA office or write a letter addressed to USDA and provide in the letter all of the 

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USDA is an equal opportunity provider, employer, and lender.