A bill to authorize the Secretary of Agriculture to convey certain National Forest System Lands, and for other purposes.
PL 97-465 (S.705), enacted 01/12/1983

PUBLIC LAW 97-465—JAN. 12, 1983 
96 STAT. 2535 
Public Law 97-465 
97th Congress 
An Act 
To 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 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 Secre-
tary 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. The Secretary is authorized, when the Secretary deter-
mines 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 convey-
ance by interchange, is of approximately equal value, including 
the mineral estate, to the lands being conveyed by the Secre-
tary. The Secretary shall insert in any such quitclaim deed such 
terms, convenants, 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 appro-
priate 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. 
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 than $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; 
Jan. 12, 1983 
[S. 705] 
National Forest 
System, 
land conveyance. 
16 use 521c. 
Definitions. 
16 use 521d. 
16 use 521e. 
96 STAT. 2536 
PUBLIC LAW 97-465—JAN. 12, 1983 
16 use 521f. 
Right-of-way. 
Waiver. 
16 use 521g. 
Regulations. 
16 use 521h. 
Restrictions. 
16 use 521i. 
16 use 484a. 
(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 improve-
ments 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 sub-
stantially 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. 
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 Secre-
tary. 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 Secretaiy 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. Conveyance of any road rights-of-way under this Act shall 
not be construed £is 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. The Secretary shall issue regulations to carry out the 
provisions of this Act, including specification o
f
— 
(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 consid-
ered in connection with determining the lands to be sold, 
exchanged, or interchanged under clause (1) of section 3. 
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. 
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". 
PUBLIC LAW 97-465—JAN. 12, 1983 
96 STAT. 2537 
(b) The Act of December 4, 1967 (81 Stat. 531), is further amended 1
6 U
S
C 484a. 
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.". 
Approved January 12, 1983. 
LEGISLATIVE HISTORY—S. 705 (H.R. 3021): 
HOUSE REPORT No. 97-492, pt. 1 accompanying H.R. 3021 (Ctomm. on Agriculture). 
SENATE REPORTS: No. 97-382 (Comm. on Agriculture, Nutrition, and Forestry) and 
No. 97-490 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Aug. 19, considered and passed Senate. 
Dec. 21, considered and passed House.