16 U.S.C. § 479a : US Code - Section 479A: Conveyance of National Forest System lands for educational purposes

Search 16 U.S.C. § 479a : US Code - Section 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.