The Secretary of Agriculture, under such regulations as he may prescribe and at rates and for periods not exceeding thirty years as determined by him, is authorized to permit the use by public and private agencies, corporations, firms, associations, or individuals, of structures or improvements under the administrative control of the Forest Service and land used in connection therewith: Provided, That as all or a part of the consideration for permits issued under this section, the Secretary may require the permittees at their expense to renovate, recondition, improve, and maintain the structures and land to a satisfactory standard.
Amendments
1998—Pub. L. 105–277, which directed the substitution of "renovate, recondition, improve, and maintain" for "recondition and maintain,", was executed by making the substitution for language which did not include a comma after "maintain" to reflect the probable intent of Congress.
Authorization for Lease of Forest Service Sites
Pub. L. 115–334, title VIII, §8623, Dec. 20, 2018, 132 Stat. 4853, provided that:
"(a)
"(1)
"(A)
"(i) any facility or improvement, including curtilage, that was acquired or is used specifically for purposes of administration of the National Forest System;
"(ii) any Federal land that—
"(I) is associated with a facility or improvement described in clause (i) that was acquired or is used specifically for purposes of administration of Forest Service activities; and
"(II) underlies or abuts the facility or improvement; and
"(iii) for each fiscal year, not more than 10 isolated, undeveloped parcels of not more than 40 acres each.
"(B)
"(i) any land within a unit of the National Forest System that is exclusively designated for natural area or recreational purposes;
"(ii) any land within—
"(I) a component of the National Wilderness Preservation System;
"(II) a component of the National Wild and Scenic Rivers System; or
"(III) a National Monument; or
"(iii) any Federal land that the Secretary [of Agriculture] determines—
"(I) is needed for resource management purposes or to provide access to other land or water; or
"(II) would be in the public interest not to lease.
"(2)
"(A) a forest headquarters;
"(B) a ranger station;
"(C) a research station or laboratory;
"(D) a dwelling;
"(E) a warehouse;
"(F) a scaling station;
"(G) a fire-retardant mixing station;
"(H) a fire-lookout station;
"(I) a guard station;
"(J) a storage facility;
"(K) a telecommunication facility; and
"(L) any other administrative installation for conducting Forest Service activities.
"(3)
"(b)
"(c)
"(d)
"(1) consult with government officials of the community and of the State in which the administrative site is located; and
"(2) provide public notice of the proposed lease.
"(e)
"(1)
"(2)
"(A)
"(i) to maximize the marketability of the administrative site; and
"(ii) to achieve management objectives.
"(B)
"(3)
"(A)
"(B)
"(i) cash;
"(ii) in-kind, including—
"(I) the construction of new facilities or improvements, the title to which shall be transferred by the lessee to the Secretary;
"(II) the maintenance, repair, improvement, or restoration of existing facilities or improvements; and
"(III) other services relating to activities that occur on the administrative site, as determined by the Secretary; or
"(iii) any combination of the consideration described in clauses (i) and (ii).
"(C)
"(i)
"(I) by conducting an appraisal in accordance with—
"(aa) the Uniform Appraisal Standards for Federal Land Acquisitions established in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and
"(bb) the Uniform Standards of Professional Appraisal Practice; or
"(II) by competitive lease.
"(ii)
"(4)
"(5)
"(f)
"(1)
"(2)
"(A)
"(B)
"(i) provide notice to the person to which the administrative site will be leased of the presence of the lead-based paint or asbestos-containing building material; and
"(ii) obtain written assurance from that person that the person will comply with applicable Federal, State, and local laws relating to the management of lead-based paint and asbestos-containing building materials.
"(3)
"(A) to analyze the most reasonably foreseeable use of the administrative site, as determined through a market analysis;
"(B) to determine whether to include any conditions under subsection (e)(4); and
"(C) to evaluate the alternative of not leasing the administrative site in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
"(4)
"(g)
"(h)
"(1)
"(A) a list of the anticipated leases to be made, including the anticipated revenue that may be obtained, under this section;
"(B) a description of the intended use of any revenue obtained under a lease under this section, including a list of any projects that cost more than $500,000; and
"(C) a description of accomplishments during previous years using the authority of the Secretary under this section.
"(2)
"(3)
"(i)
"(1)
"(2)
[For definition of "National Forest System" as used in section 8623 of Pub. L. 115–334, set out above, see section 8601 of Pub. L. 115–334, set out below.]
Forest Service Facility Realignment and Enhancement
Pub. L. 109–54, title V, Aug. 2, 2005, 119 Stat. 559, as amended by Pub. L. 111–8, div. E, title IV, §422, Mar. 11, 2009, 123 Stat. 748; Pub. L. 112–74, div. E, title IV, §421, Dec. 23, 2011, 125 Stat. 1045; Pub. L. 115–141, div. G, title IV, §423, Mar. 23, 2018, 132 Stat. 692; Pub. L. 115–334, title VIII, §8504, Dec. 20, 2018, 132 Stat. 4847; Pub. L. 116–6, div. E, title IV, §422, Feb. 15, 2019, 133 Stat. 263, provided that:
"SEC. 501. SHORT TITLE.
"This title may be cited as the 'Forest Service Facility Realignment and Enhancement Act of 2005'.
"SEC. 502. DEFINITIONS.
"In this title:
"(1)
"(A) any facility or improvement, including curtilage, that was acquired or is used specifically for purposes of administration of the National Forest System;
"(B) any Federal land associated with a facility or improvement described in subparagraph (A) that was acquired or is used specifically for purposes of administration of Forest Service activities and underlies or abuts the facility or improvement; or
"(C) not more than 10 isolated, undeveloped parcels per fiscal year of not more than 40 acres each that were acquired or used for purposes of administration of Forest Service activities, but are not being so utilized, such as vacant lots outside of the proclaimed boundary of a unit of the National Forest System.
"(2)
"(A) a forest headquarters;
"(B) a ranger station;
"(C) a research station or laboratory;
"(D) a dwelling;
"(E) a warehouse;
"(F) a scaling station;
"(G) a fire-retardant mixing station;
"(H) a fire-lookout station;
"(I) a guard station;
"(J) a storage facility;
"(K) a telecommunication facility; and
"(L) other administrative installations for conducting Forest Service activities.
"(3)
"(4)
"SEC. 503. AUTHORIZATION FOR CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE SITES.
"(a)
"(b)
"(1) by sale;
"(2) by lease;
"(3) by exchange;
"(4) by a combination of sale and exchange; or
"(5) by such other means as the Secretary considers appropriate.
"(c)
"(d)
"(1) Any land within a unit of the National Forest System that is exclusively designated for natural area or recreational purposes.
"(2) Any land included within the National Wilderness Preservation System, the Wild and Scenic River System, or a National Monument.
"(3) Any land that the Secretary determines—
"(A) is needed for resource management purposes or to provide access to other land or water;
"(B) is surrounded by National Forest System land or other publicly owned land, if conveyance would not be in the public interest due to the creation of a non-Federal inholding that would preclude the efficient management of the surrounding land; or
"(C) would be in the public interest to retain.
"(e)
"(1)
"(A) a list of the anticipated conveyances to be made, including the anticipated revenue that may be obtained, using the authority provided by this title or other conveyance authorities available to the Secretary;
"(B) a discussion of the intended purposes of any new revenue obtained using this authority or other conveyance authorities available to the Secretary, and a list of any individual projects that exceed $500,000; and
"(C) a presentation of accomplishments of previous years using this authority or other conveyance authorities available to the Secretary.
"(2)
"(3)
"(f)
"(g)
"SEC. 504. CONVEYANCE REQUIREMENTS.
"(a)
"(1)
"(A) to maximize the marketability of the administrative site; and
"(B) to achieve management objectives.
"(2)
"(3)
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) the Secretary making a cash payment to the person or entity acquiring the administrative site; or
"(ii) the person or entity acquiring the administrative site making a cash equalization payment to the Secretary.
"(c)
"(1) by conducting an appraisal that is performed in accordance with—
"(A) the Uniform Appraisal Standards for Federal Land Acquisitions, established in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and
"(B) the Uniform Standards of Professional Appraisal Practice; or
"(2) by competitive sale.
"(d)
"(1)
"(2)
"(3)
"(A) provide notice to the person or entity acquiring the administrative site of the presence of the lead-based paint or asbestos-containing building material; and
"(B) obtain written assurance from the person or entity acquiring the administrative site that the person or entity will comply with applicable Federal, State, and local laws relating to the management of the lead-based paint and asbestos-containing building materials.
"(4)
"(A) analyze the most reasonably foreseeable use of the administrative site, as determined through a market analysis;
"(B) determine whether to include terms, conditions, and reservations under subsection (a)(3); and
"(C) evaluate the alternative of not conveying the administrative site, consistent with the National Environmental Policy Act of 1969.
"(e)
"(1) not adequate to cover the market value of the administrative site; or
"(2) not otherwise in the public interest.
"(f)
"SEC. 505. DISPOSITION OF PROCEEDS RECEIVED FROM ADMINISTRATIVE SITE CONVEYANCES.
"(a)
"(b)
"(1) the acquisition, improvement, maintenance, reconstruction, or construction of a facility or improvement for the National Forest System; and
"(2) the conveyance of administrative sites under this title, including costs described in subsection (c).
"(c)
[Pub. L. 116–94, div. D, title IV, §420, Dec. 20, 2019, 133 Stat. 2747, provided that: "Section 503(f) of Public Law 109–54 (16 U.S.C. 580d note) [set out above] shall be applied by substituting 'September 30, 2020' for 'September 30, 2019'."]
[Pub. L. 115–334, title VIII, §8504, Dec. 20, 2018, 132 Stat. 4847, which directed amendment of section 503(f) of Pub. L. 109–54, set out above, by substituting "2023" for "2016", could not be executed because of the intervening amendment by Pub. L. 115–141.]
Conveyance of Excess Forest Service Structures
Pub. L. 107–63, title III, §329, Nov. 5, 2001, 115 Stat. 471, as amended by Pub. L. 108–7, div. F, title III, §325, Feb. 20, 2003, 117 Stat. 275; Pub. L. 108–108, title III, §322, Nov. 10, 2003, 117 Stat. 1307; Pub. L. 108–447, div. E, title III, §322, Dec. 8, 2004, 118 Stat. 3098, which gave the Secretary of Agriculture temporary and limited authority to convey excess structures located on National Forest System lands and to use the proceeds from those conveyances for certain maintenance and rehabilitation activities, was repealed, effective Sept. 30, 2006, by Pub. L. 109–54, title V, §503(g), Aug. 2, 2005, 119 Stat. 561, which also provided that the Secretary could complete any conveyance initiated before the effective date of the repeal.
Definition of National Forest System
Pub. L. 115–334, title VIII, §8601, Dec. 20, 2018, 132 Stat. 4847, provided that: "In this subtitle [subtitle F (§§8601–8644) of title VIII of Pub. L. 115–334, enacting section 6591e of this title and sections 7655c and 7655d of Title 7, Agriculture, amending sections 521d, 521e, 2113a, 3851a, and 7303 of this title and section 8113 of Title 7, and enacting provisions set out as notes under this section and sections 1132 and 1642 of this title, section 7655c of Title 7, and section 1772 of Title 43, Public Lands], the term 'National Forest System' has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))."
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